2000-O-12""''ORDINANCE NO. 2000 -0 -12 vw
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING ORDINANCE NO. 880 AS
AMENDED, SAID ORDINANCE BEING APPENDIX A (THE
ZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE
CITY OF EDGEWATER, FLORIDA; REPEALING
ORDINANCE NO. 94 -0 -26, EXISTING LAND
DEVELOPMENT CODE; CHAPTER 2 -46 THRU 2 -59,
CITIZEN CODE ENFORCEMENT BOARD; CHAPTER 2 -101
THRU 2 -105, SUPPLEMENTAL CODE ENFORCEMENT;
CHAPTER 3 -1 THRU 3 -10, ADVERTISING SIGNS; CHAPTER
4 -3, ALCOHOLIC BEVERAGES; CHAPTER 7, ARTICLE XII,
SATELLITE DISHES; CHAPTER 9.5, FLOOD CONTROL &
DRAINAGE; CHAPTER 11 -29 THRU 11 -33, JUNKYARDS;
CHAPTER 14, PLANNING AND ZONING GENERALLY;
CHAPTER 17, ARTICLE III, PARKING REQUIREMENTS;
CHAPTER 18, TRAILERS, MOBILE HOMES, RECREATION
VEHICLES, PARKS AND PARKING; CHAPTER 19 -111
THRU 19 -122, WELLFIELD PROTECTION AREAS;
CHAPTER 20, WETLANDS PROTECTION; REPLACING
THE REPEALED SECTIONS WITH A NEW CHAPTER 21 OF
THE CITY CODE; SAID CHAPTER 21 BEING THE
OFFICIAL LAND DEVELOPMENT CODE, AS REQUIRED
BY CHAPTER 163.3202, FS, FOR THE CITY OF
EDGEWATER, FLORIDA; SAID CODE PROVIDING FOR
THE SUBDIVISION OF LAND; PROVIDING FOR THE
REGULATION OF LAND AND WATER TO ENSURE
COMPATIBILITY OF ADJACENT USES; PROVIDING FOR
OPEN SPACE; PROVIDING FOR THE PROTECTION OF
POTABLE WATER WELLFIELDS; PROVIDING FOR
REGULATION OF AREAS SUBJECT TO PERIODIC
FLOODING; PROVIDING FOR PROTECTION OF NATURAL
RESOURCES; PROVIDING FOR THE REGULATION OF
SIGNAGE; PROVIDING FOR CONCURRENCY
MANAGEMENT; PROVIDING FOR SAFE ON -SITE
TRAFFIC FLOW; PROVIDING FOR THE LOCATION OF
TELECOMMUNICATION TOWERS; PROVIDING FOR
HISTORIC PRESERVATION; PROVIDING FOR THE
REGULATIONS OF AIRPORTS; PROVIDING FOR THE
PREVENTION OF FIRE AND HAZARDS; PROVIDING FOR
A NEW OFFICIAL ZONING MAP AND PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
Stt uck through passages are deleted.
Underlined passages are added.
1
2000 -0 -12
1W
en
WHEREAS, on May 21, 1990, the City of Edgewater adopted the City's Comprehensive
Plan (Ordinance 90 -0 -18) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and
Chapter 9J -5, Florida Administrative Code; and
WHEREAS, on November 23, 1992, the Florida Department of Community Affairs
determined the City's Comprehensive Plan was IN COMPLIANCE with the requirements of Chapter
163, Part II, Florida Statutes and Chapter 9J -5, Florida Administrative Code; and
WHEREAS, Chapter 163, Part II requires the City to implement the adopted Comprehensive
Plan by Land Development Regulations; and
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development of land in the City; and
WHEREAS, the Local Planning Agency held a public workshop on December 16,1998, and
public hearings on January 27, 1999, January 19, 2000, and April 12, 2000, to consider the proposed
Land Development Code, (Chapter 21 of the City Code); and
WHEREAS, after consideration of the public testimony at those hearings, the Local Planning
Agency determined the proposed Land Development Code is consistent with the City's
Comprehensive Plan and that it substantially meets the requirements of Chapter 163.3202, Florida
Statutes; and
WHEREAS, the City Council conducted public workshops on May 8, 2000, and May 25,
2000; a first reading /public hearing on June 19, 2000; and a second reading and public hearing on
July 10, 2000; and
Struck through passages are deleted.
Underlined passages are added.
2
2000 -0 -12
1 4
M
WHEREAS, the public was provided notice of these meetings by advertisements in the
Observer (a newspaper of general circulation in the City of Edgewater) and by posting the schedule
at City Hall and the Edgewater Library; and
WHEREAS at these public meetings, the City Council received and considered the public
testimony and input regarding the proposed Land Development Code; and
WHEREAS, the City has complied with the procedure for enacting ordinances as described
by Chapter 166.041, Florida Statutes; and
WHEREAS, the City Council recognizes that it is critical to adopt a Land Development
Code which meets the requirements of Chapter 163.3202, Florida Statutes; and
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:
PART A. CREATION OF A NEW CHAPTER 21
There is hereby created a new Chapter 21 of the City Code known as the Land Development
Code. The new Chapter 21 of the City Code is attached hereto as Exhibit A and incorporated herein
by this reference. The Land Development Code shall contain all City regulations concerning the
following:
(1) Zoning, subdivision and use of land within the City
(2) Compatibility between adjacent land uses
(3) Requirements concerning open space in development projects
(4) Consistency with the land and water uses in the adopted Comprehensive Plan
(5) Protection of potable wellfields and sensitive lands
(6) Provisions for stormwater management
St. tick through passages are deleted.
Underlined passages are added.
3
2000 -0 -12
(7) Control of signage and billboards
(8) Location of telecommunication towers
(9) Concurrency Management System Requirements
(10) Provisions for safe and convenient on -site vehicle and pedestrian traffic flow
(11) Provisions for annexations of lands, amendments to this Land Development Code,
amendments to the adopted Comprehensive Plan and the abandonment of public
rights -of -way
(12) Provisions for historic preservation
(13) Provisions for airport regulation
(14) Provisions for fire and hazard prevention
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such portion shall be deemed a separate, distinct and independent provision and
the holding shall not affect the validity of the remaining portions of this ordinance.
PART D. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon passage and adoption.
Stt tick through passages are deleted.
Underlined passages are added.
4
2000 -0 -12
MA
PART E: CODIFICATION
It is the intention of the City Council that the provisions of this Ordinance shall become and
be made a part of the City Code and that sections of this Ordinance may be renumbered or relettered
and the correction of typographical errors which do not affect the intent may be authorized by the
City Manager without need of public hearing, by filing a corrected or recodified copy of the
Ordinance with the City Clerk.
PART F: ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on June 19, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt
X
Councilman James P. Brown
X
Councilman Dennis A. Vincenzi
X
Councilwoman Harriet E. Rhodes
X
Councilwoman Judy Lichter
X
% tick through passages are deleted.
Underlined passages are added.
5
2000 -0 -12
After Motion by councilmanyincen:i and Second b)counci lwoman Idchten , the vote on the
second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSES AND DULY ADOPTED this 1 Oth day of duly , 2000.
Stiackthrongh passages aredeleted.
Underlined passages are added.
2000-o-12
6
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By ✓a
Donald A. Schmidt
Mayor
31� cAI/`Y.
Robin L. Matusick
Legal Assistant
The City of Edgewater
Chapter 21
Land Development Code
Approved by City Council
July 10, 2000
CHAPTER 21
LAND DEVELOPMENT CODE
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
Section 21 -01 -
Title
Section 21 -02 -
Authority & Applicability
Section 21 -03 -
Purpose & Intent
Section 21 -04 -
Consistency with Comprehensive Plan
Section 21 -05 -
Jurisdiction
Section 21 -06 -
Rules of Interpretation
Section 21 -07 -
Delegation of Authority
Section 21 -08 -
Relationship of Specific to General Provisions
Section 21 -09 -
Conflicting Language or Provisions
Section 21 -10 -
Severability
Section 21 -11 -
Repeal of Prior Provisions
Section 21 -12 -
Effective Date
ARTICLE II - DEFINITIONS
Section 21 -20.01 - Intent
Section 21 -20.02 - Definitions
ARTICLE III - PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED
USES
Section 21 -30 -
Section 21 -31 -
Section 21 -32 -
Section 21 -33 -
Section 21 -34 -
Section 21 -35 -
Section 21 -36 -
Section 21 -37 -
Section 21 -38 -
General Provisions
Comprehensive Plan Relationship
Zoning District Descriptions
Uses and Restrictions
Special Use Requirements
Prohibited Uses
Accessory Use Requirements
Special Activity Permit Requirements
Fences, Walls and Hedges
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode)
Table of Contents
-i-
ARTICLE IV - RESOURCE PROTECTION STANDARDS
Section 21 -40
Section 21 -41
Section 21 -42
Section 21 -43
Section 21 -44
Section 21 -45
General Provisions
Wetland Areas
Floodplains
Wellfield Protection Areas
Groundwater Recharge Areas
Sensitive Habitat Areas
ARTICLE V - SITE DESIGN CRITERIA
Section 21 -50 -
General Provisions
Section 21 -51 -
Utilities
Section 21 -52 -
Vehicle/Pedestrian Circulation Requirements
Section 21 -53 -
Stormwater Management Requirements
Section 21 -54 -
Landscaping Requirements
Section 21 -55 -
Tree Protections Requirements
Section 21 -56 -
Parking/Loading Requirements
Section 21 -57 -
Planned Unit Development Design Criteria
ARTICLE VI -
SIGN REGULATIONS
Section 21 -60 -
General Requirements
Section 21 -61 -
On -site Signs
Section 21 -62 -
Off -site Signs
Section 21 -63 -
Temporary Signs
Section 21 -64 -
Non - conforming Signs
Section 21 -65 -
Sign Agreements
ARTICLE VII - NON- CONFORMING USES
Section 21 -70 -
Purpose
Section 21 -71 -
Non - conforming Uses
Section 21 -72 -
Variances
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
Table of Contents
-ii-
ARTICLE VIII - ADMINISTRATION
Section 21 -80 -
Section 21 -81 -
Section 21 -82 -
Section 21 -83 -
Section 21 -84 -
Section 21 -85 -
Section 21 -86 -
Section 21 -87 -
ARTICLE IX -
Section 21 -90 -
Section 21 -91 -
Section 21 -92 -
Section 21 -93 -
Section 21 -94 -
Section 21 -95 -
Section 21 -96 -
Section 21 -97 -
Section 21 -98 -
Section 21 -99 -
Section 21 -100
Section 21 -101
Section 21 -102
Purpose
City Council
City Manager
City Attorney
Technical Review Committee
Planning & Zoning Board
Code Enforcement Board
Construction Regulation Board
APPLICATION PROCEDURES
General Provisions
Zoning Map Amendments
Conditional Use Permits
Site Plan Review
Land Development Code Amendments
Small Scale Amendments
Other Plan Amendments
Voluntary Annexation
Involuntary Annexation
Abandonments
Variances
Development Agreements
Mining Permits
ARTICLE X - CODE COMPLIANCE PROCESS
Section 21 -120 - Enforcement Process
Section 21 -121 - Special Code Compliance Issues
ARTICLE XI - CONCURRENCY MANAGEMENT SYSTEM
Section 21 -130
Section 21 -131
Section 21 -132
Section 21 -133
Section 21 -134
Section 21 -135
Section 21 -136
Section 21 -137
Purpose and Intent
Comprehensive Plan Consistency
Concurrency Review Process
Applicability and Exemptions
Final Development Order Criteria
Adopted Level of Service Standards
Concurrency Demand Methodology
Intergovernmental Coordination
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
Table of Contents
-iii-
ARTICLE XII - TELECOMMUNICATION TOWERS
Section 21 -140
-
Purpose
Section 21 -141
-
Location Criteria
Section 21 -142
-
Site Development Criteria
Section 21 -143
-
Special Permit Process
Section 21 -144
-
Location Incentives
Section 21 -145
-
Antennas on Buildings
Section 21 -146
-
Inspections /Certifications
Section 21
-147 -
Abandonment
Section 21
-148 -
Article Amendments
ARTICLE XIII - SUBDIVISIONS
Section 21 -160
-
General Provisions
Section 21 -161
-
Comprehensive Plan Consistency
Section 21 -162
-
Pre - Application Procedures
Section 21 -163-
-183 -
Preliminary Plat Procedures
Section 21 -164
-
Construction Plans
Section 21 -165
-
Bonds /Surety Devices
Section 21 -166
-
Final Development Plan
Section 21 -167
-
Final Plat Procedure
Section 21 -168-
-187 -
Required Improvements
Section 21
-169-
Design Standards
Section 21
-170-
Variances, Exceptions and Appeals
ARTICLE XIV - HISTORIC PRESERVATION
Section 21 -180
-
General Provisions
Section 21 -181
-
Recreation/Cultural Services Board
Section 21 -182
-
Designation of Landmarks, Landmark Sites and Historic Districts
Section 21
-183 -
Approval of Changes to Landmarks, Landmark Sites and Property in
Historic Districts
Section 21
-184 -
Archaeological Preservation
Section 21
-185 -
Emergency Actions
Section 21
-186 -
Conformity with the Certification of Appropriateness
Section 21
-187 -
Maintenance and Repair of Landmarks, Landmark Sites, and Property in
Historic Districts
Section 21
-188 -
Penalty
Section 21
-189 -
Demolition Permits
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
Table of Contents
-iv-
ARTICLE XV -
Section 21 -200 -
ARTICLE XVI -
Section 21 -210 -
Section 21 -220 -
Section 21 -230 -
Section 21 -240 -
Section 21 -250 -
AIRPORTS
General Provisions
FIRE & HAZARD PREVENTION
General Provisions
Hazardous Materials
Burning of Garbage, Trash, Brush, Etc.
Water Distribution
Fire Flow Regulations & Hydrants
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
Table of Contents
-v-
ARTICLE I
GENERAL PROVISIONS
SECTION 21 -01 - TITLE ..................... ............................... I -1
SECTION 21 -02 - AUTHORITY & APPLICABILITY ........................... I -1
SECTION 21 -03 - PURPOSE & INTENT ........ ............................... I -1
Section 21 -03.01 - Purpose ............... ............................... I -1
Section 21 -03.02 - Intent ................. ............................... I -2
SECTION 21 -04 - CONSISTENCY WITH COMPREHENSIVE PLAN ............. I -2
SECTION 21 -05 - JURISDICTION ............. ............................... I -3
SECTION 21 -06 - RULES OF INTERPRETATION .............................. I -3
SECTION 21 -07 - DELEGATION OF AUTHORITY ............................. I -4
SECTION 21 -08 - RELATIONSHIP OF SPECIFIC TO GENERAL PROVISIONS ... I -4
SECTION 21 -09 - CONFLICTING LANGUAGE OR PROVISIONS ............... I -4
SECTION 21 -10 - SEVERABILITY ............ ............................... I -4
SECTION 21 -11 - REPEAL OF PRIOR PROVISIONS ........................... I -4
SECTION 21 -12 - EFFECTIVE DATE .......... ............................... I -5
Sections 21 -13 through 21 -19 reserved for future use.
Article I
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE I
GENERAL PROVISIONS
SECTION 21 -01 TITLE
This Chapter shall be codified known and cited as the "Land Development Code of the City of
Edgewater, Florida ".
SECTION 21 -02 AUTHORITY & APPLICABILITY
This Land Development Code is enacted pursuant to the requirements and authority granted by the
Florida Constitution and the Laws of the State of Florida of Chapter 163, Part II, Florida Statutes,
(the Local Government Comprehensive Planning and Land Development Regulation Act) and the
general powers in Chapter 166, Florida Statutes and Article VIII & II of the Florida Constitution.
More specifically, Chapter 163.3161(5), Florida Statutes "... no public or private development shall
be permitted except in conformity with comprehensive plans, or elements or portions thereof,
prepared and adopted in conformity with this act." This statutory mandate is further amplified in
Chapter 163.3202, Florida Statutes which states "...It is the intent of this act that adopted
comprehensive plans or elements thereof shall be implemented in party by adoption and enforcement
of appropriate local regulations on the development of lands and waters within an area..."
Upon adoption of this Code, the use of any parcel of land, water body, any structure, or any
combination thereof, within the corporate limits of the City of Edgewater shall be in conformance
with the requirements of this City Code. Failure to comply with the requirements of this Code may
subject an alleged offender to the enforcement provisions of Article X as well as any other available
enforcement remedies.
SECTION 21 -03 PURPOSE AND INTENT
Section 21 -03.01 Purpose
The purpose and intent of this Code to promote, safeguard the public health, safety, comfort and
welfare, and to ensure that lands within the City of Edgewater are developed in a manner which is
consistent with the policies and objectives of the City of Edgewater's Comprehensive Plan. It is
further the intent of this Code to implement the requirements of Chapter 163.3202, Florida Statutes
(hereinafter referred to as FS) by adopting regulations which:
a. Regulate the subdivision of land and efficient use of public facilities.
b. Regulate the use of land and water to ensure compatibility with adjacent land uses.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) I -1
C. Provide for the protection of potable water well fields, flood prone areas and wetlands.
d. Regulate signage.
e. Require inspection and engineer certification, that required improvements meet minimum
City standards.
f. Establish procedures to ensure that policies and objectives of the Comprehensive Plan are
enforced.
g. Ensure the protection of environmentally sensitive lands.
h. Provide criteria and procedures to ensure that the level of service standards established in the
Comprehensive Plan are met.
i. Ensure safe and convenient on -site traffic flow and parking.
Section 21 -03.02 Intent
The Land Development Regulations set forth herein are made in accordance with a Comprehensive
Plan for the general public health, safety and welfare of the City. They are designed to lessen
congestion in the streets; to secure safety; to provide adequate light and air; to prevent the
overcrowding of land or buildings; to avoid undue concentration of population; to provide adequate
public facilities and utilities; and to preserve the natural resources and community amenities of
beauty and visual interest. They are made with reasonable consideration to the character of each
district and its unique suitability for particular uses, and with a view of conserving the value of
property and encouraging the most appropriate use of land throughout the City.
SECTION 21 -04 CONSISTENCY WITH COMPREHENSIVE PLAN
This Code incorporates new authorization, requirements and regulations to implement the objectives
and policies of the Comprehensive Plan, and to ensure that all land development activities within
the City are consistent with and further the objectives, policies, land uses, densities and intensities
in the City's Comprehensive Plan.
It is recognized, however, that situations may arise in the daily administration and enforcement of
this Code whereby strict interpretation and enforcement of the Code may be contrary to the goals,
objectives and policies of the Comprehensive Plan. Such situations may arise due to changes in land
development priorities or economics, new issues which were not anticipated at the time this Code
was drafted and adopted, or the inability to meet competing goals through a single action. In this
situations, the goals and policies of the Comprehensive Plan shall take precedence, and the Code
shall be interpreted and administered consistent with the overall goals, objectives and policies of the
Comprehensive Plan as interpreted by the City Council, until such time that the Code and/or
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) I -2
Comprehensive Plan can be amended to resolve any conflict.
SECTION 21 -05 JURISDICTION
The provisions of this Code shall apply to all buildings, structures, uses and development of land
within the corporate limits of the City of Edgewater, Florida, as now or hereafter defined, and all
areas under the jurisdiction of the City for land use planning and development control as specified
by law or in any applicable interlocal planning agreements.
SECTION 21 -06 RULES OF INTERPRETATION
For the purpose of this Code, the following rules of interpretation shall apply unless such
construction would be inconsistent with the Comprehensive Plan or the manifest intent of the City
Council:
a. In case of any difference of meaning or implication between the text and any caption,
illustration, summary table, or illustrative table, the text shall control.
b. The words "shall' or "must" are always mandatory and not discretionary. The words "may"
or "should" are permissive.
C. Words used in the present tense shall include the future, and words used in the singular
number shall include the plural and the singular, unless the context clearly indicates the
contrary.
d. The term "building" or "structure" includes any part thereof.
e. The phrase "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
f. The word "person" includes an individual, a corporation, a partnership, an incorporated
association or any other similar entity.
g. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more
items, conditions, provisions, or events connected by the conjunction "and ", "or ", or
"either -or ", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected items, conditions, provisions or events shall
apply;
2. "Or" indicates that the connected items, conditions, provisions, or events may apply
singly or in any combination;
3. "Either ... or" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) I -3
h. The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
Sites, or lot areas, herein is the minimum area required.
The interpretation and application of the regulations and provisions of this Code by the City
shall be reasonable and uniformly applied to all property within the jurisdiction of the City
of Edgewater.
k. Whenever the regulations and requirements of this Code are in conflict with the requirements
of any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most
restrictive shall apply.
SECTION 21 -07 DELEGATION OF AUTHORITY
Whenever a provision appears requiring the administrative official, the head of a department or some
other City officer or employee to perform an act or duty, it is to be construed to authorize delegation
to subordinates to perform the required act or duty, unless the terms of the provision or section
specify otherwise, or such delegation would be contrary to the spirit and intent of this Code.
SECTION 21 -08 RELATIONSHIP OF SPECIFIC TO GENERAL PROVISIONS
More specific provisions of this Code shall be followed in lieu of more general provisions which
may be more lenient than, or in conflict with the more specific provisions.
SECTION 21 -09 CONFLICTING LANGUAGE OR PROVISIONS
In case of conflict within this Code or between this Code and the Code of Ordinances, the language
or provision which is most appropriate shall apply.
SECTION 21 -10 SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held
by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the
remaining portions of this Code shall continue in full force and effect.
SECTION 21 -11 REPEAL OF PRIOR PROVISIONS
Table I -1 lists the portions of the Code of Ordinances that are hereby superseded and expressly
repealed upon the effective date of this Code.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) I -4
TABLE I -1
REPEALED ORDINANCES AND DOCUMENTS
Ordinance No. 94 -0 -26
Existing Land Development Code
Appendix A
Existing Zoning Ordinance
Chapter 2 -46 thru 2 -59
Citizen Code Enforcement Board
Chapter 2 -101 thru 2 -105
Supplemental Code Enforcement
Chapter 3
Advertising Signs
Chapter 4.3
Alcoholic Beverages
Chapter 7, Article XH
Satellite Dishes
Chapter 9.5
Flood Control & Drainage
Chapter 11 -29 thru 11-33
Junkyards
Chapter 14
Planning and Zoning Generally
Chapter 17, Article III
Parking Requirements
Chapter 18
Trailers, Mobile Homes, Recreation Vehicles,
Parks and Parking
Chapter 19 -111 thru 19 -122
Wellfield Protection Areas
Chapter 20
Wetlands Protection
SECTION 21 -12 EFFECTIVE DATE
These regulations shall be effective immediately on passage. Any application for a development
permit filed prior to the effective date of this Code shall continue to be processed according to the
requirements of the previous regulations unless the applicant voluntarily elects to develop under the
new regulations.
Section 21 -13 through 21 -19 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) I -5
ARTICLE II
DEFINITIONS
SECTION 21 -20 - DEFINITIONS
21- 20.01- Intent ........................ ............................... II -1
21 -20.02 - Definitions ................... ............................... H -1
Article H
-i-
ARTICLE II
DEFINITIONS
SECTION 21 -20 - DEFINITIONS
21- 20.01- INTENT
Unless otherwise expressly stated the following terms shall, for the purposes of these regulations
have the meaning indicated. Words in the singular include the plural, and those in the plural include
the singular. Words used in the present tense include the future tense. The words "person,"
"subdivider," "developer" and "owner" include a corporation, unincorporated association and a
partnership or other legal entity, as well as an individual. The word "watercourse" includes channel,
creek, ditch, spring and streams.
The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and
directive. Words not herein defined shall have the meanings given in Webster's Unabridged
Dictionary or the applicable state statutes and/or administrative rules. The words and terms herein
shall have the meanings ascribed thereto.
21 -20.02 - Definitions
ABANDON means to discontinue an existing use of land or structure for 181 consecutive
days, other than cessation due to probate or mortgage foreclosure activities.
ABUT OR ABUTTING means to physically touch or border upon, or to share a common
property line, or be separated from such a border by an alley, easement, street or canal.
ACCESS means a dedicated; or recorded right -of -way, road, lane, alley or easement
affording perpetual ingress and egress to a subject property to a public thoroughfare or to a water
body.
ACCESSORY BUILDING means a structure, the use of which is customarily incidental
and subordinate to that of the main building on the same lot, including but not limited to detached
garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat houses and similar
uses that are used to shelter and/or protect equipment, supplies, chemicals, goods, furniture and the
like for use by the principal occupant.
ACCESSORY USE means a use that is incidental, related, appropriate and clearly
subordinate to the principal use of the building, lot or parcel and is under the direct control or
ownership of any person who occupies or operates the principal use of the same building, lot or
parcel.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -1
ACTUAL START means the first placement of, permanent construction of a structure on
a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any
work beyond the stage of excavation or the placement of a manufactured home on a foundation.
ADMINISTRATIVE OFFICIAL means the Building Official or Planning Director of the
City of Edgewater.
ADULT DAY CARE CENTER means any building, buildings, whether operated for profit
or not, in which is provided through its ownership or management, for a part of a day, basic services
to three or more persons who are 18 years of age or older, who are unrelated to the owner or operator
by blood or marriage, and who require such services.
ADULT LIVING FACILITY (ALF) means a residential facility, for more than three
persons unrelated to the owner, where shelter and services are provided and may include meals,
housekeeping, and personal care assistance. Residents shall not be under in -house nursing /medical
care.
Facilities which provide for a specific number of residents are listed below.
FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the
Department of Children and Families (formerly Department of Health and Rehabilitative
Services), which provides a living environment for six (6) or fewer unrelated residents who
operate as the functional equivalent of a family, including such supervision and care by
supportive staff as may be necessary to meet the physical, emotional and social needs of the
residents. The term "family residential home" shall include congregate care facilities, foster
homes, group care homes, nursing homes, and child care facilities with six (6) or fewer
residents and that otherwise meet the definitional requirements of a family residential home.
COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients
of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services), which provides a living environment for seven (7) to fourteen (14)
unrelated residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional
and social needs of the residents. The term "community residential home" shall include
congregate care facilities, foster homes, group care homes, nursing homes, and child care
facilities with seven (7) to fourteen (14) residents and that otherwise meet the definitional
requirements of a community residential home. Community residential homes shall not be
located within a radius of 1000 feet of another existing such home
INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve
clients of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services), which provides a living environment for more than fourteen (14)
unrelated residents who operate as the functional equivalent of a family, including such
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -2
supervision and care by supportive staff as may be necessary to meet the physical, emotional
and social needs of the residents. The term "institutional residential home" shall include
nursing homes, congregate care facilities, foster homes, group care homes and child care
facilities with more than fourteen (14) residents and that otherwise meet the definitional
requirements of institutional residential home.
ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising display
surface area (copy area) encompassed within any regular geometric figure, which forms the
informational component of a sign, not including the structural support components of a sign.
AFFILIATE means a person that directly or indirectly owns or controls, is owned or
controlled by, or is under common ownership or control with, another person. For purposes of this
paragraph, the term own means to own an equity interest (or the equivalent thereof) of more than 10
percent.
AGRICULTURE means general farming activities and attendant accessory uses and
subsequent processing and industrial activities.
AIRCRAFT HANGER means an enclosed or semi enclosed building specifically intended
for the storage of aircraft.
ALLEY means a public right -of -way primarily designated to serve as a secondary means of
access to the side or rear of abutting properties having principal frontage on a street.
ALTERED OR ALTERATIONS means any change in a building's structural parts;
stairways; type of construction; kind or class of occupancy; light and ventilation; means of ingress
and egress; wiring, plumbing, heating or cooling system; and other changes affecting or regulated
by building codes or the ordinances.
ALTERATION in regards to Historic Preservation means any act that changes the exterior
features of a designated property.
ALTERED WETLAND means wetlands that have been substantially affected by
development, but which continue to provide some environmental benefit.
ALTERNATIVE SUPPORT STRUCTURE means structures, other than
telecommunication towers, including, but not limited to: buildings; water towers; light poles; power
poles; telephone poles and other public utilities structures.
AMORTIZATION OR AMORTIZING means a method of eliminating nonconforming
uses by requiring the termination of the nonconforming use after a specified period of time.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -3
ANIMAL BOARDING means the housing of animals for compensation for more than 12
hours.
ANTENNA means any system of wires, poles, rods, reflecting discs or similar devices, used
for the transmission or reception of electromagnetic waves external to, or attached to, the exterior
of any building.
APARTMENT- See DWELLING for various housing types
APPEAL means a request for a review of an administrative interpretation of any provision
of this Code, or a decision made by any City official, City board or the City Council.
APPLICANT means any person who submits appropriate documentation as required by the
City relating to all aspects of this Code.
AQUACULTURE means raising aquatic animals for sale.
AQUACULTURE, LIMITED means the cultivation, production and raising of the natural
products of water including hatcheries, nurseries and maintenance of products in above ground tanks
less than 10,000 gallons of capacity.
AREA OF SHALLOW FLOODING means a designated AO or VO zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate
and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the land in a flood plain in a community
subject to a one percent or greater chance of flooding in any given year.
AS -BUILT SURVEY means a survey which depicts the location and dimension of all
structures, parking areas, stormwater management facilities and associated grades, road easements
or other improvements as may be required or constructed on the parcel and includes the location and
limits of the 100 -year flood plain, if any.
AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive
bodywork including the painting, repainting, restoring of a vehicle, parts or components including
engine removal or dismantling, straightening or welding of vehicle frames or body parts, or the
performance of other related vehicle services.
AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair or
serving work to automobiles and light trucks and does not include large trucks or other mechanical
equipment. The term does not include any of the following activities or uses:
(a) Vehicle paint and body shop.
(b) Vehicle fabrication or assembly uses.
(c) Vehicle welding services or repairs.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -4
AUTOMOTIVE SERVICE STATION means an establishment that is used primarily for
the retail sale and direct delivery to motor vehicles of motor fuels and lubricants.
AWNING means a roof -like structure, regardless of the material used for construction,
attached to a building which shelters doors or windows from the weather.
BANNER SIGN means any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any
kind, including such signs stretched across or hung over any public right -of -way.
BASE FLOOD means the flood having a one - percent (1%) chance of being equaled or
exceeded in any given year (100 year storm event).
BASE FLOOD ELEVATION means the maximum elevation above mean sea level
expected to be reached by flood waters during a 100 year storm event.
BASEMENT means that portion of a structure having its finished floor (below ground level)
on all sides.
BEACON LIGHT SIGN means any sign or device which includes any light with beams
capable of being revolved automatically.
BED AND BREAKFAST means a house or portion thereof where lodging rooms are
available for short term rental and meals may be provided to the guests renting the rooms and where
the operator of the establishment lives on the premises.
BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted, printed,
or otherwise affixed thereto, as further described in Chapter 337.408,FS.
BERM means a manmade or natural mound of earth located so as to form a mound above
the general elevation of the adjacent ground or surface.
BILLBOARD SIGN means a sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than the premises on which the sign
is located.
BLOCK means a tract of land existing within well defined and fixed boundaries, usually
being a group of lots surrounded by streets or other physical barriers.
BOAT HOUSE means an accessory structure typically but not necessarily attached to a dock
designed and used for the protection and storage of boats and boating supplies.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -5
BOUNDARY LINE means a delineation that indicates or defines limits between differing
lot or property lines.
BOUNDARY SURVEY means a survey that depicts the physical boundaries and dimensions
of a parcel and legal description.
BREAK POINT means the location on a communication tower of a designed feature which,
in the event of a tower failure, would result in the tower falling entirely within the boundaries of the
property on which it is located.
BREAKAWAY WALL means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevation portion of the building or the supporting foundation system.
BUFFER means a land area of specified width and/or height which is used to separate one
use from another, or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means that portion of a lot remaining within the established front, rear
and side setbacks.
BUILDING means any structure designed or built for the support, enclosure, shelter or
protection of persons, animals, chattels or moveable property of any kind.
BUILDING ADDITION means any expansion to the perimeter of a building to which the
addition is connected.
BUILDING FRONTAGE means the side of a building facing the principal road, street,
highway or easement serving the building.
BUILDING HEIGHT means the vertical distance measured from the finished grade to the
average point of the roof peak.
BUILDING PERMIT EXPIRATION means every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance, or if
the work authorized by such permit is suspended or abandoned for a period of six months after the
time the work is commenced. One or more extensions of time, for periods not more than 90 days
each, may be allowed for permit. The extension shall be requested in writing and justifiable cause
demonstrated. Extensions shall be in writing by the Building Official.
BUILDING SETBACK LINE means a line within a lot or other parcel of land so
designated on the final plat, between which line and the adjacent boundary of the street or street
widening setback line, where applicable, upon which the lot or parcel abuts the erection of a building
is prohibited, as prescribed by the zoning ordinance.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -6
BULKHEAD LINE means a line established to fix the maximum distance from the
shoreline within which filling may occur.
CALIPER means the trunk diameter of trees at a predetermined point.
CANOPY (FREESTANDING) means a rigid multi -sided structure covered with fabric,
metal, or other material and supported by columns or posts embedded in the ground and/or attached
at other points. Does not include the term carport.
CAPACITY means the availability of a public or private service or facility to accommodate
users, expressed in an appropriate unit of measure such as gallons per day or average daily trips.
CARTWAY means the actual road surface areas from curb line to curb line or the hard
surface road width of the road surface when no curbs are present.
CARPORT means an accessory structure or portion of a principal structure consisting of
roofed area open on one, two, or three sides and attached to the main building by support members
for storage of one or more vehicle. Does not include the term canopy (freestanding).
CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge and
blend into and conform in appearance with existing surroundings. An example of a camouflage
communication tower would be one that is constructed in the form and shape of a tree in order to
appear to be part a forested area or a tower constructed to appear to be a component of a bell tower
or to be or appear to be a component of church steeple in order for the tower to be or appear to be
part of these more aesthetically pleasing structures.
CEMETERY means land used or intended to be used as a burial ground or burial place -of
the human dead and dedicated for crematories, mausoleums and mortuaries if operated in connection
within the boundaries of such cemetery.
CERTIFICATE OF CONCURRENCY means a statement issued by the City and relating
to a specific development project on a specific parcel of real property or part thereof, which is valid
and states that all concurrency requirements are satisfied and that a specified quantity of concurrency
facilities is reserved for a specified period of time.
CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements
of the National Historic Preservation Act Amendments of the 1980 (P.A. 96 -515) and the
implementing regulations of the U. S. Department of the Interior and the State of Florida.
CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or
illustrations can be changed or rearranged, including billboards.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -7
CHILD CARE FACILITY means any child care center or child care arrangement which
provides child care for more than five children under the age of 18 unrelated to the operator and
which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and
whether or not operated for profit. The following are not included:
(a) Public schools and nonpublic schools and their integral programs, except as provided
in s. 402.3025;
(b) Summer camps having children in full -time residence;
(c) Summer day camps; and
(d) Bible schools normally conducted during vacation periods.
CITY means the City of Edgewater, a Florida municipal corporation.
CITY COUNCIL means the governing body of the City.
CITY ENGINEER means a professional engineer employed by the City or the designated
consultant professional engineer.
CLEARING means the removal of trees and/or brush from a parcel, not including mowing.
CLUB means a building or facilities owned or operated by a corporation, association, person
or persons for a social, educational, or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business and where the serving or sale of alcohol is
not the primary use.
COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high - velocity
waters caused by, but not limited to, hurricane wave wash found in Category 1 storms. The area is
designated on a FIRM as zones V 1 -30, VE or V.
COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's
rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR
services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the FCC's
rules.
COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission (FCC).
COMMUNICATION TOWER means a tower greater than 35 feet in height (including the
antenna component) which supports communication (transmission or receiving) equipment. Amateur
radio operators' equipment, as licensed by the FCC, shall not be deemed a communication tower.
COMPATIBILITY means a condition in which land uses or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use or condition is
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -8
negatively impacted directly or indirectly by another use or condition.
COMPREHENSIVE PLAN means an ordinance of the City which contains the official
statement of public policy for the development and/or redevelopment of the City, and which
conforms to the relevant requirements of Chapter 163, Part II, FS and the appropriate portions of the
Florida Administrative Code.
CONCEPTUAL PLAN means a preliminary presentation and attendant documentation of
a proposed development project of sufficient accuracy to be used for meaningful discussion.
CONSTRUCTION PLANS means signed and sealed drawings by appropriate professional,
and/or specifications indicating specific locations of site improvements and other similar matters.
CONSTRUCTION SIGN means any sign giving the names of contractors, design
professionals and lending institutions responsible for construction occurring on the same parcel.
CONCURRENCY MANAGEMENT means the procedure and process that the City uses
to ensure that no development order or permit is issued by the City unless the necessary Concurrent
public facilities are available. This means public facilities and services for which a Level of Service
(LOS) must be met concurrent with the impact of development, or an acceptable deadline as
mandated in the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and 9J- 5.0055,
Florida Administrative Codes, and shall include but may not be limited to:
(a)
potable water
(d)
recreation /open space
(b)
sanitary sewer
(e)
solid waste
(c)
drainage
(f)
roadways
CONDITIONAL USE means a use within a zoning district which may be permitted,
pursuant to express standards and criteria which are consistent with the Comprehensive Plan.
CONTIGUOUS means lands which abut each other or are separated by streets, ways,
easements, pipelines, power lines, conduits, or rights -of -way under ownership of the petitioner, or
a governmental agency, or subdivision, or public or private utility.
COSTS with regard to hazardous substances means those necessary and reasonable costs
incurred by the City in connection with investigating, mitigating, minimizing, removing or abating
discharges of hazardous substances, including but not limited to: the actual labor costs of city
personnel or authorized agents, cost of equipment operation and rental, cost of expendable items,
including but not limited to firefighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums, goggles and protective clothing (both structural and chemical protective,
disposable or standard use). Costs shall further include overhead costs and indirect expenses
allocable to the foregoing costs.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) II -9
CREMATORIUM means an establishment in which a deceased body is reduced to ashes
in a furnace. This type of facility must be licensed with the Florida Department of Business and
Professional Regulation and meet the criteria of the Florida Department of Health Department of
Environmental Protection, pursuant to Florida Statutes, Chapter 470.025.
DEMOLITION means any act that destroys in whole or in part, a building or structure,
landmark or archeological site or building or structure.
DENSITY means an objective measurement of the number of residential units allowed per
unit of land.
DESIGN CAPACITY means the limit of capacity of a public facility beyond which it ceases
to function efficiently.
DEVELOPER means any person, partnership or corporation, or duly authorized agent who
undertakes the subdivision of land under these regulations.
DEVELOPMENT AGREEMENT means an agreement entered into between the City and
another party associated with the development of land, including agreements associated with
development orders issued pursuant to Section 163.3220 - .3243, FS and Section 21 -101 of this code.
DEVELOPMENT means the carrying out of any building activity or mining operation, the
making of any material change in the use or appearance of any structure or land, or the dividing of
land into three (3) or more parcels and includes the following activities or uses:
(a) A reconstruction, alteration of the size or material change in the external appearance
of a structure or land;
(b) A change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure, or on land, or a material increase in the number of
businesses, manufacturing establishments, offices, or dwelling units in a structure or
on land;
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal
including any "coastal construction" as defined in Section 161.021, Florida Statutes;
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation on
a parcel of land;
(e) Demolition of a structure;
(f) Clearing of land as an adjunct of construction;
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or
(h) The subdivision of land consistent with this regulation.
When appropriate to the context, "development" refers to the act of developing or to the result of
development.
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) II -10
DEVELOPMENT ORDER means an order or permit granting, denying, or granting with
conditions an application for a development permit.
DEVELOPMENT SIGN means a sign designed and intended to advertise and promote the
sale of buildings or subdivided lots on the same parcel.
DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree, measured 4-1/2
feet above the average ground elevation at its base. If the tree, or shrub forks 4 -1/2 feet above the
ground level, it is measured below the swell resulting from the double stem. Stems that fork below
4 -1/2 feet above the ground level should be considered a separate plant.
DIRECTORY SIGN means a sign on which the names and locations of occupants or the
use of a building is given.
DISCHARGE shall mean any intentional or unintentional action or omission resulting in
the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance
upon public or private property located within the corporate limits of the City.
DOCUMENTATION means any photographs, slides, drawings, plans, electronic media,
or additional written description or narrative relating to the specific matter.
DREDGING means excavation by any means that occurs in a water body or which is, or
is proposed to be, connected to a water body via excavated water bodies or a series of excavated
water bodies.
DWELLING means any building or portion thereof designed or used exclusively for
residential living occupancy.
DWELLING TYPES
SINGLE - FAMILY means a residential building designed for, or occupied
exclusively by one family.
DUPLEX means a residential building containing two dwelling units joined
by a minimum 2 -hour rated fire wall each having separate entrances and kitchen
facilities.
MULTI - FAMILY means a residential building on one parcel of land
designed for, or occupied exclusively by three or more families with separate
housekeeping and cooking facilities for each unit.
APARTMENT means a rented or leased room, or a suite of rooms,
occupied, or which is intended or designed to be occupied as the home or residence
Rev. 7/00 ( PoliciesProcedures /L,andDevelopmentCode) II -11
of one individual, family, or household for housekeeping purposes with each unit
separated by a minimum two -hour rated fire wall.
TOWNHOUSE means a one family dwelling in a row of at least three such
units in which each unit has its own front and rear access to the outside, no unit is
located over another unit, and each unit is separated from any other unit by one or
more common fire resistant walls.
GARAGE APARTMENT means a two story attached accessory building
with a ground floor automobile storage and single family living quarters on the
second floor located in a multi - family designated district.
GARDEN APARTMENT means a residential building containing more than
four apartments, not exceed three stories in height with units located side by side and
on top of each other with each unit separated by a minimum 2 -hour rated fire wall.
UNIT means a group of interrelated rooms which are intended or designed
for the use of one family, separated from other spaces by lockable doors, having
access to the outdoors without crossing another dwelling, having living and sleeping
facilities and cooking facilities, fixed or portable, and complete sanitary facilities.
MID -RISE means a residential building containing more than four
apartments, not less than four stories with units located side by side and on top of
each other.
CLUSTER HOUSING means a development involving two or more
detached dwellings to be constructed on a parcel on which all land areas not occupied
by dwelling units shall be designated as common space.
DECISION OR RECOMMENDATION regarding Historic Preservation means when
referring to the Recreation /Cultural Services Board, the executive action taken by the Board on an
application for a designation or a certificate of appropriateness regardless of whether that decision
or recommendation is immediately reduced to writing.
DEMOLITION means any act that destroys in whole or in part, a landmark, landmark site
or building or structure.
DOCUMENTATION means any photographs, slides, drawings, plans or written
information and/or descriptions.
EASEMENT means any strip of land created by a subdivider, or granted by the owner for
public utilities, drainage, sanitation or other specified uses having limitations, the title to which shall
remain in the name of the property owner subject to the right of use designated in the conveyance.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -12
ELEVATED BUILDING means a non - basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns
(posts and piers), shear walls, or breakaway walls.
EMF (electromagnetic field) means a wireless communication.
ENGINEER means a person practicing engineering and licensed in the State of Florida
pursuant to the requirements of Chapter 471, FS.
ENVIRONMENTAL CONSTRAINTS means natural resources or natural characteristics
that are sensitive to improvements and require mitigative actions to be maintained.
EQUIPMENT means the implements used in an operation or activity.
EQUIVALENT RESIDENTIAL UNIT (ERU) means 25 gallons per day per fixture in all
proposed structures as calculated by the Building Official using the most recent American Water
Works Association data divided by 250 gallons per day equals 1 ERU. This formula is used to
calculate expected water generated from a proposed project for capital improvement and impact fee
purposes. Sewer flow shall be calculated at 25 gallons per day per fixture count divided by 225
equals 1 ERU.
ERECT shall mean to build, construct, attach, hang, place, suspend or affix and shall include
the painting of wall signs.
ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved whether
temporary or permanent.
EXCHANGE ACCESS means the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone toll services.
EXISTING CONSTRUCTION means any structure for which the "start of construction"
commenced before June 17, 1974.
FAC means the Florida Administrative Code which is the administrative rules implementing
state statutes.
FAMILY means a group of individuals living under one roof. Those who dwell under the
same roof and compose a family; a social unity comprised of those living together in the same
dwelling.
FENCE means an artificially constructed barrier made or specifically sold as fencing
material erected to enclose a parcel or portion thereof. For the purposes of this article shrubs of at
least four feet high that create a visual buffer shall be considered a fence.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) II -13
FIREWALL means a wall as described in the Southern Building Code which is of sufficient
fire resistence, durability and stability to withstand the effects of an uncontrolled fire exposure,
which may result in collapse of the structural framework on either side. Openings in the wall, if
allowed must be protected.
FIXED BASE OPERATIONS means directly related activities to operate and support an
airport and its users.
FLASHING SIGN means any sign with a lighting device or devices that go on and off
alternately, except time and temperature signs.
FLOOD OR FLOODING means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD AREA means land in the flood plain within a community which is
subject to a one percent (1 %) or greater chance of flooding in any given year. Also defined as the
one hundred (100) year storm flood elevation or Base Flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY means a Federal Emergency Management Agency (FEMA)
report containing flood profiles, flood boundary maps and the water surface elevation of the base
flood.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than 1 foot.
FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood having
one percent (1 %) chance of occurrence in any given year as indicated on the federal insurance rate
map (FIRM) flood hazard boundary map. Flood plain can also be defined or include a ten (10) year,
twenty -five (25) year or one hundred (100) year storm event.
FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in concrete
slab construction or top of wood flooring in wood frame construction, but does not include the floor
of a garage used solely for parking vehicles.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -14
FLOOR AREA means the sum of the gross horizontal area of the several floors of a
building, except that in structures used as a residence, cellar, basement, garage, carport, patio, porch
and attic floor area not devoted to living use shall be excluded. All dimensions shall be measured
between exterior faces of walls or the center line of the wall separating two attached buildings.
FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure divided
by the gross area of the parcel.
FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds.
FRONTAGE see lot frontage.
FS means the most current version of the Florida Statutes.
FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use
categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map may
also be referred to as the "Land Use Map" or "Future Land Use Map Series."
GARAGE means an accessory building incidental to a dwelling unit which is intended for
the off - street storage of motor vehicles belonging to the inhabitants of the dwelling unit on the parcel
on which the garage is located; and is not intended to be used for any commercial business purpose.
GRADE means the slope of a road, street, unimproved land, etc., specified in percent.
GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and
maintains essentially the same contour from the ground to the top of the sign.
GUEST COTTAGE means living quarters within a detached accessory building located on
the same lot or parcel as the main building to be used exclusively for housing members of the family
occupying the main building and/or their nonpaying guests; such quarters shall have no kitchen
facilities and shall not be rented or otherwise used as a separate dwelling.
GUYED TOWER means a communication tower that is supported, in whole or in part, by
guy wires and ground anchors.
HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a
formulation containing such materials and includes any material which due to its chemical
composition poses an unreasonable and eminent risk to the life, health, safety or welfare of persons,
property or environment. Materials deemed hazardous are as specified in the following:
(a) Chapter 38F -41 of the Florida Administrative Code
(b) Title 40 of the Code of Federal Regulations, Part 261
(c) Title 40 of the Code of Federal Regulations, Part 302.4
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) R -15
(d) Title 40 of the Code of Federal Regulations, Part 355
HEALTH/EXERCISE CLUB means an establishment which provides for athletic and
physical force training or health and recreational exercise whether private or public.
HIGHEST ADJACENT GRADE means the highest elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC DISTRICT means a geographically definable area, urban or rural, possessing
a significant concentration, linkage, or continuity of sites, buildings, structures, objects or areas,
which are united by past events. A district also may be comprised of individual resources which are
separated geographically but are linked by association or history.
HOME OCCUPATION means a commercial enterprise within a residence for the purpose
of sending and receiving communication, maintaining records and similar functions; and where no
business is conducted other than by phone, mail or electronically; and employing no person other
than an occupant of the residence. No commercial delivery shall be allowed.
HOSPITAL means an institution where the sick or injured are given medical or surgical
care.
ILLEGAL SIGN means a sign that does not meet the requirements of this Article and that
has not received nonconforming status.
ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial light
source.
IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land covered
by any part of a building, street, parking lot, or any other structure, improvement, facility or material,
except roof overhang which restricts natural percolation by rain water. This includes swimming
pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor storage and/or display
of materials and merchandise. Unpaved parking shall be considered impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area divided
by the gross area of the parcel.
IMPROVEMENT means any building, structure, construction, demolition, excavation,
landscaping, or any part thereof existing, built, erected, placed., made, or done on land or other real
property for its permanent benefit. Property abutting a street, waterway or utility easement shall be
considered improved.
IMPROVEMENT, SUBSTANTIAL means any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50 percent of the fair market value of the structure
either: (a) before improvement is started, or (b) if the structure has been damaged and is being
restored, before the damage occurred. Substantial improvement is started when the first alteration
of the structural part of the building commences.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) I1 -16
INFILL DEVELOPMENT means the addition of new housing or other buildings on
scattered vacant sites or platted lots in a developed area or subdivision.
INFORMATION SERVICES means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making available information via
telecommunications, and includes electronic publishing, but does not include any use of any such
capability for the management, control, or operation of a telecommunications system or the
management of a telecommunications service.
INTEGRAL SIGN means memorial signs or tablets, names of buildings and date of erection
when cut into any noncombustible materials mounted on the face of a building.
JUNKYARD See "Salvage Yard."
KENNEL means any building or buildings, and /or land used, designed or arranged to
facilitate the raising, breeding, boarding or grooming of animals or fowl for commercial purposes.
LAND PLANNING AGENCY means the Planning and Zoning Board as designated
pursuant to the requirements of Chapter 163.3174, FS.
LANDMARK in regards to Historic Preservation means a building or structure meeting one
or more of the criteria required in Article XIV. A "landmark" shall include the location of
significant archeological features or of an historical event.
LANDMARK SITE in regards to Historic Preservation means the land on which a landmark
and related buildings and structures are located and the land that provides the grounds, the premises
or the settings for the landmark.
LATTICE TOWER means a telecommunication tower that is constructed without guy wires
and ground anchors.
LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of
demand for certain public facilities as adopted in the Comprehensive Plan.
LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper,
tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts, building
or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts, vessels,
aircraft, farm machinery or equipment, sludge from a water treatment facility, water treatment plant
or pollution control facility; or substances in any form resulting from domestic, industrial,
commercial, mining, agriculture or governmental operations as defined in Chapter 403.413, FS.
LIVING AREA means space in a structure in which the air is conditioned by heating and/or
air conditioning and the space is habitable and enclosed.
LOADING SPACE means a space within, or adjacent to, the main building on a lot
providing for the standing, loading or unloading of trucks.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -17
LOCAL EXCHANGE CARRIER means any person that is engaged in the provision of
telephone exchange service or exchange access. Such term does not include a person insofar as such
person is engaged in the provision of a commercial mobile service under section 332 (c), except to
the extent that the FCC finds that such service should be included in the definition of such term.
LOCAL REGISTER in regards to Historic Preservation means a means by which to identify
and classify various sites, buildings and objects as historic and/or architecturally significant.
LOCATION means any lot, premises, building, structure, wall or any place whatsoever upon
which a sign, structure or dwelling is located.
LOT means a lot of record, lawfully created by deed or conveyance, or by the subdivision
of land which has been recorded in the Public Records of Volusia County. In any case of division
or combination of lots, no lot or parcel shall be created which does not meet the requirements of this
Code.
LOT AREA means the total horizontal area within the boundaries of a lot of record.
LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the point
of intersection of two or more streets and includes lots on curves.
LOT COVERAGE means that portion of the lot area expressed as a percentage, occupied
by all buildings, paved parking and structures, which are impervious surfaces.
LOT, FLAG means a lot or building site which has minimum required frontage on a public
or private street typically behind another lot also fronting on the same street shaped similar to a flag.
LOT FRONTAGE means any portion of a lot which fronts upon a public or private street.
The primary front line is that frontage on which the address is given.
LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having both
the front and rear property lines adjacent to a public street.
LOT LINE means the boundary of a lot.
LOT LINE, FRONT means the continuous line formed by the lot frontage.
LOT LINE, REAR means any lot line, except a front or side lot line.
LOT LINE, SIDE means a continuous line which runs back from an intersection with the
lot front line, and which forms the boundary line between the lot and the adjacent parcel of land.
LOT LINE, ZERO means a single family dwelling unit sited on a lot contiguous to one side
lot line with no more than a 5 foot separation.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) H -18
LOT OF RECORD means a lot or parcel whether or not a part of a subdivision which exists
as shown or described on a plat or deed in the Official Records of Volusia County as of June 17,
1974.
LOUNGE means a building or portion of a building wherein alcoholic beverages are sold
by the drink and consumed on the premises (includes the word Nightclub).
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement).
An unfinished shed or flood- resistant enclosure which is not within a basement but which is usable
solely for parking of vehicles, building access or storage purpose, is not considered a building's (or
structure's) lowest floor, providing such enclosure is built in compliance with applicable non -
elevation design requirements of this Code.
MANGROVE STAND means an assemblage of mangrove trees which is mostly low trees
noted of a copious development of interlacing adventitious roots above the ground and which contain
one or more of the following species:
Black Mangrove -
(Avicennia nitida)
Red Mangrove -
(Rhizophora mangle)
White Mangrove -
(Laguncularia racemosa)
Buttonwood -
(Conocarpus erecta)
MANSARD means a sloped roof or roof -like facade architecturally comparable to a building
wall.
MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on or
after June 15, 1976, in an off -site manufacturing facility for installation or assembly at the building
site with each section bearing a seal certifying that it is built in compliance with the Federal
Manufactured Home Construction and Safety Standard Act.
MANUFACTURING means a premises, or portion of a premises, occupied by an
establishment primarily engaged in the making of a product, fabrication or processing of materials,
products or personal property.
MARQUEE means a permanent roof -like structure projecting beyond a building wall at an
entrance to a building or extending along and projecting beyond the building's wall that is designed
and constructed to provide protection against the weather.
MARQUEE SIGN means any sign on a marquee.
MEAN HIGH WATER means the average height of waters over a 19 year period. For
shorter periods of observation, "mean high water" means the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the equivalent of
a mean 19 year value.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 111 -19
MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is
used as a reference to establish flood plain elevations.
MECHANICAL REPAIR See "Vehicle Repair."
MICROWAVE means a dish antenna, or a dish -like antenna used to link communication
sites together by wireless transmission of voice or data.
MINI - WAREHOUSE means a structure, or structures in a controlled access and fenced
compound that contains varying sizes of individual compartmentalized and controlled access stalls
or lockers without water, sewer or electric connections for the dead storage of customers' goods or
wares.
MINOR SUBDIVISION means any division or re- division of a parcel of land in single
ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the
following requirements are met:
(a) All resultant lots or parcels front by at lest twenty feet (20') on an existing public or
private street and;
(b) The division or re- division does not involve the construction of any new street., road
or change in an existing street or road and;
(c) The division or re- division does not require the extension of municipal water or
sewer or the creation of any public improvement.
MIXED USED DEVELOPMENT means more than one (1) type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
antennas, panel antennas, microwave dishes, and receive -only satellite dishes and related equipment
for wireless transmission with low wattage transmitters not to exceed 500 watts, from a sender to
one or more receivers, such as for mobile cellular telephones and mobile radio system facilities.
MOBILE HOME means a structure, transportable in one (1) or more sections which is eight
(8) body feet or more in width, and which is built on an integral chassis and designed to be used as
a dwelling when connected to the required utilities and includes the plumbing, heating, air -
conditioning, and electrical systems contained therein. For the purpose of this section, a travel trailer
is not classified as a mobile home.
MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where
lots are rented or leased to accommodate more than one (1) mobile home.
MODEL HOME CENTER means an area comprised of one (1) or more lots containing two
(2) or more model dwellings upon which active sales or demonstration activities are conducted
regardless of the ownership status of the model dwellings or lots.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -20
MODULAR HOME see "Manufactured Home."
MONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires and ground anchors.
MOTEL means a building, or group of buildings, which contains sleeping accommodations
for transient occupancy and may have individual entrances from outside the building to serve each
such sleeping unit. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory
uses. For the purposes of this Code, motel and hotel shall have the same meaning.
MOVABLE SIGN means any mobile or moveable sign or sign structure, not securely
attached to the ground or to any other structure, but does not include trailer signs as defined below.
MOVING SIGN means a sign all or part of which is in motion, including fluttering, rotating,
revolving or any other motion.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control used
as a reference for establishing varying elevations within the flood plain.
NEW CONSTRUCTION means any structure for which the "start of construction"
commenced after adoption of this article and includes any subsequent improvements to such
structure.
NIGHTCLUB See "Lounge."
NONCONFORMING BUILDING OR STRUCTURE means a structure or building
existing as of June 17, 1974 which does not conform to the property development regulations of area,
height, lot coverage, yard setbacks, lot location or other like requirements of the district in which it
is located.
NONCONFORMING LOT means an existing single lot, tract or parcel of land at the
effective date of this code which does not conform to the property development regulations of area,
lot width, depth or both or other like requirements of the district in which it is located.
NONCONFORMING USE means any use of land, building or structure which does not
conform to all of the provisions, requirements and regulations of this Code at the time of adoption.
NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of this
Chapter, but which does not conform to all of the requirements of this Code.
NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel
of land, whether or not within a structure, that is not a residential activity as defined herein.
NUMBER PORTABILITY means the ability of users of telecommunications services to
retain, at the same location, existing telecommunications numbers without impairment of quality,
reliability, or convenience when switching from one telecommunications carrier to another.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) H -21
NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, order, noise
or practice; a cause or source of annoyance, especially a continuing or repeated invasion or
disturbance of another's right, including the actual or potential emanation of any physical
characteristics of activity or use across a property line, which emanation can be perceived by or
affects a human being.
NURSING HOME means a licensed and regulated facility for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the immediate family are received, kept
or provided with food and shelter or care for compensation; but not including hospitals, clinics, or
similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OCCUPATIONAL LICENSE means a permit to engage in an activity that requires
regulation.
OFFICIAL MAP means the map established by the City Council as amended from time to
time showing the streets, highways and parks thereafter laid out, adopted and established by the law
and any additions resulting from the approval of subdivision plans.
OPEN SPACE means an exterior open area clear from the ground upward and devoid of
structures and impervious areas.
OUTSTANDING FLORIDA WATERS (OFW) means special designation by the FDEP,
for waters worthy of special protection because of their natural attributes, pursuant to the criteria set
forth in Section 17 -3.041 of the Florida Administrative Code. The eastern border of the City of
Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon, an aquatic
preserve, is considered an OFW.
OWNER means any person, partnership, corporation or corporations, or other legal entity
having legal title to the land sought to be subdivided or developed under this Code.
PANEL ANTENNA means an array of antennas designed to concentrate a radio signal in
a particular area.
PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of
cloth, flexible plastic or other flexible material intended to attract attention because of their bright
colors and/or flapping caused by action of the wind and shall include a single pennant, ribbon or
streamer or a series of such pennants, ribbons or streamers.
100 PERCENT CLEAR ZONE means the requirement that in the event of a tower failure,
the entire height of the tower would fall completely within the boundaries of the subject parcel.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -22
PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be
used for more than 180 days, but does not include land preparation, such as clearing, grading and
filling.
PERMANENT STRUCTURE means a building designed, and constructed from the ground
up, meeting all building code and fire protection standards and intended to be used for more than 180
days, but does not include land preparation, such as clearing, grading, and filling.
PERSON means any natural individual, firm, partnership, association, joint stock company,
joint adventure, public or private corporation or a receiver, executor, trustee, conservator or other
representative appointed by any court order or in another manner.
PERSONAL SERVICES means a use primarily engaged to provide services involving the
care of a person's appearance or apparel.
PLACE OF WORSHIP means a premise, or portion of a premise, occupied by a religious
organization operated primarily for worship and related activities. The term church does not include
day care facilities or educational facilities.
PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control,
designed and planned to be developed for residential, commercial or industrial uses in a single
operation pursuant to an approved Final Development Plan.
PLAT means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this Code and any other local or state legislation including
Chapter 177, FS and may include the terms "replat ", "amended plat," or "revised plat." .
POLE SIGN means a sign attached to, and elevated above, the ground by means of a pole
or poles.
POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person, political
party or matter subject to a public election.
PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is capable
of being moved as an entire unit.
POTABLE WATER means water that is satisfactory for drinking, culinary and domestic
purposes meeting current State and Federal drinking water standards.
POTABLE WATER SUPPLY WELL means a minimum 6 -inch diameter water supply
well permitted for consumptive use by the SJRWMD.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 1I -23
PREMISES means a parcel of land with its appurtenances and buildings which because of
its unity of use may be regarded as the smallest conveyable unit of real estate.
PRIMARY CONTAINMENT means the first level of product -tight containment, i.e., the
inside portion of that container which comes into immediate contact on its inner surface with the
hazardous substance being contained.
PRINCIPAL USE means the primary purpose for which the land or building is used as
permitted by the applicable zoning district.
PROJECTING SIGN means any sign other than a wall sign affixed to any building or wall
whose leading edge extends beyond such building or wall.
PUBLIC BODY means any governmental agency of the City, Volusia County, the State of
Florida or the United States.
REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
RECHARGE AREA means a recharge area designated by the SJRWMD for the surficial
aquifer in the City of Edgewater.
RECREATIONAL VEHICLE means a vehicle designed as temporary living quarters for
recreational camping or travel use, which either has its own motor power or is mounted on, or drawn
by, another vehicle. The term recreational vehicle excludes park trailers, automotive vans and
mobile homes, but includes travel trailers, camping trailers, truck campers and motor homes as
defined by Chapter 320.01, FS.
REPEAT VIOLATION means a violation of a provision of a code or ordinance by a person
who has been previously found by the Code Enforcement Board to have violated the same provision
within five years prior to the violation.
RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for
residential purposes, including those customary and accessory residential activities.
RESTAURANT means where meals are prepared, and food, including beverages and
confections, are served to customers, with the food and nonalcoholic beverage sales amounting to
at least fifty -one percent (51 %) of the total food sales. Restaurants are hereby classified as follows:.
Type A. Restaurants with dining tables and counter stools having all service
indoors and providing no service to persons inside vehicles or at
walk -up windows.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -24
Type B. Restaurants which have indoor service and may serve food for
consumption on or off the premises and which specialize in short
order foods and beverages, including "drive- through" service.
RE- SUBDIVIDE means the making of a new subdivision and/or replatting of previously
subdivided and/or platted parcels.
RIGHT -OF -WAY means land dedicated, deeded, used or to be used for a street, alley,
walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by the
public, certain designated individuals, or governing bodies.
ROADWAY /STREETS means public or private roads falling into one of several categories,
more particularly defined as follows:
Expressway means a limited access facility of four (4) or more lanes designed
primarily for the high -speed movement of traffic.
Arterial means a facility of two (2) or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions, inter - county
and inter -city vehicular movement. The main function is to move large volumes of
vehicles (greater than 6,000 Average Daily Trips (ADT's)).
Collector means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and industrial
areas and all other roads.
Cul -de -sac means a minor street with only one (1) outlet terminating at one (1) end
with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to, and adjacent to arterial streets
and highways and which provide access to abutting properties and protection from
through traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one (1) property owner which
is dedicated to the public use and accepted for ownership and maintenance by the
City Council or other regulatory public body, includes any street right -of -way
dedicated to the public prior to, or at the time of, adoption of this Code.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11 -2$
ROOF LINE means the top edge of the roof or the top of a parapet, whichever forms the top
line of the building silhouette.
ROOF SIGN means any sign erected or constructed wholly upon and over the roof of any
building and supported solely on the roof structure.
SCREEN ENCLOSURE means an addition to an existing structure that is attached to the
principal structure and is enclosed with screen and has a roof and three (3) sides.
SECONDARY CONTAINMENT means the level of product containment separate from
the primary containment.
SELF - SUPPORT TOWER means a communication tower that is constructed without guy
wires and ground anchors.
SEMI - TRAILER See "Vehicle - Commercial."
SERVICE STATION means an establishment that is used primarily for the retail sale and
direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication, washing, repairs
and installation of automobile parts and accessories.
SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel to
a lot line, creating an area between the lot line and the setback line in which all structures (unless
otherwise permitted) may not be erected.
SIGN means any device, structure, fixture, or placard using graphics, identifiable corporate,
or business symbols, and/or written copy for the primary purpose of identifying, providing directions,
or advertising any establishment, product, goods or service.
SILVICULTURE means the cultivation and harvesting of forest products for sale and which
has an agricultural exemption from the State.
SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer unlying
most of Volusia County as designated pursuant to the requirements of Chapter 17 -520, F.A.C.
SITE IMPROVEMENT means any man -made alteration to a parcel of land for the purpose
of preparing the land for future construction, the actual construction /reacting of structure or paving
of a surface and/or the planting or installation of permanent landscaping.
SITE PLAN means an illustration of the details of development of areas such as commercial,
industrial, recreational, multi- family, residential and other uses not being platted.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -26
SJRWMD means the St. Johns River Water Management District, a state agency designated
by Chapter 373, FS with broad authority to manage the waters of the State.
SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public or private property.
SPECIAL EVENT means an occurrence having a duration of no longer than one 10 -day
period every six months. Examples of special events include fairs, any public, charitable,
educational, religious event or function or sporting event.
SPECIMEN TREE means any tree that is unique by reason of age, size, rarity, or status as
a landmark as determined by an arborist or botanist and includes the following species of trees with
the minimum specified diameter in inches at breast height_
Common Name
Botanical Name
Diameter
Turkey Oak
Quercus laevis
12 plus
Other Oak Species
Quercus app.
12 plus
Maple
Acer app.
12 plus
Cypress
Taxodium distichum
12 plus
Sweet Gum
Liquidambar styraciflua
12 plus
Hickory
Carya spp.
12 plus
Elm
Ulmus spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Sweet Bay
Magnolia virginiana
12 plus
Red Bay
Persea borbonia
12 plus
Swamp Bay
Persea palustria
12 plus
Sycamore
Platanus occidentalis
12 plus
Magnolia
Magnolia grandiflora
12 plus
SPILL means the release or escape of a hazardous substance, directly or indirectly to soils,
surface waters, or groundwater.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -27
START OF CONSTRUCTION (except for construction, or substantial improvement under
the Coastal Barrier Resources Act, PL97 -348) means the date the building permit was issued and
includes the first placement of permanent construction of a structure (including a manufactured or
modular building) on a site or plot, such as the pouring of slabs or footings, installation of piles,
construction of columns or any work beyond the stage of excavation. Permanent construction does
not include clearing, grading and filling.
STEALTH FACILITY means any telecommunications facility which is designed to blend
into the surrounding environment. Examples of stealth facilities include architecturally screened
roof -mount antennas, antennas integrated into architectural elements, and telecommunications towers
designed to look like light poles, power poles or trees.
STORAGE BUILDING means any structure used to shelter and/or protect equipment,
supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site.
STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or
vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and
which is screened from view by the general public and neighboring properties.
STORAGE SYSTEM means any one or combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be used,
for the storage of hazardous substances at a facility.
STORY means that part of a building between the surface of a floor and the surface of the
floor next above it, or if there is no floor above it then the space between the floor and the ceiling
above it. For the purposes of this Code the minimum elevation change between a story shall be 8
feet. Any less dimension shall be considered a half - story.
STRUCTURAL ALTERATIONS means any change, except for repair or replacement, in
the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists
or roof joists or any substantial change in the roof or in the exterior walls of a building.
STRUCTURE means anything constructed, installed, or portable, which requires a location
on a parcel of land. It includes a moveable structure while it is located on land which can be used
for housing, business, commercial or industrial purposes whether temporary or permanent. Structure
shall include, but not be limited to walls, billboards, swimming pools and decks, communication
towers, on -site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and similar
structures. Structure shall not include, pipes, pump stations and any other construction below ground
level.
SUBDIVIDER means any person, firm, partnership, association, corporation, estate or trust
or any other group or combination acting as a unit, dividing or proposing to divide land so as to
constitute a subdivision as herein described.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -28
SUBDIVISION means the platting of real property into three (3) or more lots, parcels, tracts,
tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and
alleys, additions, and resubdivisions and when appropriate to the context, relates to the process of
subdividing or to the land or area subdivided. (See Chapter 177.031(18), FS.)
SUBDIVISION, PLAT, PRELIMINARY means a drawing to scale and other supporting
data, of a proposed subdivision prepared for the purposes of establishing the overall general layout
and design for the provision of streets, lots, blocks and the location, plans and specifications for
streets, utilities and other improvements.
SUBDIVISION SIGN means a sign designed as a permanent structure containing only the
name of a subdivision, and not used for promotional purposes.
SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which shows
a conceptual layout of the proposed subdivision.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby
the cost of restoring the structure would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any improvement to a structure built prior to
adoption of this Code, and any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure, either (a) before the
improvement or repair is started, or (b) if the structure has been damaged and is being restored before
the damage occurred. Substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however, include either any
project for improvement of a structure to comply with existing state or local health, sanitary, or
safety code specification which are solely necessary to assure safe living conditions or any alteration
of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SURVEYOR means a land surveyor duly registered in the State of Florida.
SWALE means a man -made trench or channel approximately 1 -foot deep or less and having
side slopes equal to a greater than 4 -foot horizontal to 1 -foot vertical.
SWIMMING POOL means any pool which is constructed, used, or maintained to provide
recreational facilities for swimming, bathing, or wading and which is capable of containing water
to a depth greater than 18 inches, and all buildings, structures, equipment and appurtenances thereto.
SWIMMING POOL, COMMERCIAL means a swimming pool and attendant equipment
operated for profit or nonprofit open to the public and/or serving more than one family.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -29
TELECOMMUNICATIONS means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form or content.
TELECOMMUNICATION CARRIER means any provider of telecommunications
services, except that such term does not include aggregators of telecommunications services. A
telecommunications carrier shall be treated as a common carrier under this Act only to the extent that
it is engaged in providing telecommunications services, except that the FCC shall determine whether
the provision of fixed and mobile satellite services shall be treated as common carriage.
TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer
premises equipment, used by a carrier to provide telecommunications services, and includes software
integral to such equipment(including upgrades).
TELECOMMUNICATION SERVICES means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used.
TEMPORARY SIGN means any sign or advertising display intended for use for a period
of time not to exceed twenty -four (24) days and designed and constructed in accordance with this
intention.
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or lighting
device that appears to move or travel in automatic sequence on the display surface of the sign.
TREE means any living, self - supporting perennial plant which has a trunk diameter of at
least six inches (6 ") at D.B.H.
TREE SURVEY means a drawing prepared by a licensed Surveyor in a readable scale for
the site's size that provides the location, and common name for each tree greater than twelve inches
(12 ") DBH. The survey shall include a numbered list of the identified trees.
TRIP means a single or one -way vehicle movement.
TRIP END means the origin or destination of a trip.
TRIP GENERATION means the total number of trip ends produced by a specific land use
or activity.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) II -30
UNLICENCED WIRELESS SERVICES means as the offering of telecommunications
services using duly authorized devices which do not require individual licenses; direct -to -home
satellite services are excluded from this definition.
USE means the purpose for which land or a structure thereon is designed, arranged or
intended to be occupied or utilized, or for which it is occupied or maintained.
Use, Permitted - means a use which is permitted in a particular zoning district
providing it conforms with all requirements, regulations and
standards of such district.
Use, Principal - means the primary use of the building, structure and /or lot as
distinguished from accessory uses.
UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer
systems, stormwater management systems, gas systems, telephone and television cable systems, and
street lighting.
UTILITY SERVICE FACILITIES means elements of utility distribution, collection or
transmission networks required by their nature to be relatively dispersed throughout the service area.
Typical facilities include, but are not limited to, electrical substations, and telephone exchange
structures.
VARIANCE means a modification of the strict application of site development requirements
related to yard setbacks, building height, parking requirements, landscaping and/or signage.
VEHICLE means any self - propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise or any substance.
VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days or
more. Indication of an abandoned vehicle may include: no maintenance, no cover or screening, grass
and weeds growing under and around vehicle and flat tires.
VEHICLE, COMMERCIAL means any vehicle, beach concession wagon, semi - trailer cab,
or trailer with a rated capacity of more than one ton; is intended or used for the transportation of
people or goods as part of a business; is either commercially or privately registered. Commercial
vehicle does not include rental vehicles designed for temporary personal use.
VEHICLE, INOPERABLE means any vehicle which is not currently licensed by the State
of Florida and/or cannot be immediately legally driven away on a public street.
VEHICLE, MARINE means any vehicle designed for and used on any water body.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -31
VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
(a) Vehicle tuneup shops.
(b) Installation, repair or services of vehicle glass, sun roofs, convertible tops, interiors,
tinting, audio equipment, alarms and similar items.
(c) Installation, repair or servicing of vehicle brakes, shock absorbers, radiators or air
conditioning devices.
(d) Installation, repair or servicing of vehicle electrical or ignition systems.
(e) Washing, waxing, accenting and similar activities commonly known as detailing.
VESTED RIGHTS, COMMON LAW means a right not created by statute or the provisions
of the City of Edgewater Comprehensive Plan which would authorize the development of real
property or the continued development of real property notwithstanding the provisions of the City
of Edgewater Comprehensive Plan. The assignment of a particular zoning classification, or a
particular land use designation to a parcel of real property does not guarantee or vest any specific
development rights to any person or entity as to said real property.
VESTED RIGHTS, STATUTORY means a statutory right to develop, or to continue the
development of real property pursuant to the provisions of Section 163.3187(8), FS, or its successor
provisions. Such vesting may be found to exist if a valid and unexpired final development order was
issued by the City prior to the effective date of the City's Comprehensive Plan, if the development
has commenced construction and the development is in the process of being completed or further
development is continuing in good faith as of and subsequent to the effective date of the City's
Comprehensive Plan. Statutory vesting does not occur unless all material requirements, conditions,
limitations and regulations of the development order have been met and are being complied with the
exception that provisions of development orders requiring the general applicability of future Land
Development Code provisions shall not apply to development which have commenced construction
prior to the effective date of the City's Comprehensive Plan.
VIOLATION means non - conformance with a code or ordinance, intentionally or
unintentionally.
VIOLATION, REPEAT means a violation of a provision of a code or ordinance by a person
whom the Code Enforcement Board has previously found to have violated the same provision within
a five -year period.
WALL SIGN means any sign painted on, or attached essentially parallel to, the outside wall
of any building and supported by such wall with no copy on the sides or edges.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -32
WAREHOUSE means a structure that stores goods and/or merchandise for use off -site.
WATERS means and shall include but not be limited to rivers, lakes, streams, springs,
impoundments and all other waters or bodies of water whether surface or subsurface and whether
navigable or non - navigable. The term shall encompass all bottom lands lying below the mean high
water mark, whether said bottom lands are submerged or not.
WATERCRAFT means any vehicle designed for use in water.
WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream, river
and canal; but not a lake, pond or pool without a water outlet.
WELL means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is for the location, acquisition,
development, or artificial recharge of groundwater.
WELLFIELD means an area of land that contains one or more potable water supply wells.
WELLHEAD PROTECTION AREA means an area designated by the City, upon the
advice of the SJRWMD, to provide land use protection for the groundwater source for a potable
water wellfield, including the surface and subsurface area surrounding the wellfield. (From Chapter
9J- 5.003(148), FAC.)
WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately
surrounding any potable water supply well and extending a radial distance of two hundred feet (200')
from said well(s).
WELLFIELD PROTECTION ZONE - SECONDARY means the land area surrounding
the primary wellfield protection zone extending and defined by a radial distance of one thousand feet
(1,000') from the well(s).
WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city
authorizing the activities.
WETLANDS means those areas that are inundated or saturated by surface water or ground
water at a frequency and a duration sufficient to support, and under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands
generally are classified as hydric or alluvial, or possess characteristics that are associated with
reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described
above. These species, due to morphological, physiological, or reproductive adaptations, have the
ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida
wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 111-33
wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps
and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods
with an under story dominated by saw palmetto. The delineation of actual wetland boundaries may
be made by any professionally accepted methodology consistent with the type of wetlands being
delineated but shall be consistent with any unified statewide methodology for the delineation of the
extent of wetlands ratified by the Legislature. (Chapter 9J -5.003 (149), FAC.)
WETLAND BOUNDARY means the location on the ground where:
(a) The vegetation type shifts from dominantly wetland types to dominantly upland
species; or
(b) The soils type shifts from dominantly wetland types to dominantly upland types; or
(c) Flooding, inundation, or saturated soil indicators are no longer present.
WETLAND BUFFER means the twenty -five feet (25') upland areas adjacent to wetlands
that protect the wetlands and consists of the existing canopy, under story, and groundcover.
WETLAND MITIGATION means any action to restore and/or create wetlands in
compensation for permitted development activities.
WHIP ANTENNA means a cylindrical Antenna that transmits signals in three hundred and
sixty (360) degrees.
WINDOW SIGN means any sign on a window facing the outside and which is intended to
be seen from the exterior.
WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or
other equipment designed for the towing or servicing of wrecked, disabled or inoperable
automobiles, trucks, motor vehicles or industrial equipment.
XERISCAPE means a method of landscaping using native vegetation and other drought
resistant plants designed for low maintenance and to conserve water.
YARD means a required open space clear from the ground surface upward, unoccupied and
unobstructed by any structure except for fences, walls, trees, and other living landscape material as
provided herein.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) II -34
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21 -30 - GENERAL PROVISIONS
21- 30.01- Purpose ..................... ............................... III -1
21 -30.02 - District Boundaries ............ ............................... 11I -1
21 -30.03 - Application of Districts ........ ............................... III -2
21 -30.04 - Official Zoning Map ........... ............................... III -2
21 -30.05 - Comprehensive Plan Consistency ............................... III -3
SECTION 21 -31 - COMPREHENSIVE PLAN RELATIONSHIP
21 -31.01 -Land Use /Zoning Compatibility Table ............................ III -4
SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS
21 -32.01 - Zoning District Descriptions .... ............................... III -4
SECTION 21 -33 - USES AND RESTRICTIONS
21-
33.01-
Purpose ......................... ...........................
III -6
21
-33.02 -
Permissible Uses ............. ...............................
III -6
21
-33.03 -
Conditional Uses ............. ...............................
III -6
21
-33.04
- Accessory Uses ............... ...............................
III -6
21
-33.05
- Permitted/Conditional /Accessory Uses ...........................
III -7
SECTION 21 -34 - SPECIAL USE REQUIREMENTS
21
-34.01
- Home Occupations ........... ...............................
III-11
21
-34.02
- Community Residential Homes . ...............................
III -12
21
-34.03
- Institutional Residential Homes . ...............................
III -13
21
-34.04
- Inoperable, Abandoned, and/or Wrecked Vehicles .................
III -14
21
-34.05
- Vehicles - Restoration & Permits ...............................
III -14
21-
34.06-
Watercraft, Trailers, Recreational Vehicles (RV's) & Campers ........
III -14
21
-34.07
- Salvage Yards ............... ...............................
III -15
21 -34.08
- Refuse and Dumpsters ........ ...............................
III -15
21-
34.09-
Kennels ......................... ..........................
III -15
21
-34.10
- Solid Waste Receptacles, Residential ...........................
III -16
21-
34.11-
Mini - warehouses ............. ...............................
III -17
21
-34.12
- Bed & Breakfast ............. ...............................
III -17
21
-34.13
- Nursing Homes .............. ...............................
III -18
21
-34.14
- Residential Professional Offices ...............................
III -18
Article III
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -35 - PROHIBITED USES
21 -35.01 - Excessive Vegetation Growth .. ............................... III -18
21 -35.02 - Outdoor Storage, Residential ... ............................... III -19
21 -35.03 - Vehicle Sales on Vacant Lots ... ............................... III -19
21 -35.04 - Tents/Temporary Carports ..... ............................... III -19
21 -35.05 - Commercial Vehicles in Residential Areas ....................... III -20
21 -35.06 - Neglected Premises .......... ............................... 111-20
21 -35.07 - Parking on Drainage or Maintenance Easements ................... III -20
SECTION 21 -36 - ACCESSORY USE REQUIREMENTS
21-
36. 01-
Purpose ......................... ..........................
III -21
21
-36.02
- General Regulations .......... ...............................
III -21
21
-36.03
- Outdoor Storage and Display: Commercial, Industrial ..............
III -21
21 -36.04 - Satellite Dishes and Antennas .. ...............................
III -22
21
-36.05
- Places of Worship - Schools /Child Care .........................
III -23
SECTION 21 -37 - SPECIAL ACTIVITY PERMIT REQUIREMENTS
21
-37.01
- Special Activity Permit - Temporary Use .........................
III -24
21
-37.02
- Permit Process .............. ...............................
III -24
21
-37.03
- Permit Criteria .............. ...............................
III -24
21-
37.04-
Appeals ......................... ..........................
III -25
SECTION 21 -38 - FENCES, WALLS AND HEDGES
21- 38.01- Purpose ......................... .......................... III -25
21 -38.02 - General Requirements ........ ............................... III -25
Article III
-ii-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE III
PERMITTED USES, CONDITIONAL USES,
ACCESSORY USES AND PROHIBITED USES
SECTION 21 -30 - GENERAL PROVISIONS
21- 30.01 - Purpose
In addition to the intent and purposes listed in Section 21 -30, the various zoning districts established
herein are intended to:
a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel;
and
b. Provide for equal protection of property rights of each parcel of land without regard for its
classification; and
C. Streamline the land development decision process to the maximum extent possible; and
d. Provide reasonable opportunities for the provision of telecommunication facilities; and
Control the placement of signage to preserve property values; and
Prevent cut - through traffic in residential neighborhoods to the maximum extent possible.
21 -30.02 - District Boundaries
Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida,
as revised at the effective date of this code, and made a part of the article by reference. When
uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following
rules shall apply:
a. Boundaries are depicted to follow the center line of streets, highways, alleys, or other public
right -of -ways and shall be construed to follow such lines;
b. Boundaries are depicted to follow platted lot lines, section lines or tract lines and shall be
construed as following such lot lines;
Boundaries are depicted to follow political boundaries and shall be construed as following
such political boundaries;
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IH -1
d. Boundaries are depicted to follow railroad right -of -ways shall be construed to be the center
line of the railroad right -of -way;
e. Boundaries are depicted to follow shorelines shall be construed to follow such shorelines
even if the shorelines change;
Boundaries are depicted to follow the center lines of canals shall be construed to follow such
center lines;
g. Boundaries shown to be parallel to the center line of streets, or the center line or right -of -way
line of highways, such district boundaries shall be construed as being parallel thereto and
such distance therefrom as indicated on the zoning maps. If no distance is given, such
dimension shall be determined by measuring from the Official Zoning Map;
h. Where a public road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right -of -way;
i. Where physical or cultural features existing on the ground are different from those shown on
the Official Zoning Map, or in case any other uncertainty exists, the Planning Director shall
interpret the intent of the Official Zoning Map as to the location of district boundaries.
21 -30.03 - Application of Districts
Except as provided in Section 21 -71 - Non - Conforming Uses, the enlargement, alteration,
conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in
accordance with the regulations of the district in which said structure or building is located as well
as all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21 -30.04 - Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official
Zoning Map as amended by the City Council. The Official Zoning Map shall be identified
by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City
under the following words: "This is to certify that this is the Official Zoning Map referred
to in Chapter 21, of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article
IX. Any unauthorized change of any kind by any person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described
in Article X.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -2
Regardless of the existence of copies of the Official Zoning Map which may from time to
time be made or published, the Official Zoning Map shall be maintained in the official
records of the City.
d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature of number of changes and additions, the City Council shall
adopt a new Official Zoning Map.
21 -30.05 - Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan policies
listed below:
FLUM -4.2; 5.1 -5.9; 5.11 -5.16
HGS - 1.2, 1.3, 1.4; 2.1, 2.3; 3.2; 6.1; 7.2
CZM - 4C6; 6D2; 7.3
CON - 1. 1, 1.5; 2.9; 3.1
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -3
SECTION 21 -31 - COMPREHENSIVE PLAN RELATIONSHIP
Table III-1 shows which zoning categories are consistent with and implement the land use categories
in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). Changes to this Table
require a text plan amendment to the FLUM (Section 21 -96) and completion of the LDC amendment
process (Section 21 -94).
TABLE III -1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation
Comp atible Zoning Districts
Low Density Residential
1.0 to 5.0 DU/gr. ac
RR, R -1, R -2, R -3, RPUD, RP
Medium Density Residential
5.1 to 8.0 DU/gr. ac
R -4, RPUD, MH -I, MH -2
High Density Residential
8.1 to 12.0 DU/gr. ac
R -5, RPUD, B -4
Commercial
B -2, B -3, B -4, BPUD, RP
Industrial
I -1, I -2, IPUD
Recreation
CN, RR, AG, R -1, R -2, R -3, RPUD
Public/Semi- Public
CN, AG
Conservation
CN
Agriculture
AG, RR
Future Land Use Element of the Comprehensive Plan, 1991
SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS
21 -32.01 - Zoning District Descriptions
Table III -2 summarizes the principal purpose for each zoning category. The minimum parcel sizes
are provided where applicable.
(See Page III -5)
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -4
TABLE III -2
VnNING DNTRICT DESCRIPTIONS
Zoning District Title
Category
Purpose & General Description
Conservation
CN
Protection of wetlands, aquifer recharge &
environmentally sensitive areas
Rural Residential
RR
Provide for limited agriculture and provide for a
transition between rural and residential land uses -
min. 1 acre lot
SF Residential
R -1
Single family residential - (1.0 to 5.0 units /acre)
min. 12,000 s . ft. lot
SF Residential
R -2
Single family residential (1.0 to 5.0 units /acre) min.
10,000 s . ft. lot
SF Residential
R -3
Single family residential (1.0 to 5.0 units /acre) min.
8,625 s . ft. lot
MF Residential
R -4
Medium density residential (5.1 to 8.0 units /acre) -
sin le family, duplex, apartments, townhouses
MF Residential
R -5
High density residential (8.1 to 12.0 units /acre) -
sin le famil , duplex, apartments, townhouses
Residential Planned Unit
RPUD
Intended for mixed residential, personal service
Development
and limited retail commercial with a single
development plan - no min. size parcel - See
Article V, Section 21 -57 for details
Residential Professional Office
RP
Intended for office professional along SR #442, Park
Avenue and U.S. #1, rezoning must be accompanied
by a site plan
Mobile Home Park
MH- I
Medium density residential (5.1 to 8.0 units /acre).
Provide for mobile home parks - min. 5 acre parcel
(See sec.21 -71for non - conformin arks)
Manufactured Home
MH -2
Medium density residential (5.1 to 8.0 units /acre).
Subdivision
Provide for manufactured home subdivisions - min.
50 acre p arcel
Neighborhood Business
B -2
Intended for retail goods and services for frequent
resident needs -min. 10,000 s . ft.
Highway Business
B -3
Intended for high volume highway related
commercial uses - no min. parcel size
Tourist Commercial
B -4
Intended for short term waterfront accommodations
for visitors and accessory uses, may include
residential mixed use as part of PUD - min. 2 acres
Business Planned Unit
BPUD
Intended for mixed commercial and limited
Development
multifamily residential with a single development
plan - no min. size parcel - Details in Article V,
Section 21 -57
Light Industrial
I -1
Intended for storage, light manufacturing,
wholesaling and distribution uses - no min. parcel
size
Heavy Industrial
I -2
Intended for heavy manufacturing uses - no min.
p arcel size
Industrial Planned Unit
IPUD
Intended for mixed industrial and limited
Development
commercial with a single development plan - no
min. parcel size - Details in Article V, Section 21-
57
Agriculture
AG
Provide for general agriculture uses - min. 2.5 acre
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 11I -5
SECTION 21 -33 - USES AND RESTRICTIONS
21 -33.01 - Purpose
This portion of Article III depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in Table III -3 refer to any applicable special criteria for that
use in the particular zoning district and are described in Section 21 -34 of this Article.
If a designation is not present in a given square in the matrix, that use is NOT permitted in that
zoning district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or
accessory use status of a given land use can only be changed by completing the LDC amendment
process described in Article IX.
21 -33.02 - Permissible Uses
The use depicted as "P" in the matrix (Table III -3) means that it is permissible in that zoning district
as a matter of right, subject to satisfactory compliance with the project design standards found in
Article V and any applicable site plan review requirements in Article IX.
The list of permissible uses can not be all inclusive. These uses described in Table III -3 shall be
interpreted by the Planning Director to include other uses that have similar impacts to those listed.
Any dispute or request regarding interpretations shall be resolved by the City Manager subject to
appeal to the City Council.
21 -33.03 - Conditional Uses
The use depicted as "C" in the matrix (Table III -3) means that it is permitted in that zoning district
only after satisfactory completion of the conditional use process described in Article IX or the
satisfactory completion of a Planned Urban Development. Satisfactory compliance with the
applicable project design standards described in Article V and the concurrency requirements
described in Article XI must also be achieved prior to commencement of a project.
21 -33.04 - Accessory Uses
The use depicted a "A" in the matrix (Table III -3) means a use that is incidental, related appropriate
and clearly subordinate to the existing principal permitted use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -6
W
d
O
W
U
U
d
A
M
I
0
M
M
�
N
O
U
H O
H
z
0
5
A
F
F
W
a
0
0
�
00001m10o011�0011l1101
8
90��9�19��019�9m911�11109
E
9099109990�99�H91�190
��oa����m�mmm�m��0mo�oom
1111111111111�111�11111119
IIIIIIIIIIIIIn19191110
�
o
mmamm�0a
0
0
d
0
U
W
w
i
od
0
w
U
U
M
�n
0
M
M
N
O
U
W
Iz
0-4
0-4 -.e�
F
O
F-'
z
0
U
A
F
H
a
w
a
�n��m��00a�■��■avmm��
E
III■1111991a11���11■
��a■00m�o�o■oo■o■mm
=m
X11
■1
@
■1
■11
1
�909�99N010
990
■9019■
X191
■1111111■
1
■1■
11
■1
�lEI■1111110■
N
oEl
■1101110
■10
■1
■1111
@191
■1111111
■11
■1
■IIN
��o�■��mn■�n�■�n�
0
M
M
N
U
b
0
U
W
C/]
J
a
0
W
U
U
M
i A
�z
W
� U
d a
F
C
0*
z
0
a
W
F
F
a
w
a
U
a
F
Q
u
C
s
U
N
0
0
0
19
00
a\
Q
Q
a
0
a�
a�
Q
q
con
a
W
U
0
I
0
E
1911111110m9160111911109E
�
1
e
X111111119911009119
109e
�IIIIIY911111N111�911111
119
9110191111101119
�
11111
eamomonnoomennn
91�19111911116911101N111
91
�
1911191111191119111111
01�19111911110901m9011111
U
a
F
Q
u
C
s
U
N
0
0
0
19
00
a\
Q
Q
a
0
a�
a�
Q
q
con
a
W
U
0
I
0
TABLE III -3 FOOTNOTES
The Sections cited below identify special requirements for the listed land uses and are found on the
following pages. In addition, many of the proposed projects must also comply with the requirements
of Article IV - Natural Resource Protection, Article V - Site Design Criteria and Article VI - Signs.
1. See Satellite Dishes, Section 21 -36.04 - Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21 -34.12 for details.
4. See Kennels/Boarding, Section 21 -34.09 for details for details.
5. See Mini - Warehouses, Section 21 -34.11 for details.
6. See Nursing Homes, Section 21 -34.13 for details.
7. See Outdoor Storage, Section 21 -34.04 and 21 -36.03 for details.
8. See Community Residential Homes, Section 21 -34.02 for details.
9. Limited to 6, or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21 -34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business /residential development plan - Article V, Section 21 -57 for details.
12. See Salvage Yards, Section 21 -34.07 for details.
13. Residential/Professional offices may be permitted as a conditional use in the R -2
district for properties residentially developed abutting State Road #442. See Section
21 -34.14 for details.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -10
14. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
15. Places of Worship - Schools /Child Care, see Section 21 -36.05 for details.
16. Limited commercial is permitted in IPUD only as part of a single
industrial /commercial development plan pursuant to the requirements in Article V.
17. Attached and detached aircraft hangers permitted in residential districts adjacent to
airport taxi ways.
18. Internally oriented retail commercial, see Section 21.57 for details.
SECTION 21 -34 - SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21 -34.01 - Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in the
City's residential areas. No home occupation license shall be issued unless the Planning Department
determines the proposed business is compatible with the criteria shown below.
a. The use must be conducted by a member, or members, of the immediate family residing on
the premises and be conducted entirely within the living area of the dwelling unit not to
exceed twenty percent (20 %) of the dwelling unit space for the home occupation.
b. No manufacturing, repairing of vehicles, or other uses that are restricted to commercial and
industrial districts are allowed.
C. No chemical equipment, supplies or material except that which is normally used for
household domestic purposes, shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 111 -11
e. No electrical, electro- magnetic or mechanical equipment that causes any interference or
excessive noise to adjacent dwelling units shall be installed or operated.
f. No products, services, or signage may be displayed in a manner that is visible from the
exterior of the dwelling unit or on vehicles, except signage required by state law.
g. Except as provided in Section 21- 34.04, no trucks, or equipment shall be permitted in the
driveway, or adjacent public right -of -way and no delivery of commercial products for the use
of occupational license shall be allowed.
h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted
for office use and small machinery such as hand drills and small jigsaws for hobbyist uses.
All home occupations shall be required to obtain a home occupational license pursuant to the
requirements of Chapter 11 of the City Code prior to initiating operation.
An applicant may appeal the denial of an application to the Planning and Zoning Board
pursuant to the requirements of Article VIII of this Chapter.
k. Garages, carports or similar accessory structures, whether attached or detached shall not be
used for storage of material or manufacturing concerning the home occupation (other than
storage of an automobile).
21 -34.02 - Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes and limit their location to areas zoned for multifamily development.
a. All Community Residential Homes shall be required to obtain a City occupational license.
Pursuant to the requirements of Chapter 205.1965, FS, the City shall not issue said license
unless the applicant has a state license and substantially meets the criteria listed herein.
b. All facilities shall comply with the minimum parcel area and dimensional requirements of
the zoning district in which the facility is located.
C. Community Residential Homes shall be used only for the purpose of providing rehabilitative,
or specialized care, and may not be used for administrative, or related office -type activities,
other than in support of the facility.
d. No counseling, or other client services for non - residents shall be permitted in a CRH.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -12
A CRH shall be similar in appearance to the prevailing character of the area in which the
proposed site is located. Similar means within 125 percent of the average floor area, height
and/or architectural style of any other dwelling units in the adjacent area.
f. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of 16 square feet.
g. The proposed CRH shall provide a minimum 4 foot (4') high fence on all property lines.
h. The proposed CRH shall comply with the appropriate project design standards described in
Article V.
i. The proposed CRH shall comply with all appropriate Life Safety Code and Building code
requirements.
The minimum dwelling unit size for each resident shall be 750 square feet.
k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel
designated as Medium Density Residential, or High Density Residential, on the City's Future
Land Use Map.
1. Each CRH shall provide a responsible supervisory person on duty at all times while residents
are on the premises. The minimum staffing levels required by the State, or other licensing
agency, shall be maintained at all times.
M. Failure to substantially comply with all these criteria shall subject the property owner, and/or
the applicant, to the enforcement provisions of Article X.
n. A Community Residential Home shall not be located closer than 1000 feet (1,000') to another
CRH, or closer than 500 feet (500') of a parcel zoned AG, RR, R -1, R -2, or R -3. [See
Chapter 419.001.(3)(b)(3) FS]
o. All distance requirements shall be measured from the nearest point of the existing CRH
property line, or the zoning district described above, whichever is greater.
21 -34.03 - Institutional Residential Homes (also referred to as ALF's)
The purpose of this Article is to provide regulations to protect the adjacent property values while
allowing the institutional home to operate. For the purpose of this code, adult living facilities (ALF)
shall be considered as an Institutional Residential Home.
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) III -13
a. A minimum 4 foot (4') high fence shall be provided at all times.
b. Full time on -site management shall be provided at all times.
C. Minor on -site medical care may be provided at the option of the operator.
d. Each resident shall have the minimum square footage of personal living area for their use,
as required by the State.
e. Each facility shall be required to obtain an HRS license prior to receiving an occupational
license from the City and Volusia County. The City will inspect facilities for compliance
with life safety codes.
21 -34.04 - Inoperable, Abandoned, and/or Wrecked Vehicles
The purpose of this Section is to establish regulations for the storage of inoperable, abandoned or
wrecked vehicles throughout the City.
Hold pending results of Citizens Review Committee.
21 -34.05 - Vehicles - Restoration & Permits
The purpose of this Section is to establish regulations for the restoration of vehicles.
Hold pending results of Citizens Review Committee.
21 -34.06 - Watercraft, Trailers, Recreational Vehicles (RV's) and Campers
The purpose of this Section is to protect property values by establishing criteria for the parking and
storage of watercraft, RV's, campers and all trailers in residential areas.
a. Recreational vehicles, campers, trailers, or watercraft shall not be stored on any public right -
of -way.
b. Any recreational vehicle, camper, trailer, or watercraft shall have a valid license, registration
or validation sticker, and be in operable condition.
C.
Hold pending results of Citizens Review Committee.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -14
21 -34.07 - Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar such uses.
a. Salvage yards shall comply with the conditional use standards for the I -2 zoning district.
b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet,
and shall conform to the buffer yards requirements described in Article V, Section 21 -54.
All sites shall be enclosed by an eight foot (8') high opaque fence or wall.
d. Nothing stored shall be visible above the height of the fence or wall.
e. Occupational license shall be required.
f. No storage or parking of items under control of the salvage yard shall be permitted outside
of the fence or wall.
21 -34.08 - Refuse and Dumpsters
The purpose of this Section is to control the operation of refuse and dumpsters and similar such uses.
a. Dumpsters on commercial, industrial and multi - family properties shall be enclosed from
view with a six foot (6) high opaque fence and gate.
b. No dumpsters, containers or containment areas shall be permitted in any public right -of -way.
Gates shall be kept closed at all times except on designated pick up days.
d. Dumpsters and/or containers can not be delivered, emptied or removed during the hours of
ten p.m. (10:00 p.m.) to six a.m. (6:00 a.m.).
e. Containment areas shall be maintained in a clean and orderly manner at all times.
21 -34.09 - Kennels
The purpose of this Section is to minimize conflicts of noise, odor and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is located,
the following minimum regulations shall apply:
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 111 -15
a. Commercial kennels are limited to the raising, breeding boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
C. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and City of Edgewater Occupational License after receiving a
Certificate of Occupancy from the City.
21 -34.10 - Solid Waste Receptacles, Residential
a. Containers may be placed in the adjacent street right -of -way the evening before the
scheduled pick up service, and shall be removed no later than 11:00 PM on the day of
scheduled service.
b. All solid waste shall be placed in containers with lids that deter animals from accessing the
containers.
C. All containers shall be stored on the premises of the owner or tenant, behind the front
dwelling line, until containers are placed at the right -of -way on scheduled pick up days.
d. It shall be the duty of any person owning or controlling a house or other building or premises
to remove any uncontained solid waste on both the subject parcel and the adjacent right -of-
way.
e. Regulations regarding multifamily, commercial and industrial solid waste collection
requirements are found in Section 21- 34.08.
f. Yard waste (pine needles, leaves, etc.) are to be properly contained before placement at the
right -of -way. Tree cuttings and yard waste too large to contain shall be placed at the right -of-
way in piles no larger than 4'x4'x4' (4 feet high, 4 feet deep, 4 feet wide) total.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -16
g. Tree removal shall be the responsibility of the owner or contracting tree removal company.
21 -34.11 - Mini - warehouses
Mini - warehouses may be permitted under the following conditions:
a. Mini - warehouse buildings shall be screened from the public right -of -way by a minimum of
a six foot (6') high opaque fence or wall with a ten foot (10') high landscape buffer planted
adjacent to the street side and on all boundaries facing residential districts.
b. The project shall be completely fenced, walled, and designed to limit ingress and egress
through a controlled and lockable access point. This shall be limited to one (1) two (2) way
access points or two (2) one (1) way access points
C. Mini - warehouse units shall not contain any provision for electric outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
may be installed on the outside of the warehouse structures.
d. Bathroom facilities will be provided at a central facility in accordance with the Standard
Plumbing Code.
C. Mini - warehouses are to be used solely for storage purposes. No other commercial use or
business shall be permitted within the facility. However, one (1) office unit attached by
common walls or floors as a part of the mini - warehouse facility may be provided for use of
the warehouse manager.
f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal
substances or materials is allowed.
g. Mini - warehouses may be permitted as a conditional use in the B -3, BPUD and Highway
Commercial District when located at least 100 feet (100') from the front property line and
where in that 100 feet (100') the property is developed.
h. Occupational license shall be required.
21 -34.12 - Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in section 21 -20 shall require off - street
parking at 1 space bedroom, plus residential requirements.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III-17
b. Landscaping shall be provided as required for hotel /motel uses.
C. Occupational license shall be required.
d. One (1) sign not to exceed six (6) square feet.
21 -34.13 - Nursing Homes
a. Nursing home sites shall front on a major collector or arterial roadway.
b. Buffering shall be provided based on land use intensity and comply with the landscaping
requirements of Section 21 -54.
SECTION 21 -34.14 - RESIDENTIAL PROFESSIONAL OFFICES
Residential Professional Offices are permitted as a conditional use and requires site plan approval.
Residential Professional Office site plans shall be provided with a zoning application and shall
include:
a. Off - street parking and landscaping requirements of Sections 21 -54 and 21 -56.
b. One advertising sign not to exceed four (4) square feet of display area and an overall height
of four feet (4').
Commercial building code requirements shall be met.
SECTION 21 -35 - PROHIBITED USES
21 -35.01 - Excessive Vegetation Growth
a. Property owners and/or occupants shall maintain landscaping on site and in the adjoining
right -of -way in such a manner as to assure against obstruction to pedestrian, or vehicular
traffic and visibility.
b. Grass and landscape areas located within the street right -of -way and lying between the paved
or traveled surface of the street and the property line, and if applicable, lying between the
paved or traveled surface of the street and any adjoining body of water, shall be maintained
by the adjoining property owner and/or occupant. Grass and weeds within such areas shall
not exceed a height of twelve inches (12 ").
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -18
C. An improved lot shall means any lot to which improvements have been made, including, but
not limited to, change of grade through filling or excavation, installation of water or sewer
line, clearing of property to begin construction, or any other physical alteration which has
significantly disturbed the natural vegetation on the property.
d. No persons shall permit weeds, grass, brush or similar vegetation to exceed a height of
twelve inches (12 ") on any property that has been improved. Lots shall be kept free of fallen
trees and limbs.
e. Natural areas permitted on improved lots shall be located at least twenty (20) feet from
another property line.
An unimproved lot shall mean any lot which remains undisturbed and in a natural vegetative
state.
g. The owner of an unimproved lot in a residential zone with lot sizes of one acre or less shall
keep that portion of the property abutting within twenty (20) feet of any improved lot,
sidewalk, street or bicycle path free and clear of all weeds, grass and brush not to exceed
thirty -six (36) inches within such area. Lots shall be kept free of fallen trees and limbs.
21 -35.02 - Outdoor Storage, Residential
Open outdoor storage in residential districts or property where primary use is residential is expressly
prohibited when seen from the right -of -way, except those items listed in Section 21- 34.05.
21 -35.03 - Vehicle Sales on Vacant Lots
The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to,
cars, trucks, commercial vehicles, semi - tractors, tractor trailers, watercraft, trailers, recreational
vehicles, campers, and equipment shall be prohibited on all vacant lots and all public right -of -ways
within the City.
21 -35.04 - Tents/Temporary Carports
Hold pending results of Citizens Review Committee.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) Ell -19
21 -35.05 - Commercial Vehicles in Residential Areas
The purpose of this Section is to control the proliferation of commercial vehicle parking in
residential areas.
a. The term commercial vehicle is defined as any vehicle with a rated capacity greater than one
(1) ton, has more than two (2) axles, or is over twenty -four feet (24') long.
b. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or
beach concession vehicles with a greater than 1 -ton rated capacity to be parked on any
property whose primary use is residential, except when being loaded or unloaded.
C. One commercial vehicle with less than a 1 -ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21 -35.06 - Neglected Premises
a. It shall be the duty of any person owning or controlling a house or other building or premises
to maintain such premises in a reasonably clean and orderly manner and to a standard
conforming to other orderly premises in that vicinity. It shall be a violation of this section
to abandon, neglect, or disregard the condition or appearance of any premises.
b. Every exterior wall of the building shall be free of holes, breaks, loose or rotting boards or
timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and
maintained in a safe manner and have no defects.
C. All portions of existing buildings, both interior and exterior, shall be maintained in such a
manner that structural strength, stability, sanitation, adequate light and indoor air quality, and
safety to life and property from fire and other hazards are provided for public safety, health,
and general welfare.
21 -35.07 - Parking on Drainage or Maintenance Easements
It shall be unlawful to park or store any vehicle, boat, trailer or equipment of any kind on City,
County or State maintenance easements.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -20
SECTION 21 -36 - ACCESSORY USE REQUIREMENTS
21 -36.01 - Purpose
This section includes those accessory uses and structures that are subordinate to the main use or
building and located on the same lot. The term other accessory buildings shall include, but not be
limited to such structures as greenhouses, gazebos, storage buildings, garages, carports and the like.
21 -36.02 - General Regulations
a. The principal permitted use must be built or permitted prior to a permit for an accessory use
is issued.
b. All accessory uses, buildings and structures shall be located on the same lot as the principal
or permitted use.
No accessory use, building or structure shall exceed the height limit shown in that district.
d. Accessory buildings shall not be rented or otherwise used as a dwelling unit.
e. No accessory structure may be located within a public right -of -way or public easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
h. Accessory buildings shall conform to the setback requirements described in Table V -1.
i. No accessory building may be located within any required parking area, landscape area or
stormwater facility area.
j. Accessory buildings shall be limited to 2 per parcel.
21 -36.03 - Outdoor Storage and Display: Commercial, Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and display
facilities where such storage is an accessory use and a part of normal operations on the premises.
Rev. 7/00 ( PoliciesProcedures /L,andDevelopmentCode) III -21
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table III -3. Such outdoor storage or
display shall not be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas, or access lanes.
C. All outdoor storage areas shall be screened from view by a six foot (6') high opaque fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site.
d. Loose materials such as sand, styrofoam, cardboard boxes, mulch, compost areas, and similar
materials which are subject to being scattered or blown about the premises by normal
weather conditions shall be contained by an adequate enclosure. No outside storage area or
building shall be located in a public right -of -way, utility, or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within the
required front, side, or rear yard areas, providing that such outdoor display shall not be
located adjacent to a local residential street.
f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side corner property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, or
driveway entrances or exits.
21 -36.04 - Satellite Dishes and Antennas
The purpose of this Section is to control the location of satellite dishes and antennas in order to allow
their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XH.
a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception, or transmission, of wireless communication signals shall be
considered commercial uses.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -22
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches), or less, in diameter shall not require an installation permit.
C. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall set back five feet (5') from side and rear lot lines or easement.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
f. The required setback shall be measured from the closest point of the outermost edge of the
antenna, or satellite dish, to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21 -36.05 - Places of Worship - Schools /Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at
night unless shielded from adjacent residential areas.
C. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -23
SECTION 21 -37 - SPECIAL ACTIVITY PERMIT REQUIREMENTS
21 -37.01 - Special Activity Permit - Temporary Use
A temporary use is one that is designed, constructed and intended to operate for a period of time not
to exceed ten (10) days.
21 -37.02 - Permit Process
a. An applicant for a proposed special activity use shall complete an application form
developed, and periodically revised, by the City Clerk. Said form shall, at a minimum,
include the signature of the property owner of the parcel on which the temporary use or
special activity is proposed as well as other pertinent information deemed necessary by the
City Clerk.
b. The City Clerk shall circulate the application to other City departments, appropriate for the
specific request, for review and comment subject to the criteria in Section 21 -37.03 below.
C. No later than ten (10) working days after receipt of a complete application, the City Clerk
shall either issue the Permit or provide the applicant with written reasons for denial, and/or
delay, of the permit request.
d. No Permit application shall be processed without receipt of the fee as established by Council.
21 -37.03 - Permit Criteria
To issue a Special Activities Permit, the City must determine the application substantially meets the
criteria below:
a. The proposed use will not result in unsafe ingress and/or egress for either pedestrians or
vehicles, and shall comply with parking requirements for that use.
b. The proposed use will substantially comply with the appropriate Life Safety Code
requirements.
C. The proposed use will substantially comply with the appropriate Building Code
requirements.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 111 -24
d. The proposed use is limited to a specific period of time not to exceed ten (10) days.
The proposed use shall not be permitted to operate on the same parcel, or another parcel
owned by the same property owner more two (2) times per calendar year.
The proposed use will operate only during the specific daily time period requested in the
application, or granted by the City.
g. The proposed use will direct any on -site lighting away from adjacent parcels and the adjacent
roadways.
h. The applicant shall supply adequate sanitary facilities for the duration of the event.
i. The applicant shall post a bond or an insurance policy to hold the City harmless from any
liability resulting from the operation of the Special Activity Permit.
The City Council may waive the application fees, for a non - profit agency.
21 -37.04 - Appeals
Any decision regarding a Special Activities Permit may be appealed to the City Council.
SECTION 21 -38 - FENCES, WALLS, and HEDGES
21 -38.01 - Purpose
The purpose of this section is to set forth the standards necessary to regulate the use of fences.
21 -38.02 - General Requirements
The following regulations shall apply to the erection of fences, walls and hedges.
a. All fencing materials must comply with the definition in Article H.
b. All fences shall comply with the provisions of the applicable building codes.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) I11-25
Fences may be located in all front, side, and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right -of -way, the
City shall not be responsible.
d. The maximum allowable height of all fences located in the front yard setbacks and river front
lots of residential property not subject to site plan review shall be four feet (4'). Fences
located in these areas must be non - opaque. The maximum allowable height of all other
fences in residential areas shall be six feet (6') including side corner yards and meet the site
triangle requirements. In commercial and industrial areas no fence shall exceed ten feet (10')
in height unless otherwise approved as part of a development plan and meet the site triangle
requirements. The filling or berming of property solely for the purpose of creating a barrier
that exceeds the height requirements contained herein is prohibited.
e. Concrete block walls shall be constructed with appropriate reinforcement as determined by
the Building Official. Block walls shall be stucco or painted to compliment the surrounding
character of the area.
f. Any fence erected on property utilized for nonresidential purposes which abuts property
utilized for residential purposes shall be erected with the finished side facing outward or
away from the enclosed screened area. Any fence located adjacent to a public right -of -way
shall be erected with the finished side facing the right -of -way.
g. Approval to exceed maximum height limitations may be granted by the Planning Director
subject to either of the following:
1. The enclosed or screened area is sufficiently lower than adjoining lands to render a
fence of the maximum allowable height inadequate for its intended purpose.
2. The area to be enclosed or screened contains a nuisance or a hazard that cannot
adequately be encompassed or obscured by a fence of the maximum allowable height.
h. Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three (3) strands of barbed wire may be installed at the top
of a fence. For regulatory purposes, barbed wire shall not be included in the measurement
of the fence height. In no case shall barbed wire be allowed to overhand or extend outside
of the property lines of the site on which the fence is installed, nor shall any barbed wire be
installed at a height of less than six (6) feet.
i. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for
the containment of livestock.
j. Customary fencing around public recreational amenities shall be exempt from height
restrictions.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -26
k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
1. Fences shall conform to the "site triangle" requirements as set forth below:
Site Triangle Requirements:
Nothing shall be erected, planted or placed in a manner as to materially impede
vision between a height of two and one -half feet (2 /z') to ten feet (10') above the
intersecting street right -of -way centerlines. The site triangle shall be measured fifty
feet (50') in each direction from the centerline of the intersecting streets or roadways.
These regulations may also apply in commercial ingress and egress driveway areas
if the TRC determines that a safety hazard may exist.
(See Site Triangle Diagram on next page)
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) III -27
ARTICLE IV
RESOURCE PROTECTION STANDARDS
SECTION 21 -40 - GENERAL PROVISIONS
21- 40.01- Purpose ..................... ............................... IV-1
SECTION 21 -41 - WETLAND AREAS
21 -41.01 - Comprehensive Plan Reference .. ............................... IV-1
21 -41.02 - Wetland Identification ......... ............................... IV -1
21 -41.03 - Permit requirements ........... ............................... IV -2
21 -41.04 - Buffer Requirements .......... ............................... IV-2
SECTION 21 -42 - FLOODPLAINS
21
-42.01 -
Comprehensive Plan Reference .. ...............................
IV-2
21
-42.02
- Disclaimer of Liability ......... ...............................
IV-3
21
-42.03
- Applicability ................. ...............................
IV-3
21
-42.04
- Special Flood Hazard Areas ..... ...............................
IV -3
21
-42.05
- Floodplain Development Permit Standards ........................
IV-3
21-
42.06-
Variances ....................... ...........................IV
-5
SECTION 21 -43 - WELLFIELD PROTECTION
21
-43.01
- Comprehensive Plan Reference .. ...............................
IV -5
21
-43.02
- Designation of Protection Zones . ...............................
IV-5
21
-43.03
- Protection Zone Permits ........ ...............................
IV -6
21
-43.04
- Protection Zone Standards ...... ...............................
IV -7
21
-43.05
- Exemptions .................. ...............................
IV -8
21
-43.06
- Enforcement and Appeals ...... ...............................
IV -8
SECTION 21 -44 - GROUNDWATER RECHARGE AREAS
21 -44.01 - Comprehensive Plan Reference .. ............................... IV -9
21 -44.02 - Designation of Recharge Areas .. ............................... IV -9
21 -44.03 - Recharge Area Development Standards ........................... IV-9
SECTION 21 -45 - SENSITIVE HABITAT AREAS
21 -45.01 - Comprehensive Plan Reference . ............................... IV -10
21 -45.02 - Development Thresholds and Exemptions ........................ IV -10
21 -45.03 - Listed Species Application Procedures .......................... IV-11
Sections 21 -46 through 21 -48 reserved for future use.
Article IV
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE IV
RESOURCE PROTECTION STANDARDS
SECTION 21 -40 - GENERAL PROVISIONS
21 -40.01 - Purpose
The purpose of this Article is to establish the criteria for the protection, maintenance, enhancement
and utilization of natural resources within the City of Edgewater in accordance with the adopted
Comprehensive Plan. In conformance with the requirements of the Comprehensive Plan, the
standards and criteria contained herein implement the specific Plan policies cited in each section of
this Article.
Article H contains definitions of a more general nature. The term person, used throughout this
Article is very broadly defined. The term "person" shall include any natural individual, firm,
partnership, association, joint stock company, joint adventure, public or private corporation or a
receiver, executor, trustee, conservator or other representative appointed by orders of any court or
in any other manner.
SECTION 21 -41 - WETLANDS
21 -41.01 - Comprehensive Plan Reference
The provisions of Section 21 -41 - Wetlands are consistent with and implement the Comprehensive
Plan policies listed below:
a. Future Land Use Element — 2.5 & 2.6
b. Drainage Element — 1.3
C. Coastal Management Element — 1.6, 2.3, 5.1, 5.4 & 5.5
d. Conservation Element — 2.1e,2.5,2.10,11,12,15 & 3.6
It is the intent of this Article to provide for the protection, maintenance, enhancement and utilization
of wetlands within the City recognizing the rights of individual property owners to use their lands
in a reasonable manner as well as the right of all citizens to protection and purity of the waters of the
City. It is the policy of the City to minimize the disturbances of wetlands and to encourage their use
only for the purposes that are compatible with their natural functions and environmental benefits.
21 -41.02 - Wetland Identification
Wetlands shall be defined as found in Section 21 -20, except that circumstances where the natural
boundary of wetland vegetation is unclear, the line of demarcation may be approximated at a
surveyed elevation measured at a location in the same wetland where the natural line is clear. In the
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -1
event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may be
determined by a study of the soils, aerial mapping, photography, hydrology, and other historical
information as appropriate and approved by the City. The most restrictive wetland boundary as
determined by other permitting agencies shall be accepted.
21 -41.03 - Permit Requirements
It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge,
clear, destroy, or alter any wetland or wetland buffer as defined in Article II on any lot or portion
thereof without obtaining a wetland alteration permit in accordance with the provisions of this article
and without first obtaining the required permits from the appropriate federal, state or county agencies
where applicable federal, state or county permits may eliminate the need to obtain a City Wetlands
Alteration Permit. Wetlands Alteration may be issued concurrent or in conjunction with other land
development permits. It is the intent of this section that construction of a single- family dwelling on
upland which does not alter by removing, filling, draining, dredging, clearing or destroying any
wetland or wetland buffer shall not require a separate permit pursuant to this section.
21 -41.04 - Buffer Requirements
a. A minimum buffer not less than fifty feet (50') upland from the mean high water line and a
minimum of twenty -five feet (25') from the wetland boundary shall be established adjacent
to and surrounding all wetlands. The buffer may coincide with the required setback on a lot
under Article III. Provided however, there shall be no development in the buffer, except for
direct access to water bodies.
b. Development activities or maintenance which do not have a significant adverse effect on the
natural function of the buffer may be allowed within the buffer. Proposed activities within
the buffer may be permitted in accordance with the requirements of this article. The
activities or construction which may be permitted include but are not limited to pruning,
planting of suitable native vegetation, removal of exotic and nuisance pioneer plant species,
and the creation and maintenance of walking trails. See Section 21 -53.07 for shoreline
protection standards.
SECTION 21 -42 - FLOOD PLAINS
21 -42.01 - Comprehensive Plan Reference
The provisions of Section 21 -42 - Flood plain areas are consistent with and implement the
Comprehensive Plan policies listed below:
a. Future Land Use Element - 2.1 & 2.3
b. Coastal Zone Management Element - 7132, 7135 & 7136
C. Conservation Element - 2.1 & 4.1
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -2
21 -42.02 - Disclaimer of Liability
The degree of flood protection required by this Section is considered reasonable for regulatory
purposes and is based on scientific and engineering standards. This Section does not imply that land
outside the areas of special flood hazard, or uses permitted within such areas, will be free from
flooding, or flood damages, and shall not create liability on the part of the City of Edgewater, or any
officer, or employee thereof.
21 -42.03 - Applicability
This Section shall apply to all areas identified as lying below the 100 year flood elevation. No
structure, or land, shall hereafter be located, extended, converted, or structurally altered, within
identified flood plain areas without full compliance with the terms of this Section and all other
applicable regulations.
21 -42.04 - Special Flood Hazard Areas
The areas of special flood hazard are identified by the Federal Emergency Management Agency in
its Flood Insurance Rate Map, dated September 29, 1998, which are available for review in the
Planning and Building Departments.
21 -42.05 - Flood Plain Development Permit Standards
A development permit shall be required prior to the commencement of any development activities.
The standards for issuing permits are described below.
a. New construction, or substantial improvement, of any residential structure shall have the
lowest floor, including basement, elevated no less than one foot (1) above the base flood
elevation or crown of the paved road whichever is greater, or 16 inches (16 ") above an
unpaved road.
b. New construction, or substantial improvements, of elevated structures shall be designed to
preclude finished living space and designed to allow the flow of floodgates to equalize
hydrostatic flood forces on exterior walls.
C. All plans and designs for structures in these areas shall be signed and sealed by an Engineer
licensed in Florida and/or meet the following minimum criteria:
1. Provide a minimum of 2 openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding; and
2. The bottom of all openings shall be no higher than one foot above grade; and
3. Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodgates in both direction; and
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -3
4. Electrical, plumbing, and other utility connections are prohibited below the base
flood elevation.
d. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles,
limited storage of maintenance equipment used in the premises or entry to the living area.
e. Encroachments below the flood elevation shall not result in any increase of flood levels
during occurrence of the base flood discharge.
All new construction, or substantial improvement, that is otherwise permitted herein shall:
1. Be anchored to prevent flotation
2. Be constructed with flood resistant materials and equipment
3. Protect service equipment components from water damage
4. Elevate the utility systems to eliminate or minimize flood infiltration and prevent
discharges thereof.
g. Non - conforming structures shall not be expanded or extended in flood hazard areas, except
as provided in Section 21- 42.06.
h. All structures located in coastal high hazard areas (V zones) shall be a minimum of fifty feet
(50') landward of the reach of the mean high tide.
i. All structures in coastal high hazard areas shall be securely anchored on pilings or columns
to resist flotation, collapse, and lateral movement due to the effect of wind and water loads
acting simultaneously on all building components. Said anchoring and support systems shall
be designed with wind and water loading values which equal, or exceed, the one hundred -
year mean recurrence interval. Water loading values shall be equal or exceed the base flood.
Wind loading values shall be in accordance with the Standard Building Code.
Uncompacted fill may be used around the perimeter of a building for landscaping /aesthetic
purposes, provided the fill washes away with the storm surge.
k. The Planning Director/Building Official shall approve design plans for landscaping aesthetic
fill only after the applicant has provided an analysis by an engineer, or soil scientist,
demonstrating that the following factors have been fully considered:
1. Particle composition of fill material does not have a tendency for excessive
compaction; and
2. Volume and distribution of fill will not cause wave deflection to adjacent properties;
and
3. Slope of fill will not cause wave run -up or ramping.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -4
1. There shall be no alteration of mangrove stands.
M. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the lowest floor except with lattice work or decorative screening.
n. All development proposals in flood hazard areas shall provide base flood elevation data.
21 -42.06 - Variances
Any variances to the requirements of this Section shall be administered pursuant to the requirements
of Section 21 -100.
SECTION 21 -43 - WELLFIELD PROTECTION
21 -43.01 - Comprehensive Plan Reference
The City finds there is an urgent need to protect the existing and future water supplies from the
irreversible and adverse impacts of biological and chemical contamination. The City also finds that
its potable water wellfields are an irreplaceable resource that may be subject to irreversible
degradation if not adequately protected.
The provisions of Section 21 -43 — Wellfield Protection Areas are consistent with and implement the
Comprehensive Plan policies listed below:
1. Future Land Use Element - 1.3
2. Potable Water Element - 3.1
3. Coastal Zone Management Element - 7B5 & 7B6
4. Conservation Element - 1.1 & 1.5
5. Intergovernmental Coordination Element - 1.7
21 -43.02 - Designation of Wellfield Protection Zone (WPZ)
The primary and secondary potable water wellfield Protection Zones are hereby established as two
hundred feet (200') radius from the well as the primary zone and one thousand feet (1,000') radius
from the well as the secondary zone. These zones, and the regulations that follow, are established
to protect the potable water supply from possible contamination by regulating defined hazardous
wastes and undesirable uses.
a. Except as otherwise provided in this Section, any new use, or handling, production or storage
of hazardous materials shall be prohibited in the primary protection zone. Any existing use,
or handling, production or storage of hazardous materials, shall be considered a
nonconforming use and shall apply for a wellfield protection permit as provided in Section
21 -43.03 and be subject to the containment standards in Section 21- 43.04.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -5
b. Except as otherwise provided in this Section, any new or existing nonresidential use, or the
handling, production or storage of hazardous substances in the secondary protection zone
shall apply for a wellfield protection permit as provided in Section 21- 43.03.
21 -43.03 - Wellfield Protection Zone Permits
a. The Director of Environmental Services shall be responsible to administer the wellfield
protection zone permit program.
b. Application for a wellfield protection permit shall be signed by the applicable owner, or
operator.
C. The City shall issue, or renew such permit, upon the applicant's satisfactory demonstration
that all standards required by this Section and other applicable regulations have been met and
the appropriate fee as established by resolution have been paid.
d. The City shall review all building permit applications, site plans, and/or occupational
licenses for compliance with the requirements of this Section and no application, plan or
occupational license shall be approved unless full compliance is demonstrated. Permits or
occupational licenses issued in violation of this Section confer no right or privilege to the
grantee.
e. A potential applicant is required to arrange a pre - application conference to discuss the
permit application criteria and process.
f. The following information shall be submitted by the applicant prior to approval of any
activity requiring a wellfield protection zone permit:
1. A current survey signed and sealed by a licensed surveyor that, at a minimum, depicts
all existing structures, adjacent streets, water bodies and public water supply wells.
2. A legal description of the subject property.
3. A description of the proposed activity at the proposed location, including a list of all
known hazardous substances that may be utilized, generated and /or stored at the
subject property.
4. Construction plans and specifications for hazardous substance storage system,
including but not limited to, details of tanks, conveyance and pumping systems,
secondary containment, leak protection, overfill protection and access and an
operating plan shall be signed and sealed by an Engineer licensed in Florida.
g. Any person owning or operating a non - residential activity regulated by this Section at the
time of adoption of this Chapter shall apply for a permit within one year and shall thereafter
come into full compliance with the requirements of this Section.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -6
21 -43.04 - Wellfield Protection Zone Standards
a. A proposed project, construction activity, or occupational license use shall not adversely
affect the quality and quantity of the potable water supply within the primary and secondary
wellfield protection zone. In assessing the impacts of a proposed activity, the City shall
consider the cumulative impacts of other projects, or uses permitted in, or adjacent to, the
Secondary Protection Zone.
b. All proposed uses or activities shall be consistent with the requirements of the
Comprehensive Plan and this Article.
C. Under no circumstances shall any person, whether the property owner or operator, allow the
discharge or disposal of hazardous substances into the soils, groundwater or surface water
within either the Primary or Secondary Protection Zone.
d. Hazardous substance storage tanks are prohibited in the Primary Protection Zone.
e. Hazardous substance storage tanks in the Secondary Protection Zone shall be constructed and
operated in compliance with Chapters 17 -61, 17 -761 and 17 -762 Florida Administrative
Code.
The commercial and residential application of certain regulated substances such as
pesticides, herbicides, rodenticides and fungicides shall be permitted in the protection zones
subject to the following conditions:
1. The application is in strict compliance with the use requirements on the EPA
substances list and as indicated on the containers in which the substances are sold.
2. The application is in strict compliance with the requirements of Chapters 482 and
487, Florida Statutes and Chapters 5E -2 and 5E -9, Florida Administrative Code.
3. The application of any of the pesticides, herbicides, fungicides and rodenticides shall
be noticed in the records of the certified operator of the use. The certified operator
shall provide specific notification to the applicators that special care is required. Said
public records shall include, at a minimum, the amount of substances used, the
location of use and the date of the application.
4. All persons, other than single family and duplex residential sites, applying pesticides,
herbicides fungicides and rodenticides shall use licensed Professional Exterminators
within the City of Edgewater, Florida. The City Fire Chief shall approve all
regulated substance application plans, except for single family and duplex residential
sites, prior to their initiation.
5. Commercial or industrial septic disposal systems are prohibited in both the protection
zones.
6. Existing underground storage facilities in either protection zone shall meet the
construction retrofit standards of Chapter 17 -761, FAC.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -7
7. The Environmental Services Department may require a groundwater monitoring
program as the part of any permit application.
8. The requirements of this Section shall apply to all future wellfield locations
designated by the City Council.
21 -43.05 - Exemptions
The following activities or uses are exempt from the provision of this article:
a. The transportation of any hazardous substance through either the primary or secondary well
field protection zone, provided the transporting vehicle is in transit.
b. Agricultural uses, including mosquito control, except that said uses shall comply with Florida
Statutes Chapter 487, section 487.011 et seq., the Florida Pesticide Law, and the Florida
Pesticide Application Act of 1974 and Rule SE 2.001 et seq., and Rule SE -9.001 et seq.,
FAC.
C. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a
vehicle.
d. Public safety, emergency medical, emergency operations center, and public utilities facilities,
except landfills.
e. Repairing or maintaining any existing facility or improvement on lands within the primary
or secondary wellfield protection zone.
f. Storage tanks which are constructed and operated in accordance with the storage tanks
regulations as set forth in Chapter 17 -61, Florida Administrative Code.
g. Geotechnical borings.
21 -43.06 - Enforcement and Appeals
a. Any violation of the provisions of this Section may subject the property owner, and/or
facility operator, to the enforcement provisions of Article X.
b. Appeals of any administrative decision, or variance requests to the requirements herein, shall
be made to the City Council.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -8
SECTION 21 -44 - GROUNDWATER RECHARGE AREAS
21 -44.01 - Comprehensive Plan Reference
Chapter 373, FS declares that the protection of groundwater is necessary to protect future potable
water supplies. Chapter 163, Part H, FS requires each local government to protect identified recharge
areas. In this regard, the provisions of Section 21 -44 — Groundwater Recharge Areas are consistent
with and implement the City's Comprehensive plan policies listed below:
a. Future Land Use Element - 1.4
b. Potable Water Element - 3.2
C. Drainage Element - 2.3
d. Recharge Element - 1.1 & 1.2
e. Coastal Zone Management Element - 7B 1
f. Intergovernmental Coordination Element - 1.9
21 -44.02 - Designation of Recharge Areas
The mapped recharge areas subject to the regulations herein are designated by the Saint John's River
Water Management District and are available for review in the Planning Department.
21 -44.03 - Recharge Area Development Standards
The following standards are required for development projects within the Recharge Area.
a. All public and/or private development projects shall maintain a maximum impervious
surface ratio of 0.2.
b. All stormwater runoff shall be accommodated on -site in full compliance with all applicable
state and local regulations.
C. The use of septic tanks shall be limited to one per acre.
d. Any use that manufactures, or stores hazardous substances as defined in Section 21 -20 shall
be prohibited.
e. Landfills, sludge disposal and incinerators shall be prohibited.
f. Spray irrigation of treated sewage effluent may be permitted in strict compliance with
applicable Florida Department of Environmental Protection statutes and Rules.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -9
g. All agricultural, and/or silvicultural uses, shall employ the latest applicable Best
Management Practices and Integrated pest Management Plans available from either the Soil
Conservation Service and/or the Florida Department of Agriculture and Consumer Services.
h. All underground storage tanks shall comply with the requirements of Chapters 17 -761 and
17 -762, FAC and shall be triple walled with impervious material and designed for one
hundred twenty percent (120%) of the proposed capacity.
i. At a minimum, the projects developed within a designated recharge area shall include a
groundwater monitoring program.
j. All uses existing at the time of adoption of this Code shall come into compliance with these
requirements by January 1, 2003.
SECTION 21 -45 - SENSITIVE HABITAT AREAS
21 -45.01 - Comprehensive Plan Reference
The purpose of this Section is to protect the significant natural resources of the City for its citizens.
These regulations are supplemental to, and do not supercede, applicable state and/or federal
regulations.
The provisions of Section 21 -45 - Sensitive Habitat Areas are consistent with and implement the
Comprehensive plan policies listed below:
a. Sanitary Element - 2.3
b. Drainage Element - 1.3
C. Coastal Zone Management Element - 1 A 1, 1 A3, 1.10, 1.11, 2.3, 2A2, 4C 11, 5.1 &
7D1
d. Conservation Element - 2.4, 2.5, 2.10 & 3.13
e. Intergovernmental Coordination Element - 2.4
21 -45.02 - Development Thresholds & Exemptions
a. The Listed Species requiring protection are those found in the Natural Resource Element of
the Comprehensive Plan.
b. Nothing in this Section exempts any property from complying with all appropriate State and
Federal regulations.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IV -10
21 -45.03 - Listed Species Application Procedures
a. When the pre - application conference for a proposed project determines the possibility of one
or more, listed species inhabiting a site, the applicant shall submit an application to the
Planning Department on the forms provided by the Department. Said application shall, at
a minimum, include the following:
1. The name, address and signature of the property owner;
2. The name, address and signature of the applicant;
3. A legal description of the subject property;
4. A recent property survey;
5. A description and location of the listed species found on the proposed site;
6. A description of the field surveying techniques used; and
7. Other material as may be deemed appropriate by the Planning Director.
b. When a listed species is found, the applicant shall submit a mitigation program to protect the
species. The mitigation program shall be evaluated as follows:
1. Approval by Florida Game and Fresh Water Fish Commission, or its successor
agency;
2. Provision of any permits needed from state and/or federal agencies;
3. The dedication of a conservation easement to the City; and
4. The interconnection of other conservation easements on adjoining properties with the
subject easement.
Sections 21 -46 through 21 -48 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) IV -11
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21 -50 - GENERAL PROVISIONS
21- 50.01- Purpose ..................... ............................... V -1
21 -50.02 - Minimum Site Dimensions ..... ............................... V -1
SECTION 21 -51 - UTILITIES
21 -51.01 - Comprehensive Plan Reference .. ............................... V -3
21 -51.02 - General Requirements ......... ............................... V -3
21 -51.03 - Utility Easements ............. ............................... V -4
SECTION 21 -52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS
-54.01 -
21
-52.01 -
Comprehensive Plan Reference .. ...............................
V -4
21
-52.02 -
Access/Driveways ............ ...............................
V -4
21
-52.03 -
Drive -Up Facilities Standards ... ...............................
V -6
21
-52.04 -
Sidewalks ................... ...............................
V -6
SECTION 21 -53 - STORMWATER MANAGEMENT REQUIREMENTS
-54.01 -
21
-53.01
- Comprehensive Plan Reference .. ...............................
V -7
21 -53.02 - Permit Authority .............. ...............................
V -7
21
-53.03
- Exemptions .................. ...............................
V -8
21
-53.04
- General Design Standards ...... ...............................
V -8
21
-53.05
- Site Attenuation Standards ..... ...............................
V -10
21
-53.06
- Positive Outfall Standards ..... ...............................
V -10
21
-53.07
- Shoreline Protection Standards . ...............................
V -11
21
-53.08
- System Maintenance Standards . ...............................
V -11
21
-53.09 - Stormwater Permit Application . ...............................
V -12
21
-53.10
- Permit Decision Criteria ....... ...............................
V -13
21
-53.11
- Plan Adherence .............. ...............................
V -14
21
-53.12
- Enforcement ................ ...............................
V -14
SECTION 21 -54 - LANDSCAPING REQUIREMENTS
21
-54.01 -
Comprehensive Plan Reference . ...............................
V -14
21 -54.02 -
Installation Standards ......... ...............................
V -14
21
-54.03 -
Parking Lot Landscape Requirements ...........................
V -15
21
-54.04 -
Buffer Yard Determination Process .............................
V -16
21
-54.05 -
Buffer Yard Installation Standards ..............................
V -18
Article V
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode)
SECTION 21 -55 - TREE PROTECTION REQUIREMENTS
21 -55.01 - Comprehensive Plan Reference . ............................... V -18
21 -55.02 - Tree Removal Permits ........ ............................... V -19
21 -55.03 - Exemptions ................. ............................... V -19
21 -55.04 - Historic Trees ............... ............................... V -20
21 -55.05 - Specimen Trees ............. ............................... V -21
21 -55.06 - Protection Standards .......... ............................... V -21
21 -55.07 - Installation Requirements ...... ............................... V -22
21 -55.08 - Replacement and Relocation Standards .......................... V -23
21 -55.09 - Enforcement ................ ............................... V -23
SECTION 21 -56 - PARKING/LOADING REQUIREMENTS
21
-56.01
- Comprehensive Plan Reference . ...............................
V
-23
21
-56.02
- Off - Street Parking Standards ... ...............................
V
-24
21
-56.03
- Handicapped Parking Standards . ...............................
V
-28
21
-56.04
- Joint Parking Use Agreement ... ...............................
V
-28
21 -56.05 - Loading Berth Standards ...... ...............................
V
-29
SECTION 21 -57 - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21 -57.01 - Comprehensive Plan Reference . ............................... V -30
21 -57.02 - Residential Planned Unit Development (RPUD) ................... V -30
21 -57.03 - Business Planned Unit Development (BPUD) ..................... V -32
21 -57.04 - Industrial Planned Unit Development (IPUD) ..................... V -33
Sections 21 -58 & 21 -59 reserved for future use.
Article V
ii
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21 -50 - GENERAL PROVISIONS
21 -50.01 - Purpose
The purpose of this Section is to establish site design and development criteria for public and private
projects. All proposed projects shall first review the requirements of Article IV - Natural Resource
Protection. All proposed projects shall be designed to minimize impervious surface cover.
Pursuant to the requirements of the statutes listed below, all plans submitted for public review shall
be signed and sealed by the appropriate professional person.
Chapter 471.025
Engineers
Chapter 472.025
Surveyors
Chapter 481.221
Architects
21 -50.02 - Minimum Site Dimensions
Table V -1 depicts the minimum lot size, setbacks, height, building coverage and floor area
requirements for each zoning category. Site dimensions in RP, B-3,1-1,1-2, the RPUD, BPUD and
IPUD districts are variable depending on the specific site conditions.
Minimum lot square footage requirements shall be calculated using net buildable areas.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -1
y
W
C"
CrJ
C
�oo�O�UAwN WW2
O
p�.......�a.�.�....�
C
<
J
w
-.UX�
F o a•...o
�•m
II
�
�ic��
o
On
O On
x
CL
Q
0 77 ^�
< o sD
0
c ti o
°a%n
�
0
C7
�
CD�� .na
v�
v�
cn
CL
�oCD
°�•�CD
c
CD
CD
n'
o co�
a.
CD N
<
rD
R
°
CD
y N
UQ
E
G,
U
V
0
�, r
CD
< 0
o a
<
0
oc o
c o
v CD y
(D M
C
m
O
O w
0 �
n CD
O
c cD
.- O
O n
N
U
w
r
CD
M
CD
CD
cD
w
w
n
CD
`D
b�
� F'
M
n
C
w
N
n
R °
n
O
0
0
y
W
C"
CrJ
C
d
x
r". d
'
x
Z
•-
�
C7
�
�
v�
v�
cn
� o
�
o a o
y N
UQ
E
G,
U
V
0
�, r
CD
�!
<
0
m
m
a
c cD
C7
w
cu
w
cD
w
w
n
CD
`D
n
�
CD
�
�
a.
cn
w
C
y
O y
y
O
00
0o
O
N
p>
7
O
7
O
7
O O
O O
CD
O
O
O r
O O
n
n
0
O
O
O
O
O,
O�
O
O
cwD
O
n
CD
CD CD
v,
CD
O
O
O
U
U
O
O
CD
a
J O
U O
O
O
U
O
00
O O
U
O
Z
a
O
O
J
U
J
U
00
O
O
O
O
O
O
O
K o
d
A
z
z
a
o
f
a
o
G
B
o
�A
t�
7
Iy 1
7 �
N i
A
p
C. ry
CrJ
N
U
N
U
A
O
A
O
A
O
U
U
O
O
O
O
7
H
C
o
z
O
_
U
O
pD
J
� •A
w
�'•� O
O
U
U
U
O
O
A
O
O
yy
U
U
O
n' U
O
O
U
VA
O 00
O
N
N
O
O
N
ITI ..
'� a
x
U
t7 d
k
y
Z
Q
PD CL
00
O
a
O
U A
O U
A
O
w
O
w w
O O
a
A
N
w
U
w
O
w
O
w
O
w
O
N
U
U
PD O
� O
Z
z
Z z
z
z
z Z
Z
Z
00
O
O
N
W
N
N
►rJ O
a
a
a a
a
a
a a
s
a
o
0
0
0
0
o
O
y
W
C"
CrJ
C
SECTION 21 -51- UTILITIES
21 -51.01 - Comprehensive Plan Reference
The provisions of Section 21 -51 - Utilities are consistent with and implement the Comprehensive
Plan policies listed below:
a. Future Land Use Element - 5.4
b. Sanitary Sewer Element - 3.1
C. Potable Water Element - 3.4
21 -51.02 - General Requirements
a. All development shall comply with the appropriate sections of Article XI (Concurrency
Management System).
b. All new development shall be required to connect to the reclaimed water system, if available.
Upon review /recommendation by the Environmental Services Director, drylines may be
required in accordance with the master reclaimed water plan.
C. All new development projects shall connect to the City's water and sewer system.
d. The utility requirements for subdivisions are found in Article XIII.
e. All groundwater used in water -to -air heating and air conditioning systems must be directed
to landscape irrigation systems, groundwater injection or exfiltration systems.
f. All development projects shall generally comply with the SJRWMD water conservation
requirements.
g. All projects shall pay all City required impact and applicable fees prior to receiving a
Building Permit. All projects shall pay all County required impact fees prior to receiving a
Certificate of Occupancy.
h. All multifamily, commercial and industrial development projects shall be required to install
backflow preventors.
All multifamily, commercial and industrial development projects shall be required to locate,
and install as may be necessary, fire protection appliances pursuant to the criteria established
by the Fire Department.
j, The developer shall obtain approved plans from appropriate utility provider for street light
design.
k. Street lights shall be generally provided at all intersections, and at intervals along each street
of between 300 and 400 feet.
1. The City will request installation of street lights at the time that twenty -five percent (25 %)
of the lots in the recorded plat have been issued certificates of occupancy.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -3
21 -51.03 - Utility Easements
a. All new electric, telephone, fiber optics cable television and other such lines (exclusive of
transformers or enclosures containing electrical equipment) and gas distribution lines shall
be placed underground within easements or public rights -of -way pursuant to criteria
established by the City unless the TRC determines otherwise.
b. Lots abutting existing easements or public rights -of -way where overhead electric, telephone
or cable television distribution supply lines and service connections have previously been
installed, may continue to be supplied with such services using the overhead facilities.
C. When a developer installs or causes the installation of water, sewer, electrical power,
telephone, or cable television facilities and intends that such facilities shall be owned,
operated or maintained by a public utility, the developer shall transfer to such utility the
necessary ownership or easement rights to enable the utility or entity to operate and maintain
such facilities.
d. Except for fire protection appliances, all above ground apparatus placed shall be screened
from public view.
SECTION 21 -52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS
21 -52.01 - Comprehensive Plan Reference
The arrangement, character, extent, width, grade and location of all streets shall be considered in
their relation to existing and planned streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
The provisions of Section 21 -52 - Vehicle /pedestrian circulation are consistent with and implement
the Comprehensive Plan policies listed below:
a. Future Land Use Element - 5.4
b. Traffic Circulation Element - 1.5, 1.7 & 3.3
The regulations and requirements as herein set forth are intended to provide private and/or public
access to all parcels of land or development within the City and to control vehicular movements
thereof to facilitate safe vehicle and pedestrian patterns.
21 -52.02 - Access/Driveways
a. Prior to issuance of a building permit, all parcels, lots, or new development shall have access
to a dedicated public road or street, or to a private road or street which shall be developed to
the City standards for a public road or street as set forth in Section 21- 169.03.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -4
b. Access to corner lots shall be located a minimum of forty feet (40) from the intersection of
right -of -way lines on local streets and a minimum of one hundred feet (100') from the
intersection of right -of -way lines on all other streets.
C. For other than individual single family, or duplex, lots or parcels, the City shall have the
authority to require the creation, use and maintenance of common, joint -use driveways or
other common ingress /egress facilities which provide access to two (2) or more lots, parcels
or developments, when such joint use driveways are needed to protect, maintain or improve
public traffic safety. Creation of joint use driveways shall be by recorded legal agreement
provided that, in all cases the agreement must:
1. Hold the City harmless from any and all claims or potential liability; and
2. Be recorded in the public records of Volusia County, Florida prior to issuance of a
building permit; and
3. Must run with the lands involved and be binding on the parties to agreement, their
successors or assigns.
d. Adjacent (same side of the roadway) single family and duplex residential driveways shall be
paved including the apron and separated by a minimum of ten feet (10') as measured
driveway edge to driveway edge. No driveway shall be closer than five feet (5') to any lot
line or encroach into any side or rear easement.
e. Adjacent nonresidential driveways shall be separated by a minimum of forty feet (40') as
measured driveway edge to driveway edge, unless there is a recorded joint access agreement.
f. Opposing (opposite sides of the roadway) nonresidential driveways shall be offset or
separated to the maximum extent feasible from existing driveways, unless there is a recorded
joint access agreement.
g. To the extent reasonably possible, driveway access to non - residential land uses shall line up
with driveways across the street.
h. Nonresidential land uses or developments (including parking lots) shall not connect to, have
access to, or primarily use any local residential street, unless:
1. No other site access (including joint use driveways with other parcels) is possible.
2. All traffic, site, and environmental conditions of the subject site, street, and
neighborhood are, or will be suitable and compatible to accommodate the anticipated
traffic, environmental, and aesthetic impacts of the proposed nonresidential use or
development without significant adverse impacts to neighborhood and the City as a
whole. The site evaluation /traffic analysis report shall be submitted by the project
applicant for the City's review and approval.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -5
i. No driveway shall be located closer than six hundred sixty feet (660') to an intersection on
an arterial roadway and three hundred thirty feet (330') on collector roadways. Driveways
shall conform to FDOT turning radius standards.
21 -52.03 - Drive -Up Facilities Standards
All facilities providing drive -up or drive - through service shall provide on -site stacking lanes in
accordance with the following standards:
a. The facilities and stacking lanes shall be located and designed to minimize turning
movements in adjacent streets and intersections.
b. The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts
between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other
pedestrian access ways.
C. A by -pass lane shall be provided so that the full aisle width is provided for parking
maneuvers.
d. Stacking lane distance shall be measured from the service window to the property line
bordering the furthest street providing access to the facility.
e. Minimum stacking lane distance shall be as follows:
1. Financial institutions shall have a minimum of one stacking lane with a minimum
distance of two hundred feet (200'). Two, or more, stacking lanes may be provided
which together total two hundred feet (200').
2. All other uses shall have a minimum distance of one hundred twenty feet (120').
f. Alleys or driveways in or abutting areas designed, zoned, or developed for residential use
shall not be used for circulation of traffic for drive -up facilities.
g. Where turns are required in the exit lane, the minimum distance from any drive -up station
to the beginning point of the curve shall be thirty -four feet (34'). The minimum inside
turning radius shall be twenty -five feet (25').
h. Construction of stacking lanes shall conform to the specifications as required by the City
Engineer.
21 -52.04 - Sidewalks
A system of sidewalks shall be provided by the developer to provide safe movement of pedestrians
separately from motor vehicles unless waived by the TRC.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -6
a. Sidewalks shall be required on both sides of streets in all new development projects and in
front of redevelopment projects, in the dedicated right -of -way. (FIND Project is exempt due
to prior agreement.)
b. All sidewalks shall have a minimum width of four feet (4') and be separated by at least four
feet (4') from the road edge.
C. As an alternative, in residential areas, sidewalks may be provided within rear lot easements,
or common open space areas as part of an approved development plan.
SECTION 21 -53 - STORMWATER MANAGEMENT REQUIREMENTS
21 -53.01 - Comprehensive Plan Reference
The intent of this Section is to provide regulations that ensure post - development stormwater runoff
rates and volumes that do not exceed the pre - development rates and volumes. It is further the
purpose of this Section to prevent erosion sedimentation and flooding to the maximum extent
possible. The provisions of Section 21 -53 - Stormwater Management are consistent with and
implement the Comprehensive Plan policies listed below:
a. Future Land Use Element - 2.1 & 2.3
b. Recharge Element - 2.2
C. Coastal Zone Management Element - 4132 & 4C5
d. Conservation Element - 2.2
21 -53.02 - Permit Authority
No person may subdivide or make any changes in the use of land or construct or reconstruct a
structure or change the size of a structure, except as hereinafter exempted, without first obtaining a
stormwater permit from the City Engineer and/or the SJRWMD as provided herein. Pursuant to the
requirements of Chapter 471.025, FS, all plans and specifications required herein shall be signed and
sealed by a Professional Engineer licensed to practice in Florida.
The following activities may potentially alter or disrupt existing stormwater runoff patterns and shall
require a permit prior to the initiation of any project:
a. Clearance and/or draining of land as an adjunct to construction; or
b. Clearance and/or draining of nonagricultural lands for agricultural purposes; or
C. Subdivision of land; or
d. Replatting of recorded subdivisions; or
e. Changing the use of land, or construction of a structure or a change in the size of one
or more structures; or
f. Alteration of any surface water body shoreline; or
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -7
g. Filling of depression areas; or
h. Reduction of the water table; and
i. Conversion of agricultural lands to nonagricultural uses.
21 -53.03 - Exemptions
The following activities shall be exempt from the formal permitting procedures of this article:
a. Maintenance work on utility or transportation systems, if performed on established rights -of-
way or easements; provided such maintenance work does not alter the purpose and intent of
the system as constructed.
b. Maintenance work performed on mosquito control drainage canals.
C. Any maintenance, alteration, renewal, use or improvement to any existing structure not
changing or affecting the rate or volume of runoff.
d. The acceptance of a plat by the City Council in accordance with the subdivision regulations,
or approval of a site plan, shall be construed to include an approval of the stormwater
management system and a separate permit under this Section is not required. Subsequent
changes or additions not reflected by the accepted plat, or site plan, however, shall be subject
to the terms of this article.
e. Any maintenance, alteration, renewal, use or improvement to an existing structure that does
not increase the rate or volume of stormwater runoff. The City will recognize any exemption
given by the SJRWMD.
f. Construction of any new structure that consumes less than 1000 square feet of impervious
surface per parcel.
g. The City Engineer may authorize emergency actions without a permit when an applicant
presents reasonable evidence that such actions are necessary to prevent material destruction
of real or personal property.
21 -53.04 - General Design Standards
a. In general, the latest revision of the U.S. Department of Agriculture, Soil Conservation
Service's Technical Release No. 55 entitled "Urban Hydrology for Small Watersheds" shall
be used in the stormwater designs described herein. However, the City Engineer may
authorize the use of alternative methodology if similar results are produced.
b. The City's drainage summary form shall be submitted for all proposed development permits
not requiring a St. Johns River Water Management District (SJRWMD) permit.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -8
C. Innovative approaches to stormwater management shall be encouraged and the concurrent
control of erosion, sedimentation and flooding shall be mandatory.
d. On -site pollution abatement shall be provided for no less than one - half -inch runoff depth
over the entire project area.
Pollution abatement shall be provided through retention where the project soils allow the
process to occur. If one hundred percent (100%) of the retention volume is not capable of
evacuation within seventy -two (72) hours through percolation and evapo- transpiration,
detention with filtration shall be used.
Other alternative methods, such as wet detention with controlled bleed down, are acceptable
at the discretion of the City Engineer, provided a permit from the St. Johns River Water
Management District is obtained.
g. All project areas greater than one quarter (1/4) acre shall also calculate the retention volume
based upon the runoff generated from the first one inch (1 ") of rainfall and be calculated as
the total percentage of impervious surface, including pond surface area, multiplied by one
inch of rainfall. If the runoff depth does not exceed one half -inch, one -half inch shall be used
as the runoff value.
h. All filtration systems (underdrain or exfiltration) shall require as a minimum two (2) soil
borings that detail soil profile, seasonal high water table, and any pertinent percolation rates
at the filter site location. Soil borings and analyses shall be signed and sealed by a
Geotechnical Engineer registered in Florida.
All projects that qualify for SJRWMD Surface Water Management Permits pursuant to
Chapter 40C -42, FAC shall provide copies of the permit application and calculations to the
Planning and Development Department as part of the site review process. Final District
approval shall be granted prior to site plan approval or issuance of any construction permits.
The post - development discharge rate and volumes shall not exceed the pre- development rates
in a 100 year /3 day storm event for land - locked basins and 25 year /24 hour storm event for
a positive outfall basin.
k. All rainfall amounts shall be interpolated from the hydrograph contour in the latest version
of TR -55 for the particular area of the City.
1. The peak discharge rate from the developed or redeveloped site resulting from a 100 year
storm event shall not exceed the peak discharge rate resulting from a 100 year storm event
prior to development or redevelopment.
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) V -9
m. Runoff computation shall be based on the most critical situation and conform to acceptable
engineering practices.
n. Stormwater runoff shall be subjected to Best Management Practice prior to discharge into
natural or artificial drainage systems.
o. No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, or
reduce the natural retention or filtering capabilities of wetlands.
P. No site alteration shall allow water to become a health hazard or contribute to the breeding
of mosquitoes.
21 -53.05 - Site Attenuation Standards
a. Proposed stormwater management facilities must be designed by a Professional Engineer
registered in the State of Florida, and shall meet the minimum design performance criteria,
for both water quality treatment and attenuation, established by the St. Johns River Water
Management District (SJRWMD) within Chapters 40C-4,40C-40,40C-4 1, and 40C42, FAC
(or current chapters). Plans and computations shall be signed, sealed and dated with a
readable signature.
1. Stormwater management systems shall also include best management practices used
in the industry to minimize pollution, remove oils and suspended solids, and other
objectionable material contained within the stormwater runoff to acceptable limits.
The Florida Department of Environmental Protection's manual and the Florida
Development Manual: A Guide to Sound Land and Water Management shall be used
as best management practices.
21 -53.06 - Positive Outfall Standards
a. A positive drainage outfall system shall be provided which does not adversely impact
downstream owners or adjacent lands, nor redirect preexisting runoff to previously
unaffected lands. A drainage easement shall be for outfall systems on private property.
b. In the case of preexisting flooding downstream, the City Engineer may allow the relocation
of the natural outfall, if it can be shown that:
1. Redirection of water will help mitigate downstream flooding problems.
2. Land receiving new upstream discharge demonstrates the capability to handle
additional upstream discharge.
3. Owner of new receiving land presents an acknowledgment and acceptance of the
outfall flows.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -10
4. All runoff shall be treated to remove oil and floatable solids before discharge from
site.
5. All stormwater discharge to Class R Waters, principally the Indian River Lagoon,
shall meet the requirements of Chapter 17 -3, FAC.
6. The seasonal high water table shall not be reduced if adverse effects on wetlands or
increased flows to the detriment of neighboring lands result.
21 -53.07 - Shoreline Protection Standards
a. Vertical seawalls and bulkheads are prohibited, unless a variance is approved pursuant to the
requirements of Section 21 -100. Hardening of the estuarian shoreline shall be permitted only
when other stabilization methods are not practical and erosion is causing a significant threat
to real property. Permits from the Department of Natural Resources are required.
b. A 50 foot wide shoreline buffer zone upland from the mean high water mark along the Indian
River Lagoon is hereby established. Except as provided in subsection "c" below, the native
vegetation shall be maintained and no development shall be permitted.
All portions of the shoreline containing wetlands vegetation are subject to the requirements
of Section 21 -41.
d. No more than twenty percent (20%) or twenty -five feet (25'), whichever is greater, of the
shoreline within property boundaries may be altered for reasonable access. Reasonable
access may include docks, boat ramps, pervious walkways and elevated walkways.
21 -53.08 - System Maintenance Standards
Except for systems accepted for City maintenance, property owners and/or occupants shall
ensure that all stormwater facilities are maintained in proper working condition.
b. The property owners of private systems shall execute an access easement to permit the City
to inspect and, if necessary, to take corrective action should the owner fail to properly
maintain the system(s).
C. Should the owner fail to properly maintain the system(s), the City shall give such owner
written notice of the nature of the corrective action necessary.
d. Should an owner fail to complete corrective action within thirty (30) days of the written
notice from the City, the City may enter the parcel, complete the corrective actions and assess
the costs of the corrective action to the owner.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -1 1
e. All areas and/or structures to be maintained by the City must be dedicated to the City by plat
or separate instrument and accepted by the City Council upon a recommendation from the
City Engineer and Planner.
21 -53.09 - Stormwater Permit Application
a. Any person proposing to make any change in the arrangement of size of any structure or land
or to construct a new structure, except as exempted above, may furnish a completed
preliminary application form to the Planning and Development Department. No fee shall be
charged for preliminary application.
b. The preliminary application shall be filed by the owner /applicant in duplicate and shall
contain the following elements:
1. A location map; and
2. A statement expressing the intent and scope of the proposed project; and
3. A schedule of proposed improvements.
C. The preliminary application shall be reviewed by the City, in order to determine whether a
standard permit application shall be required. Within ten (10) working days after submission
of the preliminary application, the City will notify the applicant that either the project is
approved, is exempt, or a standard permit application must be filed for the project.
d. If a standard permit application is required for the project, the applicant shall furnish the
following information to the City and pay the fee established by resolution.
1. Detailed site plan prepared by a professional engineer or architect registered in the
state of Florida;
2. Topographic maps of the site before and after the proposed alteration, as prepared by
a professional engineer or land surveyor registered in the state;
3. General vegetation maps of the site of the site before and after the proposed
alteration; and
4. Construction plans, specifications, computations and hydrographs necessary to
indicate compliance with the requirements of this article, as prepared by a
professional engineer registered in the state of Florida. Construction plans shall be
readable with a minimum scale of one inch (1 ") equals thirty feet (30').
e. Any person proposing to construct a driveway which would cross a swale or ditch, or to build
any structure which might impede the intended flow of water through such swale or ditch
shall make application to the Building Official.
A construction permit shall not be issued until the proposed driveway or structure is
approved by the Environmental Services Director.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -12
g. The City shall not issue a Certificate of Occupancy unless the proposed work conforms to
the permit conditions.
21 -53.10 - Permit Decision Criteria
a. The City in approving or denying a permit application shall consider as a minimum, the
following factors as they may apply to the stormwater management performance standards
as set forth previously.
1. The characteristics and limitations of the soil at the proposed site; with respect to
percolation and infiltration;
2. Topographic maps of the site before and after the proposed alteration, as prepared by
a Florida registered Professional Engineer or Surveyor;
3. The existing vegetation map of the proposed site and the extent of vegetation changes
after development;
4. The impact the proposed project will have on the natural recharge capabilities on the
site;
5. The impact the proposed project will have on the downstream water quantity and
quality and specifically the potential for downstream flooding conditions;
6. The plans and specifications of structures or devices the applicant intends to employ
for on -site water retention detention, erosion control, and flow attenuation;
7. The effect the proposed water retention or detention structures will have upon
mosquito breeding habitat;
8. Phased projects shall require the submission of an overall plan for the applicant's
total land holdings; and
9. The adequacy of easements for the drainage system in terms of both runoff
conveyance and maintenance.
10. The impacts to existing wetlands.
b. Within fifteen (15) working days after submission of the completed permit application
package, the City shall approve, with specified conditions or modifications, or reject the
proposed plan and shall notify the applicant accordingly.
C. If the City has not rendered a decision within fifteen (15) working days after plan
submission, the Planning and Development Department must inform the applicant of the
status of the review process and the anticipated completion date.
d. If the plan is rejected or modified, the City Engineer shall state the reasons for rejection or
modification or delay.
e. If the applicant feels aggrieved due to rejection, modification or delay, he may request a
hearing before the City Council.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -13
21 -53.11 - Plan adherence
Upon approval of the preliminary or standard permit application, the applicant shall be
required to adhere strictly to the plan as approved. Any change or amendments to the plan
must be approved by the City Engineer in accordance with the procedures set forth above.
b. After the completion of the project, the applicant or his engineer shall submit as-built plans.
21 -53.12 - Enforcement
In addition to, or instead of, the enforcement remedies described in Article X, the City Engineer is
authorized to:
a. Issue written notice to the applicant specifying the nature and location of the alleged
noncompliance, with a description to bring into compliance within a reasonable specified
time; and/or
b. Authorize the issuance of a stop -work order directing the applicant or person in possession
to cease and desist all or any portion of the work that violates the provisions of this Section
if the remedial work is not completed within the specified time.
SECTION 21 -54 - LANDSCAPING REQUIREMENTS
21 -54.01 - Comprehensive Plan Reference
The intent of this Section is to improve the appearance of the community, to protect and improve
property values and to establish an integrated system of landscaping and horizontal corridors that
provide visual accessibility to businesses. The provisions of Section 21 -54 - Landscaping are
consistent with and implement the Comprehensive Plan policies listed below:
a. Future Land Use Element - 5.5
b. Traffic Circulation Element - 5.1
C. Recreation & Open Space Element - 2.1 & 2.2
This Section applies to all proposed development and redevelopment except single family and
duplex residential projects. New subdivisions are subject to the requirements of Article XIH.
21 -54.02 - Installation Standards
a. The property owner, occupant and/or agent shall be jointly and individually responsible for
the installation of required landscaping in conformance with accepted commercial planting
procedures.
b. The property owner, occupant and/or agent shall be responsible to ensure that all required
landscaping is maintained in a healthy condition, including but not limited to sufficient
watering and trimming.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -14
C. All plant materials used in conformance with the requirements of this Section shall be
Florida grade #1, as established, and periodically revised, by the Florida Department of
Agriculture and Consumer Affairs.
d. All landscaped areas shall be provided with an automatic landscape moisture sensitive
sprinkler system, low volume irrigation system or employ xeriscape technology.
Development sites of 10,000 square feet, or less, may use hose bibs.
e. Ground cover shall be planted so as to present a finished appearance and complete coverage,
under normal growing conditions, within twelve (12) months of installation.
f. Shrubs used to form hedges shall be non - deciduous species, shall be a minimum of twenty -
four inches (24 ") in height above the grade of the adjacent ground and shall be spaced to
form continuous visual screen thirty -six inches (36 ") in height above the grade of the
adjacent ground, under normal growing conditions, within twelve (12) months.
g. Grass areas shall be sodded, plugged, sprigged or seeded, except that sod shall be used in
road right -of -ways, swales, stormwater management areas and other areas subject to erosion.
h. Landscaped areas required by this Section shall not use either the trees listed in Table V -6
(page V -20) nor the plants listed in Table V -7.
TABLE V -7
PROHIBITED PLANTS
COMMON PLANT NAME
BOTANICAL NAME
Acacia
Acacia s
Air Potato Vine
Dioscorea bulbifera
Caster Bean
Ricinus communis
H drilla
H drilla verticillata
Kudzu Vine
Paeraria lobate
Mimosa
Albizia 'ulibrissin
Paper Mulberry
Broussonetia papyrifora
Rice Paper Plant
Tetra anex papyriferus
Rosewood
Dalber is sissoo
Taro
Colocasia esculenta
Water Hyacinth
Eichhornia sDD.
21 -54.03 - Parking Lot Landscaping Requirements
The requirements of this subsection shall apply to all new parking areas and parking areas that are
altered or improved when a site structure is enlarged. The requirements also apply when a change
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -15
of use occurs that requires the parking area to be altered.
a. A minimum ten foot (10') wide landscaped area shall be provided between vehicular use
areas and any adjacent public roadway.
b. All landscaped areas shall be protected from vehicular encroachment with effective wheel
stops or curbs.
C. Parking areas shall be designed so that in areas other then industrial zoned property no more
than ten (10) spaces in a row occur and shall have a minimum ten foot (10') landscaped
island in between.
d. Parking lots shall have a minimum of a five foot (5') landscape area abutting the stalls unless
abutting sidewalks.
The landscaping plan must be approved by the Planning Director.
21 -54.04 - Buffer Yard Determination Process
a. Determine the type of proposed land use.
b. Identify the type(s) of land uses adjacent to the proposed site on each side, except the side
on a public roadway, i.e., the front yard by definition.
C. Identify the land use intensity classification from Table V -8, i.e., Class I, II, III, IV, V or VI.
d. Determine the buffer yard classification from Table V -9, i.e., A, B, C or D. For example, a
Class III land use adjacent to a Class II land use requires a B buffer yard.
Select the desired buffer yard components for each perimeter of the site from the B buffer
yard options in Table V -10. For example, a project needing a B buffer yard has the following
options to meet the buffer yard requirement:
1. Install a 35 wide yard with 24 plants per 100 feet of boundary line, one tree for each
1500 sq. ft. of lot area and no wall; OR
2. Install a 20 foot wide yard with 32 plants per 100 feet of boundary line, one tree per
1500 sq. ft. of lot area and a 6 foot high masonry wall; OR
3. Install a 15 wide yard with 40 plants per 100 feet of boundary line, one tree per 1500
sq. ft. of lot area and a 6 foot high masonry wall.
A project could have different buffer yard requirements for each side depending upon the
adjacent land uses.
g. The buffer yard plan shall be included in the landscaping plan and subject to approval of the
Planning Director.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -16
TABLE V -8
LAND USE INTENSITY CLASSIFICATION
Class I
Class II
Class III
Class IV
Class V
Class VI
Single Family
Townhouses
Day Care - Children
Auto Service/Repair
Places of Assembly
N/A
A
B
or Adults
C
D
Class II
Duplex
Community
Manufactured
Eating &
Outdoor
Outdoor
Class III
Residential
Home Subdivisions
Drinking
Recreation
Storage
A
Homes
C
Establishments
B
N/A
Multifamily
Multifamily
Professional
Schools - Public
Warehouse &
Body Shops
Dwellings
Dwellings
Offices
Private
Distribution
D
less than 4
B
N/A
No spec.
units
Machine Shops
Institutional
Automobile Sales
I -1 Uses Not
I -2 Uses Not
Residential
Specified
Specified
Homes
Nursing
Retail - Not
BPUD uses not
IPUD uses not
Homes /ALF's
Specified
specified
specified
Bed &
Personal Service
Indoor Recreation
Breakfast
Establishments
Places of Worship
Hotels & Motels
RPUD
Medical, Dental &
Shopping Centers
Veterinary Clinics
Theaters
Mini - warehouse
B -3 & B -4 Uses
Not Specified
Marinas/Fish
TABLE V -9
BUFFER YARD CLASSIFICATIONS
Existing Land Use Intensity Class
From Table V -8
Proposed Land Use Intensity Class
From Table V -8
I
II
III
IV
V
VI
Class I
N/A
A
B
C
C
D
Class II
B
A
B
C
C
D
Class III
C
B
A
A
A
A
Class IV
C
C
B
N/A
N/A
A
Class V
D
C
C
N/A
N/A
N/A
Class VI
D
D
D
B
N/A
N/A
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -17
TABLE V -10
BUFFER YARD PLANTING OPTIONS
Table V -9 Buffer Class
Min. Buffer Yard Width Ft.
Plants/ 100 Ft.
Req. Screening
Req. Trees
Class A
20
20
None
(1)
15
27.5
None
(1)
10
37.5
None
(1)
Class B
35
24
None
(1)
20
32
(2)
(1)
15
40
(2)
(1)
Class C
50
30
None
(1)
40
40
(2)
(1)
30
r'
50
(2)
(1)
Class D
70
36
(2)
(1)
50
48
(2)
(1)
40
60
(2)
(1)
(1) One tree per 1500 sq. ft.
(2) 6 foot masonry wall plus required plantings and trees unless part of an approved Master Development Plan
21 -54.05 - Buffer Yard Installation Standards
a. Buffer yards shall be located at the perimeter of the building site and shall not be located in
any portion of an existing or proposed public street right -of -way.
b. When additional plants or trees are required for installation in areas with existing natural
vegetation, it shall be done to minimize disturbance to the native plants.
C. Fifty percent (50 %) of the required buffer yard plantings may be located on either side of a
required wall on the same parcel.
SECTION 21 -55 - TREE PROTECTION REQUIREMENTS
21 -55.01 - Comprehensive Plan Reference
The intent of this Section is to aid in the stabilization of soil by the prevention of erosion and
sedimentation; reduce stormwater runoff and the costs associated therewith and replenish
groundwater supplies. It is further the intent to aid in the removal of carbon dioxide and generation
of oxygen in the atmosphere; provide a buffer against noise pollution; provide protection against
damage from severe weather; aid in the control of drainage; and the restoration of denuded soil
subsequent to construction or grading. The provisions of this Section are also intended to provide
a haven for birds which in turn assist in the control of insects; protects and increases property values;
and conserves and enhances the City's physical and aesthetic environment.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -18
Policy statements implementing these intents were adopted in the Comprehensive Plan. The
provisions of Section 21 -55 - Tree Protection are consistent with and implement the Comprehensive
Plan policies listed below:
a. Future Land Use Element - 5.17
b. Recreation /Open Space Element - 2.1
21 -55.02 - Tree Removal Permit
a. Except as provided in Table V -6 (page V -20), it shall be unlawful to cut down, remove, or
effectively destroy through damaging, or to authorize the same, any tree defined in this article
(21- 55.02), twelve inches (12 "), or greater, Diameter at Breast Height (DBH) without a tree
removal permit.
b. It shall be illegal to remove or destroy any mangrove trees or stands, regardless of size,
without a Department of Environmental Protection (DEP) permit.
21 -55.03 - Exemptions
a. Notwithstanding any other provision of this Section to the contrary, any person may cut
down, destroy or replace or authorize removal of one or more trees, whose trunks lie wholly
within the boundaries of property owned by said person without paying a fee for a tree
removal permit if one, or more, of the following criteria are met:
1. The property is engaged in active silviculture uses as defined herein; or
2. The property contains trees which may have been determined by the Building
Department to be deteriorated as a result of age, hurricane, storms, fire, freeze,
disease, lightning or other natural acts; or
3. The trees are within an existing public or private right -of -way or maintenance
easement and requires action to maintain traffic visibility at intersecting public streets
or such other trees which may disrupt public utilities, such as powerlines, drainage
ways or other public needs.
b. Specimen trees in public or private rights -of -way or utility easements shall only be removed
upon the issuance of a tree removal permit. The tree so removed shall be replaced as
provided in Section 21- 55.08.
C. The property contains trees that are planted and grown for sale to the general public or
public purposes. All licensed plant or tree nurseries and botanical gardens are included in
this exemption.
d. Any tree listed in Table V -6 may be removed without a tree permit regardless of its location
and shall be prohibited from use in landscaping areas.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -19
TABLE V -6
PROHIBITED TREES
COMMON TREE NAME
BOTANICAL NAME
American Mulberry
Morus rubra
Australian Pine
Causuarina equisitifolia
Australian Pine
Casurina leipconpholia
Brazilian Pepper
Schinus terebinthifolia
Cajeput or Punk Tree
Melaleuca leucadendron
Camphor
Cinnamomum camphora
Chinaberry
Melia azedararach
Chinese Tallow
Sapium sebiferum
Ear Tree
Enterolobium cyclocarpum
Eucalyptus
Eucalyptus species
Jacaranda
Jacaranda acutifolia
Silk Oak
Grevillea robusta
Woman's Tongue
Albizia lebbeck
21 -55.04 - Historic Trees
Pursuant to Section 50 -71, Volusia County Code of Ordinances as amended, the following trees are
designated as Historic Trees within the City: Historic trees shall only be removed upon approval of
a Tree Permit granted by the City Council.
Common Name Botanical Name Inches (DBH)
Bald Cypress Taxodium distichum 36 plus
Live Oak Quercus vir iniana 36 plus
Any tree that may be designated a Florida State Champion, United States Champion or World
Champion by the American Forestry Association shall also be a Historic Tree.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -20
21 -55.05 - Specimen Trees
Specimen trees shall not be removed except as provided in Section 21 -55.03 or as part of an
approved development plan. Pursuant to Section 50 -71, Volusia County Code of Ordinances as
amended and the Stipulated Comprehensive Plan Agreement, the following trees are designated as
Specimen Trees within the City:
Common Name
Botanical Name
Inches (DBH)
Elm
Ulmus spp.
12 plus
Hickory
Ca rya spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Magnolia
Magnolia grandiflora
12 plus
Maple
Acer app.
12 plus
Other Oak Species
Quercus app.
12 plus
Red Bay
Persea borbonia
12 plus
Red Cedar
Juniperup silicicola
12 plus
Swamp Bay
Persea palustria
12 plus
Sweet Bay
Magnolia vir iniana
12 plus
Sweet Gum
Li uidambar st raciflua
12 plus
Sycamore
Platanus occidentalis
12 plus
Turkev Oak
Ouercus laevis
12 lus
21 -55.06 - Protection Standards
a. All site development projects shall provide legal mechanisms which insure the protection of
historic and/or specimen trees after construction has occurred on a site. Such mechanisms
may include, but not be limited to, conservation easements, common open space, tree
protection easements, deed restrictions and homeowner association documents. Pursuant to
the Stipulated Agreement, the minimum protection requirements for historic and specimen
trees are as follows:
Number of Trees
Minimum Protection
2.9 or less per acre or portion
100
perc ent of all such trees
3.0 to 5.0 per acre
80 perce
nt of all such trees
5.1 to 8.0 per acre
65 percent
of all such trees
8.0 plus ver acre
1 65 percent
of all such trees
b. All proposed development projects shall be required to include a tree survey by either a
licensed Surveyor, or Arborist, locating all Specimen Trees twelve inches (12 ") or greater
DBH on the site.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -21
C. All trees to be preserved shall be identified on site by harmlessly marking or banding.
d. All trees to be preserved shall have their natural soil level maintained. Tree wells and/or
planter islands shall be provided if necessary to maintain the natural existing soil levels. All
efforts shall be made to maintain the natural drainage of trees in the grading and drainage
plan.
e. Prior to construction, the developer shall erect protective barriers around all trees to be
preserved. These barriers shall be sufficient to prevent intrusion on that area within the drip
line of the canopy of the tree.
f. During construction, no signs, attachments or permits may be attached to any protected tree.
g. No existing or replacement trees shall be removed after a Certificate of Occupancy is issued.
21 -55.07 - Installation Requirements
a. Single - family, duplex and manufactured home lots shall have a minimum of one (1) tree per
2,500 square feet of lot area.
b. All development projects requiring site plan approval, shall contain a minimum of one (1)
tree for every 1,500 square feet of lot area.
C. If the lot contains an insufficient number of existing trees to meet these requirements,
replacement trees shall be provided as described in Section 21- 55.08.
d. On such sites where no trees exist, trees shall be planted to achieve a twenty -five percent
(25 %) crown cover in ten (10) years prior to issuance of Certificate of Occupancy.
e. A minimum of fifty percent (50 %) of the required minimum number of trees as required
above shall consist of existing on -site trees, if said trees are healthy and/or provide
significant tree canopy.
f. In the event it is impractical to install the required number of replacement trees due to lot
size, building configuration or other impediments, the Planning Department may:
1. Allow a forty percent (40 %) modification in the number required as long as the
overall caliper requirements are not exceeded; or
2. Allow the required trees to be planted on City property.
g. Trees planted on City property, adjacent to a development project, shall conform to Section
21- 55.08.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -22
21 -55.08 - Replacement and Relocation Standards
a. Existing trees may be relocated to suitable areas on same site in accordance with sound
industry practices.
b. All replaced, or relocated, trees shall utilize the provisions of the Tree Protection Manual For
Builders and Developers published by the Florida Department of Agriculture and Consumer
Services Division and shall be a minimum of 2.5 inches measured six inches (6 ") above the
soil line. Specimen trees shall be replaced at a one inch to one inch caliper DBH lost.
C. Relocated trees shall be planted in landscape buffer areas or parking island areas provided
with irrigation systems required by Section 21 -54.
d. All trees relocated, replaced, or required pursuant to the requirements herein shall be
replaced if they die within one (1) year after installation.
e. A developer wishing to substitute trees to those shown on an approved site plan, shall submit
an amended site plan to the TRC for its consideration pursuant to the requirements of Section
21 -54.
Areas of a development site may be designated as natural vegetation retention /detention areas
indicating that all existing vegetation shall remain undisturbed on the area site and be
approved by the Planning Director. Trees in such areas shall be sufficient size to meet the
minimum replacement size.
g. Replacement trees shall be spaced sufficiently apart to allow adequate growth room for the
species.
21 -55.09 - Enforcement
a. The Building Official or designee shall issue a stop -work order to any person found in the
act of cutting down, destroying, damaging or removing trees in violation of this Section.
b. Trees removed in violation of this Section must be replaced on a one inch per inch of caliper
at DBH lost. Specimen trees shall be replaced at a ratio of 2 inches per inch of caliper lost.
SECTION 21 -56 - PARKING/LOADING REQUIREMENTS
21 -56.01 - Comprehensive Plan Reference
Chapter 163.3202, FS requires adoption of land development regulations to include safe and
convenient off - street parking and loading provisions. The provisions of Section 21 -56 - Parking and
Loading Standards are consistent with and implement the Comprehensive Plan policies listed below:
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -23
a. Future Land Use Element - 4.4
b. Transportation Element - 1.8 & 5.3
21 -56.02 - Off - Street Parking Standards
a. All required off - street parking shall be located a minimum of ten feet (10') behind the right -
of -way line of the adjacent street and on the same parcel as the building which they are
intended to serve, unless a joint parking area agreement is executed as described in Section
21.56.04.
b. No building permit, zoning change, site plan, conditional use, planned unit development, or
occupational license application shall be approved unless the required number of spaces are
provided in compliance with the requirements herein, unless a variance has been approved.
C. Any land use that becomes non - conforming as to parking requirements upon adoption of this
Code shall be required to come into compliance if the use changes or the structure is
expanded by more than twenty percent (20 %).
d. The parking lot design standards are depicted in Table V -2 and Figure V -2A.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -24
TABLE V -2
Parking Lot Design Standards
Stall Angle /
Requirements (ft)
45
Dgres
50
Dgres
55
Dgres
60
Dgres
90
Dgres
180
Dgres
Offset - A
18'
16'
13'
10'
10'
10'
Space Width - B
12'
12'
13'
10'
10 1 *
10'
Space Depth - C
18'
18'
19'
20'
20'*
22'
Landscape Area - D
10'
10'
10'
10'
10'
S'
Aisle Width - E
13'
15'
16'
18'
24'
15'
Turning Area - F
17'
16'
15'
14'
14'
14'
Maneuver Depth - G
15'
Maneuver Radius - H
15'
*Note 2' overhang is permitted when parking stalls are curbed.
e. Maneuvering areas shall be designed to permit vehicles to enter and leave the parking area
in a forward direction.
f. Any vehicle backup areas shall be fifteen feet (15') deep and have a minimum fifteen foot
(15') turning radius.
g. Driveways shall be considered parking spaces on parcels located in AG, RR, R- 1, R -2, and
R -3 zoning districts. All driveways shall be paved including the aprons and shall be
constructed no closer than five feet (5') to any lot line, or encroach into any side or rear
easement.
h. When the parking calculations described in Table V -3 result in a fractional space, fractions
less than 1 /2 shall be disregarded and fractions greater than 1 /2 shall require a full space.
i. Each parking lot shall have direct access to a public street or legal easement as part of an
approved development plan.
All parking areas shall be landscaped as provided in Section 21 -54.
k. As a general rule, parking areas shall be hard - surfaced using any material approved by the
City Engineer.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -25
All site plans shall include FDOT standard traffic control signs and pavement markings
necessary to ensure safe traffic and pedestrian flow, including but not limited to, fire lanes.
M. All customer generated parking areas shall be used for vehicle parking only, with no vehicle
sales or any other sales activity, dead storage, non - emergency repair work, dismantling or
servicing of any kind, signage, or outdoor display unless expressly permitted elsewhere in
the article.
n. No door or pedestrian entrance at ground level shall open directly upon a driveway or access
aisle unless the doorway of the entrance is at least three feet (3') from said driveway or access
aisle, unless improvements are provided to allow for safe doorway access.
o. All parking spaces shall have lines between each space and shall have wheel stops, or
curbing, as provided below:
1. Wheel stops adjacent to landscaped areas shall be located 3' /z feet from the front end
of the stall to prevent encroachment into required landscape areas.
2. Wheel stops for stall not adjacent to landscaped areas shall be located 2 /z feet from
the end of the stall.
P. Public rights -of -way shall not be used to satisfy either the on -site parking or loading
requirements and shall not be used to store vehicles.
q. All projects shall contain fire lanes next to the principal structures in accordance with the
Life Safety code as determined by the Fire Chief.
FIGURE V -2A
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -26
TABLE V-3
OFF - STREET PARKING REQUIREMENTS
Land Use Category
S aces
Unit of Measure
Adult Living Facility
2
Each largest shift employee plus 1/5 beds
Assembly Places With Fixed Seats
1
per 4 seat plus 1 per employee
Assembly Places w/o Fixed Seats
1
40 SFGFA of main assembly area space
Auto Sales *
1
1
400 SFGFA plus
1 space for each vehicle for sale /lease
Auto Service/Repair
3
1
Service bay plus
200 SFGFA non bay area
Beauty /Barber Shops
1.5
per chair
Bed &Breakfast
1
per each room rented plus residential requirements
Community Residential Homes
1
Employee plus 5 visitor spaces
Convenience Stores
1
200 SFGFA
Day Care - Children or Adults
1
1
Employee plus a 5 space drop area plus
per 25 students
Eating & Drinking Establishment
1
1
4 Seats plus
per 2 employees
Financial Institutions
1
1
250 SFGFA on ground floor plus
200 SFGFA on other floors
Funeral Homes
1
2
4 Seats in main assembly area plus
business vehicle
Furniture, Appliance and Similar
1
1
250 SFGFA to 10,000 sq.ft.
plus500 SFGFA over 10,000 sq.ft.
Health/Fitness
1
150 SFGFA
Hotel/Motel
1
I
each bedroom unit plus
per 2 employees
Lab /Research Facilities
1
each employee
Machine Shop /Repair
1
400 SFGFA
Manufacturing - General
1
2 employees on laz est shift
Marinas/Fish Camps
1
4
Boat slip plus
4 boat trailer spaces per boat ramp plus any accessory requirements
Medical/Dental or Veterinary Facilities
1
2
Each employee plus
Examination rooms
Mini - warehouse
I
Per office
Residential, Institutional/Multi- Family
1.5
Unit plus 5% for visitors
Personal Service Not specified
1
300 SFGFA
Pool Hall/Billiards
2
1
per pool table plus
employee
Professional Offices
1
250 SFGFA
Recreation - Outdoor
- Indoor
1
1
1
Each employee plus
4 patrons capacity
400 SFGFA
Retail Not Specified
1
250 SFGFA
Schools - Other Than High School
- High School &
Community College
1
1
1
1
Each employee plus
4 spaces per instructional room
4 students plus
each employee
Single Family, Duplex & Mobile Homes
2
Unit
Shopping Centers
5
1000 SFGFA
Theaters
1
10 Seats
Warehouse, Storage & Similar
1
1000 SFGFA
*Auto Sales to have display parking requirements of 8'x16' all other parking 10' x 20'
Notes:
SFGFA = Square Feet of Gross Floor Area, i.e., the total floor area inside the outside walls of the structure(s)
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -27
21 -56.03 - Handicapped Parking Standards
a. In compliance with the requirements, Chapter 336, FS, each project shall provide the
following number of spaces:
Handicapped Space
Parking Spaces
1 pe r each 25 spaces
0 to 100 spaces
1 per each 50 spaces
101 to 200 spaces
1 per each 100 spaces
200 plus spaces
b. All handicapped spaces shall be twelve foot (12') by twenty foot (20') paved with light blue
painted spaces and shall be posted with a sign approved by the Florida Department of
Transportation.
21 -56.04 - Joint Parking Use Agreements
a. The Planning Director may authorize a reduction in the parking requirements for two, or
more uses, jointly providing off - street parking.
b. A reduction may be authorized in such cases if the developer submits sufficient data to
demonstrate that the hours of maximum demand for parking at the respective uses do not
normally overlap; or
The City shall have the authority to require the creation, use and maintenance of joint -use
parking and/or joint -use driveways or other common ingress- egress facilities for multifamily,
commercial and/or industrial uses.
d. A joint -use parking or access agreement shall be recorded in the public records of Volusia
County prior to issuance of a building permit and shall at a minimum include:
3. A statement holding the City harmless from any and all claims or potential liability;
and
4. Shall run with the land involved and be binding on the parties to the agreement, their
successors and/or their assigns.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -28
21 -56.05 - Loading Berth Standards
a. Table V -4 depicts the loading berth design standards.
b. All commercial and industrial uses shall provide the number of off - street loading and
unloading spaces described in Table V -5.
TABLE V -5
LOADING BERTH STANDARDS
Use Category
Floor Area (sq.ft.)
Berths Required
Retail and/or Service Uses
5000 to 24,999
One
25,000 to 59,999
Two
60,000 to 119,999
Three
120,000 to 199,999
Four
200,000 to 289,999
Five
290,000 plus
One /90,000 sq.ft
Storage or Wholesale Uses
5000 to 24,999
One
25,000 to 59,999
Two
60,000 to 119,999
Three
120,000 to 199,999
Four
200,000 to 289,999
Five
290,000 plus
One /90,000 sq.ft.
Places of Assembly, Hotels,
10,000 to 39,999
One
Motels, Office Buildings, Long
40,000 plus
One /60,000 sq.ft.
Term Health Care Facilities
Automotive, Recreation
2000 to 14,999
One
15,000 to 39,999
Two
40,000 plus
One /10,000 sq.ft.
Manufacturing Uses
0 to 14,999
One
15,000 to 39,999
Two
40,000 to 64,999
Three
65,000 plus
I One /80 000 s .ft.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -29
TABLE V -4
LOADING BERTH DESIGN STANDARDS
Where a building is used for more than one use or for different uses, the loading space
requirement shall be based on the use for which the most spaces are required.
d. All loading areas shall be paved.
e. All loading berths and maneuvering areas shall be separated from required off - street parking
facilities and shall include traffic flow directional information.
Delivery truck berths may be located within required parking spaces, provided they are
marked as reserved for loading purposes. Access aisles may serve both parking and loading
facilities.
g. All loading and delivery areas shall be designed to prevent backing into streets, pedestrian
ways or bikeways.
h. Loading berths shall be provided with a maneuvering space of not less than 40 feet in depth
for counter - clockwise traffic flow and one hundred feet (100') for clockwise flow.
SECTION 21 -57 - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21 -57.01 - Comprehensive Plan Reference
The provisions of Section 21 -57 - Planned Unit Developments are consistent with and implement
the Comprehensive Plan policies listed below:
a. Future Land Use Element - Objective 4; 5.8, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16
b. Coastal Zone Mgmt. Element - 2.A2, 5.2
C. Conservation Element - 1.4
d. Open Space & Recreation Element - 2.1
21 -57.02 - Residential Planned Unit Development (RPUD)
a. Purpose
The Residential Planned Unit Development (RPUD) District is intended to provide a flexible
approach for unique and innovative land development proposals, which would otherwise not
be permitted by this code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes, to the greatest extent possible. All RPUD
projects shall conform to the site plan requirements described in Section 21 -93.
Pursuant to Future Land Use Element Policy 5.12, a mixed use development project requires
a Future Land Use Map amendment. On completion of, or concurrent with, the amendment
process, the site must also complete the zoning map amendment process prior to site plan
approval.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -30
1. Provide a variety of housing types with a broad range of housing costs allowing for
the integration of differing age groups and socioeconomic classes;
2. Promote innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrian/bicycle facilities;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features, and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities, open spaces
and scenic areas;
6. Provide for other limitations, restrictions and requirements as deemed necessary by
the city to ensure compatibility with adjacent neighborhoods and effectively reduce
potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Residential Planned Unit Developments are considered
conditional and require Planning and Zoning Board approval. Permitted uses are
listed in Article III, Table III.
C. Density and Intensity
1. Variable up to 5.0 dwelling units per gross acre in areas designated Low Density
Residential on the Future Land Use Map.
2. Variable between 5.1 and 8.0 dwelling units per gross acre in areas designated
Medium Density Residential on the Future Land Use Map.
3. Variable between 8.1 and 12.0 dwelling units per gross acre in areas designated High
Density Residential on the Future Land Use Map.
4. Proposed residential projects containing between 50 and 250 dwelling units may
include internally oriented retail commercial uses to a maximum of 500 sq. ft. per
dwelling unit, provided the Floor Area Ratio for the commercial area of the project
does not exceed 0.3.
5. Proposed residential projects containing more than 250 dwelling units may include
internally oriented retail commercial uses to a maximum of 100 sq. ft. per dwelling
unit, provided the Floor Area Ratio for the commercial area of the project does not
exceed 0.3.
6. Proposed residential projects containing more than 250 dwelling units may include
office space uses to a maximum of 500 sq. ft. per dwelling unit plus internally
oriented retail commercial to a maximum of 20 percent of the developed gross
leasable office area, provided the Floor Area Ratio for both retail and office area of
the project does not exceed 0.3.
7. Medium and high rise residential projects shall not exceed a Floor Area Ratio of 0.4.
nor an Impervious Surface Ratio of 0.3.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -31
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21 -101. The Conceptual Development Plan shall contain the following:
1. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common /open space areas and their use, including any resource protection areas as
defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater /drainage master plan.
e. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21 -93.
21 -57.03 - Business Planned Unit Development (BPUD)
a. Purpose
The Business Planned Unit Development District is intended to provide a flexible approach
for unique and innovative land development proposals, which would otherwise not be
permitted by this code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes, to the greatest extent possible. All BPUD
projects shall conform to the site plan requirements described in Section 21 -93.
Pursuant to Future Land Use Element Policy 5.12, a mixed use development project requires
a Future Land Use Map amendment. On completion of, or concurrent with, the amendment
process, the site must also complete the zoning map amendment process prior to site plan
approval.
1. Provide for mixed use commercial, office and residential development such as
shopping centers, office parks, and multi- family residential developments;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a visually attractive environment through consistency of architectural
styles, landscaping designs and other elements of the built environment; and
6. Provide for requirements to ensure compatibility with adjacent neighborhoods and
effectively reduce potential adverse impacts.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -32
b. Permitted Uses
All uses in conjunction with Business Planned Unit Developments are considered conditional
and require Planning and Zoning Board approval. Permitted uses are listed in Article III,
Table III. If residential uses are provided, the residential floor area shall not be less than
forty percent (40 %) of the gross commercial floor area.
Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21 -101. The Conceptual Development Plan shall contain the following:
1. Lot layouts for commercial and residential development including lot areas and
widths, setbacks, building heights, lot coverage and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common /open space areas and their use including any resource protection areas as
defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21 -93.
21 -57.04 - Industrial Planned Unit Development (IPUD)
a. Purpose
The Industrial Planned Unit Development (IPUD) District is intended to provide a flexible
approach for unique and innovative land development proposals, which would otherwise not
be permitted by this code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes to the greatest extent possible. All IPUD projects
shall conform to the site plan requirements described in Section 21 -93.
Pursuant to Future Land Use Element Policy 5.12, a mixed use development project requires
a Future Land Use Map amendment unless it is located on a parcel designated as PID on the
Future Land Use Map. On completion of, or concurrent with, the amendment process, the
site must also complete the zoning map amendment process prior to site plan approval.
1. Provide for mixed use industrial development such as industrial office parks, aircraft
and marine related uses and limited commercial;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development;
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -33
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a coherent and visually attractive physical environment through
coordination and consistency of architectural styles, landscaping designs and other
elements of the built environment; and
6. Provide for other limitations, restrictions and requirements as deemed necessary by
the city to ensure compatibility with adjacent neighborhoods and effectively reduce
potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Industrial Planned Unit Developments are considered
conditional and require Planning and Zoning Board approval. Permitted uses are listed in
Article III, Table III.
C. Conceptual Development Plan
A Conceptual Development Plan shall be submitted prior to site plan approval. The
Conceptual Development Plan shall include the following:
1. The lots areas for Industrial and/or commercial development, including lot widths,
setbacks, building heights, building footprint and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements, all utility lines shall be installed underground;
5. Common /open space areas and their use including resource protection areas as
defined in Article IV; and
6. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21 -93.
Sections 21 -58 & 21 -59 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) V -34
ARTICLE VI
SIGN REGULATIONS
SECTION 21 -60 - GENERAL REQUIREMENTS
21 -60.01 - Purpose ................................................ ...............................
VI -1
21 -60.02 - General Provisions ............................ ...............................
VI -1
21 -60.03 - Permits .................................................. ...............................
VI -2
21 -60.04 - Prohibited Signs .................................. ...............................
......... VI -3
21 -60.05 - Exemptions ....................................... ...............................
VI -3
21 -60.06 - Variances .....................................................................
............................... VI -4
SECTION 21 -61 - ON -SITE SIGNS
21 -61.01 -Construction Signs ................................ ...............................
VI -4
21 -61.02 - Development Signs .....................................................
............................... VI -5
21 -61.03 - Pole Signs ....................................................................
............................... VI -5
21 -61.04 - Ground Signs ...............................................................
............................... VI -5
21 -61.05 - Projecting Signs ...........................................................
............................... VI -6
21 -61.06 - Real Estate Signs .........................................................
............................... VI -6
21 -61.07 - Shopping Center Signs ................................................
............................... VI -6
21 -61.08 - Wall Signs ...................................................................
............................... VI -7
21 -61.09 - Window Signs .............................................................
............................... VI -7
21 -61.10 - Subdivision Signs ........................................................
............................... VI -7
SECTION 21 -62 - OFF -SITE SIGNS
21 -62.01 - General ........................................................................ ............................... VI -7
21 -62.02 - City Franchise Signs .................................................... ............................... VI -7
21 -62.03 - Public Information Signs ............................................. ............................... VI -8
21 -62.04 - Off -Site Wall Signs ..................................................... ............................... VI -8
SECTION 21 -63 - TEMPORARY SIGNS
21 -63.01 - Portable Signs .............................................................. ............................... VI -8
21 -63.02 - Banner Signs ................................................................ ............................... VI -9
21 -63.03 - Political Signs .............................................................. ............................... VI -9
21 -63.04 - Special Event Signs ................................................... ............................... VI -10
SECTION 21 -64 - NON - CONFORMING SIGNS
21 -64.01 - Amortization .............................................................. ............................... VI -10
21 -64.02 - Removal .................................................................... ............................... VI -10
SECTION 21 -65 - SIGN AGREEMENTS
21 -65.01 - Agreement Process .................................................... ............................... VI -11
21 -65.02 - Agreement Criteria .................................................... ............................... VI -11
Sections 21 -66 through 21 -69 reserved for future use.
Article VI
-i-
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode)
ARTICLE VI
SIGN REGULATIONS
SECTION 21 -60 — GENERAL PROVISIONS
21 -60.01 - Purpose
The purpose of these sign regulations is to protect, preserve and improve the character and
appearance of the city and to provide ample opportunity to advertise in commercial and industrial
areas while preventing excessive advertising that would have a detrimental effect on the character
and appearance of those areas. It is further the intent to limit signs in residential and agricultural
areas to essential signs, primarily for the purpose of identification and information, in order to
protect the residential character and appearance of those areas. These regulations shall be the
minimum requirements necessary to accomplish these purposes and therefore to protect the public
health, safety and general welfare.
21 -60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
The name and address of the company or person installing any sign and the name and address
of the company or person maintaining any sign, the date of erection and the voltage of any
electrical apparatus shall be painted or printed conspicuously on every sign erected.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in
any public or private road, highway, driveway or parking area. Such light shall not shine
directly on or into any residential structure.
C. All signs shall be designed and constructed to withstand a wind load pressure of not less than
fifty (50) pounds per square foot of area, or as required by any applicable code or ordinance,
whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
(15') from any portion of such sign touching the ground and the area around ground sign shall
be kept free of any material that might constitute a fire or health hazard.
e. All signs permitted after February 1, 1997, shall permanently affix a weather resistant label
that includes the date of erection, the permit number, the name of the installer and the voltage
of any electrical apparatus.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -1
21 -60.03 - Permits
a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the City
Building Official has determined that the proposed sign substantially complies with the
requirements of this Article.
b. Application for a sign permit shall be on forms provided for that purpose by the City
Building Official and shall, at a minimum, contain the following information:
1. The name, address and telephone number of the applicant, the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
C. A drawing to scale, in duplicate, showing the size, height, location, structural details and
dimensions of the sign and sign structure; and
1. Two drawings to scale showing the position of the sign and any other existing
advertising structures in relation to the buildings or structures on the premises and
to the boundaries of the property; and
2. The signatures of the applicant and the owner of the property; or in the event the
owner is not available, written evidence of the owner's permission for the erection of
the sign; and
d. Such other information as may be necessary to demonstrate compliance with this Article
including, but not limited to, engineers' drawings.
e. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall
be deemed to comply with the wind load requirements of the Standard Building Code by
submission of plans and specifications to the Building Official.
The Building Official shall review each sign permit application within two (2) working days
of its submission and shall either issue the permit or provide the applicant with a written
statement of the reasons for denial.
g. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Regulation Board. Appeals of other sign related issues shall be made to the
City Council.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -2
21 -60.04 - Prohibited Signs
The following signs are prohibited in the City:
a. No person shall erect a sign on or over any public property or public right -of -way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
sign installed on public property shall be forfeited to the public and subject to confiscation
at the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City
of Edgewater.
Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated
devices, sandwich signs, moving signs, flashing signs, beacon light signs with moving or
alternating or traveling lights are prohibited, except as limited elsewhere in this Article. Time
and temperature signs and lighted moving message boards less than 35 square feet in area
shall not be subject to this prohibition.
d. Any freestanding or projecting sign within an area bounded by the intersection of two rights -
of -way and points thirty feet (30') from such intersections measured along the rights -of -way
except as permitted elsewhere in this Article.
e. Pursuant to Chapter 316.077, FS, no sign shall be permitted which is an imitation of, or
resembles an official traffic control device.
21 -60.05 - Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the property address and
occupant's name.
b. Legal notices posted by authorized persons of a governmental body.
Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property, provided that such sign shall contain no advertising material and shall not exceed
4 square feet in total area. The letters shall not exceed eight inches (8 ") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
d. Identification signs, information signs or traffic control devices erected by any governmental
body. In addition, emergency warning signs erected by a government agency, private utility
company or a contractor doing authorized or permitted work within a public right -of -way.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -3
e. Wall graphics may be an integral decoration of a building, but shall not include letters,
trademarks, moving parts or moving lights and shall not cover more than thirty percent
(30%) of any single wall surface area.
f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease
or rent by the owner or his authorized agent.
g. The flag of the United States shall be displayed in accordance with the protocol established
by the Congress of the United States for Stars and Stripes. All other flags shall conform to
the requirements of Section 21 -61.
h. Holiday lights and decorations with no commercial messages between November I" and
February I s' .
i. Works of art that do not include a commercial message.
j. Two open house flags, not exceeding fifteen (15) square feet in area, displayed during
inspection times for model residences.
k. Convenience and bus benches with printed signs, provided the benches are constructed and
placed pursuant to the terms of a license agreement or contract with the City.
21 -60.06 - Variances
Any variance to the strict application of the requirements of this Article may be granted by the
Planning and Zoning Board in conformance with the requirements of Article IX. However, no
variance shall be granted to allow the established square footage to be exceeded or to allow a sign
prohibited by Section 21- 60.04.
SECTION 21 -61 - ON -SITE SIGNS
21 -61.01 - Construction Signs
a. One construction sign, including the names of persons or firms furnishing labor, services or
materials to the construction site, shall be allowed for each project where a building permit
has been obtained for the project.
b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy.
C. No such sign shall exceed thirty -two feet (32') in area.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI4
21 -61.02 - Development Signs
a. One sign, not to exceed sixty -four (64) square feet in area for nonresidential projects or forty -
eight (48) square feet in area for residential projects, may be permitted on each site for which
a site plan, or subdivision plat, has been approved.
b. A development sign permit may be issued for no longer than one (1) year. However, the
Building Official may renew the permit, if it is determined that promotion of the site is still
active.
21 -61.03 - Pole Signs
a. Pole signs shall be limited to two (2) square feet of addressed building frontage and shall not
exceed 60 square feet, except as provided in Section 21- 61.07.
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9')
clearance above the ground or sidewalk.
Except for shopping centers as described in Section 21- 61.07, there shall be only one (1)
pole, or ground, sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21 -62, a pole sign shall only be used to advertise a business
on the same site.
21 -61.04 - Ground Sign
a. Ground signs shall be limited to two (2) square feet of addressed building frontage and shall
not exceed sixty (60) square feet, except as provided in Section 21- 61.07.
b. Ground signs shall be a maximum of ten feet (10') high and shall be located in a landscaped
area.
Except for shopping centers as described in Section 21- 61.07, there shall be only one (1)
ground, or pole, sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21 -62, a ground sign shall only be used to advertise a business
on the same site.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -5
21 -61.05 - Projecting Signs
A projecting sign shall not extend more than four feet (4') beyond the surface of the building
to which it is attached.
b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per story
in the building.
There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign
and the ground surface or sidewalk.
21 -61.06 - Real Estate Signs
a. A non - illuminated sign advertising the sale or lease of a business or parcel on which the sign
is located shall be permitted in any zoning district.
b. The maximum sign size shall be thirty -two (32) square feet.
21 -61.07 - Shopping Center Signs (Commercial Centers)
a. Ground, or pole signs, for shopping centers may be constructed subject to compliance with
the criteria described below. No other signage shall be permitted for these uses.
Sign Criteria
Parcel Width Less
Parcel Width Greater
Than 150 Ft.
Than 150 Ft.
Number of Signs per
One
Two
Parcel
Maximum Allowable
100 sq.ft per side
Anchor Structure Sian
Area of All Signage On
200 sq. ft. total
100 sq.ft per side
the Site
200 sq. ft. total
Tenants Sian
100 sq.ft per side
200 sq. ft. total
Maximum Height Above
Poles — 20 feet
Poles — 20 feet
Ground
Minimum Clearance From
Poles — 9 feet
Poles — 9 feet
Ground
Area Allowed For Center
20 percent maximum
20 percent maximum
Name
Area Allowed For Tenants
80 percent minimum
80 percent minimum
Name
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -6
21 -61.08 - Wall Signs
a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1)
linear foot of addressed business frontage, not to exceed sixty -four (64) square feet.
b. The area of a wall sign shall be calculated by summing the area of each letter and the
corporate logo in the sign.
21 -61.09 - Window Signs
The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent
ground shall not be covered by opaque signage.
21 -61.10 - Subdivision Signs
A maximum one hundred (100) square foot in area ground sign identifying a subdivision may be
located at each subdivision entrance.
SECTION 21 -62 - OFF -SITE SIGNS
Off -site signs that advertise products or businesses located at a site other than the location of the
business, are deemed by this Article to constitute a separate use. The control and regulation of the
display of such advertising deemed to be appropriate to the character and surrounding development
shall be considered. It is intended that such advertising be confined to certain commercial and
industrial properties.
21 -62.01 - General Requirements
All off -site signs shall require approval by the City Council upon a recommendation from the City
Building Official.
a. Off -site signs shall be limited to twelve (12) square feet in area and shall not be located
closer than one thousand feet (1,000') to another off -site sign.
b. All off -site signs shall generally conform to the Standard Building code construction
requirements.
21 -62.02 - City Franchise Signs
The City Council may approve off -site signs for certain franchise agreements. The criteria for
approval of off -site selection shall be consistent with the conditions contained in the Sign Franchise
Agreement and shall be subject to City Council approval. Minimum standards include:
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -7
a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface
of a public right -of -way, unless approved by the City Engineer.
b. Signs bearing public information, as designated by the City Manager, may be placed in any
zoning district.
C. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a
maximum height of sixteen feet (16).
21 -62.03 - Public Information Signs
Public information signs containing no commercial message, which are no greater than four (4)
square feet in area may be located anywhere in the City.
21 -62.04 - Off -Site Wall Signs
City Council may approve off -site wall signs subject to the following:
a. The business /development has no other off -site signs.
b. Signs shall not exceed thirty -two (32) square feet each.
C. No more than one (1) wall signs per each side of the building with a maximum of two (2)
signs per building.
d. The total square footage allowed for all wall signs per building shall not be exceeded
pursuant to Section 21- 61.08.
e. Off -site wall signs are temporary and will be permitted for six (6) months.
SECTION 21 -63 - TEMPORARY SIGNS
21 -63.01 - Portable Signs
a. The Building Official may issue a portable sign permit to a business for a maximum of thirty
(30) days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty -two (32) square feet.
C. Only one (1) sign shall be permitted on a parcel at any one time.
d. A sign shall not occupy any required parking space nor restrict on -site traffic flow.
Rev. 7/00 ( PolicesProcedures /L.andDevelopmentCode) VI -8
e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public
right -of -way.
Portable signs shall not have flashing or moving lights and shall not be affixed to another
sign or structure for the purpose of making it a permanent sign.
21 -63.02 - Banner Signs
a. The Building Official may issue only one (1) banner sign per street frontage at a time on a
given parcel, for a special event such as grand openings.
b. Banner signs shall not be permitted in residential zoning districts and the B -4 district.
The maximum sign area shall be thirty -two (32) square feet.
d. Banners may display business or product logos and generic messages, but not specific sales
information.
Banners may be erected up to seven (7) days prior to the event, shall be removed within two
(2) days after the event and shall be limited to ten (10) days per event two (2) times per year.
The City Council may approve banners that do not comply with these requirements for
citywide functions.
21 -63.03 - Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed
within ten (10) days after the advertised candidate has been finally elected or defeated or the
advertised issue finally decided. A sign may remain through any primary or run -off election
as to any candidate who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
Signs shall not be placed in any public right -of -way, on any public property, attached to any
utility pole nor attached to any tree.
d. Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
Signs placed on vacant lots shall have written permission from the owner and a copy shall
be supplied to the Building Department.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -9
f. Political campaign signs shall not exceed eight (8) square feet in area.
g. Upon determination of the City Building Official, illegal signs shall be removed within
twenty -four (24) hours after notification to the applicant. However, no notification shall be
required for removal twenty -four (24) hours prior to, or on election day.
h. The City shall retain removed illegal political campaign signs for five (5) working days after
notification before their destruction. An applicant may retrieve the signs during this period.
21 -63.04 - Special Events Signs
Sign permit applications for special athletic, civic, or charitable events located in or across right -of-
ways shall be submitted to the Building Official for the City Council's action at their next available
meeting.
SECTION 21 -64 - NON - CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal nonconforming sign. Such signs may be continued subject to the conditions
described below.
21 -64.01 - Amortization
a. No nonconforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs, or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51 %) of
the replacement cost of such sign.
b. All nonconforming signs shall be removed, or made to conform with this Article, no later
than February 14, 2004. In the interim, said sign shall be maintained in good repair, subject
to the conditions above.
C. Failure to remove nonconforming signs by February 14, 2004 may subject the sign owner to
the code compliance provisions of Article X. In this regard, a sign owner may enter into a
sign agreement as described in Section 21 -65.
21 -64.02 - Removal
a. An obsolete, or deteriorated sign, shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty
(30) days of written notification by the Building Official.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) V1 -10
b. Upon failure to comply with such notice, the Building Official shall cause the sign to be
removed at the owners expense, including any interest that may have accrued.
C. Failure to pay such costs within thirty (30) days of the written notification of the removal
costs shall create a lien against the sign owner in favor of the City.
SECTION 21 -65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
and/or non - conforming signs into compliance without adjudication by the Code Enforcement Board
or the court system.
21 -65.01 - Agreement Process
a. An applicant shall complete a form to be developed by the Planning and Development
Department (PDD) and shall provide a draft sign agreement that includes the criteria
described in Section 21- 65.02.
b. The applicant shall submit the required material to the PDD not less than forty -five (45) days
prior to the Planning and Zoning Board (P &Z) meeting at which the applicant wishes
consideration.
C. The P &Z shall conduct a public hearing after providing the following public notice:
1. Direct mail notice to all property owners of record within one hundred fifty feet
(150') of the proposed sign location.
2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting.
d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next
available City Council meeting.
e. The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty (30) days,
unless the applicant agrees to additional time.
21 -65.02 - Agreement Criteria
At a minimum, the sign agreement shall include:
a. The name, address and phone number of the applicant.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -11
b. The name, address and phone number of the existing sign site property owner.
Any appropriate site drawings and plans.
d. A timetable for removal of the existing sign.
e. Any proposed site mitigation activities
f. The signature of the applicant
g. The signature of the proposed site property owner
h. The signature of the appropriate city official.
Sections 21 -66 through 21 -69 reserved for future use.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VI -12
ARTICLE VII
NON - CONFORMING USES
SECTION 21 -70 - PURPOSE ................ ............................... VII
SECTION 21 -71 - NON - CONFORMING USES
21
71.01-
Intent ...................... ...............................
VII-1
21
-71.02
- Non - Conforming Structures .... ...............................
VII -2
21
-71.03
- Non - Conforming Lots of Record ...............................
VII -2
21
-71.04
- Non - Conforming Lots ........ ...............................
VII -2
21
-71.05
- Non - Conforming Mobile Home Parks ...........................
VII-3
SECTION 21 -72 - VARIANCES
21 -72.01 - Purpose .................... ............................... VII-4
21 -72.02 - Initiation ................... ............................... VII -4
21 -72.03 - Application Procedures ....... ............................... VII4
21 -72.04 - Standards for Granting Variances .............................. VII -5
21 -72.05 - Limitations on Granting Variances ............................. VII -6
21 -72.06 - Appeals from the Planning & Zoning Board ...................... VII-6
Sections 21 -73 through 21 -79 reserved for future use.
Article VII
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE VII
NON - CONFORMING USES
SECTION 21 -70 - PURPOSE
The purpose of this Article is to regulate and limit the continued existence of lots, signs and
structures that were lawfully established prior to the effective date of this code but do not conform
to the provisions of this Code. Nonconformities may continue, but the provisions of this Article are
intended to curtail substantial investment in nonconformities and to bring about their eventual
elimination.
SECTION 21 -71 - NON - CONFORMING USES
21 -71.01 - Intent
a. Authority to Continue. Nonconforming uses of land or structures may continue in
accordance with the provisions of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of structures
containing nonconforming uses may be performed.
C. Expansions. Nonconforming uses shall not be expanded. This prohibition shall be
construed so as to prevent the enlargement of nonconforming uses by an addition to the
structure housing the nonconforming use or by the occupation of additional land.
d. Relocation. The structure housing a nonconforming use may not be moved unless the entire
structure and use shall thereafter conform to the requirements of this Code.
e. Change in Use. A nonconforming use shall not be changed to any other use unless such use
conforms to the provisions of this Code. A change in use shall mean a substantial change
in character involving activities that result in different external impacts. A change only in
the items offered for sale or manufactured or a change in the business name shall not
constitute a change in use.
f. Termination.
1. Abandonment or Discontinuance - when a nonconforming use is discontinued or
abandoned for six (6) months, then the nonconforming use may not be restored.
2. Damage or Destruction - if a structure housing a nonconforming use is damaged or
destroyed to the extent of fifty percent (50 %) or more of the assessed value of the
structure, then the nonconforming use of the structure may not be restored.
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) VII -1
21 -71.02 - Non - Conforming Structures
a. Authority to Continue. A permitted use located in a nonconforming structure may continue
in accordance with the provision of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming
structures may be performed.
c. Expansions. Any expansion of a nonconforming structure shall be in conformance with the
provisions of this Article. This shall not prevent expansion as long as the nonconformity is
not increased. A nonconforming structure may be altered or enlarged into a required setback
which already contains an encroachment as long as the existing setback is not reduced
further.
d. Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
e. Termination Upon Damage or Destruction. Any part of a nonconforming structure that
is damaged or destroyed to the extent of fifty percent (50 %) or more of the assessed value
of said structure shall not be restored unless that part conforms to the provisions of this Code.
21 -71.03 - Non - Conforming Lots of Record
Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall be
considered legally nonconforming if the lot has a width of at least forty (40) feet and an area of at
least three thousand six hundred (3600) square feet. Any lot created between June 17, 1974, and the
effective date of this Code shall be considered legally conforming only if the lot met the
requirements in effect as of the date the lot was created.
21 -71.04 - Non - Conforming Lots
a. In any district, principal permitted structures and customary accessory buildings may be
erected on any legally nonconforming lot of record or lot rendered nonconforming through
the exercise of eminent domain.
Such lot shall be in separate ownership and not be contiguous to other lots in the same or
substantially the same ownership. This provisions shall apply even though such lot fails to
meet the requirements of this Article for area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements other than those applying to area,
width, depth or frontage shall conform to the requirements of this Article.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) VII -2
Variance of yard dimensions and requirements other than those applying to area, width,
depth, and frontage shall be obtained only through action of the Planning and Zoning Board.
If however, the lot has no frontage, then proof of recorded legal ingress and egress
acceptable to the City Attorney must be furnished before a development order will be issued.
b. If a nonconforming lot is contiguous to another lot in the same or substantially the same
ownership, such lots shall be considered to be an undivided parcel for the purposes of this
Article.
C. The existence of a roadway dividing a parcel of land shall not determine whether the parcel
is considered to be two separate lots. Each portion of the parcel must have a separate legal
identity in order for the parcel to be considered two separate lots.
d. All new dwellings built upon nonconforming lots of record shall be placed upon such lots
in accordance with the following requirements when adjacent buildings have existed and
have been listed on the tax rolls before July 17, 1974:
1. In subdivisions where dwellings have been placed on two (2) lots, the new dwellings
can be built on the two (2) or more lots. Similarly, where dwellings have been placed
on single lots, the new dwellings can be placed on single lots.
2. New dwellings shall be placed so as to conform to the front setbacks of existing
dwellings on the same street.
3. The side setbacks for new dwellings shall be ten percent (10 %) of the width of the
lot, except that no such side setbacks shall be less than five feet (5').
4. For pie- shaped lots, the side setbacks shall be ten percent (10 %) of the figure reached
by adding the width of the front and back of lot together and dividing by two (2),
except that no such side setback shall be less than five feet (5').
21 -71.05 - Non - Conforming Mobile Home Parks
There exists within the City of Edgewater, Florida, non - conforming mobile home parks, formerly
zoned MH -S.
The non - conforming mobile home parks now existing within the City of Edgewater, Florida, to wit:
Anchor Garage Trailers, Blue Gables Trailer Park, Carter's Trailer Park, Edgewater Mobile Home
Park, Friendly Shores, Pyramid Mobile Park, Riverview Pines and Wolfe's Driftwood Village, shall
be hereafter classified as being with the MH -1 zoning classification and shall comply with the
following provisions:
a. The mobile home parks as set forth above shall hereafter be allowed to operate in their
present number of mobile home spaces and all permanent structures now located in the
respective mobile home parks.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) VII -3
b. In the event that any of the mobile home parks as set forth above shall desire to expand the
use of said parks, the owners of said parks shall be required to conform to all of the
requirements regulating mobile home parks within the City of Edgewater, Florida, at the time
of the proposed expansion for the use.
C. Minimum setback for nonconforming mobile home parks.
New or replacement mobile homes in existing nonconforming mobile home parks shall meet
the following setbacks. No setback encroachment shall be permitted for accessory structures
such as screen rooms, porches, carports, sheds or other improvements attached to the mobile
home.
Front and side corner: Twenty feet from the edge of street pavement.
Side: Ten feet from adjacent mobile homes, accessory structures, and park property lines.
Rear: Fifteen feet from adjacent mobile homes and accessory structures. Accessory
structures shall maintain a ten -foot setback from adjacent mobile homes, accessory
structures, and park property lines.
SECTION 21 -72 - VARIANCES
21- 72.01 - Purpose
The Purpose of this Section is to provide a mechanism for authorizing variances from the provisions
of this Article. Variances are intended to provide relief, not contrary to the public interest, in those
circumstances where as the result of special conditions pertaining to the parcel under consideration
the literal enforcement of this Article will result in unnecessary hardship to the applicant.
21 -72.02 - Initiation
A written application for a variance shall be initiated by the owner, the owner's designated agent or
any person having contractual interest in the property for which relief is sought.
21 -72.03 - Application Procedures
The Planning and Zoning Board (hereinafter P &Z) shall have authority to grant variances from the
area, setback, frontage, height, bulk or intensity requirements of this Article in accordance with the
standards and procedures set forth in this Section.
a. An application for a variance shall be filed with the Planning Department accompanied by
a non - refundable fee as established by resolution of the City Council. The application shall
be in such form and shall contain such information and documentation as shall be prescribed
from time to time by the Director, but shall contain at least the following:
1. Applicant's name, address and telephone number.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) VII -4
2. A copy of the most recent deed recorded in the Public Records of Volusia County for
the property under consideration.
3. A recent survey reflecting all improvements and conditions of the property.
4. A description of the variance sought and the section of this Article from which a
variance is requested.
5. The purpose for the requested variance and a statement of the intended development
of the property if the variance is granted.
6. Statements addressing each of the standards for granting variances set forth in
Section 21- 72.04.
b. Within five (5) working days after receipt of an application, the Director shall determine
whether the application is complete. If the Director determines that the application is not
complete, they shall inform the applicant in writing of the application's deficiencies. No
further action shall be taken on the application unless the deficiencies are remedied.
C. Within thirty (30) working days after the Director determines an application is complete, it
shall be reviewed and a recommendation shall be submitted to the P &Z.
d. Upon notification that an application for a variance is complete, the P &Z shall place the
application on the agenda of the next available regular meeting for a public hearing. In
reviewing the application for variance approval, the P &Z shall consider the standards set
forth below, the applicant's statements addressing each of the standards and the
recommendation of the Director.
e. Within a reasonable time after the hearing, the P &Z shall issue its written decision,
approving, approving with conditions, or denying the variance.
21 -72.04 - Standards for Granting Variances
The P &Z shall not grant a variance unless the applicant presents competent substantial evidence to
demonstrate that all of the following criteria are met. Upon the completion of the hearing, the P &Z
shall make specific findings of fact based directly upon the particular evidence presented supporting
written conclusions that:
a. The variance requested arises from a condition that is unique and peculiar to the land,
structures and buildings involved and is a condition that is not ordinarily found in the same
zoning district.
b. Strict compliance with area, setback, frontage, height, bulk, and/or intensity requirements
would result in unnecessary hardship for the applicant as distinguished from restrictions
imposed by this Article on all other property in the same zoning district.
C. The condition is not the result of the actions of the applicant or the property owner.
d. Granting of the variance will not create unsafe conditions nor other detriments to the
surrounding properties or public welfare.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) VII -5
e. The variance granted is the minimum variance that will make possible the reasonable use of
the land or structures.
f. The variance desired will not be opposed to the general spirit and intent of this Article and
the City of Edgewater Comprehensive Plan.
21 -72.05 - Limitations on Granting Variances
Variances shall not be granted that would:
a. Permit the use of land or a structure contrary to the use provisions of the Zoning Ordinance.
b. No variance shall be valid for a period longer than twelve (12) months unless a building
permit is issued.
21 -72.06 - Appeals from the Planning and Zoning Board
a. Any person aggrieved by a decision of the P &Z may appeal such decision to the City Council
by filing a written request with the City Manager within thirty (30) days after the rendition
of the decision by the P &Z. Such request shall be accompanied by a non - refundable fee as
established by resolution of the City Council.
b. The request shall be placed on the agenda of a regularly scheduled meeting for a public
hearing. Such appeal shall be a hearing de novo.
C. The City Council shall not grant a variance unless the applicant presents competent
substantial evidence to demonstrate that all of the standards set forth in Section 21.72.04 are
met. During the hearing, the City Council shall consider the decision of the P &Z, the
statements of the applicant addressing the standards and the recommendation of the Director.
d. Within ten (10) days after the hearing, the City Council shall issue its written decision
approving, approving with conditions, or denying the variance.
Sections 21 -73 through 21 -79 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) VII -6
ARTICLE VIII
ADMINISTRATION
SECTION 21 -80 - PURPOSE ................ ............................... VIII -1
SECTION 21 -81 - CITY COUNCIL
21 -81.01 -Authority Relative to This Code ............................... VIII -1
SECTION 21 -82 - CITY MANAGER ......... ............................... VIII -2
SECTION 21 -83 - CITY ATTORNEY ........ ............................... VIII -2
SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE
21 -84.01 - Purpose .................... ............................... VIII -3
21 -84.02 - Membership ................ ............................... VIII -3
21 -84.03 - Meetings ................... ............................... VIII -3
21 -84.04 - Powers & Duties ............. ............................... VIII -3
SECTION 21 -85 - PLANNING & ZONING BOARD
21 -85.01 - Purpose .................... ............................... VIII -3
21 -85.02 - Membership ................ ............................... VIII -3
21 -85.03 - Meetings ................... ............................... VIII -4
21 -85.04 - Powers & Duties ............. ............................... VIII -4
SECTION 21 -86 - CODE ENFORCEMENT BOARD
21 -86.01 - Purpose .................... ............................... VIII -5
21 -86.02 - Membership ................ ............................... VIII -5
21- 86.03- Meetings ................... ............................... VIII -6
21 -86.04 - Jurisdiction ................. ............................... VIII -7
21 -86.05 - Powers .................... ............................... VIII -7
21- 86.06- Procedures ................. ............................... VIII -8
SECTION 21 -87 - CONSTRUCTION REGULATION BOARD
21-
87.01-
Purpose .................... ............................... VIII -8
21
-87.02
- Membership ................ ...............................
VIII -8
21
-87.03
- Meetings ................... ...............................
VIII -9
21
-87.04
- Powers & Duties ............ ...............................
VIII -10
21-
87.05-
Appeals ................... ...............................
VIII -10
Sections 21 -88 through 21 -89 reserved for future use.
Article VIII
-i-
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode)
ARTICLE VIII
ADMINISTRATION
SECTION 21 -80 - PURPOSE
The purpose of this Article is to identify the principal City staff and advisory bodies involved in the
administration of this Code. Since the overall objective of the Land Development Code is to
integrate the administrative responsibilities with the regulatory requirements, it is necessary to
reauthorize the City staff and advisory bodies to ensure their authority and duties are clearly
established within Chapter 21 of the City Code.
SECTION 21 -81 - CITY COUNCIL
21 -81.01 - Authority Relative To This Code
The City Council's authority and duties relative to Chapter 21, the Land Development Code are as
follows:
a. To initiate, review and adopt amendments to the Comprehensive Plan of the City of
Edgewater.
b. To initiate, review, and adopt amendments and hear appeals to this Land Development Code.
C. To initiate, review and adopt amendments to the Official Zoning Map.
d. To review and grant or deny applications for subdivision plats.
e. To hear and decide appeals of a decision of the Planning and Zoning Board regarding
conditional uses.
f. To hear and decide appeals of a decision of the Planning and Zoning Board regarding
variances.
g. To review and grant or deny applications for development agreements.
h. To review and grant or deny applications for annexation.
To review and grant or deny applications for right -of -way abandonment and plat vacation.
j. To review and grant or deny applications for mining permits.
k. To hear and decide appeals of a decision of the Construction Regulation Board regarding
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -1
contractor discipline.
1. To hear and decide appeals of a decision of the Construction Regulation Board regarding a
decision of the Building Official or Fire Chief.
m. To establish by resolution a schedule of fees to cover the costs of technical and
administrative activities required by this Code.
SECTION 21 -82 - CITY MANAGER
For the purposes of this Code, the City Manager shall direct and supervise the administration of this
code.
SECTION 21 -83 - CITY ATTORNEY
For the purposes of this Code, the City Attorney's or designated Attorney's duties shall include the
following:
a. Provision of professional advice and support to the City Council.
b. Provision of professional advice and support to the Zoning Board.
C. Provision of advice to the Code Enforcement Board regarding applicable law and procedures,
but shall not present cases to the Code Enforcement Board. The City Council may select an
attorney as the Citizen Code Enforcement Board attorney.
d. Approve any subpoena, findings of fact, conclusions of law or order as to form and legality
before it becomes final
SECTION 21 -84 - TECHNICAL REVIEW COMMITTEE (TRC)
21 -84.01 - Purpose
There is hereby established an internal City staff Technical Review Committee to provide technical
review and comment regarding various permit applications described in this Article.
21 -84.02 - Membership
At a minimum, the members of TRC shall include the Planning Department Director, the City
Engineer, the Department of Environmental Services Director, the Building Department Director,
Parks and Recreation Director, the Fire Chief and the City Manager's Office. The TRC may include
other City staff as may be necessary for a given issue or project.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -2
21 -84.03 - Meetings
The TRC shall meet as necessary, provided that ample public notice is given to the members and
applicants. TRC meetings are subject to "Sunshine Laws ".
21 -84.04 - Powers & Duties
a. The TRC members shall provide written comments regarding the technical aspects of
annexations, proposed plan amendments, rezonings, subdivisions and plats, planned unit
developments, abandonments, site plans, conditional use permits, variances, mining permits,
and development agreements.
b. The TRC shall have final authority to approve, modify and/or deny, site plans involving
projects with less than 25,000 square feet of gross floor area.
SECTION 21 -85 - PLANNING & ZONING BOARD (P &Z)
21 -85.01 - Purpose
The purpose of the Planning & Zoning Board is to provide review and recommendations regarding
various planning matters to the City Council and to act as the City's Local Planning Agency pursuant
to the requirements of Chapter 163, Part H, FS.
21 -85.02 - Membership
a. Members shall be residents appointed to staggered three (3) year terms. The members serve
without compensation, but may receive necessary expenses for City business. No City
employee may be appointed to the P &Z. The City Council shall appoint seven (7) members.
b. Members shall not appear for, nor represent, any other person than himself at the P &Z
meetings for twelve (12) months after his/her departure.
The P &Z, and its members, are subject to the requirements of the Public Records Law (Ch.
119, FS and the Sunshine Law (Ch. 286, FS).
21 -85.03 - Meetings
a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to
warrant a meeting. The P &Z chairman may call other meetings as necessary, provided that
no less than twenty -four (24) hours notice is given to the members and applicants.
b. The P &Z shall establish by -laws for conducting their meetings.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -3
21 -85.04 - Powers & Duties
The Planning and Zoning Board shall:
a. Be the designated Local Planning Agency for the City pursuant to the requirements of
Chapter 163.3174, FS and as such shall:
1. Be the responsible agency to prepare, amend, and implement the City's
Comprehensive Plan and recommend such to the City Council;
2. Review all proposed amendments to the City's Land Development Code and make
recommendations to the City Council as to the consistency of the proposed
amendments to the Comprehensive Plan;
3. Monitor the effectiveness of the Comprehensive Plan by the formal periodic
evaluation process described in Chapter 163.3191, FS and its implementing rules.
b. Provide comments and recommendations to the City Council regarding proposed
subdivisions and plats;
C. Have final authority to approve, modify and/or deny proposed conditional use permits, unless
appealed to the City Council;
d. Provide comments and recommendations to the City Council regarding proposed
development agreements;
e. Provide comments and recommendations to the City Council regarding proposed
annexations;
f. Provide comments and recommendations to the City Council regarding proposed rezonings;
and
g. Provide comments and recommendations to the City Council regarding site plans over
twenty -five thousand square feet (25,000 sq.ft.) of building area and proposed mining
permits.
SECTION 21 -86 - CODE ENFORCEMENT BOARD (CEB)
21 -86.01 - Purpose
Pursuant to the requirements of Chapter 162.02,FS, there is hereby established a Code Enforcement
Board whose principal function is to be an administrative body for the review of alleged violations
to the City's Code of Ordinances in general, and this Code in particular. The CEB shall be
responsible to enforce the Code of Ordinances through the use of administrative fines and/or other
non - criminal penalties available to the City under general law.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -4
21 -86.02 - Membership
a. The CEB shall consist of seven (7) members appointed by the City Council. A member
shall have been a legal resident of the City for at least twelve (12) months prior to the
appointment.
b. Members shall be appointed to three (3) year terms after the initial appointments to the Board
as follows:
1. Two (2) members appointed for a one (1) year term
2. Three (3) members appointed for a two (2) year term
3. Two (2) members appointed for a three (3) year term
C. Neither a member, nor a member's spouse, shall be a member of any City advisory body, or
a City quasi - judicial body. No member, or member's spouse, shall be a City employee.
d. All members shall serve without compensation, but may receive necessary expenses while
on official business of the Board.
e. Any member of the Board may be removed for cause by the City Council at any time,
provided that before such removal, the member shall be provided with written charges and
is afforded a public opportunity to provide a defense.
f. No member of the Board shall bring forward any cases. No member of the Board shall vote
on any matter that would inure to a special private gain; or of any principal by which the
member is employed, or retained, or to the parent organization, or subsidiary of a corporate
principal by which the member is retained; or that would inure to the special private gain of
a relative, or business associate.
g. Members shall not appear for, nor represent, any other person than himself at the meetings
before the Board for twelve (12) months after his/her departure.
h. The CEB, and its members, shall be subject to the requirements of the Public Records Law
(Ch. 119, FS) and the Sunshine Law (Ch. 286, FS).
21 -86.03 - Meetings
a. The Code Enforcement Board shall establish by -laws for conducting their meetings. The
Chairman may call other meetings as necessary, provided that no less than ten (10) days
notice is given to the members and applicants. Special meetings may be called with a written
notice signed by three (3) members with at least forty -eight (48) hours notice.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -5
b. Pursuant to the requirements of Chapter 162.05 (f) (4), FS, no business shall be transacted
by the Board unless a quorum of four (4) members is present.
C. An affirmative vote of the majority of the quorum is required for any decision by the Board.
d. The members are subject to the requirements of the Public Records Law (Chapter 119, FS)
and the Sunshine Law (Chapter 286, FS).
21 -86.04 - Jurisdiction
The Code Enforcement Board shall have the jurisdiction and authority to hear and decide alleged
violations of the following City Code of Ordinances, including, but not limited to, the following:
a. All areas of jurisdiction set forth in Chapters 162, 489 and 553, FS.
b. Chapter 7, Article IX - Swimming Pools
C. Chapter 10, Article H - Noise
d. Chapter 10, Article III - Cleanliness and Sanitation of Premises
e. Chapter 10, Article IV - Sewage Disposal
f. Chapter 10, Article V - Weeds and Grass
g. Chapter 11 - Occupational Licenses
h. Chapter 12, Article H - Garage Sales
i. Chapter 12, Article III - Alarm Systems
j. Chapter 15 - Streets and Sidewalks
k. Chapter 21 - Land Development Code
21 -86.05 - Powers
The Code Enforcement Board shall have the following powers:
a. Subpoena alleged violators and witnesses to its hearings.
b. Subpoenas shall be served by the Edgewater Police Department.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -6
Subpoena evidence to its hearings.
d. Take testimony under oath.
Issue orders having the force of law to compel an adjudicated violator to comply.
Section 21 -86.06 - Procedures
a. The CEB shall adopt rules of procedure that guarantee fundamental fairness, procedural due
process and substantive due process for all parties within ninety (90) days of adoption of this
Code.
b. The City shall provide each alleged offender with a Notice of Hearing not less than fourteen
(14) days prior to the CEB meeting at which the matter will be considered.
C. Upon issuance of a Notice of Hearing, ex parte communication for the CEB is effective and
no further contact with the alleged offender is permitted outside of the CEB hearing.
d. A more detailed discussion of the hearing process and procedures is found in Article X.
SECTION 21 -87 - CONSTRUCTION REGULATION BOARD (CRB)
21 -87.01 - Purpose
The purpose of the Construction Regulation Board is to provide reviews and recommendations to
the City Council on building and construction related matters.
21 -87.02 - Membership
a. The CRB shall be composed of seven (7) members appointed by the City Council. Five (5)
members shall be representative of the following: Florida licensed general contractor, Florida
licensed architect or structural engineer, Florida licensed property or casualty agent, Florida
certified fire inspector or firefighter, and a citizen at large. The remaining two (2) members
shall be chosen from the following Florida licensed contractors: electrical, plumbing, and air
conditioning. The architect shall be other than a landscape architect. No city employee shall
be a member of the CRB.
b. Each member of the CRB shall be a resident of the City unless no qualified resident
candidate applies.
Members of the CRB shall be appointed for a term of three (3) years without compensation
but may receive travel and other necessary expenses while on official business of the CRB.
Due to the need to stagger terms to guarantee continuity on the CRB, the initial appointments
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -7
shall be as follows: Three (3) members shall be appointed for one (1) year, two (2) members
shall be appointed for two (2) years, and two (2) members shall be appointed for three (3)
years.
d. If a member of the CRB is absent for three (3) consecutive regular meetings or twenty five
percent (25%) or more of all meetings held during any calendar year, said member shall
forfeit the office. The City Council shall fill the office for the remainder of the unexpired
term.
e. A member of the CRB may be removed for cause by the City Council at any time, provided
however, that before such removal the member shall be provided with written charges and
is afforded a public opportunity to provide a defense.
f. No member of the CRB shall vote upon any matter which would inure to his special private
gain; or of any principal to which he is retained or to the parent organization or subsidiary
of a corporate principal by which he is retained: or which would inure to the special private
gain of a relative or business associate.
g. No member of the CRB shall appear for or represent any person in any matter before the
CRB other than himself.
h. No past member of the CRB shall appear before the CRB except when representing
himself/herself for a period of twelve (12) calendar months after his service has ended.
The CRB shall elect a Chairman and Vice - Chairman from among its members at the first
regular meeting in January each year to serve a term of one (1) year. The officers shall be
eligible for reelection.
j. The Chairman shall preside at all meetings and hearings of the CRB and appoint any
committees that are deemed necessary.
k. In the absence of the Chairman, the Vice - Chairman shall preside at all the meetings and
hearings of the CRB.
1. The members of the CRB may select an additional person who shall preside over meetings
in the absence of the Chairman and Vice Chairman.
M. The Secretary, provided by the City, shall keep minutes of the proceedings of the CRB.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -8
21 -87.03 - Meetings
a. The CRB shall adopt by -laws for conducting their meetings.
b. Special meetings of the CRB may be called by the Chairman, Building Official or Fire
Official if at least forty -eight (48) hours notice is given to each member of the CRB. In case
of extenuating circumstances, the Chairman may call an emergency meeting if at least
twenty -four (24) hours notice is given to each member.
C. The CRB may continue a regular meeting if all business cannot be completed on that day.
The date and time of the meeting's resumption shall be started by the presiding officer at the
time of continuance.
d. In the event that less than a quorum is present at any proceeding of the CRB, the proceeding
shall be rescheduled within a reasonable period of time. The Secretary shall notify all parties
and such other interested persons as may be designated of the time, place and date of the
rescheduled proceeding.
21 -87.04 - Powers & Duties
a. To review the building, fire, and other related technical codes and policies.
b. To hear appeals of a decision or action of the Building Official or Fire Chief regarding the
adopted technical codes.
C. To provide recommendations to the City Council on building and construction related
matters.
d. To exercise disciplinary control and oversight over locally licensed contractors.
e. To adopt rules of procedure not inconsistent with the provisions of this Article and approved
as to legal form and correctness by the City Attorney.
21 -87.05 - Appeals
a. The purpose of this section is to set forth an appeals process regarding interpretations,
enforcement, decisions or actions by the Building Official or the Fire Chief.
b. The CRB is deemed to be competent to sit in judgement on matters concerning the
interpretation of the standard building codes and the NFPA Life Safety and Fire Prevention
Codes and its' enforcement.
Rev. 7/00 ( Pol icesProcedures /LandDevelopmentCode) VIII -9
The CRB shall provide for reasonable interpretation of the provisions of the codes and rule
on appeals from decisions of the department having jurisdiction.
d. Application for appeals shall be submitted to the Building Department along with a non-
refundable fee as established by the City. The application shall state the code provisions
from which relief is sought and the remedy proposed.
Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when it is claimed any one or more of the following conditions exist.
1. The true intent of the codes or ordinances described are interpreted incorrectly.
2. The provisions of the code or ordinance do not fully apply.
3. A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when any one or more of the following decisions have been reached.
1. The refusal to issue a building permit.
2. Refusal to approve a project on interim or final inspection.
3. Refusal to issue a C.O.
4. Issuance of a stop work order.
5. A decision that a project is subject to and must conform to one or more technical
codes and must be authorized by a building permit.
6. Revocation of a building permit, C.O. or use
g. Any person aggrieved by a decision of the CRB shall appeal such decision to Circuit Court.
Sections 21 -88 through 21 -89 reserved for future use.
Rev. 7/00 ( PolicesProcedures /LandDevelopmentCode) VIII -10
ARTICLE IX
APPLICATION PROCEDURES
SECTION 21 -92 - CONDITIONAL USE PERMITS
21 -92.01 - Intent ............................................................................ ............................... IX -4
21 -92.02 - Comprehensive Plan Consistency ............................... ............................... IX -4
21 -92.03 - Procedures ................................................................... ............................... IX -5
21 -92.04 - Decision Criteria ......................................................... ............................... IX -5
21 -92.05 - Authority ..................................................................... ............................... IX -6
21 -92.06 - Approval Expiration .................................................... ............................... IX -6
21 -92.07 - Reconsideration ........................................................... ............................... IX -6
21 -92.08 - Appeals ........................................................................ ............................... IX -6
SECTION 21 -93 - SITE PLAN REVIEW
21 -93.01 - Intent ............................................................................ ............................... IX -6
21 -93.02 - Comprehensive Plan Consistency ............................... ............................... IX -6
21 -93.03 - Procedures ................................................................... ............................... IX -7
21 -93.04 - Authority ..................................................................... ............................... IX -7
21 -93.05 - Approval Expiration .................................................... ............................... IX -8
21 -93.06 - Reconsideration ........................................................... ............................... IX -8
21 -93.07 - Appeals ........................................................................ ............................... IX -8
SECTION 21 -94 - LAND DEVELOPMENT CODE AMENDMENTS
21 -94.01 - General Provisions ...................................................... ............................... IX -8
21 -94.02 - Comprehensive Plan Consistency ............................... ............................... IX -8
21 -94.03 - Procedures ................................................................... ............................... IX -8
21 -94.04 - Approval Expiration .................................................... ............................... IX -9
21 -94.05 - Reconsideration ........................................................... ............................... IX -9
21 -94.06 - Appeals ........................................................................ ............................... IX -9
Article IX
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -90 - GENERAL PROVISIONS ,
21 -90.01
- General Requirements ................................................. ...............................
IX -1
21 -90.02
- Notice Requiremets ........ .........
IX -2
21 -90.03
- Application Fee S fedule .......................... ................... ...............................
IX -3
SECTION 21 -91 - ZONING MAP AMENDMENTS
21 -91.01
- General Provisi6ns ...................................................... ...............................
IX -3
21 -91.02
- Comprehensive Plan Consistency ............................... ...............................
IX -3
21 -91.03
- Procedures ................................................................... ...............................
IX -3
21 -91.04
- Decision Criteria ......................................................... ...............................
IX -4
21 -91.05
- Approval Expiration .................................................... ...............................
IX -4
21 -91.06
- Rehearings ................................................................... ...............................
IX -4
21 -91.07
- Appeals ........................................................................ ...............................
IX -4
SECTION 21 -92 - CONDITIONAL USE PERMITS
21 -92.01 - Intent ............................................................................ ............................... IX -4
21 -92.02 - Comprehensive Plan Consistency ............................... ............................... IX -4
21 -92.03 - Procedures ................................................................... ............................... IX -5
21 -92.04 - Decision Criteria ......................................................... ............................... IX -5
21 -92.05 - Authority ..................................................................... ............................... IX -6
21 -92.06 - Approval Expiration .................................................... ............................... IX -6
21 -92.07 - Reconsideration ........................................................... ............................... IX -6
21 -92.08 - Appeals ........................................................................ ............................... IX -6
SECTION 21 -93 - SITE PLAN REVIEW
21 -93.01 - Intent ............................................................................ ............................... IX -6
21 -93.02 - Comprehensive Plan Consistency ............................... ............................... IX -6
21 -93.03 - Procedures ................................................................... ............................... IX -7
21 -93.04 - Authority ..................................................................... ............................... IX -7
21 -93.05 - Approval Expiration .................................................... ............................... IX -8
21 -93.06 - Reconsideration ........................................................... ............................... IX -8
21 -93.07 - Appeals ........................................................................ ............................... IX -8
SECTION 21 -94 - LAND DEVELOPMENT CODE AMENDMENTS
21 -94.01 - General Provisions ...................................................... ............................... IX -8
21 -94.02 - Comprehensive Plan Consistency ............................... ............................... IX -8
21 -94.03 - Procedures ................................................................... ............................... IX -8
21 -94.04 - Approval Expiration .................................................... ............................... IX -9
21 -94.05 - Reconsideration ........................................................... ............................... IX -9
21 -94.06 - Appeals ........................................................................ ............................... IX -9
Article IX
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -95 - SMALL SCALE PLAN AMENDMENTS
21 -95.01 - General Provisions ...................................................... ............................... IX -9
21 -95.02 - Criteria For Determination ........................................ ............................... IX -10
21 -95.03 - Procedures ................................................................. ............................... IX -10
21 -95.04 - Approval Criteria ....................................................... ............................... IX -11
21 -95.05 - Approval Expiration .................................................. ............................... IX -11
21 -95.06 - Reconsideration ......................................................... ............................... IX -11
21 -95.07 - Appeals ...................................................................... ............................... IX -11
SECTION 21 -96 - OTHER PLAN AMENDMENTS
21 -96.01 - General Provision ...................................................... ............................... IX -12
21 -96.02 - Criteria For Determination ........................................ ............................... IX -12
21 -96.03 - Procedures ................................................................. ............................... IX -12
21 -96.04 - Approval Criteria ....................................................... ............................... IX -13
21 -96.05 - Approval Expiration .................................................. ............................... IX -14
21 -96.06 - Reconsideration ......................................................... ............................... IX -14
21 -96.07 - Appeals ...................................................................... ............................... IX -14
SECTION 21 -97 - VOLUNTARY ANNEXATION
21 -97.01 - Criteria For Determination ........................................ ............................... IX -14
21 -97.02 - Procedures ................................................................. ............................... IX -14
21 -97.03 - Plan Amendment and Rezoning ................................ ............................... IX -15
SECTION 21 -98 - INVOLUNTARY ANNEXATION
21 -98.01 - Intent .......................................................................... ............................... IX -16
21 -98.02 - Annexation Prerequisites ........................................... ............................... IX -16
21 -98.03 - Procedures ................................................................. ............................... IX -17
SECTION 21 -99 - ABANDONMENTS
21 -99.01 - Application Requirements ..............
21 -99.02 - Procedures ....... ...............................
21 -99.03 - Approval Criteria ............................
21 -99.04 - Decision Effects .............................
21 -99.05 - Appeals ............ ...............................
Article IX
-ii-
................ IX -17
................ IX -18
................ IX -19
................ IX -19
................ IX -19
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -100 - VARIANCES
21400.01 - General Requirements ............................................. ............................... IX -19
21- 100.02 - Procedures ............................................................... ............................... IX -20
21- 100.03 - Administrative Variance .......................................... ............................... IX -20
21- 100.04 - Conventional Variance ............................................ ............................... IX -21
21- 100.05 - Expiration ................................................................ ............................... IX -22
21- 100.06 - Appeals .................................................................... ............................... IX -22
SECTION 21 -101 - DEVELOPMENT AGREEMENTS
21
101.01
-Intent ........................................................................ ...............................
IX -22
21-
101.02 - Procedures ............................................................... ...............................
IX -22
21-
101.03
- Agreement Execution .............................................. ...............................
IX -24
21-
101.04
- Agreement Criteria .................................................. ...............................
IX -24
21-
101.05
- Amendment and Cancellation ................................. ...............................
IX -26
21
101.06
- Expiration ................................................................ ...............................
IX -26
21-
101.07
- Monitoring ............................................................... ...............................
IX -26
21-
101.08
- Compliance .............................................................. ...............................
IX -26
SECTION 21 -102 - MINING PERMITS
21
102.01 -
Authority ................................................................. ...............................
IX -27
21-
102.02
- Application Requirements ....................................... ...............................
IX -27
21-
102.03
- Application Process ................................................. ...............................
IX -29
21-
102.04
- Permit Issuance Criteria .......................................... ...............................
IX -30
21-
102.05
- Permit Modification ................................................ ...............................
IX -31
21
102.06
- Suspension ............................................................... ...............................
IX -31
21-
102.07
- Revocation ............................................................... ...............................
IX -32
Sections 21 -103 through 21 -119 reserved for future use.
Article IX
-iii-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE IX
APPLICATION PROCEDURES
SECTION 21 -90 - GENERAL PROCEDURES
21 -90.01 - General Requirements
a. All properties within a single application must be contiguous and immediately adjacent to
one another or be the subject of separate petitions and filing fees.
b. No application shall be accepted unless it is presented on the official forms provided by the
City of Edgewater and the appropriate fee is paid.
C. The Planning Department shall prepare, and periodically revise, the required forms and
instruction packages for each development permit application described in this Article.
d. Before an application is scheduled for further consideration, the Planning Department shall
determine the application package is complete.
All applicants for any matter described herein shall be required to have at least one (1) pre -
application conference with the TRC.
No application shall be accepted for review regarding any matter described herein unless the
property owner of record in the Volusia County Property Appraiser's Office, either signs the
application, or authorizes in writing another person to act in his behalf.
g. Property surveys, site plans and landscape plans shall be provided at the same scale (one inch
(V) equals thirty feet (30')).
h. The deadline for filing any application described herein shall be a minimum of forty -five (45)
days prior to the regularly scheduled meeting of the first review body. The City shall not be
at fault for the applicant's failure to meet any deadline described herein. Any waiver of this
deadline by more than two working days shall require City Council approval.
Decisions identified as quasi-judicial shall be supported by competent substantial evidence in written
findings of fact.
Decisions identified herein as legislative shall be fairly debatable and supported by reasonable
written findings of fact.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -1
If an applicant withdraws an application or requests tabling after the advertisement has been
submitted and then reinstates consideration of the application, the applicant shall be billed for any
additional advertising costs.
21 -90.02 - Application Notice Requirements
It is the intent of this Section to provide public notice as early a possible in the application review
process and to reduce the application processing time to the maximum extent possible consistent
with statutory requirements. It is also the intent to provide adequate procedural due process to all
applicants and to reflect current state statutes and case law.
The following application notice requirements are based on the minimum requirements found in
Chapters 163, 166, 171, 177, Florida Statutes.
a. Public notice of all applications for development approval shall be consistent with state
statutes.
b. When mailing of notices is required, the notice shall be sent to the applicant and the property
owners of record in the Volusia County Property Appraiser's Office.
C. When newspaper advertisements are required, they shall appear in the newspaper of general
circulation. The City reserves the right to advertise in other newspapers as may be necessary,
provided the notice requirements of the relevant state statutes are met. Any non -legal
advertisement shall include a layman's description of the subject matter.
d. Pursuant to the requirements of Chapter 166.041 (3c), FS ordinance requirements (Ord. Ad)
shall be no less than two (2) columns wide by ten inches (10 ") long in standard sized or
tabloid type newspaper and the headline in the advertisement shall be in no smaller than 18
point type. The advertisement shall not be placed in that portion of the newspaper where
legal notices and classified advertisements appear.
e. The advertisement described in subsection (b) above shall identify the Tax Parcel
Identification Number taken from the Volusia County Property Appraiser's records, the street
address and the general location of the project. A site location map may be included as
appropriate.
When site posting is required, the notice shall be posted in at least one (1) conspicuous site
place on the site and at City Hall.
g. Proof of publication and mailing notices shall be available for public inspection.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX-2
21 -90.03 - Application Fee Schedule
The City Council shall adopt by Resolution, development review, advertising and associate fees for
administrative charges.
SECTION 21 -91 - ZONING MAP AMENDMENTS
21 -91.01 - General Provisions
An amendment to the Official Zoning Map requires adoption of an ordinance by the City Council
and after review and recommendation of the Planning and Zoning Board (P &Z).
21 -91.02 - Comprehensive Plan Consistency
No application for a change in zoning can be approved unless the proposed zoning is consistent with
the Land Use Designation/ Zoning Classification Matrix, i.e., Table III -1.
21 -91.03 - Procedures
a. The public notice for a parcel rezoning shall be as provided in Florida Statutes.
b. Upon receipt of a complete application and relevant supporting material, the Planning
Department will schedule consideration of the application by the Technical Review
Committee (TRC).
C. A staff report recommending findings of fact, including a draft ordinance for the proposed
map change, shall be provided to the P &Z and the applicant.
d. A staff report presenting the P &Z's findings of fact and a draft ordinance shall be provided
to the City Council and the applicant.
e. After the P &Z public hearing and a recommendation is made, the application will be
scheduled for a first reading of the ordinance before the City Council. If approved at first
reading, a public hearing shall be scheduled for the next available City Council meeting.
f. The City Council rezoning decision shall be based on finding of fact and the competent
public testimony received at the hearing. The City Council decision shall be immediately
effective upon adoption of the ordinance.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) IX -3
21 -91.04 - Decision Criteria
In order to be approved, the evaluation of a rezoning application, as evidenced in the written findings
of fact, shall demonstrate the proposed rezoning is:
a. Consistent with all the relevant Goals, Objectives and Policies of the Comprehensive Plan.
b. Meets the Concurrency Management System requirements described in Article XI.
C. Compatible with land uses in the adjacent area.
21 -91.05 - Approval Expiration
A rezoning shall be permanent unless changed pursuant to the process described in this Article.
21 -91.06 - Rehearings
A rezoning application denied by the City Council shall not be eligible for re- submission for a period
of one (1) year after the date of denial.
21 -91.07 - Appeals
Appeals for any rezoning decision is to the Circuit Court in a manner and form prescribed by the
Court.
SECTION 21 -92 - CONDITIONAL USE PERMIT (CUP)
21 -92.01 - Intent
It is the intent of this section to recognize that certain types of land uses are so unique that they
require special consideration and to provide the standards by which such uses shall be evaluated. A
CUP is a quasi - judicial decision and shall be administered accordingly. Unless specifically stated
otherwise in the conditions of approval, the CUP applies to subsequent property owners operating
the same business, or use.
21 -92.02 - Comprehensive Plan Consistency
No application for a conditional use permit can be accepted unless it is located within a zoning
district that is consistent with the Land Use Designation /Zoning Classification Matrix in Table III -1.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -4
21 -92.03 - Procedures
a. The public notice for a conditional use permit shall be as provided in Florida Statutes.
b. Upon receipt of a complete application and relevant supporting material, the Planning
Department staff will schedule consideration of the application by the Technical Review
Committee (TRC). The TRC shall evaluate the technical aspects of the proposed conditional
use permit and make written recommendations.
C. After the TRC completes its recommendations regarding the conditional use permit, the
matter will be scheduled for consideration by the P &Z at their next available meeting.
d. A staff report recommending findings of fact shall be provided to the P &Z and the applicant.
The P &Z shall provide findings of fact regarding their decision to approve, deny, or modify
the applicant's request.
The P &Z decision shall be final unless appealed to the City Council within fourteen (14)
days.
21 -92.04 - Decision Criteria
In order to be approved, the P &Z shall find that the proposed conditional use permit is consistent
with:
a. Meets the Concurrency Management System requirements described in Article XI;
b. Is compatible with land uses in the adjacent area;
C. Provide adequate landscape buffering from adjacent uses, where appropriate;
d. Provides adequate on -site lighting shielded from adjacent uses, where appropriate;
Provides safe access for pedestrians and vehicles, both on -site and off -site;
Presents no operational problems which could adversely affect public health or safety;
g. Is generally consistent with the applicable regulations for the zoning district in which it is
located.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -5
21 -92.05 - Authority
a. The Conditional Use Permit may set reasonable time limits, renewal conditions, and/or
operational restrictions.
b. Any applicable impact fees shall be determined.
C. In most cases, a conditional use permit shall also require completion of the site plan review
process described in Section 21 -93 of this Article. However, this requirement may be waived
when a conditional use permit is located within a legally existing structure.
d. Specific identified requirements may be waived, if the applicant agrees to install additional
landscaping, reduce /or relocate signage, or make other improvements benefitting the
appearance and/or public safety on the subject parcel.
21 -92.06 - Approval Expiration
Unless specifically stated otherwise, a conditional use permit shall expire one hundred twenty (120)
days after the final action, unless a building permit or certificate of occupancy has been issued by
that date.
21 -92.07 - Reconsideration
A denied conditional use permit shall not be eligible for resubmission for a period of one (1) year
after the date of denial.
21 -92.08 - Appeals
An appeal of a decision of the City Council concerning a conditional use permit is to the Circuit
Court in a manner and form prescribed by the Court.
SECTION 21 -93 - SITE PLAN REVIEW
21 -93.01 - Intent
It is the intent of this section to establish the process and criteria for review of site plans. A site plan
for a building of 25,000 square feet or less is an administrative decision and shall be reviewed by
the Planning Director.
21 -93.02 - Comprehensive Plan Consistency
No site plan application can be approved unless it is located within a zoning district that is consistent
with the Land Use Designation /Zoning Classification Matrix in Table III -l.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -6
21 -93.03 - Procedures
a. The applicant shall prepare a conceptual site plan which, at a minimum identifies the points
of access, the amount of impervious surface, the footprints of proposed structures, general
description of the proposed landscaping, the use of the parcel, the number of employees and
other such matters as are identified in the application material. Licensed professionals are
required to prepare the conceptual site plan.
b. The Planning Department shall coordinate preparation of a staff report regarding the
proposed conceptual plan addressing the factors described in subsection (a) above.
Upon receipt of a complete application and relevant supporting material, the Planning
Department staff will schedule consideration of the application by the Technical Review
Committee (TRC). The TRC shall evaluate the technical aspects of the proposed site plan
permit and shall make written finding of fact and may establish conditions for approval.
d. Pursuant to the requirements of Chapters 471.025, 472.025, 481.321 and 481.221, Florida
Statutes, each applicable sheet of the site plan shall be prepared, signed and sealed by the
appropriate architect, landscape architect, engineer, or surveyor currently licensed in Florida.
21 -93.04 - Authority
a. All proposed development shall be subject to the site plan review process described herein,
except single family and duplex residences and their accessory uses, as described in Table
III -3.
b. Upon satisfactory completion of the TRC review, the applicant shall be provided with written
findings of fact and shall receive official notification of the site plan action. Said notification
shall, at a minimum, prescribe the specific amount of each land use for the site.
No change in the type or amount of land uses specified in the application material shall be
permitted without the written permission from the Planning Director. If the Director
determines a significant change in the specific type or amount of land uses has occurred, or
is proposed to occur, the applicant shall be required to reapply using the new information and
pay an additional fee.
d. The Director shall have the authority to approve site plan changes which reduce the structure
area.
e. No site plan shall be approved unless the City Engineer approves the stormwater
management plan or the applicant provides a SJRWMD permit for the project.
Site plans involving 25,000 square feet or greater, enclosed usable area shall require review
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -7
by the Planning and Zoning Board and consideration by the City Council in addition to the
process described above.
g. As -built drawings shall be required on all projects requiring site plan approval.
21 -93.05 - Approval Expiration
A site plan permit shall expire one hundred eighty (180) days after the TRC decision, unless a
complete building permit application has been filed.
21 -93.06 - Reconsideration
A denied site plan permit shall not be eligible for resubmission for a period of six (6) months after
the date of denial.
21 -93.07 - Appeals
An applicant may appeal a site plan decision of the Planning Director to the City Council. The City
Council shall consider the appeal at their next available meeting and shall make findings of fact in
its decision.
SECTION 21 -94 - LAND DEVELOPMENT CODE AMENDMENTS
21 -94.01 - General Provisions
Any amendment to the text of Chapter 21 of the City Code requires adoption of an ordinance by the
City Council and after review and recommendation of the P &Z Board. Changes to the text may be
proposed by any staff, any advisory board and/or the City Council at any time. Such changes are a
legislative action and shall be so administered.
21 -94.02 - Comprehensive Plan Consistency
All modifications or text amendments to Chapter 21 shall be consistent with the provisions of the
Comprehensive Plan.
21 -94.03 - Procedures
a. The public notice for a Land Development Code text amendment shall be as provided in
Florida Statutes.
b. Upon receipt of a request to change the text of this Chapter, the Planning Department staff
will schedule consideration of the proposed change by the Technical Review Committee
(TRC).
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -8
C. Upon completion of the TRC review of the proposed text change, a staff report
recommending findings of fact shall be provided to the P &Z and any interested parties.
Prior to the P &Z public hearing at which the application will be considered.
d. After the P &Z public hearing and a recommendation is made, the application will be
scheduled for a first reading of the ordinance before the City Council. If approved at the first
reading, a public hearing will be scheduled for the next available City Council meeting.
e. A staff report presenting the P &Z's findings of fact, a draft ordinance and the P &Z minutes,
if available, shall be provided to the City Council and the applicant prior to the City Council
public hearing.
The City Council decision shall be based on findings of fact and the public testimony
received at the hearing. The City Council decision shall be immediately effective upon
adoption of the ordinance.
21 -94.04 - Approval Expiration
Any text amendments shall be permanent unless changed pursuant to the process described above.
21 -94.05 - Reconsideration
Text amendments denied by the City Council may be reconsidered at any future date.
21 -94.06 - Appeals
Appeals of any text amendment action by the City Council is to the Circuit Court in a manner and
form prescribed by the Court.
SECTION 21 -95 - SMALL SCALE PLAN AMENDMENTS
21- 95.01- General Provisions
Chapters 163.3184, 163.3187 and 163.3189, Florida Statutes provide for a process to amend the City
Comprehensive Plan. In general, the Plan may only be amended twice per calendar year. The Plan
shall be amended by ordinance in the manner provided in Chapter 166.041 and Chapter 163, Part
H, FS.
The Legislature created Chapter 163.3187 (c), FS to provide for an abbreviated review of small scale
plan amendments. A small scale plan amendment decision is a legislative decision and will be
administered accordingly.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -9
21 -95.02 - Criteria For Determination
Pursuant to the requirements of Chapter 163.3187 (c) FS, a small scale plan amendment is only
applicable if:
a. The proposed amendment is a use of ten (10) acres or less;
b. The cumulative acreage of small scale amendments has not exceeded eighty (80) acres in the
current calendar year;
C. The amendment does not involve the same property granted a change within the last twelve
(12) months;
d. The amendment does not involve the same owner's property within two hundred feet (200')
of property granted a plan amendment within the prior twelve (12) months; and
e. The proposed amendment does not involve a text change to the goals, objectives and policies
of the Comprehensive Plan, but only proposes a land use change to the Future Land Use Map
for a site - specific small -scale development activity.
21 -95.03 - Procedures
a. A small scale plan amendment may be initiated by any applicant, the City staff, any advisory
board and/or at the direction of the City Council.
b. The public notice for a small scale plan amendment shall be as provided in Florida Statutes.
C. Upon receipt of an application, the payment of the appropriate fee and the relevant
supporting material, the Planning Department staff will schedule consideration of the
proposed change by the Technical Review Committee (TRC).
d. Upon completion of the TRC review of the proposed small scale plan amendment, a staff
report recommending findings of fact, a draft ordinance to amend the Comprehensive Plan
and a plan amendment report, shall be provided to the P &Z public hearing at which the
amendment will be considered.
e. The plan amendment report shall at a minimum include:
1. Adequate data and analysis to justify the proposed amendment.
2. An evaluation of the effects of the proposed amendment on each Element of the
Comprehensive Plan.
3. An analysis of how the proposed amendment is consistent with the State
Comprehensive Plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -10
4. An analysis of how the proposed amendment is consistent with ECFRPC Strategic
Regional Policy Plan.
5. A summary of the public participation which has occurred regarding the proposed
amendment.
f. After the P &Z public hearing the amendment will be scheduled for a public hearing before
the City Council to transmit the amendment to the Florida Department of Community Affairs
(DCA).
g. A staff report presenting the same information described in subsection (d) above shall be
provided to the City Council, and any applicant prior to the City Council public hearing.
The City Council amendment decision shall be based on findings of fact and the public
testimony received at this hearing.
h. The City Council amendment decision shall be effective thirty -one (3 1) days after its
adoption unless appealed by an affected person as defined by Chapter 120.57, FS.
21 -95.04 - Approval Criteria
In order to approve a small scale plan amendment, the City Council must make the following
findings of fact:
a. The proposed amendment shall be consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
b. The proposed amendment is consistent with the Concurrency Management System
requirements in Article XI.
21 -95.05 - Approval Expiration
A small scale plan amendment shall be permanent unless changed pursuant to the process described
in this Section.
21 -95.06 - Reconsideration
An application for a small scale plan amendment denied by the City Council shall not be
reconsidered for three hundred sixty -five (365) days after the City Council denial action.
21 -95.07 - Appeals
Appeals for any final small scale plan amendment decision is to the Division of Administrative
Hearings within thirty (30) days of amendment adoption.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -11
SECTION 21 -96 - OTHER PLAN AMENDMENTS
21- 96.01- General Provisions
Chapters 163.3184, 163.3187 and 163.3189, Florida Statutes provide for a process to amend the City
Comprehensive Plan. In general, the Plan may only be amended twice per calendar year. The Plan
shall be amended by ordinance in the manner provided in Chapter 166.041 and Chapter 163, Part
11, FS. Plan Amendments, other than small scale amendments, are legislative decisions and shall be
administered accordingly.
21 -96.02 - Criteria For Determination
A comprehensive plan amendment is required when it involves:
a. Any change is proposed or required in the boundaries of any portion of the Future Land Use
Map.
b. Any change in the text of the Goals, Objectives and Policies of the Comprehensive Plan.
C. Any parcel annexed into the City.
21 -96.03 - Procedures
a. The public notice for other plan amendment shall be as provided in Florida Statutes.
b. Upon receipt of an application, the payment of the appropriate fee and the relevant
supporting material, the Planning Department staff will schedule consideration of the
proposed change by the TRC.
C. Upon completion of the TRC review of the plan amendment, a staff report recommending
findings of fact, a draft ordinance to amend the Comprehensive Plan and a plan amendment
report, shall be provided to the P &Z public hearing at which the amendment will be
considered.
d. The plan amendment report shall at a minimum include:
1. Adequate data and analysis to justify the proposed amendment.
2. An evaluation of the effects of the proposed amendment on each Element of the
Comprehensive Plan.
3. An analysis of how the proposed amendment is consistent with the State
Comprehensive Plan.
4. An analysis of how the proposed amendment is consistent with ECFRPC Strategic
Regional Policy Plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -12
5. A summary of the public participation which has occurred regarding the proposed
amendment.
e. After the P &Z public hearing and a recommendation is made, the amendment will be
scheduled for a public hearing to transmit the amendment to the Florida Department of
Community Affairs (DCA) at the next available meeting of the City Council.
f. A staff report representing the same information described in subsection (d) above shall be
provided to the City Council, and any applicant, not less than seven (7) days prior to the City
Council public hearing.
g. During the first public hearing, the City Council may decide to transmit the amendment, the
amendment report shall be transmitted to the DCA for review and comments pursuant to the
requirements of Chapter 163, FS, Part H.
h. Upon receipt of the DCA comments, the proposed amendment (s) shall be scheduled for the
next available City Council for a public hearing and first reading of the adoption ordinance
to amend the Comprehensive Plan. If the City Council accepts the adoption ordinance at
first reading, the second reading/hearing which may include adoption of the ordinance shall
be scheduled for the next available City Council meeting.
In their consideration of the amendment adoption ordinance, the City Council amendment
decision shall directly address any Objections provided by DCA and shall consider any
recommendations and comments provided by DCA. Their decision shall be based on
findings of fact and the public testimony received at this hearing.
j. If the City Council decides to adopt the amendment ordinance, the amendment report and the
ordinance shall be transmitted to DCA for their compliance determination pursuant to the
requirements of Chapter 163.3184 (1) & (10), FS.
k. The plan amendment (s) shall be effective twenty -one (2 1) days after the DCA Determination
of in Compliance unless appealed by an affected person as defined by Chapter 120.57, FS.
Applications for plan amendments, other than small scale amendments, shall be accepted two
(2) times per year.
21 -96.04 - Approval Criteria
In order to approve a plan amendment, the City Council must find that based on the facts presented,
the proposed amendment shall be consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -13
21 -96.05 - Approval Expiration
A plan amendment shall be permanent unless changed pursuant to the process described in this
Section.
21 -96.06 - Reconsideration
An application for a plan amendment denied by the City Council shall not be reconsidered for three
hundred sixty -five (365) days after the City Council denial action.
21 -96.07 - Appeals
Appeals for a plan amendment decision in this section shall be to the Division of Administrative
Hearings within twenty -one (21) days of adoption.
SECTION 21 -97 - VOLUNTARY ANNEXATION
The purpose of this section is to establish the process and criteria to voluntarily annex parcels into
the City limits. The annexation process is based on the requirements of Chapter 171.044, FS. An
annexation decision is a legislative action and shall be administered accordingly.
21 -97.01 - Criteria For Determination
The owner or owners of real property which is contiguous and reasonably compact to the existing
City limits may petition for voluntary annexation, if the following conditions are met:
a. The proposed annexation does not create an enclave as defined in Chapter 171.031, FS; and
b. All of the property owners in the area to be annexed sign the petition.
21 -97.02 - Procedures
a. The public notice for a voluntary annexation shall be as provided in Florida Statutes.
b. Upon review by the TRC, the Planning Department shall transmit the report and a draft
annexation ordinance to the P &Z for consideration at their next available meeting. Separate
ordinances shall be required for each parcel, or contiguous group of parcels.
C. The P &Z shall conduct a public hearing and shall evaluate whether the proposed annexation
meets the criteria as established by Florida Statutes and make any other findings of fact
deemed pertinent to a particular parcel.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -14
d. Upon completion of the P &Z action, the Planning Department shall transmit the annexation
report, the draft ordinance and the P &Z minutes, if available, to the City Council for a first
reading of the annexation ordinance at their next available meeting.
e. The City Council shall conduct a second reading and a public hearing approximately thirty
(30) days after the first reading.
The ordinance is effective upon adoption by the City Council.
21 -97.03 - Plan Amendment and Zoning
a. Pursuant to the requirements of Chapter 171.062(2), the Volusia County Comprehensive
Plan and Land Development Code shall control all development on the parcel until the City
amends it Comprehensive Plan and rezones the parcel to the Plan as described in subsections
(b) through (e) below. The City shall have no authority over the development of an annexed
parcel until the requirements of subsections (b) through (e) are met.
b. Upon completion of the annexation process, a plan amendment shall be processed pursuant
to the requirements of Section 21 -95 or 21 -96 of this Article for each parcel or contiguous
group of parcels, included in the annexation ordinance.
C. Upon completion of the plan amendment process, the subject parcels shall be rezoned
pursuant to the requirements of Section 21 -91 of this Article.
d. A plan amendment application resulting from an annexation may be processed
simultaneously with the annexation application. However, the plan amendment shall not be
effective until the annexation process is completed.
e. A rezoning application resulting from an annexation plan amendment may be processed
simultaneously with the annexation plan amendment. However, the rezoning shall not be
effective until the plan amendment process is complete.
Pursuant to the requirements of Chapter 171.0413 Chapter 163.3184 and Chapter 166.041,
FS, separate ordinances shall be required for the annexation action, the plan amendment
action and the zoning action.
g. The ordinances described in subsection (f) maybe processed simultaneously, but must be
considered in the order described above.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) 1X -15
SECTION 21 -98 - INVOLUNTARY ANNEXATION
21 -98.01 - Intent
The purpose of this section is to establish the process and criteria to involuntarily annex parcels into
the City limits. The annexation process is based on the requirements of Chapter 171. FS. An
annexation decision is a legislative action and shall be administered accordingly.
21 -98.02 - Annexation Prerequisites
Prior to consideration of any annexation ordinance, the Planning and Development Department staff,
with the assistance of the TRC members, shall prepare a report, as required by Chapter 171.042, FS,
setting forth the plans to provide urban services to each parcel, or contiguous group of parcels, to be
annexed. The report shall, at a minimum, include:
a. A map or maps showing the present and proposed City boundaries; major potable water and
sewer transmission lines and any proposed extension thereof; the adjacent existing land use;
the adjacent Future Land Use Map designations and the adjacent zoning classifications.
b. A statement certifying that the proposed annexation is reasonably contiguous to present City
Boundaries.
A statement certifying that the parcel to be annexed has a density of at least two persons per
acre; or has a density of one person per acre and at least sixty percent (60 %) of the area is
subdivided into lots or tracts less than five (5) acres in size; or lies between the existing City
limits and an area developed with urban land uses or has at least sixty percent (60 %) of the
parcel's boundary is adjacent to the City limits and area developed with urban uses.
d. A statement ensuring the annexed area meets the level of service standards in the Capital
Improvement Element of the Comprehensive Plan.
An analysis of the provision of municipal, services, utilities, projected revenues and costs
and the strategic importance to the City.
Under no circumstances may any of the actions described in subsections (a) through (e) result
in the creation of an enclave.
g. Annexation of enclaves may occur by interlocal agreement with Volusia County, or if
approved by sixty percent (60 %) of the registered voters of an enclave with fewer than
twenty -five (25) registered voters.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -16
21 -98.03 - Procedures
a. The public notice for an involuntary annexation shall be as provided in Florida Statutes.
b. Upon review by the TRC, the Planning Director shall transmit the report and a draft
annexation ordinance to the P &Z for consideration.
C. The P &Z shall conduct a public hearing and shall evaluate whether the proposed annexation
meets the criteria described in the Florida Statutes and make any other findings of fact
deemed pertinent to a particular parcel.
d. Upon completion of the P &Z action, the Planning Director shall transmit the annexation
report, the draft ordinance and the P &Z minutes, if available, to the City Council for a first
reading of the annexation ordinance at their next available meeting.
e. Separate ordinances shall be required for each parcel, or contiguous group of parcels.
f. The City Council shall conduct a second reading and a public hearing approximately thirty
(30) days after the first reading.
g. The annexation ordinance shall become effective ten (10) days after an annexation
referendum, if approved by the registered voters in the area to be annexed.
h. If the proposed annexation area is greater than five percent (5 %) of the City land area, a dual
referendum by both the voters in the area to be annexed and City voters shall be required.
i. The referendum shall be held at the next regular election day, or no sooner than thirty (30)
days after the ordinance adoption, if the City Council decides to conduct a special annexation
referendum. The referendum shall otherwise comply with the requirements of Chapter
171.0413 (2), (3), (4), (5) and (6), FS.
SECTION 21 -99 - ABANDONMENTS
This Section is intended to establish the criteria for vacating, or abandoning, public rights -of -way,
easements and plats. Chapter 163, Part II, Chapter 177, Florida Statutes, and the City Chapter
Abandonments are a legislative action and shall be administered accordingly.
21 -99.01 - Application Requirements
a. A recent boundary survey showing the area to be abandoned and adjacent parcels.
b. A legal description of the area to be abandoned including the Tax Parcel Identification
number.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -17
C. Letters of approval or opposition from the adjacent property owners of record.
d. Letters of approval or opposition from the affected utility companies and adjacent
governments as may be applicable.
e. Other appropriate information as may be defined in the application package.
f. Statement of the reason for the request.
g. An applicant shall be an adjacent property owner(s) of record or the owner(s) of the plat or
right -of -way to be vacated.
21 -99.02 - Procedures
a. The applicant shall complete the application provided in the instruction package and pay the
fee.
b. The public notice for an abandonment shall be as provided in Florida Statutes.
C. The complete application package shall be submitted to the Technical Review Committee
(TRC) for review and comments.
d. The staff shall prepare written findings of fact which at a minimum addresses:
1. The consistency with the Comprehensive Plan's Objectives and Policies.
2. The effects, if any, on any planned or programmed expenditures of any public
agency.
3. An assessment of the effects on adjacent property.
4. A description of the adjacent land uses, zoning and site development criteria.
5. Other appropriate information.
6. Certification that the current taxes have been paid.
e. Upon completion of the TRC review, the application will be transmitted to the P &Z for a
Public Hearing and a recommendation.
f. The P &Z recommendation will be transmitted to the City Council for consideration at their
next available meeting.
g. The City Council action shall be by Ordinance in the manner provided by Chapter 166, FS.
h. Volusia County shall be furnished with a certified notice of the Final Order in conformance
with the requirements of Chapter 177.101 (4), FS.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -18
21 -99.03 - Approval Criteria
In order to approve an abandonment request, the City Council must make the following findings of
fact:
a. The proposed abandonment is substantially consistent with the Objectives and Policies in the
Comprehensive Plan.
b. The proposed vacation will not affect the ownership or conferment access of persons owning
adjacent property.
C. Other matters of concern applicable to the specific area involved.
21 -99.04 - Decision Effects
If the City Council approves the abandonment, ownership of the abandoned area reverts to the
adjacent property owners of record in equal proportions.
21 -99.05 - Appeals
Appeals of abandonment decisions by the City Council shall be to the Circuit Court in a manner and
form prescribed by the Court.
SECTION 21 -100 - VARIANCES
The intent of this Section is to establish criteria to allow a modification of the strict application of
the Article III - Permitted, Conditional and Accessory Uses; Article IV - Resource Protection
Standards, Article V - Project Design Standards requirements under limited conditions. This Section
also establishes criteria whereby an applicant can appeal code interpretations made by the staff.
Variance decisions are quasi-judicial in nature and shall be administered accordingly. Appeals of
administrative decisions are legislative in nature and shall be administered accordingly.
21- 100.01 - General Requirements
a. No variance shall be processed until any existing City Code violations, not related to the
subject variance, are corrected.
b. Under no circumstances will either a conventional, or administrative, variance application
be accepted unless the proposed use is consistent with the Comprehensive Plan and is
permitted by the zoning district in which it is located.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -19
C. No variance application shall be accepted for any matter other than a modification in lot area,
structure height, yard setback, parking or tree shade point requirements.
d. A variance shall not be granted for any change in the Level -of- Service standards described
in Article XI; or for any change in any Goal, Objective or Policy in the Comprehensive Plan.
e. Economic hardship shall not be sufficient justification to grant a variance.
No building permit, sign permit, new occupational license or Certificate of Occupancy, shall
be issued for any property that is subject to a variance, until the process is completed.
21- 100.02 - Procedures
a. All applicants for a variance shall schedule a preapplication meeting with the Planning and
Development Department staff to discuss the requirements and possible schedule. The staff
will determine whether an administrative variance, or a conventional variance, is appropriate
based on the specific conditions of the applicant's property;
b. The staff will provide an applicant with a current copy of the necessary forms and
instructions for either an administrative variance, or a conventional variance, as may be
appropriate.
C. At a minimum, the applications shall include:
1. The signature of the property owner, or his authorized agent;
2. A copy of a survey of the subject property, signed and sealed by a surveyor licensed
in the State of Florida;
3. The tax parcel identification number from the Volusia County Property Appraiser;
4. A site plan, as may be appropriate;
5. Any other material deemed necessary by the staff, provided it is described in the
application instructions; and
6. Payment of the appropriate fees as established by Resolution.
21- 100.03 - Administrative Variance
a. Upon receipt of a completed application for an administrative variance, the Planning and
Development Department may grant a variance only in the following situations:
1. The variance involves real property materially affected by any governmental public
utility or road improvement, or condemnation actions; or
2. The variance requests a reduction in the number of required parking spaces of ten
percent (10 %) or less.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX-20
b. In determining whether to grant an administrative variance, the PDD shall make the
following findings of fact:
1. That there is no alternative available to allow reasonable use of the property; and/or
2. That granting the parking variance will not result in parking in the public right -of-
way or easement; and/or
3. That granting the variance will not result in a use which is incompatible with adjacent
properties.
C. The administrative variance decision shall be transmitted in writing to the applicant within
thirty (30) days of receipt of the application.
d. An applicant, or an adjacent property owner, may appeal an administrative variance decision
to the P &Z provided it is filed within fourteen (14) days of the date of the approval. A
separate application and fee shall be required.
e. The administrative variance may prescribe a reasonable time limit within which the action
for the variance is required shall begin, be completed, or both.
21- 100.04 - Conventional Variance
a. A conventional variance applicant shall complete the application provided by the Planning
Department and pay the fee established by Resolution.
b. Public notice regarding the conventional variance application shall be provided in accordance
with Florida Statutes.
C. In order to grant a variance, the Planning and Zoning Board shall make the following
findings of fact:
1. That granting the proposed variance will implement specifically identified policies
and objectives in the Comprehensive Plan;
2. That granting the proposed variance will not result in creating, or continuing, a use
of either a structure, the land, or a combination of land and structure, which is not
compatible with adjacent land uses in the area;
3. That granting the proposed variance is the minimum action available to permit
reasonable use of the property;
4. That the physical characteristics of the subject site are unique to the specific site and
not present on adjacent- sites;
5. That the circumstances creating the need for a variance are not the result of actions
by the applicant, or actions proposed by the applicant.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -21
d. The Planning and Development Department staff shall supply a written staff
recommendation to the Planning and Zoning Board and the applicant no later than ten (10)
days prior to a regularly scheduled meeting.
e. The P &Z may prescribe appropriate conditions for any variance and may prescribe a time
limit.
21- 100.05 - Expiration
Unless specifically stated otherwise, all variances shall expire two (2) years after final action, unless
a building permit or certificate of occupancy has been issued.
21- 100.06 - Appeals
Appeals of P &Z variance decisions shall be made to the City Council in a manner and form required
by the City Council.
SECTION 21 -101 - DEVELOPMENT AGREEMENTS
21- 101.01- Intent
The purpose of this Chapter is to set forth the procedures and requirements necessary for the City
to consider and enter into development agreements. It is the further intent of this Chapter to
encourage a strong commitment to comprehensive and capital facilities planning ensure the provision
of adequate public facilities for development concurrent with the impacts of development, encourage
the efficient use of resources, and reduce the economic cost of development.
21- 101.02 - Procedures
a. An application for a development agreement may only be submitted by the owner, the
owner's designated agent or any other person having a contractual interest in the parcel of
land proposed for the development agreement.
b. An application for a development agreement shall be filed with the Planning Department
accompanied by a nonrefundable fee as established by Resolution.
C. The application shall be in such form and shall contain such information and documentation
as shall be prescribed from time to time, but shall contain at least the following:
1. Applicant's name, address and telephone number.
2. A copy of the most recent deed recorded in the Public Records of Volusia County for
the property under consideration.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -22
3. A survey certified within one (1) year of the filing of the application as reflecting all
improvements and conditions on the property.
4. A statement of the intended development of property.
5. If the proposed development requires site plan approval, the applicant shall submit
a site plan meeting the requirements of Section 21 -93.
6. If the proposed development requires preliminary record plat and construction plan
approval, the applicant shall submit a preliminary record plat and construction plans
meeting the requirements of Article XHI.
d. Within five (5) working days after an application for a development agreement is submitted,
the Planning Department shall determine whether the application is complete.
If the Planning Department determines that the application is not complete, the applicant
shall be so notified in writing within five (5) days of the application's deficiencies. No
further action on the application unless the deficiencies are remedied.
Within 10 working days after the Planning Department determines that an application for a
development agreement is complete, the Planning Department shall make a recommendation
to the P &Z at their next available meeting.
g. If the proposed development requires site plan approval or preliminary record plat and
construction plans approval, the application shall be submitted to the TRC for review after
determining that the application is complete.
h. The TRC shall review the application and provide its recommendation within fifteen (15)
working days. The review of the TRC shall be limited to a recommendation as to whether
the site plan or preliminary record plat and construction plans meet the minimum
requirements of this Code. The TRC may also make recommendations on site layout and
design features.
i. Within ten (10) days after the Planning Department receives the recommendation from the
TRC regarding the site plan or preliminary record plat and construction plans, the Planning
Department shall review the application, make a recommendation and submit the application
to the P &Z for review at their next available meeting.
Public notice for the P &Z public hearing regarding the proposed development agreement
shall be as provided in accordance with Florida Statutes.
k. Upon completion of its deliberations, the P &Z shall issue its written decision within ten (10)
days recommending approval or denial of the development agreement to the City Council
and the applicant.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX-23
Upon receipt of the P &Z recommendation, a public hearing regarding the proposed
development agreement shall be scheduled for the next available City Council meeting in
compliance with the notice requirements in accordance with Florida Statutes.
M. Within a reasonable time of the conclusion of the public hearing, the City Council shall
either grant or deny the application for a development agreement.
n. Notification by the City Clerk of the City Council's decision shall be mailed to all parties and
a copy provided to the Planning Department.
21- 101.03 - Agreement Execution
a. A development agreement shall be executed by all persons having legal or equitable title in
the subject property, including the fee simple owner and any mortgagees, unless the City
Attorney approves the execution of the development agreement without the necessity of such
joinder or subordination based on a determination that the substantial interests of the City
will not be adversely affected thereby. A development agreement is determined to be a
legislative act of the City in the furtherance of its powers to plan, zone and regulate
development within its boundaries and, as such, shall be superior to the rights of existing
mortgagees, lien holders or other persons with a legal or equitable interest in the subject
property and the development agreement, and the obligations and responsibilities arising
thereunder on the property owner shall be superior to the rights of said mortgagees or lien
holders and shall not be subject to foreclosure under the terms of mortgages or liens entered
into or recorded prior to the execution and recordation of the development agreement.
b. In the event that the state and federal laws are enacted after the execution of a development
agreement which are applicable to and preclude the parties compliance with the terms of the
development agreement, such agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal laws, such modification or revocation to take place
only after public hearings pursuant to the requirements of Florida Statutes.
C. Within fourteen (14) days after the City Council executes the development agreement, the
agreement shall be recorded in the Public Records of Volusia County. A copy of the
recorded agreement shall submitted to the State of Florida Department of Community Affairs
within fourteen (14) days after the agreement is recorded.
21- 101.04 - Agreement Criteria
a. A development agreement shall, at a minimum, include the following:
1. A legal description of the land subject to the development agreement and the names
of the legal and equitable owners.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -24
2. The duration of the development agreement which shall not exceed ten (10) years
3. The development uses permitted on the land including population densities, building
intensities and height.
4. The future land use designation of the property.
5. The current zoning designation of the property.
6. A site plan or preliminary plat indicating phases if applicable.
7. A description of public facilities that will service the development, including who
shall provide such facilities, the date any new public facilities, if needed, will be
constructed, and a schedule to assure public facilities are available concurrent with
the impact of the development. Any public facilities to be designated and /or
constructed by the developer shall be in compliance with all applicable federal, state
and local standards to ensure the quality of the public facilities. The standards shall
include, but not be limited to, guarantees of performance and quality, and project
controls (including scheduling, quality controls, and quality assurances).
8. A description of any reservations or dedications of land for public purposes.
9. Any other information necessary for review as determined by the City.
b. A description of all local development permits approved or needed to be approved for the
development of the land specifically, to include at least the following:
1. Any required Comprehensive Plan amendments.
2. Any required rezoning.
3. Any required submission to the RPC or to the DCA.
4. Any required permits by the Florida Department of Environmental Protection, the
U.S. Army Corps of Engineers, the St. Johns River Water Management District, the
United States Environmental Protection Agency and any other governmental
approvals.
5. Any required subdivision plat approval.
6. Any final development order authorizing construction in accordance with the
provisions of the Concurrency Management System requirements of Article XI.
7. Site plan approval and agreement that in the event that a site plan is required by this
Code, all the requirements of the site plan process shall be met prior to development.
C. The development agreement shall specifically provide that all local development permits
shall be obtained at the sole cost of the applicant/property owner and, that in the event that
any such local development permits are not received, no further development of the property
shall be allowed until such time as the City Council has reviewed the matter and determined
whether or not to terminate the development agreement, or to modify it in a manner
consistent with the public interest and the Comprehensive Plan.
d. A finding that the development permitted or proposed in the development agreement is
consistent with the Comprehensive Plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -25
e. A finding that the development permitted or proposed in the development agreement is
consistent with this Code.
A statement indicating that failure of the development agreement to address a particular
permit, condition, term or restriction shall not relieve the applicant/property owner of the
necessity of complying with the law governing said permitting requirements, conditions,
terms or restrictions, and that any matter or thing required to be done under existing
ordinances of the City of Edgewater shall not be otherwise amended, modified or waived
unless such modification, amendment or waiver is expressly provided for in the development
agreement with specific reference to the Code provisions so waived, modified or amended.
g. Such conditions, terms, restrictions, or other requirements determined to be necessary by the
City of Edgewater for the public health, safety, or welfare of its citizens.
21- 101.05 - Amendment and Cancellation
a. A development agreement may be amended or canceled by mutual consent of the parties to
the agreement or by their successors in interest. Prior to amending a development agreement,
public hearings shall be held pursuant to the requirements of Florida Statutes.
b. If the agreement is amended, canceled, modified, extended, or revoked, notice of such action
shall be recorded in the Volusia County Public Records and such recorded notice shall be
submitted to the Department of Community Affairs.
21- 101.06 - Expiration
a. The term of a development agreement may be for any period mutually acceptable to all
parties, except that it shall not exceed ten (10) years.
b. A development agreement may be extended by mutual consent of the parties subject to public
hearings pursuant to the requirements of Florida Statutes.
21- 101.07 - Monitoring
a. The City shall review the development subject to the development agreement twelve (12)
months after the effective date of the agreement to determine if there has been good faith
compliance with the terms of the agreement. For each annual review conducted during years
six through ten (6 - 10) of a development agreement, the review shall be incorporated into
a written report which shall be submitted to the parties and the Florida Department of
Community Affairs.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -26
b. The City shall begin the review process by giving notice to the developer that the City
intends to undertake a periodic review of the development agreement.
21- 101.08 - Compliance
a. If the City finds and determines that the developer has complied in good faith with the terms
and conditions of the development agreement during the period under review, the review for
that period is concluded.
b. If the City makes a preliminary finding that there has been a failure to comply with the terms
of the development agreement, public hearings shall be conducted pursuant to the
requirements of Florida Statutes at which time the developer will be asked to demonstrate
good faith compliance with the terms of the development agreement. If the City Council
finds and determines on the basis of substantial competent evidence that the developer has
not complied in good faith with the terms and conditions of the development agreement
during the period under review, the City Council may modify or revoke the agreement.
C. Any party or any aggrieved or adversely affected person as defined in Section 163.3215(2),
Florida Statutes, may file an action for injunctive relief in the Circuit Court for Volusia
County to enforce the terms of a development agreement or to challenge compliance of the
development agreement with the provisions of this Chapter and Sections 163.3220 through
163.3243, Florida Statutes.
SECTION 21 -102 - MINING PERMITS
21- 102.01 - Authority
a. Except as provided below, no mining or excavation operation shall be conducted without a
permit approved by the City Council. The terms "mining" and "excavation operation"
include any operation that entails the excavation or removal of earth in excess of one hundred
(100) cubic yards.
b. The following activities shall not require a mining permit:
1. Installing utilities.
2. Installing foundations for any building or other structure, or undertaking any
development authorized by site plan approval, conditional use permit, preliminary
plat and construction plan approval, building permit, development permit or
stormwater permit.
3. Digging drainage or mosquito control ditches and canals by authorized units and
agencies of government.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -27
C. Mining permits authorized by the City Council and issued prior to the effective date of this
Code shall comply with the requirements of this Section.
21- 102.02 - Application Requirements
a. An application for a mining permit shall be submitted to the PDD after a preapplication
conference. At a minimum, the application shall contain an operational statement, a mining
(excavation) plan and a reclamation plan as described below.
b. An Operational statement shall, at a minimum, include:
1. The names and business addresses of all applicants.
2. Proof of ownership of the property to be mined.
3. The purpose of the mining operation and size of the area to be mined.
4. A timetable or schedule for mining activities, from commencement of operations
through completion of reclamation.
5. The proposed days and hours of operation, including maintenance and service of
equipment.
6. The method of extraction and processing, including disposition of overburden or top
soils as well as the type of excavation equipment to be used.
7. The location and estimated annual output of machinery or equipment to be used in
any screening, crushing, or processing operation for materials mixed or excavated on
the site.
8. A recent property survey.
C. The operational plan shall also include a description of the proposed operational practices
that, at a minimum, address the issues described below:
1. Mitigation of noise, dust, air contaminants, and vibration.
2. Prevention of undue damage to public streets and roads or creation of a traffic hazard.
3. Protection of the existing drainage system capacity from project surface water
discharges.
4. Prevention of pollution of the groundwater resources.
5. Any other information identified at the preapplication conference as necessary for the
reasonable review of the proposed mining operation.
d. The mining plan shall be submitted at a scale no smaller than one inch (1 ") equals fifty feet
(50'), unless the PDD determines a smaller scale to be appropriate and shall, at a minimum,
include the items described below:
1. The north point, scale, and date of the plan.
2. The location of the property to be mined by legal description and street address, if
any.
3. The boundary lines and dimensions of the property.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) IX -28
4. The extent of the area to be excavated, with dimensions showing property line
setbacks, corner locations, required berm and swale, and phase boundaries.
5. A typical cross - section showing the slope and grade of excavation side slopes, berm
and swales.
6. Processing, storage, and ponding or water detention areas.
7. Proposed fencing, gates, parking and other safety features.
8. Any other information identified in the preapplication conference.
e. The reclamation plan shall delineate procedures necessary to assure that, upon completion
of the mining activity, the property's surface will be left in a suitable condition. The
reclamation plan shall include:
1. A statement of planned reclamation, including the methods to accomplish
reclamation as well as the phasing and timing of reclamation.
2. A plan setting forth the final grade of the excavation any water features included in
the reclamation, proposed methods to prevent stagnation and pollution, landscaping
or vegetative planning, and areas of cut or fill.
3. If excavation is to be accomplished in phases, the area, extent, and approximate
timing of each phase.
4. The method of disposing of any equipment or structure used in the mining operation.
5. Any other information identified in the preapplication conference.
21- 102.03 - Application Process
a. Within ten (10) working days after the application has been submitted, the PDD shall advise
the applicant of any deficiencies that must be addressed before further review can occur, or
transmit the application package to the City Engineer for review.
b. An application shall be deemed to be complete only if all of the required submittals described
in Section 21- 102.02 are included.
C. The City Engineer shall have fifteen (15) working days in which to review the submitted
application for compliance with provisions of the Code.
d. If the City Engineer determines that the application does not comply with the provisions of
this Code, the applicant shall be notified in writing of the cited deficiencies and that no
further review of the application shall take place until the cited deficiencies are addressed.
After the City Engineer determines that the application complies with the provisions of this
Code, the City Engineer shall issue a report and recommendation to the P &Z for a public
hearing at their next available meeting.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -29
f. The P &Z public hearing notice shall be as provided in Florida Statutes.
g. In reviewing the application, the P &Z shall consider the recommendations of the City
Engineer and any testimony presented during the public hearing and make a recommendation
as to whether the application is consistent with the provisions of this Code and any other
applicable ordinances.
h. Upon completion of their deliberations regarding the proposed permit, the P &Z shall transmit
its recommendation to the City Council and the applicant.
i. The City Council shall consider the proposed mining permit at a public hearing held at its
next available meeting.
j. Public notice of the City Council permit hearing shall be in compliance with the
requirements of Florida Statutes.
k. The City Council shall consider the recommendations of the City Engineer, the P &Z
recommendation and any testimony presented during the public hearing and determine
whether the application is consistent with the provisions of Section 21- 102.04.
Following approval of an application by the City Council, the PDD shall issue a mining
permit upon the applicant furnishing a performance bond or other security, approved as to
legal form and sufficiency by the City Attorney, to assure compliance with the requirements
of the mining plan and reclamation plan.
m. The amount of the bond, or other security, shall be set by the City Council upon
recommendation by the City Engineer for an amount not less than one hundred fifteen
percent (115 %) of the cost of reclamation.
n. The bond, or other security, shall be released by the City Council only upon a
recommendation by the City Engineer that all conditions, and reclamations have been
fulfilled. The permit shall set forth any condition, limitation, or requirement City Council,
and shall take effect permit is issued.
o. No mining may commence until a permit is issued and all regulations and conditions of that
permit have been met.
P. The permit approval shall automatically terminate if an applicant fails to post the required
performance bond or other security and obtain a mining permit within one (1) year of the
date of approval by the City Council.
q. A mining permit may be issued for any period not to exceed ten (10) years.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -30
21- 102.04 - Permit Issuance Criteria.
Approval of a mining permit application shall be granted by the City Council, only if the applicant
demonstrates the following:
Consistency with this Code, the Comprehensive Plan, and other applicable ordinances.
b. The proposed mining operation will not have an undue adverse effect upon adjacent property,
the character of the neighborhood, parking, utility facilities, and other matters affecting the
public health, safety and general welfare.
C. All reasonable steps have been taken to minimize noise, dust, air contaminants and vibration.
d. The proposed mining operation will not overburden the existing drainage system.
e. All reasonable steps have been taken to prevent undue pollution of surface and underground
water, and to prevent undue alteration of the water table.
f. The proposed mining operation will be arranged and conducted so as not to interfere
unreasonably with the development and use of neighboring property.
g. The proposed mining operation will not cause undue damage to public streets and roads, and
will not create a traffic hazard.
h. The reclamation plan is adequate to ensure that the property will be properly reclaimed upon
completion of mining operations.
21- 102.05 - Permit Modification
a. Any significant change in mining operations, the mining plan, or the reclamation plan, and
any extension in the mining permit approval period shall be in accordance with a new mining
permit application conforming with and approved under this Code.
b. Any reduction in mining operations, including but not limited to a reduction in hours of
operation, a reduction in mining plan area, or a reduction in the scope of operations shall be
deemed to be not significant.
21- 102.06 - Suspension of Mining Permit
a. The City Clerk shall suspend any mining permit issued under this Code upon determining
that the permittee has failed to meet any requirement of this Code, or has deviated
substantially from or disregarded the terms and conditions of the permit in a manner that
poses an immediate danger to the public health, safety and welfare.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -31
b. No mining operation shall be conducted following suspension of a mining permit until the
City Engineer determines that the permittee is in full compliance with the requirements of
this Code and the terms and conditions of the mining permit and reinstates that permit.
C. Unless the City Engineer has previously reinstated the permit, the permittee under any
suspended mining permit shall be provided a hearing at a regularly scheduled meeting of the
City Council.
d. The City Clerk shall notify the permittee of the date, time and location of such hearing when
he /she imposes the suspension.
e. At the hearing, the City Council shall consider the evidence presented and shall:
1. Confirm the suspension, in which event mining operations shall not be reactivated
until the City Engineer determines that the permittee is in full compliance with the
requirements of this Code and the terms and conditions of the permit and reinstates
the permit; or
2. Confirm the suspension and initiate proceedings to revoke the permit; or
3. Rescind the suspension and direct the reinstatement of the permit.
21- 102.07 - Revocation
a. The City Council shall revoke any mining permit issued under this Code upon determining
that the permittee has:
1. Failed to meet any requirement of this Code or any other rule or regulation governing
the permitted mining operations.
2. Deviated substantially from or disregarded the terms and conditions of the mining
permit.
3. Misstated, misrepresented, or withheld material facts in the permit application
b. Upon recommendation of the City Engineer or upon its own motion, the City Council shall
initiate proceedings to revoke a mining permit by scheduling a public hearing on the matter
and directing the City Engineer to make a report.
C. The permittee shall be provided, by certified mail, notice indicating the date, time and
location of a hearing on the proposed revocation.
d. At the hearing on the proposed revocation, the City Council shall consider the testimony,
submittals, and information presented, and the report of the City Engineer, and shall
determine whether there exists any ground for revoking the mining permit shall require such
additional reports to make its determination as it deems necessary.
e. Within a reasonable time, the City Council shall determine whether to revoke the mining
permit. Notification of the decision of the Council shall be mailed to the permittee.
Sections 21 -103 through 21 -1119 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) IX -32
ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21 -120 -ENFORCEMENT PROCESS
21- 120.01 - Purpose ................................................................................... ............................... X -1
21- 120.02 - Enforcement Procedure .......................................................... ............................... X -1
21- 120.03 - Conduct of Hearing ................................................................ ............................... X -4
21- 120.04 - Notices .................................................................................... ............................... X -5
21- 120.05 - Penalties ................................................................................. ............................... X -6
21- 120.06 - Liens ....................................................................................... ............................... X -6
21- 120.07 - Appeals ................................................................................... ............................... X -7
21- 120.08 - Effect on Pending Projects ..................................................... ............................... X -7
SECTION 21 -121 - SPECIAL CODE COMPLIANCE ISSUES
Sections 21 -122 through 21 -129 reserved for future use.
Article X
-i-
... ............................... X -7
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21 -120 - ENFORCEMENT PROCESS
21- 120.01 - Purpose
The purpose of this Article is to promote, protect and improve the health, safety and welfare of the
citizens of the City by empowering the Code Enforcement Board to collect administrative costs,
impose fines and impose various non - criminal penalties. It is further the purpose of this Article to
provide for equitable and expeditious processes to achieve compliance and/or enforcement of the
provisions of the entire City Code and the Florida Litter Law, Chapter 403.413, FS. Nothing in this
Article shall prohibit, or limit, the City from enforcing the provisions of the City Code and the
Florida Litter law by any available means.
It is also the purpose of this Article to empower the appropriate City staff to establish procedures for
implementation of its provisions. The Planning Director, the Code Enforcement Officer (CEO), the
City Building Official, the Building Inspectors and all Police Department sworn personnel are hereby
designated as code inspectors pursuant to the requirements of Chapter 162.04 (2), FS.
21- 120.02 - Enforcement Procedures
a. Complaints concerning possible code violations are received by telephone, voice mail,
written correspondence, referrals, or by patrol activity. The Code Enforcement Officer will
review the possible complaint and ascertain the type of complaint, and the location of the
alleged violation. The Code Enforcement Officer will ask for the name, phone number and
address of complainant. If the person refuses to reveal their name or address, the
complainant will be listed as an "anonymous complaint." The Code Enforcement Officer will
then process the complaint in accordance with the Code Enforcement Policies and
Procedures.
b. Scheduled dates for code patrolling shall be determined by the Police Chief and assigned to
each Code Enforcement Officer. The Code Enforcement Officer will investigate complaints
along with other scheduled patrols.
C. The scheduled patrol will consist of reviewing recently received complaints, follow up
inspections and patrolling for possible code violations. The patrol will be conducted within
sections of the City as determined by the Police Chief.
d. The Code Enforcement Officer will ascertain if a code violation may exist. If the Code
Enforcement Officer is unable to determine the location of the alleged violation he /she will
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -1
approach the described property to determined if a possible code violation exits. The Code
Enforcement Officer will first approach the front door of the premises to locate the owner
or tenant. The Code Enforcement Officer will seek permission to enter the owner or tenant's
property for the right to investigate the alleged code violation. If the owner or tenant does
not give permission, the Code Enforcement Officer will leave the property and report the
situation to the Police Chief. If no one is present, the Code Enforcement Officer will make
a field observation to determination if a code violation does exist and what corrective action
is necessary. The Code Officer will leave a "Notice of Code Violation" describing the
violation(s) with the requested corrective action and schedule for correction. The Code
Enforcement Officer will log the date and time of the investigation on the complaint/patrol
sheet and on the daily log. All complaints or patrols investigated will be entered into the
computer Code Enforcement Program. Follow up actions shall also be entered until the code
violation is in compliance or the case is heard before the Citizen Code Enforcement Board.
e. Follow up inspections shall be performed in a timely manner in accordance to the "Notice
of Code Violation ". The timetable for follow up inspections will be closely kept to insure
compliance. The Code Enforcement Officer will determine if corrective action was taken
and if the code violation has been brought into compliance. If the Code Enforcement Officer
determines the violation was corrected it shall be noted in the inspection log and
complaint/patrol sheet. If the violation was not corrected, as required on the "Notice of Code
Violation ", the Code Officer will prepare a "Letter of Notice" to be sent by regular mail to
the tenant/property owner.
f. The reinspection of the violation shall take place on the date stated in the "Letter of Notice."
The Code Enforcement Officer will visit the site and determine if corrective action has taken
place. The Code Enforcement Officer will note the complaint/patrol sheet and daily log as
"In Compliance" if the corrective action has been completed in accordance with the "Letter
of Notice." The inspection date and time will be noted on the "Letter of Notice ".
g. If re- inspection of the code violation(s) found only a partial correction of the violation(s), the
Code Enforcement Officer will determine if additional time is needed to complete the
correction. The Code Enforcement Officer will log the date and time of the reinspection on
the complaint/patrol sheet and shall note the amount of correction that was completed. The
Code Enforcement Officer will determine if additional time is to be given to fully correct the
violation. If the Code Enforcement Officer determines that insufficient corrective action was
performed, the Code Enforcement Officer shall note on the complaint/patrol sheet and daily
log what code violation(s) still exist. The Code Enforcement Officer shall notice the
owner /tenant of the lack of compliance and issue a "Not In Compliance" form.
h. The Code Enforcement Officer shall issue a "Notice of Violation" when the code violation
has not been corrected in the time prescribed by the Code Enforcement Officer. The "Notice
of Violation" shall be sent by certified mail. The "Notice of Violation" shall state the
Section of the Code that is in violation and the corrective action needed to bring the code
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -2
violation into compliance. The "Notice of Violation" will state the time period in which the
violation must be corrected or the owner /tenant will be required to appear before the next
scheduled Citizen Code Enforcement Board Hearing. The "Notice of Violation" shall place
the owner /tenant on notice that failure to achieve compliance with the City's Code may result
in fines and liens being placed against the property.
The Code Enforcement Officer shall re- inspect the property after the prescribed time period
given in the "Notice of Violation" letter. The Code Enforcement Officer will take
photographs of the violation(s) with a dated camera. The Code Enforcement Officer will
schedule the owner /tenant for appearance before the next scheduled Citizen Code
Enforcement Board meeting.
The Code Enforcement Officer shall prepare the case for presentation before the Citizen
Code Enforcement Board.
k. The Code Enforcement Officer shall prepare the "Notice of Violation Hearing" to be sent
to the owner /tenant, by certified mail, return receipt requested, informing them of the date
and time of the Citizen Code Enforcement Board Hearing. The "Notice of Violation
Hearing" must be sent no less than two weeks prior to the meeting date of the Citizen Code
Enforcement Board (3` Thursday of the month).
1. The Agenda for the Citizen Code Enforcement Board shall be prepared ten days prior to the
scheduled Citizen Code Enforcement Board meeting. If the return receipt from the certified
mailing of the "Notice of Violation Hearing" has not been returned to Code Enforcement,
the property will be posted with a " Notice of Violation Hearing" no less than ten days
prior to the scheduled Citizen Code Board meeting.
M. The Agenda for the Citizen Code Enforcement Board shall be reviewed by the Code Board
Attorney prior to advertisement of the Citizen Code Enforcement Board meeting.
n. The Agenda for the Code Enforcement Board must be advertised in a local newspaper of
general circulation no later than eight days prior to the Citizen Code Enforcement Board
meeting.
o. No later than seven days prior to the Citizen Code Enforcement Board meeting, the Agenda
shall be hand delivered to all members of the Citizen Code Enforcement Board.
P. The Code Enforcement Officer shall inspect all Agendaed items and report any changes on
site to the Citizen Code Enforcement Board.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -3
q. The Citizen Code Enforcement Board shall meet on the third Thursday of each month at 5:30
p.m. in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. All meetings
of the Citizen Code Enforcement Board shall be advertised in the local newspaper and are
subject to the "Sunshine Law ".
r. If a repeat violation is found, the CEO shall notify the violator, but is not required to give the
violator a reasonable time to correct the violation and shall schedule consideration of the
matter by the CEB at the next available meeting.
S. The case may be presented to the CEB even if the repeat violation has been corrected prior
to the Board hearing, and the notice shall so state.
t. If the CEO has reason to believe a violation, or the condition causing the violation, represents
a serious threat to the public health, safety, and welfare; or if the violation is irreparable, or
irreversible in nature, the CEO shall make a reasonable effort to notify the violator and may
immediately request a hearing be scheduled.
U. Persons that may be charged with an alleged violation may include:
1. The owner, agent, lessor, lessee, contractor, or any other person using the land,
structure or premises where such violation has occurred; or
2. Any person who knowingly commits, takes part in or assists in any such violation;
or
3. Any person who maintains any land, structure or premises in which a violation exists.
21- 120.03 - Conduct of Hearing
a. Each case before the Code Enforcement Board shall be presented by the Code Enforcement
Officer, or another person designated by the City Manager. The CEO may seek assistance
of any other persons in presenting the case.
b. If the City prevails in prosecuting a case before the CEB, the City shall be entitled to recover
all costs incurred in prosecuting said case.
C. The Board shall take sworn testimony from all parties and may hear any additional relevant
evidence that has substantial guarantees of truthfulness. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall govern the hearing
proceedings.
d. At the conclusion of the hearing, the Board shall issue findings of fact, based on evidence
of record and conclusions of law, and shall issue an order affording the proper relief
consistent with powers granted herein.
Rev. 7100 ( PoliciesProcedures /LandDevelopmentCode) X -4
e. The order may specify a date by which the violation must be corrected and that a fine may
be imposed if the order is not complied with by said date.
A certified copy of such order shall be recorded in the public records of Volusia County and
shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the
violation concerns real property. The findings therein shall be binding upon the violator and,
if the violation concerns real property, any subsequent purchasers, successors in interest, or
assigns.
g. If an order is recorded in the public records pursuant to this Article and the order is complied
with by the date specified in the order, the Code Enforcement Board shall issue an order
acknowledging compliance that shall be recorded in the public records. A CEB hearing is
not required to issue such an order acknowledging compliance.
21- 120.04 - Notices
a. All notices required by this Article shall be provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by a code inspector, a member of the Edgewater
Police Department or other person designated by the City Manager; or by leaving the notice
at the violator's usual place of residence with any person residing therein who is above
eighteen (18) years of age and informing such person of the contents of the notice.
b. In addition to providing notice as set forth in subsection (a), notice may also be served by
publication, as follows:
1. Such notice shall be published once during each week for four (4) consecutive weeks
in a newspaper of general circulation in Volusia County.
2. The newspaper shall meet such requirements as are prescribed under Chapter 50,
Florida Statutes, for legal and official advertisements.
3. Proof of publication shall be made as provided in Sections 50.041 and 50.051,
Florida Statutes.
C. In lieu of publication as described above, such notice may be posted for at least ten (10) days
in at least two (2) locations, one of which shall be the property upon which the violation is
alleged to exist and the other shall be City Hall. Proof of posting shall be by affidavit of the
person posting the notice, which affidavit shall include a copy of the notice posted and the
date and places of its posting.
d. Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (a).
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -5
e. Evidence that an attempt has been made to hand deliver, or mail notice as provided above,
shall be sufficient to show that the notice requirements have been met, without regard to
whether or not the alleged violator actually received such notice.
21- 120.05 - Penalties
a. The CEB, upon notification by the Code Enforcement Officer that an order of the Board has
not been complied with by the set time, or upon finding that a repeat violation has been
committed, may order the violator to pay a fine in an amount described in Chapter 162, FS.
b. In addition, if the violation is a violation described in section 21- 120.02(r t), the Board shall
notify the City Council, which may make all reasonable repairs which are required to bring
the property into compliance and charge the violator with the reasonable cost of the repairs
along with the fine imposed pursuant to Chapter 162, FS.
C. If a finding of a violation, or a repeat violation has been made, a CEB, hearing shall not be
necessary for issuance of the order imposing the fine.
d. In determining the amount of the fine, if any, the Enforcement Board shall consider the
following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
e. The Code Enforcement Board may reduce a fine imposed pursuant to this Article, unless
there is alien imposed related to the fine. In such cases, the City Council may execute alien
satisfaction document [Chapter 162.09(2) FS]
f. A certified copy of an order imposing a fine shall be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator.
g. Upon petition to the Circuit Court, such order may be enforced as if it is a court judgment
by the Sheriff, including levy against the personal property, but such order shall not be
deemed a court judgment except for enforcement purposes.
h. A fine imposed pursuant to this Article shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this
section, whichever occurs first.
21- 120.06 - Liens
a. A lien arising from a fine imposed pursuant to this Article runs in favor of the City and the
City Council may execute a satisfaction, or release, of lien entered pursuant to this Article.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -6
b. After three (3) months from the filing of any lien, which remains unpaid, the City Council
may authorize the City Attorney to foreclose on the lien.
No lien created pursuant to the provisions of this section may be foreclosed on real property
which is a homestead under Section 4, Article X of the State Constitution.
d. No lien provided by this article shall continue for a longer period than twenty (20) years after
the certified copy of an order imposing a fine has been recorded, unless within that time an
action to foreclose on the lien is commenced in a court of competent jurisdiction.
e. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee that it incurs in the foreclosure.
The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien.
g. The continuation of the lien effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable consideration without notice, unless
a notice of lis pendens is recorded.
21- 120.07 - Appeals
a. An aggrieved party, including the City, may appeal an order of the Code Enforcement Board
to the Circuit Court in the form and manner proscribed by the Court.
b. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Code Enforcement Board.
C. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.
(Chapter 162.11, FS).
21- 120.08 - Effect On Pending Projects
The City Manager, shall suspend consideration of any application for development approval
regarding property that is the subject of code enforcement action. Such suspension shall remain in
effect until the violation is abated and any outstanding fine /lien is satisfied.
SECTION 21 -121 - SPECIAL CODE COMPLIANCE ISSUES
This section of the LDC contains the standards and criteria for various code compliance issues not
otherwise described herein. The City finds that said issues require compliance, and/or enforcement,
attention in order to preserve private property values and the public welfare. Violations relating to
vehicle sales on vacant lots; neglected premises; Florida litter law; excessive vegetation growth and
residential solid waste receptacles shall be as provided in Section 21 -120.
Sections 21 -122 through 21 -129 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X -7
ARTICLE XI
CONCURRENCY MANAGEMENT SYSTEM
SECTION 21 -130 - PURPOSE AND INTENT ... ............................... XI -1
SECTION 21 -131 - COMPREHENSIVE PLAN CONSISTENCY ................. XI -1
SECTION 21 -132 - CONCURRENCY REVIEW PROCESS
21- 132.01- General .................... ............................... XI -2
21- 132.02 - Procedures Manual ........... ............................... XI -2
21- 132.03 - Application ................. ............................... XI -2
21- 132.04 - Traffic Counts XI -2
21- 132.05 - Concurrency Determination .... ............................... XI -3
21- 132.06- Appeals .................... ............................... XI -3
21- 132.07 - Concurrency Resolution ....... ............................... XI -3
21- 132.08- Fees ....................... ............................... XI -3
SECTION 21 -133 - APPLICABILITY AND EXEMPTIONS
21- 133.01 - Projects Below the Minimum Threshold ......................... XI -4
21- 133.02 - Vested Projects .............. ............................... XI -4
21- 133.03 - Redevelopment Projects ....... ............................... XI -4
SECTION 21 -134 - FINAL DEVELOPMENT ORDER CRITERIA
21- 134.01 - Sewer, Water, Solid Waste & Drainage .......................... XI -5
21- 134.02 - Parks & Recreation ........... ............................... XI -5
21- 134.03 - Transportation Facilities ....... ............................... XI -6
SECTION 21 -135 - ADOPTED LEVEL OF SERVICE STANDARDS .............. XI -7
SECTION 21 -136 - CONCURRENCY DEMAND METHODOLOGY
21-
136.01
- Roadways .................. ............................... XI -8
21-
136.02
- Solid Waste ............... ...............................
XI -10
21-
136.03
- Potable Water .............. ...............................
XI -10
21-
136.04
- Sanitary Sewer ............. ...............................
XI -10
21-
136.05-
Drainage .................. ...............................
XI -11
21-
136.06
- Recreation and Open Space ... ...............................
XI -11
SECTION 21 -137 - INTERGOVERNMENTAL COORDINATION
21- 137.01 - Multi- jurisdictional Developments ............................ XI -11
Sections 21 -138 through 21 -139 reserved for future use.
Article XI
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XI
CONCURRENCY MANAGEMENT SYSTEM
SECTION 21 -130 - PURPOSE AND INTENT
Concurrency is a finding that the public facilities and services necessary to support a proposed
development are available, or will be made available, concurrent with the impacts of the
development. This Article is intended to provide a systematic process for the review and evaluation
of all proposed development for its impact on public facilities and services as required by Chapter
163.3180, Florida Statutes (FS), and Rule 9J- 5.0055, Florida Administrative Code (FAC).
Public facilities and services in the City of Edgewater that are subject to these regulations include:
a. Potable Water
b. Sanitary Sewer
C. Drainage /Stormwater
d. Recreation /Open Space
e. Solid Waste
f. Roadways
The purpose of this Article is to ensure that development orders and permits are conditioned on the
availability of these facilities and services that meet adopted level of service requirements identified
in this Article. This Article is also intended to describe the requirements and procedures for
determining consistency of proposed development with the City of Edgewater's Comprehensive Plan.
SECTION 21 -131 - CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
Pursuant to the requirements of Chapter 163.3194 (1)(a), FS, all development applications must
represent projects that are consistent with the City of Edgewater Comprehensive Plan, particularly
the Future Land Use Element designations for the subject parcel. Upon a determination by the City
staff that a proposed project is consistent with the Plan, the development permit applications shall
demonstrate that the public facilities listed above shall be available at prescribed levels of service
when the impact of the development occurs.
The provisions of this Article implement the policies of the Comprehensive Plan listed below:
a. Future Land Use Element - 2.4; 3.1,3.2,3.3,3.4; 4.2,4.4; 6.1,6.2,6.3
b. Traffic Circulation Element - 1.2,1.3; 2.3
C. Sanitary Sewer Subelement - 1.1,1.2; 2.4
d. Potable Water Subelement - 1.1
e. Drainage Subelement - 1.1,1.2; 4.3
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -1
f. Coastal Zone Mgmt Element - 4.3; 7A1,7A2
g. Recreation & Open Space Element - 1.2
SECTION 21 -132 - CONCURRENCY REVIEW PROCESS
21- 132.01 - General
a. The Planning and Development Director shall be responsible for the administration of the
Concurrency Management System. No final development order shall be issued for any
project unless it meets the conditions stated in this Article.
b. The Planning and Development Department shall present a concurrency management status
report to the Planning and Zoning Board in sufficient time to allow its review and
recommendation to the City Council for preparation of the City's Capital Improvement
Element and Budget.
21- 132.02 - Procedures
The Planning and Development Department shall review the Edgewater Concurrency Management
System Procedures Manual and make recommendations regarding any necessary changes to the
Planning and Zoning Board. Upon the Planning and Zoning Board's approval of the Department's
recommendation, the Manual will be revised. If the recommendations require changes to this
Article, the LDC amendment process described in Article IX shall be completed.
21- 132.03 - Application
a. All applicants for projects subject to a concurrency review shall make application in the
manner and form prescribed by the Department and shall at a minimum include the proposed
use, its density or intensity and anticipation completion date.
b. No application for concurrency review shall be accepted unless accompanied by the required
documentation and application fee.
21- 132.04 - Traffic Counts
The Planning and Development Department shall publish the annual average daily vehicle trips
counts for the arterial and collector roadway segments affecting the City when provided by FDOT
and/or Volusia County. Traffic counts may also be collected and published for local streets as the
need warrants.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -2
21- 132.05 - Concurrency Determination
The Planning and Development Department shall provide the applicant with a written determination
concerning the proposed development no later than twenty -one (21) working days after submission
of the application.
a. Identifying the available capacity of each facility cited in herein; and
b. Identifying any facility deficiencies; and
C. Identifying the improvements required for a deficient facility to meet the adopted level of
service standards; and
d. Other such findings as may be pertinent to the specific project.
21- 132.06 - Appeals
An applicant may appeal concurrency determination made by the Planning and Development
Department to the Planning and Zoning Board in the form and manner provided in Section 21 -85.
21- 132.07 - Concurrency Resolution
If the concurrency review determines that the proposed project will cause the level of service
standards for one or more of the facilities listed in Section 21 -134 to be exceeded, the City and the
applicant may enter into a developer's agreement pursuant to the requirements of Chapter 163.3220-
3243, FS.
21- 132.08 - Fees
The fees for concurrency management reviews and other matters shall be as established by
resolution.
SECTION 21 -133 - APPLICABILITY AND EXEMPTIONS
All proposed development projects shall be subject to concurrency review, unless specifically
exempted below. In no case, shall a development order be issued for a minimum threshold project
which would impact a public facility for which a moratorium, or deferral on development, has been
placed.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -3
21- 133.01 - Projects Below the Minimum Threshold
The following projects shall be exempt from concurrency review:
a. Residential projects resulting in the creation of a one single family dwelling, or one two
family dwelling as well as projects that entail structural alterations to such structures which
do not change the use of the structure or land; or
b. Change of use, or expansion, of non - residential projects of up to ten percent (10 %) of the
existing gross floor area, providing such change of use, or expansion is estimated to generate
less than a fifteen percent (15 %) increase in utility demand for the changed or expanded
structure. Vehicle trip generation data shall be pursuant to the latest edition of the Institute
of Traffic Engineers publication, Trip Generation Manual; or
Construction of residential or non - residential accessory buildings and structures which do
not create additional public facility demand; or,
d. Actions administered through non - impact development orders as well as other developments
which do not increase demand on public facilities, such as grading or excavation of land, or
structural alterations which do not include a change of use and satisfy provisions of a. and
b. above.
21- 133.02 - Vested Projects
Projects with valid final development orders prior to adoption of this Code shall be considered
vested and exempt from concurrency management. These development orders shall include the
following:
a. Any project for which a valid building permit was issued prior to adoption of this Code and
has not expired; or
b. All vacant lots in single family detached, single family attached, and two family subdivisions
which were platted and recorded prior to adoption of this Code.
21- 133.03 - Redevelopment Projects
a. If a redevelopment project generates demand in excess of one hundred fifteen percent (115 %)
of the establishment it is replacing, a concurrency review shall be required. However, the
concurrency review shall only be directed to the demand generated that exceeds the demand
of prior existing development.
b. If the proposed redevelopment generates equal, or less, demand than the existing project, the
applicant for concurrency review shall be given a concurrency credit memorandum within
thirty (30) days of the concurrency evaluation which enables the applicant to reserve the
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -4
unused capacity. The concurrency credit memorandum will expire within 3 years of its
issuance. The applicant's submission of an application for a demolition permit shall initiate
the concurrency review for the express purpose of issuing credits for redevelopment.
SECTION 21 -134 - FINAL DEVELOPMENT ORDER CRITERIA
A final development order shall not be granted for a proposed development unless the City finds that
capacity for public facilities exists at, or above, adopted level of service (LOS), or that improvements
necessary to bring concurrency facilities up to their adopted LOS will be in place concurrent with
the impacts of the development. The City shall find that the criteria listed below has been met in
order for a proposed development to be found in compliance with concurrency management
requirements.
21- 134.01 - Sanitary Sewer, Solid Waste, Drainage, And Potable Water Facilities
Sanitary sewer, solid waste, drainage, and potable water facilities shall, at a minimum, meet the
following standards to satisfy the concurrency requirements:
a. A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, or its functional equivalent, the necessary facilities and services are
in place and available to serve the new development; or,
b. At the time the development order is issued, the necessary facilities are guaranteed in an
enforceable development agreement pursuant to Section 163.3220, FS; or
An agreement, or development order, issued pursuant to Chapter 380, FS, to be in place and
available to serve new development at the time of the issuance of a certificate of occupancy.
(Section 163.3180 [2a], FS)
21- 134.02 - Parks and Recreation Facilities
Parks and recreational facilities shall, at a minimum, ensure the following standards are met:
a. At the time the development order is issued, the necessary facilities are in place, or actual
construction has commenced; or,
b. A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, the acreage for the necessary facilities to serve the new development
is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are
committed; and,
A development order is issued subject to the conditions that the necessary facilities
needed to serve the new development are scheduled to be in place, or under actual
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -5
construction, not more than one (1) year after issuance of a certificate of occupancy,
as provided in the City's Capital Improvement Element; or,
2. At the time the development order is issued, the necessary facilities are the subject
of a binding executed agreement which requires the necessary facilities and services
to serve the new development to be in place or under actual construction nor more
than one (1) year after issuance of a certificate of occupancy; or,
3. At the time the development order is issued, the necessary facilities are guaranteed
in an enforceable development agreement pursuant to Section 163.3220, FS or under
actual construction not more than one (1) year after issuance of a certificate of
occupancy.
21- 134.03 - Transportation Facilities
Transportation facilities shall, at a minimum, meet the following standards:
a. At the time a development order is issued, the necessary facilities and services are in place
or under construction; or
b. A development order is issued subject to the conditions that the necessary facilities and
services needed to serve the new development are scheduled to be in place or under actual
construction nor more than three (3) years after issuance of a certificate of occupancy or its
functional equivalent, as provided in the adopted local government five (5) year schedule of
capital improvements. The schedule of capital improvements may include transportation
projects included in the first three (3) years of the most current adopted Florida Department
of Transportation Five Year Work Program. The Capital Improvement Element must include
the following policies:
1. The estimated date of actual project construction commencement and the estimated
completion date;
2. A provision that a plan amendment is required to eliminate, defer, or delay
construction of any road facility which is needed to maintain the adopted level of
service standard and which is listed in the first three (3) years of the five (5) year
schedule of improvements in the Capital Improvement Element.
At the time a development order is issued, the necessary facilities are the subject of a binding
executed agreement which require the necessary facilities to serve the new development to
be in place or under actual construction no more than three (3) years after the issuance of a
Certificate of Occupancy; or,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -6
d. At the time a development order is issued, the necessary facilities and services are guaranteed
in an enforceable development agreement, pursuant to Section 163.3220, FS; or an
agreement or development order issued pursuant to Chapter 380, FS; and will be in place or
under actual construction not more than three (3) years after issuance of a Certificate of
Occupancy.
SECTION 21 -135 - ADOPTED LEVEL OF SERVICE STANDARDS
Table XI -1 depicts the level of service standards for those public facilities for which concurrency is
required and are found in Policy 4.1 of the Capital Improvement Element of the Comprehensive
Plan. These standards may only be changed by the full -scale plan amendment process described in
Article IX.
TABLE XI -1
ADOPTED LEVEL -OF- SERVICE STANDARDS
Level of Service Standards
Recreation LOS /Person
Sanitary Sewer - 200 gallons/ER U
5 acres of parkland per 1,000 residents
Solid Waste - 4.4 lbs. /capita/day
Drainage - 25 year /24 hr storm
Potable Water - 250 gallons/ERU
US 1 - LOS D
Riverside Drive - LOS D
Park Avenue - LOS D
Queen Palm Drive - LOS D
Indian River Blvd - LOS D
Virginia Street - LOS D
Local Streets - LOS E
Source: Capital Improvement Element
Note: Roadway Levels of Service are based on the PM Peak Hour
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) XI -7
SECTION 21 -136 CONCURRENCY DEMAND METHODOLOGY
The level of service standards for all concurrency facilities are listed above. The applicant shall
provide the Planning and Development Department with the information required to apply the
adopted level of service standard. The demand on concurrency facilities generated by the applicant's
development shall be determined as described herein.
21- 136.01 - Roadways
The following criteria shall be used to calculate the trips generated by various land uses:
a. For proposed residential development (except within planned developments), ten (10)
vehicle trips per day per single family or duplex shall be used. Six (6.0) trips per day per
dwelling unit shall be used for all multi - family residential projects.
b. For all other development categories allowed within the Future Land Use Element the
impacts of development shall be measured by utilizing the average daily trip generation rate
for each land use in the proposed development. Internal capture rates may be used in
determining traffic volumes for mixed use developments, provided the applicant can justify
the rates used.
C. If the preliminary level of service information indicates a deficiency in roadway capacity
based on adopted level of service (LOS) standards, the developer may at his option, do either
of the following:
1. Prepare a more detailed alternative Highway Capacity Analysis as described in the
Highway Capacity Manual (Special Report 209, Transportation Research Board,
National Research Council, 1985); or
2. Conduct a travel time and delay study following professional standards and
procedures contained in the FDOT Manual for Uniform Traffic Studies
d. The developer shall be required to submit a traffic analysis for any new development,
including new subdivisions, that is projected to generate five hundred (500) or more trips per
day.
e. The Planning and Development Department may also require the submission of a traffic
analysis for developments that generate less than five hundred (500) trips per day if the site
location, anticipated total trip generation circulation patterns, possible multi jurisdictional
effects, or other such factors, warrant a more extensive review of traffic impacts.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -8
f. The impact area for the traffic analysis shall include adjacent and connected roadway
segments, as determined by the Planning and Development Director. The applicant may
supply alternative trip calculations, including a trip allocation methodology statement that
is consistent with the standards in one, or more, of the following documents:
1. 1985 Highway Capacity Manual, Report 209, Transportation Research Board,
National Research Council; or
2. Florida Highway System Plan "Traffic Analysis Procedures," Florida Department
of Transportation, Bureau of Multi -Modal Systems Planning, 1987;or
3. Florida HighwU System Plan "Level of Service Standards and Guidelines Manual,"
Florida Department of Transportation, 1988; or
4. Trip Generation Manual Institute of Transportation Engineers (latest edition); or,
5. Transportation and Land Development Stover, Virgil G., Institute of Transportation
Engineers, 1988.
g. The traffic analysis shall include the following:
1. Total projected average weekday trips for the proposed development; and
2. Pass -by capture rate (commercial land uses only); and
3. Internal capture rate (planned development only);and
4. Daily external trips based on the most recent edition of the Institute of Transportation
Engineers Trip Generation Manual and
5. Projected peak hour peak direction vehicle trips on all segments of the arterial and
collector street system affected by the development project.
(a) Design capacity of the accessed road(s);
(b) Analysis of traffic distribution on the road network, including all links
impacted by more than ten percent (10%) of project traffic or five hundred
(500) trips per day, whichever is greater. The trip distribution shall be
consistent with the "presets" contained in the approved trip generation model;
(c) Necessary operational improvements to the City, County, or State maintained
transportation system, in order to maintain the appropriate level of service for
the roadway;
(d) Justification, including appropriate references for the use of any trip
generation rates, adjustment factors or traffic assignment methods not
previously approved by the City;
(e) The latest edition of the TTE Trip Generation Manual shall be used to
calculate these estimates. Adjustments to these estimates may be made based
on special trip generation information supplied by the applicant; and,
(f) Other information as may be required by the City.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -9
(g) If the alternative methodology indicates there is no deficiency in the capacity,
the results of the alternative methodology will be used. However, the City
shall reserve the option to submit the methodology for review by a
transportation professional prior to accepting the methodology. The cost for
such review shall be borne by the applicant.
21- 136.02 - Solid Waste Facilities
The demand for solid waste facilities is determined as follows:
a. For residential development, multiply the total number of units proposed times 4.4 pounds
per day, per dwelling unit.
21- 136.03 - Potable Water Facilities
The demand for potable water shall be determined as follows:
a. Multiply 250 (100 gals /capita x 2.5 average persons/household) gallons times the number of
dwelling units for residential projects.
b. For retail /commercial development, the demand for potable water shall be determined by
multiplying 25 gallons per fixture unit divided by 250 = Equivalent Residential Units
(ERU's).
C. For warehouse /office showroom development, the demand for potable water shall be
determined by multiplying 25 gallons per fixture unit divided by 250 = Equivalent
Residential Units.
21- 136.04 - Sanitary Sewer Facilities
The demand for sanitary sewer shall be determined as follows:
a. For residential projects, multiply 225 (85 gals /capita/day x 2.5 average persons per
household) gallons times the total number of proposed dwelling units
b. For retail /commercial development, the demand for sanitary sewer shall be determined by
multiplying 25 gallons per fixture count divided by 225 = Equivalent Residential Units.
C. For warehouse /office showroom development, the demand for sanitary sewer shall be
determined by multiplying 25 gallons per fixture count divided by 225 = Equivalent
Residential Units.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -10
21- 136.05 - Drainage
The applicant shall provide evidence demonstrating that the proposed project shall meet the City's
adopted level of service standards for drainage (100 year storm event).
21- 136.06 - Recreation and Open Space
The demand for recreation areas shall be determined by applying the recreation facilities standards
found in Table XI -1.
SECTION 21 -137 - INTERGOVERNMENTAL COORDINATION
21- 137.01 - Multi- jurisdictional Developments
Developments which would impact a public facility in one, or more, adjacent local government
jurisdictions shall be subject to an intergovernmental review for concurrency. Table XI- 2 identifies
some projects that will be subject to multi - jurisdictional review. Other proposed projects may also
be subject to review by other local governments depending on the unique characteristics of the
project.
TABLE XI - 2
TRAFFIC IMPACTS STUDY AREA RADII (miles)
tial
Hotel or
Office
Shop Centers
Industrial
Units
Motel Units
(GLFA)
(GLFA)
(GLFA)
U
0 -249
0- 99,000
0- 49,000
0- 249,000
s
0.5 miles
0.25 miles
0.25 miles
0.5 miles
100 - 199,000
50- 99,999
s
ro+
F 510-499
miles
1.0 miles
0.5 miles
F50-499,000
miles
0 DU
500 -1000
200,000 +
100 - 199,000
999000
es
1.5 miles
1.5 miles
0.75 miles
miles
F-
200 - 399,000
1,000,000 +
1.2 miles
F10(00+
miles
1.0 miles
2 .0 miles
400,000+
1.5 miles
Source: Planning and Development Department, January 1999
Note: GLFA = gross leasable floor area
Sections 21 -138 through 21 -139 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI -11
ARTICLE XII
TELECOMMUNICATION TOWERS
SECTION 21 -140 - PURPOSE
21- 140.01- Intent ..................... ............................... XII -1
SECTION 21 -141 - LOCATION CRITERIA
21- 141.01 - Tower Setbacks ............ ............................... XII -1
21- 141.02 - Permitted Tower Locations ... ............................... XII -2
SECTION 21 -142 - SITE DEVELOPMENT CRITERIA
21- 142.01- Lighting .................. ............................... XII -4
21- 142.02 - Painting ................... ............................... XII -4
21- 142.03 - Construction ............... ............................... XII
21- 142.04 - Multiple Use ............... ............................... XII -4
21- 142.05 - Additions/Improvements ..... ............................... XII -4
21-142.06 - Signage ................... ............................... XII -4
21- 142.07 - Landscaping ............... ............................... XII -4
21- 142.08 -Site ...................... ............................... XII -5
21- 142.09 - Liability .................. ............................... XII -5
21- 142.10 - Lightning Protection ......... ............................... XII -5
21- 142.11- Fencing ................... ............................... XII -5
21- 142.12 - Co- Location ............... ............................... XII -5
SECTION 21 -143 - SPECIAL PERMIT PROCESS
21- 143.01 - Intent ..................... ............................... XII -6
21- 143.02- Procedures ................ ............................... XII-6
21- 143.03 - Special Permit Criteria ....... ............................... XII -7
SECTION 21 -144 - LOCATION INCENTIVES
21- 144.01 - City Owned Property ........ ............................... XII -7
21- 144.02 - Florida Power and Light R/W . ............................... XII -8
21- 144.03 - Other Public Property ........ ............................... XII -8
SECTION 21 -145 - ANTENNAS ON BUILDINGS ............................. XII -8
SECTION 21 -146 - INSPECTIONS /CERTIFICATIONS ........................ XII -9
SECTION 21 -147 - ABANDONMENT ........ ............................... XII -9
Article XII
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -148 - ARTICLE AMENDMENTS
21- 148.01 - Variance ................. ............................... XII -10
21- 148.02- Process .................. ............................... XII -10
21- 148.03- Appeals .................. ............................... XII -10
Section 21 -149 through 21 -159 reserved for future use.
Article XII
-ii-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XII
TELECOMMUNICATION TOWERS
SECTION 21 -140 - PURPOSE
21- 140.01 - Intent
The purpose of this section is to establish an incentive -based regulatory system for the location of
telecommunication towers so that the maximum level of service is available to users with a
minimum of disruption to residential neighborhoods. The basic philosophy is to make the decision
process more complex and the criteria tougher for guyed and lattice towers because they are more
aesthetically annoying than monopoles. The location of telecommunication towers is quasi-judicial
in nature and shall be administered accordingly.
SECTION 21 -141 - LOCATION CRITERIA
The term monopole means a telecommunication tower consisting of a single pole or spire self
supported by a permanent foundation, constructed without guy wires and ground anchors. The term
others means towers that are supported by guyed wires and lattice towers.
21- 141.01 - Tower Setbacks
a. Table XII -1 below shows the tower setbacks from adjacent parcels designated as low density
residential (LDR), medium density residential (MDR), high density residential (HDR) and
public right -of -way.
b. Except as provided in Section 21 -144, Table XII -1 shows the percentile to be applied to the
proposed tower height to determine the required setback from adjacent property lines. For
example, a 175 foot monopole times the percentile equals 350 feet from a parcel designated
LDR, MDR, HDR in the City's Comprehensive Plan and 87.5 feet from a public road R/W.
C. The setback is measured from the base of the antenna to the nearest property line.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -1
Table XII -1
Tower Setbacks (% of height)
Land Use/Tower Height
<75
Ft.
> 100
Ft.
> 125
Ft.
> 150
Ft.
> 175
Ft.
> 200 +
Ft.
LDR, MDR, HDR
Monopoles
Others
100 %
110
100 0 10
125
125 °Io
200
150%
1200
200 %
300
250
300
Public R/W
Monopoles
Others
25
125
25
125
25
125
25
150
50
150
100
200
Source: Planning & Development Dept., January 1999
21- 141.02 - Permitted Tower Locations
a. Table XII -2 provides the location criteria by Future Land Use Map category, type of
construction and height. The letter P means the tower is permitted by right, only if the site
development criteria provided in section 21 -142 are met. Except as provided in Section
21 -144, no designation means it is not permitted in that land use category.
b. The letter X means the location must have a special permit, i.e., a public hearing by the P &Z
and a second public hearing by City Council. The letter L means evidence of a lease from
the property owner is required prior to issuance of a building permit.
C. The height of the tower shall be measured from the crown of the nearest public road to the
top of the tower, whether a stand alone tower or attached to another structure. All towers
shall be designed to blend into the character of the adjacent parcels and be as unobtrusive as
possible. A graphic demonstration may be necessary in this regard.
d. All towers existing on the effective date of this Code shall become legal nonconforming uses.
Temporary towers may be erected when associated with a Special Use Permit issued by the
City.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -2
Table XII -2
Telecommunication Tower Location
Tower Height
Future Land Use Map
< 75
Ft.
> 100
Ft.
> 125
Ft.
> 150
Ft.
> 175
Ft.
> 200 +
Ft.
Public Semi - Public
Monopoles
Others
P
XL
P
XL
P
XL
P
XL
X
XL
X
XL
Low Density Resid.
Monopoles
Others Inc,
P
Ino
P
I no
P
X
no
X
no
X
no
Med. Density Resid.
Monopoles
Others
P
no
P
no
no
P I X
X
no
X
no
High Density Resid.
Monopoles
Other
P
I no
P
no
I P
no
I X
no
X
no
X
no
Commercial
Monopoles
Others
P
P
P
P
P
X
P
X
P
X
X
X
Recreational
Monopoles
Others
P
IXL
P
XL
P
XL
P
XL
X
IXL
X
XL
Conservation
Monopoles
Others
X
IX
x
X
X
X
X
X
X
X
X
X
Industrial
Monopoles
Others
P
P
P
P
P
P
P
P
P
P
P
P
Planned Industrial
Monopoles
Others
P
P
I p
P
P
P
P
P
P
P
P
P
Source: Planning & Development Dept., January 1999
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -3
SECTION 21 -142 - SITE DEVELOPMENT CRITERIA
21- 142.01 - Lighting
Towers shall not be artificially lighted except as required by the Federal Aviation Administration.
21- 142.02 - Painting
Towers not requiring FAA painting /marking shall have either a galvanized finish or painted a
non - contrasting blue, gray, or black finish.
21- 142.03 - Construction
Towers shall be constructed to the EIA/TIA 222 -E Standards, as amended from time to time, ASCE
7 -95, "Minimum Design Load for Buildings and Structures," (Wind Loads Chapter), as published
by the American Society of Civil Engineers, and further defined by ASCE 7 -88, Guide to the Use
of the Wind Load Provisions," both which may be amended from time to time; all City of Edgewater
construction/building codes; and signed and sealed by a Florida licensed Professional Engineer.
21- 142.04 - Multiple Use
All telecommunication towers shall be designed to accommodate at least two (2) antennas.
21- 142.05 - Additions/Improvements
Any additions to existing towers shall require construction plans, signed and sealed by a Civil
Engineer which demonstrate compliance with the ETT/TIA 222 Standards in effect at the time of said
improvement or addition.
21- 142.06 - Signage
No commercial signage or advertising shall be permitted on a communication tower. The use of any
portion of a tower or perimeter fence /wall for signs or advertising purposes, including company
name, banners, etc., shall be prohibited.
21- 142.07 - Landscaping
New tower sites located on a parcel designated as Public, LDR, MDR, RR or AG shall provide a
landscape plan which conforms to the following criteria:
a. Landscaping shall be installed outside the fences;
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -4
b. Existing vegetation shall be used to the maximum extent possible in meeting these
requirements;
C. Shade trees shall be planted around the outside of the fence sufficient height and density to
obscure the barbed wire around the top of the fence in two years.
d. Shrubbery shall be planted around the outside of the fence of sufficient height and density
to obscure the bottom four feet (4) of the fence within three (3) years.
All landscaping shall be drought tolerant (xeriscape) or be irrigated.
All landscaping shall be properly maintained to ensure good health and viability.
g. The prohibited vegetation described in Article V, Table V -7 shall not be used for landscaping
tower sites.
21- 142.08 - Site
A monopole site shall be limited to 2500 square feet, no more than 500 square feet of which may
occupied by the equipment building.
21- 142.09 - Liability
All towers shall be covered by liability insurance to cover any damage to adjacent property or
personal injury resulting from its operations. The City shall be held harmless in such cases.
21- 142.10 - Lightning Protection
In order to protect adjacent structures from lightening strikes, all tower sites shall be grounded by
grounding rods and buried cable and shall provide a minimum 45 degree cone of protection from the
top of the tower to the ground.
21- 142.11 - Fencing
All tower sites shall be surrounded by an eight foot (8') high chain link fence with a triple strand of
barbed wire and a locked access gate.
21- 142.12 - Co- location
All building permit applications shall include evidence that the applicant has made diligent, even if
unsuccessful efforts to co- locate its antenna on an existing structure within the applicant's design
search area. Such evidence may include, but is not limited to, at least two (2) other service
providers, and/or a notarized sworn statement from the applicant to the effect that diligent efforts
have been made in this regard.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -5
SECTION 21 -143 - SPECIAL PERMIT PROCESS
21- 143.01 - Intent
This section describes the review process and criteria for reviewing proposed tower locations
depicted in Table XII-1 as requiring a special permit process. Applicants for tower locations subject
to this process shall conform to the procedures and criteria described below.
21- 143.02 - Procedures
a. An applicant shall submit an application on forms developed, and periodically amended, by
the Planning & Development Department (PDD), along with a fee.
b. At a minimum, the application shall include:
1. Name, address, phone number and fax number of the applicant's company and
contact person.
2. The signature of the property owner, or written authorization for the applicant to
submit the application.
3. A legal description and boundary survey for the subject site and its latitude and
longitude.
4. The type and height of the tower.
5. A landscape plan where required.
6. FAA and/or FCC number as may be applicable.
7. Other such information as deemed necessary.
C. The PDD staff shall prepare a written report analyzing the pertinent factors involved and the
criteria described is Section 21- 143.02 and transmit the report to the applicant and the
Planning and Zoning Board (P &Z) no less than seven (7) days prior to the hearing at which
the application will be considered.
d. The P &Z will conduct a public hearing pursuant to the notice requirements for a Conditional
Use Permit described in Table IX -1.
e. At completion of the P &Z action, the application shall be scheduled for a City Council public
hearing pursuant to the notice requirements for a Conditional Use Permit in Table IX -1.
f. The staff report and recommendations, including the P &Z action and public hearing input
will be transmitted to the applicant and the City Council no less than seven (7) days prior to
the hearing at which the matter will be considered.
g. A decision of the City Council regarding telecommunication towers may be appealed to a
court of competent jurisdiction.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -6
h. The decisions by the P &Z and the City Council shall be based on competent substantial
evidence pursuant to the requirements of Section 704 (a) iii of the Telecommunications Act
of 1996.
21- 143.03 - Special Permit Criteria
The applicant shall be required to submit competent substantial information to allow the staff to
evaluate the following criteria in the preparation of their recommendations:
a. The location of the proposed tower to any other tower within two thousand feet (2,000').
b. Identify the attempts to utilize existing land uses within the applicant's search area to mitigate
visual impacts between the proposed tower and the adjacent land uses within the applicant's
search area.
The applicant shall demonstrate how the on -site location of the proposed tower maximizes
the use of site orientation in order to minimize adverse visual impacts to any adjacent land
uses.
d. The applicant shall submit information concerning proposed plans to mitigate impacts
associated with the proposed tower and adjacent land uses. Mitigation plans may include,
but are not limited to, the utilization of compatible support structures in relation to other
existing similar structures, the use of camouflaged communications facilities, and the use of
landscaping, screening walls, berms and streetscapes.
e. Such evidence may include, but is not limited to, photographs, videotape and a written visual
impact assessment which demonstrate how the proposed tower location minimizes adverse
impacts.
SECTION 21 -144 - TOWER LOCATION INCENTIVES
21- 144.01 - City Owned Property
The following incentives are offered for the location of antennas and/or towers:
a. An antenna may locate on any City -owned property upon execution of a lease without
complying with the process described in Table XII -1. The setback restrictions in Table XII-
2 shall apply, unless an antenna is located on a City water tower.
b. A lease for use of City property shall be considered by the City Council at its next available
meeting after its submission by an applicant.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -7
21- 144.02 - Florida Power & Light (FPL) Right -of -Way
a. Antennas may be attached to any FPL transmission line pole upon evidence of a lease
agreement with FPL and approval of the construction plans by the City Building Official.
b. Monopole towers may located within any FPL transmission line right -of -way without regard
for the setbacks described in Table XII -2 upon evidence of a lease agreement with FPL and
approval of the construction plans by the City Building Official.
C. Lattice and guyed towers shall be prohibited in FPL right -of -way.
21- 144.03 - Other Public Property
For the purposes of this section, other public property shall mean any property owned by any public
agency or body, other than the City.
a. The applicant shall provide evidence that the respective public agency or body has agreed to
a lease.
b. An antenna may locate on other public property upon execution of a lease without complying
with process described in Table XII -1.
C. The setback restrictions in Table XII -2 shall apply, unless an antenna is located on an
existing structure.
SECTION 21 -145 - ANTENNAS ON BUILDINGS
Antennas not attached to towers shall conform to the following criteria:
a. Antennas may not extend more than twenty feet (20') above the highest point of a roof,
unless public safety demands clearly demonstrate otherwise.
b. Antennas and related equipment buildings will be located or screened to minimize the visual
impact of the antenna upon adjacent properties and will be of a material or color which
matches the exterior of the building or structure upon which it is situated.
No commercial advertising will be allowed on an antenna.
d. No signals, lights, illumination shall be permitted on an antenna or equipment building,
unless required by the Federal Communications Commission (FCC) or the Federal Aviation
Administration (FAA).
e. Any related unmanned equipment building shall not contain more than 750 square feet of
gross floor area, or be more than twelve feet (12') in height.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -8
If the equipment building is located on the roof of the building, the area of the equipment
building shall not occupy more than twenty -five percent (25%) of the roof area.
SECTION 21 -146 - INSPECTIONS /CERTIFICATIONS
a. Tower owners /operators shall submit to the Inspection Division a certified statement from
a qualified, registered, Professional Engineer, licensed in the State of Florida, attesting to the
structural and electrical integrity of the tower on the following schedule:
1. monopole towers - every 5 years;
2. any other type towers - every 2 years.
b. Prior to receiving final inspection by the Edgewater Building Division, documented
certification shall be submitted to the FCC, with copy to the City Planning Director,
certifying that the communication facility complies with all current FCC regulations for
non - ionizing electromagnetic radiation (NIER).
SECTION 21 -147 - ABANDONMENT
a. In the event the use of any Tower has been discontinued for a period of one hundred eighty
(180) consecutive days, the tower shall be deemed to be abandoned.
b. Upon such abandonment, the owner /operator of the tower shall have an additional ninety (90)
days within which to either reactivate the use of the tower or transfer the tower to another
owner/ operator who makes actual use of the tower, or dismantle and remove the tower.
In order to ensure each abandoned tower is removed, a $10,000 dollar performance bond
shall be posted prior to issuance of a building permit.
d. The City may declare any abandoned telecommunication tower a nuisance per se and cause
its removal pursuant to the provisions of the City Code.
SECTION 21 -148 - ARTICLE AMENDMENTS
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII -9
21- 148.01 - Variance
No application for any variance to any requirement of Article XII shall be accepted by the City.
21- 148.02 - Process
The only method for changing any requirement of Article XII is by completing the formal LDC
amendment process described in Article 21 -94, including the presentation and consideration of
competent substantial evidence as required by Section 704 (a) iii of the Telecommunication Act of
1996.
21- 148.03 - Appeals
Any decision of the City Council regarding changes to the requirements of this Article may be
appealed to a court of competent jurisdiction.
Sections 21 -149 through 21 -159 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X11- 10
ARTICLE XIII
SUBDIVISIONS
SECTION 21 -160 - GENERAL PROVISIONS
21- 160.01 - In General ................................................................ ............................... XIII -1
SECTION 21 -161 - COMPREHENSIVE PLAN CONSISTENCY . ............................... XIII -2
SECTION 21 -162 - PRE - APPLICATION PROCEDURES
21- 162.01 - Pre - application Procedures ...................................... ............................... XIII -3
21- 162.02 - Subdivision Sketch Plans ........................................ ............................... XII1 -3
SECTION 21 -163 - PRELIMINARY PLAT PROCEDURE
21-
163.01 -
Preliminary Plat Procedure ...................................... ...............................
XIII -3
21
163.02
- Exhibits ................................................................... ...............................
X1II -4
21-
163.03
- Development Plan ................................................... ...............................
XIII -4
21-
163.04
- Review Comments .................................................. ...............................
XIII -6
21-
163.05
- Planning and Zoning Board ..................................... ...............................
XIII -6
SECTION 21 -164 - CONSTRUCTION PLANS
21- 164.01 - Construction Plan Procedure ................................... ............................... XIII -7
21- 164.02 - Construction Plan Specifications ............................ ............................... XIII -7
SECTION 21 -165 - BONDS /SURETY DEVICES
21- 165.01 - Bonds /Surety Devices ............................................. ............................... XIII -8
SECTION 21 -166 - FINAL DEVELOPMENT PLAN
21- 166.01 - Final Development Plan .......................................... ............................... XIII -8
SECTION 21 -167 - FINAL PLAT PROCEDURE
21-
167.01 -
Final Plat Procedure .................................. ...............................
21-
167.02 -
Planning and Zoning Board ....................... ...............................
21-
167.03 -
City Council .............................................. ...............................
21-
167.04 -
Recording of Final Plat .............................. ...............................
21-
167.05 -
Final Plat Specifications ............................ ...............................
Article XIII
-i-
........ XIII -9
...... XIII -10
...... XIII -10
...... XIII -11
...... XIII -11
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -168 - REQUIRED IMPROVEMENTS
169.01 -
21-
168.01
- General .................................................................. ...............................
XIH -12
21
168.02
- Monuments ............................................................ ...............................
XIH -12
21-
168.03
- Streets .................................................................... ...............................
X111- 13
21
168.04
- Bridges ................................................................... ...............................
XIII -13
21-
168.05
- Sidewalks .............................................................. ...............................
XIII -13
21-
168.06
- Stormwater Management ...................................... ...............................
XIH -14
21
168.07
- Utilities .................................................................. ...............................
XM -14
21-
168.08
- Regulatory signs .................................................... ...............................
XIII -15
SECTION 21 -169 - DESIGN STANDARDS
21
169.01 -
General .................................................................. ...............................
X111- 15
21-
169.02
- Lots and Blocks ..................................................... ...............................
XIII -15
21-
169.03
- Street Design Standards ......................................... ...............................
X1II -16
21-
169.04
- Public Recreation & Open Space .......................... ...............................
XIII -19
SECTION 21 -170 - VARIANCES, EXCEPTIONS AND APPEALS
21- 170.01 - Variances ............................................................... ............................... XIH -23
21- 170.02 - Exceptions ............................................................. ............................... XIII -24
21- 170.03 - Appeals .................................................................. ............................... XM -24
Article XIII
-ii-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XIII
SUBDIVISIONS
SECTION 21 -160 - GENERAL PROVISIONS
These regulations are intended to aid in the coordination of land development in accordance with
orderly physical patterns; to discourage haphazard, premature, or scattered land development; to
encourage development of economically stable and healthful communities; to ensure proper
identification, monumentation and recording of real estate boundaries; to ensure to the purchaser of
land in the subdivision that adequate and necessary physical improvements of lasting quality will be
installed by the developer and ensure that citizens and taxpayers will not bear this cost; to provide
for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of
utilities and services to new land developments; to prevent periodic or seasonal flooding through
flood control measures and drainage facilities; to provide public open spaces in new land
development through the dedication or reservation of land for recreational, educational and other
public purposes; to help conserve and protect physical, economic and scenic resources; to promote
the public health, safety, comfort, convenience and general welfare; to serve as an instrument of
comprehensive plan implementation authorized by Chapter 163, Florida Statues.
21- 160.01 - In General
a. The provisions of this chapter shall be in addition to the specific requirements of Florida
Statutes regarding the subdivision of land, and subsequent sale of subdivided land.
b. The provisions of this chapter are not intended to abrogate any easement, covenant, or other
private agreement, however, where the requirements of this chapter are more restrictive or
impose higher standards that the private agreement the terms of this chapter shall control.
C. When an approved plat is recorded by the owner, all streets, right -of -ways, public lands,
easements and other facilities shall be deemed to have been dedicated to the parties noted on
the plat. However, nothing herein shall be construed as creating an obligation on the part of
any governmental agency to perform any construction or maintenance except where the
obligation is voluntarily assumed.
d. Subdivision Plat Required. No real property shall be divided into three (3) or more lots for
the purpose of sale or other transfer of ownership, nor shall development plans be approved
or permits issued, without compliance with the requirements of this chapter.
e. Exemptions. The following activities shall be exempt from all of the terms of this chapter,
unless otherwise noted:
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -1
1. The division of land in single ownership into parcels of not less than five (5) acres
each, where no new street right -of -ways are proposed or required, and each parcel
had a minimum frontage along an existing dedicated public road of no less than one -
hundred feet (100')
2. The combination or recombination of previously platted lots or portions of lots,
where the overall number of lots is not increased, and all of the resultant lots meet
or exceed the dimensional standards of this code.
3. A minor subdivision shall be exempt from the review and approval of a plat, however
development plans meeting the requirements of this code shall be approved. A minor
subdivision is defined as meeting all of the following criteria:
(a) An overall tract in single ownership of no more than ten (10) acres is divided
into no more than three (3) lots.
(b) No adjoining lots, tracts or parcels are in the same ownership.
(c) No new streets are proposed or required.
(d) No dedication of right -of -way, drainage areas, conservation areas, or other
publicly maintained property is proposed or required.
(e) All proposed lots meet or exceed the dimensional requirements of this code,
and required easements for utility, drainage, conservation, or other purposed
are delineated for transfer to the city as part of the development order.
(1) Water and sewer services are available to service the property.
In order to accomplish these purposes, all land, buildings, streets, drainage and utility facilities shall
comply with the procedures and regulations established herein.
SECTION 21 -161 - COMPREHENSIVE PLAN CONSISTENCY
The intent of the Section is to create reasonable design standards for subdivision development.
Although the provisions herein mostly apply to residential subdivision, they are also generally
applicable to commercial and industrial subdivisions. The regulations contained herein are
consistent with the policies and requirements of Chapter 177, Florida Statutes.
The provisions of this Section are consistent with and implement to Comprehensive Plan policies
listed below:
a. Future Land Use Element - 1. 1, 5.8 & 5.11
b. Traffic Circulation Element - 5.2
C. Housing Element - 2.2 & 2.3
d. Drainage Element - 3.1 & 3.2
e. Recharge Element - 2.1
f. Coastal Zone Management Element - 3.1
g. Recreation and Open Space - 2.1, 2.2, 6.16 & 7.2
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -2
SECTION 21 -162 - PRE- APPLICATION PROCEDURES
21- 162.01- Pre - application Procedures
Before any land under the jurisdiction of the subdivision regulations is to be subdivided, which will
require any new street, alley or public right -of -way to be created, or before any building, street,
drainage or utility construction in said subdivision is begun, plans shall be approved by the Planning
and Zoning Board and the City Council according to the procedures established herein.
Prior to the preparation of the preliminary plat, the subdivider shall confer with the TRC to become
familiar with the regulations affecting the land to be subdivided.
21- 162.02 - Subdivision Sketch Plans
The subdivider shall submit a sketch plan for the proposed overall development of the subdivision.
This procedure does not require formal application or fee and shall include the following:
a. Drawings at an approximate scale showing tentative street layout, approximate rights -of -way
widths, general lot arrangements and total acreage.
b. Existing structures, streets, median cuts, waterways, wooded areas, landscape buffers,
floodplains, swamps or wetland areas, and stormwater management facilities.
C. Proposed land uses, density (dwelling units per acre), and areas that may be reserved for
park, recreation, school sites or natural open space areas, phasing and appropriate
information to make a fair presentation of the proposed development.
The TRC shall review the sketch plan for conformity with the comprehensive plan and these
regulations. Approval of the Sketch plan shall indicate acceptance of the general overall
development scheme. The TRC may require further changes in the subdivision as a result of further
study of detailed information in the preliminary plat.
The subdivider or his agent shall attend the TRC meeting at which the sketch plan is to be discussed
to explain the proposed development.
SECTION 21 -163 - PRELIMINARY PLAT PROCEDURE
21- 163.01- Preliminary Plat Procedure
Submission and approval or conditional approval of a preliminary plat and construction plans shall
be a prerequisite to the development of any subdivision, other than minor subdivisions as described
herein.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -3
The preliminary plat shall be submitted before the final plat and shall include the overall preliminary
design for the entire area that is proposed to be subdivided and/or developed.
a. Application for preliminary plat approval. The subdivider shall submit to the Planning
Department the following:
1. A completed application form and appropriate fee.
2. Eight (8) black or blueline prints and one reproducible copy of the preliminary plat
and eight (8) copies of the required exhibits.
3. Two (2) statements describing the proposed use of the land signed by the subdivider
or his agent and a draft of any protective covenants to be applied to the subdivision.
Section 21- 163.02 - Exhibits
The following exhibits shall be submitted to the Planning Department at the time of preliminary plat
application
a. An assessment of the ability of the proposed project to comply with the Concurrency
Management System requirements described in Article IX.
b. A general assessment of the natural resource characteristics of the site that identifies the
location of any historic or specimen trees.
C. A preliminary assessment of environmental or natural resources.
d. A statement regarding proposed irrigation system for any common areas.
e. A soil report based on a minimum of one percolation test per ten (10) acres and one or more,
eight foot (8') deep soil borings at a percolation test site.
Tabulations of total gross acreage in the project, acreage in classified wetlands and acreage
in flood hazard areas.
g. Any other items that may be identified in the pre - application conference.
Section 21- 163.03 - Development Plan
A preliminary plat application shall also include a separate development plan that, at a minimum,
contains:
a. A vicinity map at maximum scale of one inch (1 ") equals four - hundred feet (400') showing
the relationship of the proposed subdivision to the surrounding area, zoning classifications
on adjoining properties, names of adjoining property owners and existing land uses.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIU -4
b. Each subdivision shall be given a name by which it shall be legally known. Such a name
shall not be the same, or in any way similar to any name appearing on another recorded
Volusia County plat, except when the subdivision is subdivided as an additional unit, or
section, by the same developer or his successors in title. Every subdivision's name shall
have legible lettering of the same size and type, including such words as section, unit, replat,
etc.
C. The proposed lot lines, dimensions, lot and block numbers and setbacks.
d. The proposed street layout, including street names.
e. A topographic map with one foot contour intervals.
A map showing location and acreage of areas in floodplain and areas to remain at natural
grade.
g. A preliminary grading plan showing existing and proposed contours.
h. A preliminary drainage and surface water management plan.
The proposed system type, general location, elevation, size sanitary sewer collection and
connection to existing City system.
The proposed potable water distribution system: line size, location, and connection to the
City system.
k. The proposed reclaimed and/or fire protection water lines if other than potable system; size,
general location, and location of hydrants.
Common areas, including but not limited to, recreation areas, common open space, trails and
areas for identification signs.
M. A tree survey that locates and identifies all trees twelve inches (12 "), or greater, DBH and
identifies which trees will be removed.
n. The location and typical cross sections of sidewalks, bikepaths and trails.
o. A preliminary landscape plan for common areas and a preliminary street tree plan.
P. A preliminary street light plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -5
Section 21- 163.04 - Review Comments
The Planning Department shall transmit one copy of the preliminary plat to the city engineer,
building official, police chief, fire chief, Florida Power and Light, Southern Bell Telephone, City
Attorney and other appropriate agencies. Each of these agencies shall review the preliminary plat
and submit written reports, which shall comment, on factors relating to the plat, which bear upon the
public interest.
Section 21- 163.05 - Planning and Zoning Board
a. The Planning and Zoning Board shall review the preliminary plat, required exhibits and the
review comments to determine conformity with the comprehensive plan and these
regulations. In addition, particular attention shall be given to the arrangements, locations and
width of streets, their relation to the topography of the land, soil conditions, water supply,
sewage disposal, drainage, lot sizes and their arrangement, and the present or future
development of adjoining lands.
b. Public Hearing. The Planning and Zoning Board shall hold a public hearing on the
preliminary plat with due public notice. The subdivider or his duly authorized representative
shall attend the meeting of the zoning board to discuss his preliminary plat.
C. Zoning Board Action. Upon completion of its review, the zoning board shall take one of the
following actions:
1. Preliminary plat approval
2. Conditional plat approval, subject to any necessary modifications which shall be
noted on the preliminary plat or attached to it in writing and signed by the Planning
and Zoning Board Chairman.
3. Disapproval of the preliminary plat or any portion thereof, stating the reasons for
such action in writing and reference to the specific articles which the preliminary plat
does not comply. The subdivider may reapply for preliminary plat approval in
accordance with the provisions of this article.
d. Notification of action. The action of the Planning and Zoning Board shall be noted on two
(2) copies of the preliminary plat, one copy of which shall be returned to the subdivider and
the other retained by the Planning Department.
e. Effect of approval. Approval of the preliminary plat shall not be construed as authority for
filing of the plat with the Clerk of the Circuit Court of Volusia County, nor as authority for
the sale of lots in reference thereto, but shall be deemed as expression of approval of the
layout submitted as a guide to the preparation of the final plat. Preliminary approval, shall
expire and be of no further effect twelve (12) months from the date of preliminary approval
unless the time is extended by the Planning and Zoning Board prior to the expirations,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XM -6
otherwise the subdivider must reapply for preliminary plat approval in accordance with the
provisions of this section.
SECTION 21 -164 - CONSTRUCTION PLANS
21- 164.01 - Construction Plans Procedure
a. Preparation of construction plans. Following approval of the preliminary plat, the
subdivider shall submit construction plans and specifications for all proposed subdivision
improvements. These construction plans must be prepared in conformance with City
specification and standards by a professional engineer registered in the State of Florida. The
developer, at his own risk, may submit construction plans for review simultaneously with the
preliminary plat application. The City will not be responsible for any costs incurred if
significant changes are requires by either the TRC or the Planning and Zoning Board.
b. Submission and review of construction plans. The subdivider shall submit three (3) sets of
prints of the completed construction plans to the Planning Department for review by the City
Engineer and the Utilities Director. If the construction plans are consistent with all standards
and specifications, the City Engineer and Utilities Director shall notify the Planning
Department, in writing, of construction plan approval. If the construction plans are not
consistent with the approved preliminary plat or do not comply with all standards, the
Planning Department shall notify the subdivider of:
1. Conditional; construction plan approval, subject to any necessary modification which
shall be indicated on the plans or attached to it in writing, or;
2. Disapproval of the construction plans or any portion thereof, indicating in writing,
the reasons for such disapproval.
21- 164.02 - Construction Plan Specifications
Plans for the required improvements shall be approved by the City Engineer and the Utilities
Director prior to construction and only after approval of the preliminary plat by the Planning and
Zoning Board. Such improvement plans shall show the proposed locations, size, type, grade and
general design features of each facility, and shall be used (based) upon reliable field data.
a. Improvement construction drawings. Three (3) blueprint drawings shall be submitted to the
Planning Department: shall be referenced to the name and unit number of the proposed
subdivision: shall show the date prepared, elevations based on the mean sea level datum, and
shall show the following information:
1. Street profiles. The plan and profile of each proposed street center line with tentative
finish grades indicated.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XI[[-7
2. Street cross - section. A cross section of each proposed street showing the width of
pavement, the location and width of sidewalks, where required, and rights -of -way.
3. Water supplies, sewers and stormwater drainage. The plans and profiles of proposed
water distribution systems, sanitary sewers and stormwater management systems with
grades and sizes indicated.
SECTION 21 -165 - BONDS /SURETY DEVICES
21- 165.01 - Bonds /Surety Devices
Approval of the construction plans and preliminary plat is authorization for a development order to
proceed with installation of any improvements required and (authorization) to proceed with the
preparation of the final plat or unit division thereof, subject to the posting of a bond or surety device
as follows:
a. Performance bond. Prior to the installation of improvements, surety in the form of a
performance bond, trust, deed or escrow agreement approved by the City Attorney and the
City Council shall be filed with the Clerk of the Circuit Court of Volusia County. Such
surety shall cover at least one hundred ten percent (110 %) of the cost of all required
improvements, such as streets, utilities and drainage, including landfill, with estimates
provided by the subdivider and approved by the City Engineer and the Utilities Director.
The surety shall be conditioned upon the faithful performance by the subdivider of all work
required to complete all improvements in the subdivision or unit division thereof, in
compliance with these regulations and shall be payable to and for the indemnification of the
City of Edgewater. Cash or a certified or cashiers check may be deposited as security for
performance of the bond. Once the work is completed and approved by the City Engineer
and the Utilities Director the bond instrument may be released to the developer.
b. Maintenance bond. A maintenance bond in the amount of ten percent (10 %) of the total cost
of all required street, utility and drainage improvements shall be posted as a condition to final
plat approval by the City Council. Such maintenance bond will be returned to the subdivider
at the end of two (2) years from the date of final inspection and approval of the required
improvements by the City and acceptance by the City Council.
SECTION 21 -166 - FINAL DEVELOPMENT PLAN
21- 166.01 - Final Development Plan
An application for final Development Plan shall be submitted to the Planning Department with the
appropriate fee and shall include seven (7) sets of plans containing the information described below.
Two (2) sets of signed and sealed engineering plans and specifications as well as two (2) surveys,
signed and sealed by a Florida Registered Surveyor, shall accompany the application.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -8
a. A final Grading and Drainage Plan showing existing and proposed contours at one foot
intervals and cut and full calculations for the entire subdivision.
b. A Landscaping and Tree Protection Plan, including landscaping and irrigation plans for all
common areas; the type, location and size of any fences, walls, and subdivision signs;
specimen tree locations and protection measures; vegetation preservation areas and required
buffer areas; and a Street Tree Plan.
C. A Natural Resource Protection Plan, including conservation easements, areas subject to fill
limitations and minimum road and building elevations.
d. A Phasing Plan, if any, showing phase boundaries on all drawings.
e. A Potable Water and Reuse Water Plan showing the line locations, sizes, elevations, fire
hydrants, and material specifications.
f. A Sanitary Sewer Plan showing location, elevations, size, lift station locations, service
laterals and specifications.
g. A Final Street Layout Plan showing street locations by type and profile elevations,
ownership, maintenance provisions for any plantings in right -of -way, approved street names,
and construction details.
h. A Street Lighting Plan showing location and type of fixtures and poles.
i. A Stormwater Management Plan showing retention /detention areas and stormwater
calculations. Ownership, access, and maintenance provisions, drainage facilities off -site and
connection to positive outfall system and material specifications.
SECTION 21 -167 - FINAL PLAT PROCEDURE
21- 167.01 - Final Plat Procedure
a. Lots shall not be sold or streets accepted for maintenance by the City, nor shall any permit
be issued by the Building Official for construction of any building within such subdivisions
unless and until the final plat has been approved by the Planning and Zoning Board and the
City Council and duly recorded by the Clerk of the Circuit Court of Volusia County. The
final plat shall conform substantially to the preliminary plat and shall incorporate all
modifications and revisions specified in the approval of the preliminary plat.
b. Application for final plat approval. After preliminary plat approval, installation of all
required improvements and posting of a surety bond, the subdivider shall submit to the
Planning Department the following:
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X1II -9
1. A letter requesting review and approval of the final plat.
2. The original mylar tracing of the final plat and two (2) reproducible mylar copies.
3. Five (5) printed copies of the final plat with signed certification and other documents
as specified herein, and as required for recording by the Clerk of the Circuit Court of
Volusia County.
4. An application fee paid to the City Clerk of two percent (2 %) on the first fifty -
thousand dollars ($50,000) of the required improvements for that part of the
subdivision for which final approval is sought; and one percent (1 %) of the next fifty -
thousand dollars ($50,000), and one -half of one per cent of the remainder as
determined by the subdivider and approved by the City Engineer to defray the
expense of investigating and acting upon the final plat.
21- 167.02 - Planning and Zoning Board
a. The Planning and Zoning Board shall review and take final action on the final plat within
forty -five (45) days after the plat is submitted to the Planning Department. Failure of the
Planning and Zoning Board to take such action will constitute automatic approval of the final
plat.
b. Before acting on the final plat, the Planning and Zoning Board shall receive a written report
from the City Engineer certifying compliance with or noting deviations from the approved
preliminary plat and the requirements of these regulations. If substantial errors are found in
the accuracy of the final plat, the subdivider shall be responsible for corrections in the survey
or the final plat.
C. If the final plat meets all requirements of these regulations and complies with the approved
preliminary plat, the Planning and Zoning Board shall recommend approval of the final plat
to the City Council.
d. If the final plat is disapproved by the Planning and Zoning Board, the reason for such actions
shall be specified in writing. One copy of such reasons shall be retained by the Planning
Department and the other transmitted to the subdivider. The subdivider may make the
recommended changes and resubmit the final plat to the Planning and Zoning Board.
21- 167.03 - City Council
a. If the final plat meets all the requirements of these regulations and complies with the
approved preliminary plat, the City Council shall approve the final plat, and indicate its
approval on each copy by signature of the mayor.
b. If the final plat is disapproved by the City Council, the reasons for disapproval shall be stated
in writing. A copy of such reasons shall be sent to the Planning Department and to the
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -10
subdivider. The subdivider may make the necessary changes and resubmit the final plat to
the City Council.
21- 167.04 - Recording of Final Plat
Upon approval of the final plat by the City Council, the original mylar tracing of the final plat shall
be recorded with the Clerk of the Circuit Court of Volusia County and by the City.
The final plat shall be recorded prior to the sale of any lot within the subdivision. Upon recording,
a copy of any private covenants or deed restrictions shall be provided to the Planning Department.
One reproducible copy of the final plat shall be retained by the Clerk and one blueprint with the map
book and page number shall be provided to the Planning Department.
21- 167.05 - Final Plat Specifications
The final plat shall be drawn clearly and legibly at a scale of at least one inch equals fifty feet (50').
If more than one sheet is required, an index map relating each sheet to the entire subdivision shall
be shown on the first sheet. The final plat shall comply with the requirements of Chapter 177 Florida
Statutes, and contain the following:
a. Name of subdivision,
b. Name and address of subdivider.
C. North point, graphic scale and date.
d. Vicinity map showing location and acreage of the subdivision.
e. Exact boundary line of the tract determined by field survey, giving distances to the nearest
one - hundredth foot and angles to the nearest minute, shall be balanced and closed with an
apparent error of closure not to exceed one in five thousand (5,000).
Legal description of the tract.
g. Names of owners of adjoining land with their approximate acreage.
h. Locations of streams, lakes, swamps and land subject to flooding.
i. Bearing and distance to permanent points on the nearest existing street lines or bench marks
or other permanent monuments (not less than three (3) shall be accurately described on the
plat).
Municipal and county lines shall be accurately tied to the lines of the subdivision by distance
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIH -11
and angles when such lines transverse (traverse) or are reasonably close to the subdivision.
k. The closest land lot corner shall be accurately tied to the lines of the subdivision by distance
and angles.
Location, dimensions and purposes of any land reserved or dedicated for public use.
m. Exact locations, widths and names of all streets and alleys within and immediately adjoining
the new subdivision.
n. Street right -of -way lines showing angles of deflection, angles of intersection, radii and lines
of tangents.
o. Lot lines shall be shown with dimensions to the nearest one - hundredth foot and bearings.
P. Lots shall be numbered in numerical order and blocks lettered alphabetically.
q. Accurate location and description of monuments and markers shall be described on the plat.
Minimum building front yard setback lines.
S. References to recorded subdivision plats adjoining platted land shall be shown by record
name, plat book and page number.
t. Covenants and restrictions.
SECTION 21 -168 - REQUIRED IMPROVEMENTS
21- 168.01 - General
All required improvements shall be provided by the subdivider at his expense. All plans and
specifications for the required improvements shall be designed by a registered professional engineer
and approved by the City Engineer prior to construction.
The City Engineer shall receive notice in adequate time to arrange for inspection of the
improvements prior to beginning of construction and at approximate staged intervals thereafter. The
City Engineer may require laboratory or field tests at the expense of the developer when appropriate.
Any failure of work or materials to conform to the plans and specifications or failure to notify the
City in time for indicated inspections may be cause for the City Council to reject the facilities.
21- 168.02 - Monuments
a. Permanent reference monuments. Permanent reference shall be place as required by Chapter
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII1 -12
177, Florida Statues, as amended. Monuments shall be set in the ground so that the tip is
flush or no more than one foot below the finish grade.
b. Permanent control points. Permanent control points shall be set along the street right -of -way
or block lines at the PC's, PT's, PRC's, PCC's. and other changes in direction, excluding
those points located by PRM's.
21- 168.03 - Streets (Also see Section 21- 169.03 - Street Design Standards)
The following requirements shall apply to all streets within the subdivision:
a. Grading. All streets shall be cleared, grubed and graded at their full right -of -way width.
FDOT standard specifications for road and bridge construction includes that tree removal
permits shall be required and all debris shall be removed by the developer after construction.
b. Paving. Road base and paving shall be installed in accordance with the specifications and
standards of Section 21- 169.03.
C. Curbs and Gutters. A system of curbs and gutters shall be installed by the subdivider, unless
it can be demonstrated that the provisions of curbs and gutters at the proposed site is
inconsistent with the best stormwater management practices. The width of curb and gutter
shall be a minimum of twenty -four inches (24 ") and shall be either FDOT type or Miami
Curb and Gutter, depending on flow to be handled. There shall be stabilized subgrade
beneath all curbs and one foot (F) beyond the back of curb.
21- 168.04 - Bridges
If a street within a thoroughfare corridor requires a bridge, additional right -of -way will be required
to accommodate the width of the necessary bridge design features, including, without limitation,
grade, fill, slopes and drainage requirements. Bridges shall be designed by a registered Professional
Engineer.
21- 168.05 - Sidewalks
A system of sidewalks shall be provided by the subdivider to provide for safe movement of
pedestrians separately form motor vehicle traffic. Sidewalks shall be provided within the dedicated
right -of -way along both sides of all arterial streets, at least one side of all minor and collector streets
and along all streets where adjacent land is zoned and/or otherwise designed to be used for multiple -
family dwelling purposes. As an alternative, in residential areas, sidewalks may be provided within
rear lot easements or common open space areas. Sidewalks shall meet the minimum standards of
Section 21- 52.04.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -13
21- 168.06 - Stormwater Management
A complete stormwater management system shall be provided for all areas of the subdivision and
for handling stormwater runoff that flows into or across the subdivision from the outside. The
system shall be designed in accordance with the performance standards of Section 21 -53 and shall
be subject to approval by the City Engineer.
21- 168.07 - Utilities
Utility lines of all kinds, including but not limited to those of franchised utilities, electric power and
light, telephone, cable television, water, wastewater and gas shall be constructed and installed
beneath the surface of the ground within new residential subdivisions, unless it is determined by the
City Engineer that soil, topographical or other compelling conditions make the installation of such
line impractical.
Wastewater, potable and reclaimed water systems shall be designed by a registered Professional
Engineer and installed by the subdivider and approved by the City Engineer. The subdivider shall
secure the necessary permits for the installation of water and wastewater lines and facilities from the
regulatory agencies with jurisdiction.
a. Wastewater.
1. Connection to existing system. If the public sanitary wastewater system is located
within a reasonable distance of the proposed subdivision as determined by the
Environmental Services Director, the subdivider shall install the necessary on -site
and off -site improvements to connect the subdivision to each lot extended to the lot
line.
Where the wastewater improvements and facilities are designed to serve a greater
area than the proposed subdivision, the City may participate in the cost of such
improvements as determined by the City Council.
2. Package treatment plant. If the proposed subdivision is not located within a
reasonable distance of the public wastewater system, the subdivider shall construct
a package treatment plant on -site, meeting all the requirements of the regulatory
agencies with jurisdiction.
3. Capped sewers. If the size, density and character of the proposed subdivision makes
the construction and operation of the package treatment plant impractical, the
subdivider shall provide individual septic tank systems and shall install the necessary
wastewater collection systems which shall be capped until such time as connection
to the public wastewater system becomes available.
b. Water Supply. The subdivider shall install or have installed a system of water mains and
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -14
connect to the public water supply for domestic water use and fire protection. Fire hydrants
shall be installed at the subdividers expense at locations to be determined by the Fire
Department. The installation of such mains and connection to each lot shall be installed
proper to the paving of streets. If reclaimed water is available, connection shall be required.
C. Fire Hydrants shall be provided at intervals determined by the Environmental Services
Director and Fire Chief. In large or high hazard developments sparing and main sizes shall
be determined after computing the required flow. Fire wells may be permitted provided they
have a separate power source, have sufficient capacity to serve development and meet the fire
flow requirements and are approved by the Fire Chief.
d. Street Lighting. The subdivider shall cause streetlights to be installed at locations approved
by the City and acceptable to the utility company, which has responsibility for maintenance.
21- 168.08 - Street name signs, pavement markings and regulatory signs
Required signs shall be in place prior to acceptance. All signing and pavement markings shall be
in accordance with "USDOT Manual on Uniform Traffic Control Devices ". Street name signs shall
be a minimum of six inches (6 ") in height with letters four inches (4 ") in height. At cross - section
intersections, two (2) street signposts shall be located diagonally across the intersection from each
other. Only one street signpost shall be required at T- street intersections. Thirty inch (30 ") "STOP"
signs shall be required at each street intersection unless otherwise approved by the TRC.
SECTION 21 -169 - DESIGN STANDARDS
21- 169.01- General
All lands included within the subdivision shall be suitable for various purposes proposed in the
request for subdivision approval. Further, no subdivision plan shall be approved unless the City
finds the subdivision can be served with public facilities and services.
a. Conformity with comprehensive plan. The subdividings and development of any areas
subject to these regulations shall be in conformity with the general goals and objectives of
the city with respect to the officially adopted comprehensive plan; existing zoning
requirements, including all amendments thereto; policies and plans established by the city
with respect to water supply, waste disposal and other essential utilities.
21- 169.02 - Lots and Blocks
Lots and blocks shall be designed according to acceptable practice for the type of development and
use contemplated, in keeping with the topography and other site conditions and to provide adequate
traffic and utility access and circulation, appropriate use of space, (and to) provide privacy, adequate
drainage and protection of property.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X1H -15
a. Lot size. The lot size, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision and for the type of
development and use contemplated. Lot dimensions shall not be less than the minimum
standards established in the zoning ordinance. Lots in residential districts which abut arterial
streets shall have a minimum depth of one hundred fifty feet (150') with a building setback
line established at a minimum distance of seventy -five feet (75') from the arterial street
right -of -way line unless marginal access streets are provided. Width and area of lots laid out
for industrial and commercial purposes shall be adequate to provide off - street parking,
loading and service facilities.
b. Access. Each lot shall abut on a public or approved private street for a distance of at least
forty feet (40'). The subdivision shall be so designed that remnants and landlocked areas
shall not be created.
C. Lot lines. Side lot lines shall be, as nearly as practical, at right curves to straight street lines
and radial to curved street lines. No lot shall be divided by a municipal boundary.
d. Double frontage lots. Double frontage and through lots shall be avoided except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
e. Block lengths. Block lengths shall not exceed fourteen hundred feet (1,400') or be less than
three hundred feet (300').
Section 21- 169.03 - Street Design Standards
a. The arrangement, character, extent, width, grade and location of all streets shall conform to
the comprehensive plan now in existence, or as may hereafter be adopted, and shall be
considered in their relation to existing and planned streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation to the proposed uses of the
land to be served by such streets.
Where such is not shown in the comprehensive plan now in existence
or as may hereafter be adopted, the arrangement of streets in a
subdivision shall either:
1. Provide for the continuation or appropriate projection of existing major streets in
surrounding areas, or
2. Conform to a plan for the neighborhood or be aligned to meet a particular situation
where topographical or other conditions make continuance or conformance to
existing streets impractical.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIH -16
b. All streets to be established within a subdivision shall meet the following minimum design
standards.
1. Local streets. Local streets shall be laid out so that use by through traffic will be
discouraged.
2. Subdivisions on arterial streets. Where a subdivision abuts or contains an existing
or proposed arterial street, the subdivider shall provide marginal access street, reverse
frontage lots with planting screen contained in a non - access reservation along the rear
property lines or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and local traffic.
3. Intersection designs. Streets shall be laid out to intersect as nearly as possible at right
angles, and no street shall intersect at less than sixty (60) degrees. Street jogs at
intersections with centerline offsets of less than one hundred fifty feet (150') shall be
prohibited. Multiple intersections involving the juncture of more than two (2) streets
shall be prohibited. A minimum sight distance of two hundred feet (200') from any
intersection shall be maintained on intersecting streets; however, this requirement
shall not be continued as requiring an increase in the minimum allowable intersection
separation of one hundred fifty feet (150').
4. Proposed streets shall be designed to provide access to adjoining unsubdivided tracts
at logical locations for future subdivision.
5. A minimum of two points of access shall be provided into each subdivision of
twenty -five (25) lots or more. Where adjoining existing development and code
requirements preclude the development of two public street access points, an
unobstructed driveable access way may be substituted.
6. Right -of -way line intersections shall be rounded with a minimum radius of twenty -
five feet (25'). A greater radius may be required on collector or arterial roads, or
where road construction details require.
7. Minimum street design specifications. All streets to be established in a subdivision
shall be graded to their full required right -of -way width and designed in accordance
with the following minimum specifications:
Collector: 120 ft. - 4 lane
60 ft. - 2 lane
Local: 60 ft. - 2 lane
8. Cul -de -sac. Cul -de -sacs shall be provided with a turnaround having an outside
roadway diameter of at least eighty feet (80'), and a street diameter of at least one
hundred feet (100'). Cul -de -sacs shall have a maximum length of one thousand feet
(1000') including the turnaround and a minimum paved surface diameter of eighty -
four feet (84').
9. Street access to adjoining property. Street stubs to adjoining unplatted areas shall
be provided when required to give access to such areas or to provide for proper traffic
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XII1-17
circulation. Street stubs in excess of two hundred fifty feet (250') shall be provided
with a temporary cul -de -sac turnaround. The developer of the adjoining area shall
pay the cost of restoring the street to its original design cross - section and extending
the street.
10. Street names. Street names shall not be used which will duplicate, be phonetically
similar or be confused with the names of existing streets, except that new streets
which are an extension of in alignment with existing streets shall bear the same name
as that borne by such existing streets. All courts and circles shall have one name
only. All street names shall be submitted with the preliminary plat to the County of
Volusia prior to final plat approval for 911 verification.
C. Construction
Basic construction requirements for roads are as follows.
1. Residential roadway pavement shall consist of 1 -1/4 inches of Type I asphalt over an
eight inch (8 ") soil cement or limerock base, over an eight inch (8 ") compacted
subbase. Alternative concrete pavements may be approved.
2. Commercial roadway pavement shall consist of two inches (2 ") of compacted Type
5 -I or 5 -III asphalt, over an eight inch (8 ") compacted limerock or six inch (6 ")
compacted soil cement base, over a twelve inch (12 ") compacted shellrock stabilized
subbase.
3. All new roads shall have concrete curbs. Miami curbs are required on local streets,
with vertical curbs for enclosed drainage on major collector and arterial roads.
4. The remainder of the right -of -way shall be cleared, graded, and sodded.
5. Signs for street identifications and traffic control shall be installed by the City at the
developer's expense. Signs shall be based on the requirements of the Federal
Highway Administration Manual of Uniform Traffic Control Devices, current
edition, or other City specifications.
d. Alleys. In single - family residential districts, alleys shall be discouraged, but may be required
in other than residential districts to provide for proper traffic circulation. When provided in
any district, alleys shall have a minimum right -of -way width of thirty feet (30').
e. Easements. Easements for utilities, including water, wastewater, electric, cable, telephone
and gas and drainage easements, shall be provided as follows:
1. Utilities. Utility easements centered on side or rear lot lines shall be provided where
deemed necessary and shall be at least fifteen feet (15') in width. Additional width
may be required for wastewater drainage easements. Side lot lines easements may
be decreased to ten feet (10') in width when serving a single electric or telephone
utility.
2. Drainage. Where a proposed subdivision is transversed (traversed) by or abuts a
watercourse, drainage way or stream, there shall be provided a conservation and
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -18
stormwater easement or drainage way, canal or stream, and such further width or
construction or both, as will be adequate for the purpose. Where a drainage way or
canal exists or is proposed, a maintenance easement approved by the City shall be
provided.
3. Access waterways. Waterways which are constructed or improved for the purpose
of providing access by the water to lots within a subdivision shall have a minimum
easement of right -of -way width of one hundred feet (100'), except where adequate
shoreline protection is provided, the minimum right -of -way width may be reduced
to sixty feet (60').
21- 169.04 - Public Recreation and Open Spaces
1. Requirements. As a condition precedent to the granting of any permits following
approval of final development plans, site plans, subdivision plats, of issuance of a
building permit, the developer shall deed land to the City of Edgewater, pay a money
fee in lieu thereof or provide a combination of the above, at the option of the City
Council, to be used for public and open recreation space as specified in this section
and according to the standards and formula set forth herein.
2. General standard: Formula.
(a) It is hereby found and determined that the public interest, convenience,
health, welfare and safety require that five (5) acres of land or equivalent
money value be deeded or paid to the city for each one thousand (1,000)
persons residing in the city to be devoted for said park and open space
purposes of this article.
(b) For land zoned multifamily or RPUD, the land dedication basis shall be
applied to the number of dwelling units included in the final development
plan.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) X111- 19
Tana I lce Tvne
Fee S
Residential
Single Family Detached
2 Bedroom or Less
355
3 Bedroom
380
4 Bedroom or More
470
Single Family Attached
2 Bedroom or Less
235
3 Bedroom or More
420
Multi-Famil
2 Bedroom or Less
270
3 Bedroom or More
445
Mobile Home
1 Bedroom or Less
185
2 Bedroom
280
3 Bedroom or More
395
Hotel or Motel
Per Room
285
Recreational Impact Fee per Ordinance No. 90 -0 -09.
3. Formula for fees in (lieu of) land conveyance.
(a) If it is determined that the proposed development does not include any land
designated by the Edgewater Comprehensive Plan as open space, to serve the
immediate and future needs of the city residents and the developers unwilling
or unable to deed to the city lands outside the proposed development that are
so designated, then the developer shall, in lieu of conveying land, pay a fee
to the city equal to the value of the land acreage that would otherwise have
been required to be conveyed as determined by the formula herein, and in an
amount determined in accordance with the provisions set out below, such fee
to be used by the city and to provide recreational equipment, facilities and
land improvements as determined by the City Council, which is intended to
exclusively serve the residents of the City Of Edgewater. (ORD. No. 84 -0-
37, § 1, - 17 -85).
(b) The provisions of this subsection shall automatically apply to all
developments of twenty -five (25) dwelling units or less.
4. Use of Fees. The fees collected hereunder shall be paid to the City of Edgewater.
All such fees shall be placed in a reserve account in trust with the general fund and
shall be known as the reserve trust for lands for parks and open space. Moneys
within the reserve account shall be used and expended solely for the acquisition,
improvement, expansion of city parks and open space land, and to provide
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIH -20
recreational equipment, facilities and land improvements as determined by the City
Council. (Ord. No. 84 -0 -37, § 2,1-7-85).
5. Criteria for requiring both conveyance and fee. In any development of over twenty -
five (25) dwelling units, the developer may be required to convey the land and pay
a fee in accordance with the following formula:
(a) When only a portion of the land which the developer is required to convey for
parks and open space is to be conveyed, such portion shall be conveyed for
parks or local open space and a fee computed pursuant to the provisions set
out herein shall be paid to the city for any additional land that the developer
would otherwise have been required to convey hereunder.
(b) When most of the land designated as parks and open space in the vicinity of
the proposed development is needed to complete the site, such remaining
portion shall be conveyed by the developer and a fee shall be paid by the
developer in lieu of conveying the additional land which the developer would
otherwise be required to convey and such fees to be used for the
improvements of other city parks and open space land in the area serving the
development.
6. If the developer objects to the fair market value determination, he may submit an
MAI appraisal showing the fair market value of the lands required to be donated and
final determination of said market value per acre of such land shall be made by the
City Council based upon such information submitted by the developer. Should the
developer's MAI appraisal not be acceptable to the City, the City shall appoint
another MAI appraiser. The City's MAI appraiser shall select a third MAI appraiser
and the fair market value of the lands required to be conveyed, as determined by the
three appraisers, shall be binding upon the developer and the City. The cost of an
appraisal shall be a credit against any fees.
7. Determination of land or fee. The City Council shall determine whether to accept
land or require payment of the fee in lieu thereof, after consideration of the
following:
(a) Topography, geology. Access and location of land in the development
available for dedication;
(b) Size and shape of the development and land available.
(c) The feasibility of conveyance;
(d) Availability of previously acquired parks and open space property.
(e) Whether the developer owns or controls other land designated in the
Edgewater Comprehensive Plan or other lands.
8. Credit for private or public open space. Where private or public open space is
provided in a proposed planned unit development in excess of these requirements,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -21
or any amendment thereof, partial credit may be given. It shall not exceed fifty
percent (50 %) of the amount of land required to be conveyed or payment of fees in
lieu thereof if the City Council finds it is in the public interest to do so. Such space
does not include required yards, parking, court areas, setbacks, and other open areas
required by the Land Development Code.
9. Procedure. In subdivisions requiring plat approval, the developer shall agree in
writing to convey land for parks and open space, pay a fee in lieu thereof, or both.
The City Council shall consider the request after a recommendation from the
Planning and Zoning Board at the time of approval of the preliminary plat. At the
time of approval of the final subdivision plat, the developer shall convey the land and
pay the fees as previously determined but the City Council, but not later than
issuance of a building permit.
1. Access to water bodies. Whenever a subdivision is situated with a property frontage of one
thousand feet (1,000') or more abutting the shoreline of an ocean, gulf, lake or navigable
waterway, the subdivider shall provide adequate public access to the shoreline at intervals
of not more than one thousand feet (1,000') by designation of public access easements having
widths of not less than twenty -five feet (25').
M. Subdivision entrances. Areas for subdivision entrances may be permitted in all subdivisions
whether residential, commercial or industrial. In the event such entrance areas are
authorized, the City Council may require areas and dedication of same to the city, with such
conditions it may impose as to maintenance and upkeep; or may require that the subdivider
shall perpetually maintain said entrance areas by the creation of a trust fund to bear cost of
same or such other provisions assuming perpetual care. The City Council may impose any
condition or restriction it deems in the public interest upon any entrance area it may authorize
under this article, including restriction of improvements placed thereon.
n. Submarginal lands. Where lands subject to these regulations are located in special flood
hazard areas as identified in the latest edition of the hazard boundary map as established by
the U.S. Department of Housing and Urban Development, Federal Insurance Administration,
all buildings shall be subject to the requirements of Ordinance (n.) 900, dated December 16,
1974.
The subdivider shall demonstrate that soil properties existing on the land to be subdivided
are conducive to the type of development contemplated and/or specify action which will be
taken during the installation of required improvements to correct and unsuitable soil
condition.
o. Landscaping and tree management. Prior to preliminary plat approval, the subdivider shall
submit in writing, a landscaping plan, indicating the overall proposed landscaping and
treatment of open and common areas. The subdivider shall demonstrate that to the greatest
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -22
extent practical, existing trees shall be protected and/or new trees planted to establish the
maximum percent of lot crown cover.
SECTION 21 -170 - VARIANCES, EXCEPTIONS AND APPEALS
21- 170.01 - Variances
The Planning and Zoning Board may grant a variance from the terms of this article when such
variance will not be contrary to the public interest, and where, owing to special conditions, a literal
enforcement of the provisions of this article would result in unnecessary hardship. Such variance
shall not be granted if it has the effect of nullifying the intent and purpose of these regulations.
Furthermore, such variance shall not be granted by the Planning and Zoning Board until:
a. A written application for a variance is submitted by the subdivider to the Planning
Department demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land,
structures or required subdivision improvements;
2. That the special conditions and circumstances do not result from the actions of the
applicant; and
3. That the granting of the variance requested will not confer on the applicant any
special privilege that is denied by these regulations to other lands, structures or
required subdivision improvements under similar conditions. No pre- existing
conditions in neighboring lands, which are contrary to these regulations, shall be
considered grounds for the issuance of a variance.
b. The Planning and Zoning Board shall make written findings that the requirements of this
section have been met.
C. The Planning and Zoning Board shall further make a finding that the reasons set forth in the
application justify the granting of the variance that would make possible the reasonable use
of the land, buildings and other improvements.
d. The Planning and Zoning Board shall make further a finding that the granting of the variance
would be in harmony with the general purpose and intent of these regulations, will not be
injurious to the surrounding territory or otherwise be detrimental to the public.
e. A public hearing on the proposed variance shall be held by the Planning and Zoning Board
after due public notice. The public hearing may be held prior to or simultaneously with the
public hearing for approval of the preliminary plat.
f. The Planning and Zoning Board shall submit its written findings and recommendation to the
City Council for action. In granting any variance, the City Council may prescribe appropriate
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -23
conditions and safeguards in conformity with this article. Violations of such conditions and
safeguards when made a part of the terms under which the variance is granted shall be
deemed a violation of this article.
21- 170.02 - Exceptions
The standards and requirements set forth in these regulations may be modified by the Planning and
Zoning Board in the case of a planned unit development, group development, large -scale community
development, or commercial or neighborhood development which is not subdivided into customary
lots, blocks and streets, which in the judgment of the Planning and Zoning Board, provides adequate
public spaces and improvements for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated, and which also provides such covenants or other legal
provisions as will assure conformity to and implementation of the Comprehensive Plan. In granting
such modifications, the Planning and Zoning Board shall require such reasonable conditions and
safeguards in conformity with this article. Before granting such modifications, a public hearing will
be held by the Planning and Zoning Board with due public notice.
21- 170.03 - Appeals
Any person aggrieved by the Planning and Zoning Board's decision regarding a preliminary or final
subdivision plat, or the Planning and Zoning Board's decision regarding any variance or exception,
may submit, in writing, an appeal to the City Council specifying grounds for appeal. Such appeal
shall be noted to the City Clerk within fifteen (15) days after the action is recorded in the minutes
of the Planning and Zoning Board, and shall be heard within thirty (30) days after notice to the City
Clerk at a regularly scheduled meeting of the City Council. The City Clerk shall give due notice of
the hearing by certified mail to the subdivider appealing and to the Planning and Zoning Board. The
City Council may hear testimony and may sustain, alter or set aside the action of the Planning and
Zoning Board.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIII -24
ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21 -180 - GENERAL PROVISION
21- 180.01 - Intent ....................................................................... ............................... XIV -1
21- 180.02 - Purpose ................................................................... ............................... XIV-2
SECTION 21 -181 - RECREATION /CULTURAL SERVICES BOARD
21-
181.01
- Creation .................................................................. ...............................
XIV -3
21-
181.02
- Purpose ................................................................... ...............................
XIV -3
21-
181.03
- Membership ............................................................ ...............................
XIV -4
21
181.04
- Term ....................................................................... ...............................
XIV -5
21-
181.05
- Qualifications ......................................................... ...............................
XIV -5
21-
181.06
- Procedures .............................................................. ...............................
XIV -5
SECTION 21 -182 - DESIGNATION OF LANDMARKS,
SECTION 21 -183 - APPROVAL OF CHANGES TO LANDMARKS,
LANDMARK SITES AND HISTORIC DISTRICTS
21-
21-
182.01
- Designation of Landmarks, Landmark Sites and Historic Districts ......
XIV -6
21-
182.02
- Application Requirements ...................................... ...............................
XIV -6
21-
182.03
- Public Hearing for Designations ............................ ...............................
XIV -7
21-
182.04
- Criteria for Designation of Property ....................... ...............................
XIV -7
21-
182.05
- Board Decision ....................................................... ...............................
XN -8
21-
182.06
- Appeals to City Council ......................................... ...............................
XIV -8
21-
182.07
- City Council Review and Designation ................... ...............................
XIV -8
21-
182.08
- Amendments and Rescissions ................................ ...............................
XIV -8
SECTION 21 -183 - APPROVAL OF CHANGES TO LANDMARKS,
Article XIV
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21-
183.01
- Certificate of Appropriateness ................................ ...............................
XIV -9
21-
183.02
- Application Procedures .......................................... ...............................
XIV -9
21-
183.03
- Public Hearings .................................................... ...............................
XIV -10
21-
183.04
- General Criteria .................................................... ...............................
XIV -10
21-
183.05
- Alterations ............................................................ ...............................
XIV -10
21-
183.06
- New Construction ................................................. ...............................
XIV -11
21-
183.07
- Demolition ............................................................ ...............................
XIV -12
21-
183.08
- Relocation ............................................................. ...............................
XIV -13
21
183.09
- Appeals ................................................................. ...............................
XIV -13
Article XIV
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
SECTION 21 -184 - ARCHAEOLOGICAL PRESERVATION
21-
184.01
- Purpose and Intent ................................................ ...............................
XIV -14
21-
184.02
- Excavations on Public Property ........................... ...............................
XIV -14
21-
184.03
- Ownership of Artifacts ......................................... ...............................
XIV -14
21-
184.04
- Curation of Artifacts ............................................. ...............................
XIV -15
SECTION 21 -185 - EMERGENCY ACTIONS
21- 185.01 - Emergency Conditions: Designated Properties .... ............................... XIV -15
21- 185.02 - Emergency Actions: Non - Designated Properties ............................... XIV -15
SECTION 21 -186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
21- 186.01 - Conformity with the Certificate of Appropriateness ........................... XIV -16
SECTION 21 -187 - MAINTENANCE AND REPAIR OF LANDMARKS,
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21- 187.01 - Provisions ............................................................. ............................... XIV -16
SECTION 21 -188 - PENALTY
21- 188.01 - Penalty .................................................................. ............................... XIV -16
21- 188.02 - Civil Penalties ...................................................... ............................... XIV -17
SECTION 21 -189 - DEMOLITION PERMITS
21- 189.01 - Requirements ........................................................ ............................... XIV -17
21- 189.02 - Immediate Demolition of Unsound Structures ..... ............................... XIV -17
21- 189.03 - Appeals of Final Decision .................................... ............................... XIV -18
Sections 21 -190 through 21 -200 reserved for future use.
Article XIV
-ii-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21 -180 - GENERAL PROVISIONS
21- 180.01 - Intent
a. The City Council finds there are buildings, landmarks, and sites within the City of Edgewater
which have specific historic, archeological or aesthetic significance, and that the loss of these
sites would cause an irreplaceable loss to the people of the city of the aesthetic, cultural, and
historic values represented by such sites. It is hereby declared as a matter of public policy
that protection, enhancement, perpetuation and use of such sites of special historic,
archeological or aesthetic interest or value is a public necessity and is required in the interests
of the health, prosperity, safety and welfare of the people.
b. The recognition, protection, enhancement and use of such resources is a public purpose and
is essential to the health, safety, morals and economic, educational, cultural and general
welfare of the public, since these efforts result in the enhancement of property values, the
stabilization of neighborhoods and areas of the city, the increase of economic benefits to the
city and its inhabitants, the promotion of local interests, the enrichment of human life in its
educational and cultural dimensions serving spiritual as well as material needs, and the
fostering of civic pride in the beauty and noble accomplishments of the past.
C. The City Council desires to take advantage of all available state and federal laws and
programs that may assist in the development or redevelopment of the City of Edgewater.
d. The federal government has established a program of matching grants -in -aid for projects
having as their purpose the preservation for public benefit of properties that are significant
in American history, architecture, archeology and culture.
e. There are other federal programs providing monies for projects involving the rehabilitation
of existing districts, sites, buildings, structures, objects and areas.
f. The policy of the City of Edgewater is to conserve the existing housing stock and extend the
economic life of each housing unit through the rehabilitation of such units under housing and
neighborhood development programs in selected areas.
g. Inherent in the enactment and implementation of these federal mandates is the policy of the
United States government that the spirit and direction of the nation are founded upon and
reflected in its historic past; that the historical and cultural foundations of the nation should
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -1
be preserved as a living part of our community life and development in order to give a sense
of orientation to the American people; that in the face of the ever - increasing extensions of
urban centers, highways, and residential, commercial and industrial developments, the
present governmental and non - governmental programs and activities are inadequate to ensure
future generations a genuine opportunity to appreciate and enjoy the rich heritage of our
nation.
h. It is the will of the people of the State of Florida as expressed in Article H, Section 7 of the
1968 Constitution , that the state's natural resources and scenic beauty be conserved and
protected.
It is the will of the State Legislature as expressed in Chapter 267 of the Florida Statues that
the state's historic sites and properties, buildings, artifacts, treasure troves and objects of
antiquity which have scientific or historic value, or are of interest to the public, be protected
and preserved.
21- 180.02 - Purpose
The City Council hereby declares it's intention to qualify as a certified local government with the
State Division of Historical Resources, history and records Management, and to comply with the
rules and regulations of the division pursuant to that program. The purpose of this chapter is to
promote the health, morals, economic, educational, aesthetic, cultural, and general welfare of the
public through;
a. The identification, protection, enhancement, perpetuation and use of districts, sites,
buildings, structures, objects and areas that are reminders of past eras, events and persons
important in local, state, or national history, or which provide significant examples of
architectural styles of the past, or which are unique and irreplaceable assets to the city and
its neighborhoods, or which provide this and future generations examples of the physical
surroundings in which past generations lived;
b. The enhancement of property values, the stabilization of neighborhoods and business centers
of the city, the increase of economic and financial benefits to the city and its inhabitants, and
the promotion of local interests;
The preservation and enhancement of varied architectural styles, reflecting the city's cultural,
social, economic, political, and architectural history; and
d. The enrichment of human life in its educational and cultural dimensions in order to serve
spiritual as well as material needs by fostering knowledge of the living heritage of the past
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -2
SECTION 21 -181 - RECREATION /CULTURAL SERVICES BOARD
21- 181.01 - Creation
The Recreation /Cultural Services Board was created to plan and propose specific projects involving
parks, recreational activities, beautification projects and historical preservation.
21- 181.02 - Purpose
The purpose of this section is to establish historical and archeological guidelines in addition to the
duties defined for the Recreation /Cultural Services Board. The Recreation /Cultural Services Board
is established to seek the accomplishment of the following municipal purposes:
a. The Board shall take action necessary and appropriate to accomplish the purposes of this
chapter. These actions may include, but are not limited to:
1. Continuing the survey and inventory of historic buildings and areas and archeological
sites and the plan for their preservation;
2. Recommending the designations of historic districts and individual landmarks and
landmark sites;
3. Regulating alteration, demolitions, relocations, and new construction to designated
property;
4. Adopting guidelines for changes to designated property;
5. Coordinating the historic preservation work of the City of Edgewater by working
with and advising the federal, state and county governments and other city
departments or advisory boards;
6. Advising and assisting property owners and other persons who are interested in
historic preservation;
7. Initiating plans for the preservation and/or rehabilitation of individual historic
buildings or landmarks; and
8. Undertaking educational programs including the preparations of publications and the
placing of historic markers.
b. The Board shall review all nominations of local property to the National Register of Historic
Places following the regulations of the state historic preservation office. Following a public
hearing with public notice of no less than thirty (30) days, the Board shall consider the
nomination. When necessary the Board shall seek expert advice before evaluating the
nomination. The Board shall forward to the state historic preservation officer its action on
the nomination and the recommendations of the local officials.
When a property owner objects to having his property nominated to the National Register,
a notarized written statement must be submitted to the Board before the nomination is
considered. The Board may then either continue its review, forwarding its recommendation
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -3
to the state historic preservation officer and noting owner's objection or, it may cease any
further review process and notify the state historic preservation officer of the property
owner's objection to the proposed listing the Board shall not recommend registry over
objection of the owner except by a super majority vote.
d. In the development of the certified local government, the City Council may ask the Board
to perform other responsibilities that may be delegated to the City under the National
Historic Preservation Act.
e. The Board shall conduct at least four (4) public hearings a year to consider historic
preservation issues. The Board shall recommend to the City Council the designation of
landmarks, landmark sites and historic districts. Applicants shall be given written
notification of the Board's decisions. The Board shall prepare and keep on file available for
public inspection a written annual report of its historic preservation activities, cases,
decisions, qualifications of members and other historic preservation work.
f. The Board shall receive assistance in the performance of its historic preservation
responsibilities from which shall provide expertise in historic preservation or a closely
related field. Other city staff members may be asked to assist the Board by providing
technical advice or helping in the administration of this chapter.
g. The Board shall recommend to the local planning agency and the City Council a historic
preservation element of the comprehensive development plan pursuant to the Local
Government Comprehensive Planning Act of 1985.
h. The Board shall coordinate its activities with the Community Redevelopment Agency, the
state historic preservation officer, and the Southeast Volusia Historical Society, Inc.
The Board shall assist the City Manager in preparing applications for grant awards for site
identification, inventory, survey activities and preservation.
j. The area of geographic responsibility for the Board shall be coterminous with the boundaries
of the City of Edgewater.
k. The Board is encouraged to be represented at pertinent informational or educational
meetings, workshops and conferences relating to preservation activities.
21- 181.03 - Membership
The Board shall consist of seven (7) members who shall be residents of the city. The Board shall
elect a chairman, vice - chairman, and other officers as they may deem necessary. In the event of a
vacancy on the Board, the City Council shall appoint a new member within sixty (60) days to serve
out the remainder of the term. Members shall serve on the Board at the pleasure of the City Council.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -4
21- 181.04 - Term
The Board members shall be appointed for staggered terms of three (3) years by the City Council;
provided, however, that the initial terms shall be three (3) members for a one year term, two (2)
members for a two (2) year term, and two (2) members for a three (3) year term.
21- 181.05 - Qualifications
The Board members shall be composed of lay and professional members in accordance with the
criteria set forth by the certified local government program. To the extent available, members shall
be professionals from the disciplines of architecture, history, architectural history, archaeology, or
other historic - related fields, such as urban planning, American studies, American civilization,
cultural geography, or cultural anthropology. Lay persons who have demonstrated special interest,
experience or knowledge in history, architecture or related disciplines shall make up the balance of
the Board membership. An up to date resume of Board members shall be kept as a public record.
Prior to appointment, the City Council shall solicit nominations from the Recreation /Cultural
Services Board.
21- 181.06 - Procedures
The Board shall hold at least four (4) meetings each year, which shall be public meetings. Meetings
shall have a previously advertised agenda and shall be open to public participation. All records of
the Board including its rules of procedure, minutes and inventory shall be public records open to
inspection by the public. The Board shall adopt rules of procedure for use in all its meetings and the
City Manager shall provide staff assistance. The Board shall have the following reporting
requirements:
a. It shall provide the state preservation officer with thirty (30) days notice prior to each
meeting, following its first meeting.
b. It shall submit minutes of each meeting to the state historic preservation officer within thirty
(30) days of holding the meeting.
C. It shall submit records of attendance for the review Board members to the state historic
preservation officer within thirty (30) days of each meeting.
d. It shall submit public attendance figures of each meeting to the state historic preservation
officer with thirty (30) days of each meeting.
It shall notify change in Board membership within thirty (30) days of action.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -$
f. It shall notify the state historic preservation officer of all historic designations or alterations
to existing designations.
g. It shall submit an annual report by November I covering previous October 1 through
September 30, which shall include:
1. Any changes in the rules of procedure;
2. Number of proposals reviewed;
3. Designations or listings;
4. Changes to Board;
5. Revised resumes of Board members as appropriate;
6. Review of survey and inventory activity with the description of the system used; and
7. Program report on each grant assisted activity.
SECTION 21 -182 - DESIGNATION OF LANDMARKS, LANDMARK SITES AND
HISTORIC DISTRICTS
21- 182.01 - Designation of Landmarks, Landmark Sites and Historic Districts
Upon recommendation of the Board, the City Council may designate by resolution individual
landmarks, landmark sites and historic districts. Each designation of a landmark shall include a
designation of a landmark site. When an owner objects to an application involving designation of
his property, other than a historic district, approval by the Board and City Council shall require a
super majority vote.
21- 182.02 - Application Requirements
Consideration of the designation of a landmark and landmark site or a historic district shall be
initiated by the filling of an application for designation by the property owner, any resident of
Edgewater or any organization in Edgewater, including the City. The City shall charge a fee for each
application which reflects processing costs for the application except that such fee shall be waived
for city- initiated applications.
The applicant shall complete an application form provided by the Planning Department which shall
include:
a. A written description of the architectural, historical or archeological significance of the
proposed landmark and landmark site or buildings in the proposed historic district and
specifically addressing and documenting those related points contained in this article;
b. Date of construction of the structures on the property and the names of former owners;
C. Photographs of the property; and
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -6
d. Legal descriptions and map of property to be designated as a landmark, landmark site or
historic district.
On applications for the designation of historic districts, the applicant shall also submit:
a. Evidence of the approval of the district from two - thirds of the property owners; and
b. A written description of the boundaries of the district.
The City Manager or his designee shall determine when an application is complete and may request
additional information when such application is determined to be incomplete.
21- 182.03 - Public Hearings for Designations
The Board shall schedule a public hearing on the proposed designation within sixty (60) days of the
submission of a completed application. Notice of the public hearing and notice to the owner shall
be given in accordance with the Florida Statutes and shall state clearly the boundaries for a proposed
historic district.
21- 182.04 - Criteria for Designation of Property
The commission shall recommend the designation of property as a landmark, landmark site or
historic district after the public hearing based upon one or more of the following criteria:
a. It's value is a significant reminder of the cultural or archeological heritage of the city, state
or nation;
b. It's location is a site or a significant local, state or national event;
It is identified with a person or persons who significantly contributed to the development of
the city, state or nation;
d. It is identified as the work of a master builder, designer or architect whose individual work
had influenced the development of the city, state or nation;
Its value as a building is recognized for the quality of its architecture, and it retains sufficient
elements showing its architectural significance;
It has distinguishing characteristics of an architectural style valuable for the study of a period,
method of construction, or use of indigenous materials;
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -7
g. Its character is a geographically definable area possessing a significant concentration, or
continuity of sites, buildings, objects of structures united in past events or aesthetically by
plan or physical development; or
h. Its character is an established and geographically definable neighborhood, united in culture,
architectural style or physical plan and development.
21- 182.05 - Board Decision
After evaluating the testimony, survey information and other material presented at the public hearing,
the Board, shall, within sixty (60) days, make its recommendation to the City Council with a written
report on the property or area under consideration. Applications for designation shall be approved
or denied. The Board may vote to defer its decision for and additional thirty (30) days. If the Board
recommends a designation, it shall explain the proposed landmark or historic district qualified for
designation under the criteria contained in this section. This evaluation may include references to
other buildings and areas in Edgewater and shall identify the significant features of the proposed
landmark or historic district. The report shall include a discussion on the relationship between the
proposed designation and existing and future plans for the development of the city. The Planning
Department shall promptly notify the applicant and the property owner of the Board decision.
21- 182.06 - Appeals
Any person may appeal the Board's decision to the City Council within fifteen (15) days of the
decision.
21- 182.07 - City Council Review and Designation
The City Council shall approve, modify or disapprove the proposed designation within sixty (60)
days of the Board recommendation. If a designation is made, the comprehensive plan, including the
land use map, shall be amended to contain the designation in accordance with state law. The
Planning Department shall notify each applicant and property owner of the decision relating to his
property within thirty (30) days of the City Council action and shall arrange that the designation of
a property as a landmark or as a part of a historic district be recorded in the official record books of
Volusia County.
21- 182.08 - Amendments and Rescissions
The designation of any landmark and landmark site or historic district may be amended or rescinded
through the same procedure utilized for the original description.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -8
SECTION 21 -183 - APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES
AND PROPERTY IN HISTORIC DISTRICTS
21- 183.01 - Certificate of Appropriateness
No person may undertake the following actions affecting a designated landmark, a designated
landmark site or a property in a designated historic district without first obtaining a certificate of
appropriateness from the Board. Alterations of an archeological site or the exterior part of a building
or structure, new construction, demolition or relocation.
a. Review of a new construction and alteration to designated buildings and structures shall be
limited to exterior changes visible to the public. Whenever any alteration, a new
construction, demolition or relocation is undertaken on a designated landmark, a designated
landmark site or a property in a designated historic district without a certificate of
appropriateness, the Certified Building Official is authorized to issue a stop work order.
b. A certificate of appropriateness shall be in addition to any other building permits required
by law. The issuance of a certificate of appropriateness from the Board shall not relieve the
property owner of the duty to comply with other state and local laws and regulations.
C. Ordinary repairs and maintenance, that are otherwise permitted by the law, may be
undertaken without a certificate of appropriateness provided this work on a designated
landmark site or property in a designated historic district does not alter the exterior
appearance of the building structure, or archeological site, or alter elements significant to its
architectural or historic integrity.
d. No certificate of appropriateness for alteration, new construction, demolition or relocation
pursuant to the provisions of this chapter shall be effective for a period of fifteen (15) days
subsequent to the Board's decision. If, during that fifteen (15) day period, an appeal is made
to the City Council, the decision of the Board shall automatically be stayed pending city
review.
21- 183.02 - Application Procedures for Certificates of Appropriateness
a. Each application for a certificate of appropriateness shall be accompanied by the required
fee. The Certified Building Official shall forward to the Board each application for a permit
that would authorize an alteration, new construction, demolition, impact on an archeological
site's integrity or relocation affecting a designated landmark, a designated landmark site, or
a property in a designated historic district.
The applicant shall complete an application form provided by the Building Department containing,
in part, the following information:
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -9
b. Drawings of the proposed work;
1. Photographs of the existing building or structure and adjacent properties; and
2. Information about the building materials to be used.
C. The City Manager or his designee shall determine when an application is complete and may
request additional information when such application is determined to be incomplete.
21- 183.03 - Public Hearings
The Board shall hold a public hearing on each certificate of appropriateness within thirty (30) days
after receipt of a completed application. The Board shall approve, approve with conditions, or
disapprove each application, based on the criteria contained in this section. The Board shall act
within sixty (60) days after the close of the public hearing. If the Board fails to decide an application
within the specified time period, the application shall be deemed approved.
21- 183.04 - General Criteria
In approving or denying applications for certificates of appropriateness for alterations, new
construction, demolition, or relocation, the Board shall use the following general guidelines:
a. The effect of the proposed work on the landmark or the property upon which such work is
to be done;
b. The relationship between such work and other structures on the landmark site or other
property in the historic district;
C. The extent to which the historic, architectural; or archeological significance, architectural
style, design, arrangement, texture, materials, and color of the landmark or the property will
be affected;
d. Whether the denial of a certificate of appropriateness would deprive the property owner of
reasonable beneficial use of his property; and
e. Whether the plans may be reasonably carried out by the applicant.
21- 183.05 - Alterations
In approving or denying applications for certificates of appropriateness for alterations, the Board
shall also use the following additional guidelines which are based on the United States Secretary of
the Interior's Standards for Historic Preservation Projects.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -10
a. Every reasonable effort shall be made to provide a compatible use for a property that requires
minimal alteration of the building structure, or site and its environment, or to use a property
for its originally intended purpose.
b. The distinguishing original qualities or character of a building, structure, or site and its
environment shall not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible.
C. All buildings, structures, and sites shall be recognized as products of their own time.
Alterations which have no historical basis and which seek to create and earlier appearance
shall be discouraged.
d. Changes which may have taken place in the course of time are evidence of the history and
development of a building, structure, or site and its environments. These changes may have
acquired significance in their own right, and this significance shall be recognized and
respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced, wherever possible.
In the event replacement is necessary, the new material should match the material being
replaces in composition, design, color, texture, and other visual qualities. Repair or
replacement of missing architectural features should be based on accurate duplications of
features, substantiated by historical, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from other buildings or
structures.
g. The surface cleaning of the structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will damage the historic building material shall
not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any acquisition, protection, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
21- 183.06 - New Construction
In approving or denying applications for certificates of appropriateness for new construction, the
Board shall also use the following additional guidelines:
a. The height of proposed building shall be visually compatible with the adjacent buildings;
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -11
b. The relationship of width of the building to the height of the front elevations shall be visually
compatible to buildings and places to which it is visually related;
C. The relationship of the width of the windows to height of windows in a building shall be
visually compatible with buildings and places to which the building is visually related;
d. The relationship of solids to voids in the front facade of a building shall be visually related;
e. The relationship of building to open space between it and adjoining buildings shall be
visually compatible to the buildings and places to which it is visually related;
f. The relationship of entrance and porch projections to sidewalks of a building shall be
visually compatible to the buildings and places to which it is visually related;
g. The relationship of the materials, texture and color of the facade of a building shall be
visually compatible with the predominant materials used in the buildings to which it is
visually related;
h. The roof shape of a building shall be visually compatible with the buildings to which it is
visually related;
Appurtenances of a building such as walls, wrought iron fences, evergreens, landscape
masses, building facades, etc., shall, if necessary, form cohesive walls of enclosures along
a street, to ensure visual compatibility of the building to the buildings and places to which
it is visually related;
j. The size of a building, the masses of a building in relation to open spaces, the windows, door
openings, porches and balconies shall be visually compatible with the buildings and places
to which it is visually related; and
k. A building shall be visually compatible with the buildings and places to which it is visually
related in its directional character, whether this be vertical character, horizontal character or
nondirectional character.
21- 183.07 - Demolition
a. No certificate of appropriateness for demolitions shall be issued by the Board until the
applicant has demonstrated that no other feasible alternative to demolition can be found. The
Board may ask interested individuals and organizations for assistance in seeking an
alternative to demolition. On all demolition applications, the Board shall study the question
of economic hardship for the applicant and shall determine whether the landmark or property
in the historic district can be put to reasonable beneficial use without the approval of
demolition application. In case of an income - producing building, the Board shall also
Rev. 7/00 ( PoliciesProcedures /L.andDevelopmentCode) XIV -12
determine whether the applicant can obtain a reasonable return from his existing building.
The Board may ask applicants for additional information to be used in making these
determinations including, but not limited to, evidence that the plans for a new building on
the site will be implemented. If the applicant fails to establish the lack of a reasonable
beneficial use of the lack of a reasonable return, the Board shall deny the demolition
application.
b. The Board may grant a certificate of appropriateness for demolition even though the
designated landmark, designated landmark site, or property within the designated historic
district has reasonable beneficial use if:
1. The Board determines that the property no longer contributes to a historic district or
no longer has significance as a historic, architectural or archeological landmark, or
2. The Board determines that the demolition of the designated property is required by
a community redevelopment plan or the comprehensive plan.
21- 183.08 - Relocation
When an applicant seeks to obtain a certificate of appropriateness for the relocation of a landmark,
a building or structure on a landmark site, or a building or structure in a historic district or wishes
to relocated a building or structure to a landmark site or to a property in a historic district, the Board
shall also consider the following:
a. The contribution the building or structure makes to its present setting;
b. Whether there are definite plans for the site to be vacated;
C. Whether the building or structure can be moved without significant damage to its physical
integrity; and
d. The compatibility of the building or structure to its proposed site and adjacent properties.
21- 183.09 - Appeals
Within fifteen (15) days of the Board decision, any person may appeal to the City Council any
decision of the Board on an application for a certificate of appropriateness. The City Council shall
approve, approve with modification, or disapprove the application within sixty (60) days of the
appeal.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -13
SECTION 21 -184 - ARCHAEOLOGICAL PRESERVATION
21- 184.01 - Purpose and Intent of Article
It is hereby declared as a matter of public policy that the identification, evaluation and protection of
archaeological sites on public property is in the interest of the health, prosperity and welfare of the
people of the City. The public has an interest in the preservation of archaeological sites and artifacts
for their scientific and historical value and furthermore has a right to the knowledge to be derived
and gained from the scientific study of archaeological materials. The recent past has seen the
neglect, desecration and destruction of archaeological sites and the removal of archaeological objects
and information without adequate records with a resulting loss to the city's citizens of knowledge
concerning their heritage. The destruction of these nonrenewable archaeological resources result in
a significant loss to the quality of life and cultural environment of the City. It is intended that
through this Article that reasonable measures will be taken to prevent the loss of archaeological sites
on public property within in the City limits. It is therefore the policy of the City to take such actions
as are necessary or appropriate to locate, preserve and interpret archaeological sites that are located
on property owned or controlled by the City and to ensure that similar protective measures are
undertaken by other governmental agencies owning property, or funding projects impacting property,
in the City limits. It is not the desire or intent of the City to excavate every archaeological site within
the city, but rather to provide a mechanism that will enable the recovery of data, mitigate adverse
impacts, and protect significant sites in conjunction with projects undertaken to provide public
facilities.
21- 184.02 - Excavations on Public Property
No individual shall be allowed to use a probe, metal detector or any other device to search or
excavate for artifacts on public property, nor can any individual remove artifacts from public
property without the written permission of the City. Furthermore, no disturbances or construction
activities shall be authorized within properties belonging to the City, including public streets and
right -of -ways, without a City right -of -way permit and without such archaeological efforts as may be
addressed by this Article. Any proposed archaeological work and delays relative to a disturbance
or construction work shall be in accordance with provisions of this chapter relative to major and
minor disturbances in Archaeological Zones.
21- 184.03 - Ownership of Artifacts
a. All artifacts uncovered, recovered or discovered during the course of any testing, salvage
archaeology or monitoring, as provided herein, on private property shall belong to the owner
of the property upon which such artifacts are found. Likewise, artifacts uncovered, recovered
or discovered during testing, salvage archaeology or monitoring on property belonging to the
City shall belong to the City. However, the City shall retain possession of artifacts from
private property for a period of up to two (2) years to allow for their property analysis,
cataloging, recording and conservation with written permission of the owner. Furthermore,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -14
the City shall attempt to obtain written permission from property owners to secure permanent
ownership of the artifacts; otherwise, all retained artifacts are then to be returned to the
property owner as soon as such analysis, cataloging, recording, and conservation is
completed. Individuals and property owners are strongly urged to donate archaeological
artifacts to the City for long -term storage, care, protection and preservation.
b. The removal of human skeletal remains recovered in archaeological context in all instances
shall be coordinated with the local medical examiner, City, City Archaeologist and the State
Archaeologist. Such remains shall be dealt with in accordance with the provisions of
Chapter 872, Florida Statutes, and they are not subject to private ownership. Such material
shall be sensitively treated and following their analysis by a physical anthropologist, shall be
curated at a designated repository or appropriately reburied. If at all possible, human burials
should not be removed, they should be left undisturbed in their original position.
21- 184.04 - Curation of Artifacts
Artifacts from monitoring, salvage archaeology and testing efforts will be washed, cataloged,
analyzed, recorded and conserved by the City Archaeologist in compliance with the U. S.
Department of Interior curation standards, with written permission of the owner. If the artifacts are
permanently donated to the City they will be property preserved and stored. The City will be
responsible for determining the approved and acceptable repository for artifacts from the
archaeological program in the City and the City will strive to maintain consistency in curation
procedures and storage of materials in a minimal number of locations.
SECTION 21 -185 - EMERGENCY ACTIONS
21- 185.01 - Emergency Conditions: Designated Properties
In any case where the Certified Building Official determines that there are emergency conditions
dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic
district, he may order the remedying of these conditions without the approval of the Board or
issuance of a required certificate of appropriateness. The Certified Building Official shall promptly
notify the chairman of the Board of the action being taken.
21- 185.02 - Emergency Actions: Non - Designated Properties
The City Council may call an emergency meeting to review a threat to a property that has not yet
been designated by the city but appears to be eligible for designation. The City Council may request
that a stop work order be issued by the Certified Building Official for a thirty (30) day period in order
to provide time to negotiate with the property owner to remove the threat from the property; the
Board shall seek alternatives that will remove the threat to the property. During the thirty (30) day
period, the City Council may initiate steps to designate the property under the provisions in this
chapter.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -15
SECTION 21 -186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
21- 186.01 - Conformity with the Certificate of Appropriateness
All work performed pursuant to a certificate of appropriateness shall conform all provisions of such
certificate. It shall be the responsibility of the Building Department to inspect from time to time any
work being performed to assure such compliance. In the event work is being performed not in
accordance with such certificate, the Certified Building Official shall issue a stop work order. No
additional work shall be undertaken as long as such stop work order shall continue in effect.
SECTION 21 -187 - MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK
SITES AND PROPERTY IN HISTORIC DISTRICTS
21- 187.01 - Provisions
a. Every owner of a landmark, a landmark site or a property in a historic district shall keep in
good repair:
1. All of the exterior portions of such buildings or structures;
2. All interior portions thereof which, if not so maintained, may cause buildings or
structures to deteriorate or to become damaged or otherwise to fall into a state of
disrepair;
3. In addition, where the landmark is an archeological site, the owner shall be required
to maintain his property in such a manner so as not to adversely affect the
archeological integrity of the site.
b. The Board may refer violations of this section to the Building Department for enforcement
proceedings on any building or structure designated under this Article so that such building
or structure shall be preserved in accordance with the purposes of this article.
C. The provisions of this section shall be in addition to the provisions of the building code
requiring such building and structures to be kept in good repair.
SECTION 21 -188 - PENALTY
21- 188.01 - Penalty
Any person violating any of the provisions of this Article shall be fined not less than fifty dollars
($50.00), nor more than one hundred dollars ($100.00) for each offense. Each day's continued
violation shall constitute a separate offense. The Citizen Code Enforcement Board shall review any
violation of this article in accordance with the Board's procedure.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -16
21- 188.02 - Civil Penalties
In addition to the penalties provided in section 21 -188, any person who violates any provision of this
article shall forfeit and pay to the city, civil penalties equal to the fair market value of any property
demolished or destroy in violation of this article or the Code to repair or rehabilitate any property
that is altered in violation of this article. In lieu of monetary penalty, any person altering property
in violation of the provisions of this article may be required to repair or restore such property.
SECTION 21 -189 - DEMOLITION PERMITS
21- 189.01 - Requirements
Required: approval by the Recreation /Cultural Services Board; Hearing; exempt.
Prior to the issuance of a demolition permit pursuant to section 103 of the Standard Building Code
(1985) or the same section recodified of a later adopted version of the Standard Building Code, such
permit shall be reviewed and approved by the Edgewater Recreation /Cultural Services Board. The
Board shall hold a hearing for the purpose of approving or denying the demolition permit. The
hearing shall be advertised in a newspaper of general circulation in the city at least thirty (30) days
prior to the hearing. The Board shall approve the demolition permit only after finding that the
proposed demolition is in compliance with federal, state, county and city laws and ordinances
regulating the demolition of historic structures. The following shall be exempt from the
requirements of this section:
a. All structures less than fifty (50) years old;
b. All detached garages, carports, porches, utility buildings, and similar accessory structures;
and
C. All docks, boat houses, and similar structures.
21- 189.02 - Immediate Demolition of Unsound Structures
Notwithstanding the aforesaid provisions of this section, the Certified Building Official may
authorize the immediate demolition of any structure in accordance with section 103 of the Standard
Building Code (1985) or the same section of a later adopted version of the Standard Building Code
when, in his opinion, the subject structure is so unsound that it is in imminent peril of collapse. The
Certified Building Official, after issuing a demolition permit under these circumstances, shall, within
thirty (30) days , provide a written report to the Board describing the action he has taken and
explaining the reasons for taking the action. The Board shall review the Certified Building Officials
report. Should the Board disagree with the action taken by the Certified Building Official, the Board
shall issue a written report to the City Manager. The City manager shall review the Board's report
and the Certified Building Official's report. The City manager shall take whatever action he deems
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -17
appropriated and provide a written report on his action to the Certified Building Official, the Board,
and the City Council.
21- 189.03 - Appeals of Final Decision
Final decisions under this section of the Board may be appealed to the City Council. The City
Council shall have the authority to affirm, modify, reverse or remand the decision of the Board.
Requests for appeal may be made to the City Manager or the City Clerk.
Sections 21 -190 through 21 -200 reserved for future use.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XIV -18
ARTICLE XV
AIRPORTS
SECTION 21 -200 - GENERAL PROVISIONS
21- 200.01 - General Provisions .................................................. ............................... XV -1
21- 200.02 - Airport Hazard Zone ............................................... ............................... XV -1
Article XV
-i-
Rev. 7 \00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XV
AIRPORTS
SECTION 21 -200 - GENERAL PROVISIONS
21- 200.01 - General Provisions
This article establishes a process and standards for development to ensure that the public health,
safety and welfare is protected. The focus of this Article is on airport zoning.
21- 200.02 - Airport Hazard Zone
a. Purpose and intent - the purpose of this section is to prevent the creation or establishment
of structures, lighting facilities, antenna, or other element dangerous to air navigation.
b. Scope - the regulations imposed in this section shall be enforced within the area on the map
entitled EDGEWATER AIRPORT HAZARD ZONE, which is shown on the City's zoning
map.
C. Airspace height zones standards:
1. No structure shall be permitted that exceeds the current Federal Aviation Regulations
and Obstruction Standards concerning objects lying beneath approach, transitional,
horizontal, primary and conical surface zones, as depicted on the zoning map.
2. No structure shall be erected that raises the published minimum descent height for
an instrument approach to any runway, nor shall any structure be erected that causes
the minimum obstruction clearance altitude or minimum en route altitude to be
increased on any Federally Approved Airway.
d. Lighting - notwithstanding the preceding provisions of the section, the owner of any structure
more than two hundred (200') feet above ground level shall install lighting in accordance
with FAA Advisory Circular 70- 7460 -1D and amendments thereto on such structure.
Additionally, high intensity white obstruction lights shall be installed on a high structure
which exceeds seven hundred (700') feet above ground level. The high intensity white
obstruction lights must be in accordance with FAA Advisory Circular 70- 7460 -1D.
Rev. 7 \00 ( PoliciesProcedures /LandDevelopmentCode) XV -
e. Hazard marking and lighting - any permit or variance granted shall require the owner to
mark and light the structure in accordance with FAA Advisory Circular 70- 7460 -11). The
permit may be conditioned to install, operate and maintain markers and lights as may be
necessary to indicate to pilots the presence of an airspace hazard if special conditions so
warrant.
Variance - no application for variances to the requirements of this section may be considered
by the Planning and Zoning Board unless a copy of the application has been by furnished by
certified mail, return receipt requested, to the Florida Department of Transportation, Bureau
of Aviation, and by regular mail or hand delivered to the City of Edgewater Planning and
Development Department for review and comment. If no comments are received within
sixty (60) days after the postmark date, the Board may act without comment from the Bureau
of Aviation.
Rev. 7 \00 ( PoliciesProcedures /LandDevelopmentCode) XV - 2
ARTICLE XVI
FIRE & HAZARD PREVENTION
SECTION 21 -210 - GENERAL PROVISIONS
21- 210.01- Purpose .................. ............................... XVI -1
21- 210.02 - Adoption of Codes ......... ............................... XVI -1
21- 210.03 - Amendments to Codes ...... ............................... XVI -1
21- 210.04 - Access to Buildings by Fire Apparatus ........................ XVI -1
21- 210.05 - Fire Lane Requirements ..... ............................... XVI -2
SECTION 21 -220 - HAZARDOUS MATERIALS
21- 220.01 - Cleanup and Abatement ..... ............................... XVI -2
21- 220.02 - Cost Recovery, Penalties, other Remedies ...................... XVI -3
SECTION 21 -230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC.
21- 230.01 - Burning or Burying Garbage, other Refuse ..................... XVI -3
21- 230.02 - Burning of Trash and Ground Cover .......................... XVI -3
21- 230.03 - Burn Permit Required ....... ............................... XVI -4
SECTION 21 -240 - WATER DISTRIBUTION
21- 240.01 - Water Distribution Systems .. ............................... XVI -4
SECTION 21 -250 - FIRE FLOW REGULATIONS & HYDRANTS
21- 250.01- Intent .................... ............................... XVI -5
21- 250.02 - Applicability .............. ............................... XVI -5
21- 250.03 - Required Fire (Water) Flow .. ............................... XVI -5
21- 250.04 - Fire Hydrants ............. ............................... XVI -6
Article XVI
-i-
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode)
ARTICLE XVI
FIRE & HAZARD PREVENTION
SECTION 21 -210 - GENERAL PROVISIONS
21- 210.01 - Purpose
The purpose of this Article is to promote, protect and improve the health, safety and welfare of the
citizens of the City by adoption of nationally recognized codes and standards as well as following
accepted industry (hazardous materials, water distribution, etc.) guidelines.
21- 210.02 - Adoption of Codes
The following standards are hereby adopted and incorporated by reference as the fire and life safety
standards of the City:
a. NFPA 1, Fire Prevention Code, 1997 Edition as hereinafter amended;
b. NFPA 101, Life Safety Code, 1997 Edition;
C. Those mandatory referenced publications as listed in Chapter 33, referenced publications of
NFPA 101, 1997 Edition;
d. Those mandatory referenced publications as listed in Chapter 43, recognized standards and
publications of NFPA 1, Fire Prevention Code, 1998 Edition.
21- 210.03 - Amendments to Codes
The following are hereby amended to read as follows:
a. Section 1 -7, Board of Appeals; NFPA 1, 1997 Edition, is repealed and replaced with Article
VIII (Administration), Section 21 -87 (Construction Regulation Board) of the City of
Edgewater Land Development Code.
21- 210.04 - Access to Buildings by Fire Apparatus
a. All buildings (except one and two family dwellings) constructed after adoption of this
Article, shall be accessible to Fire - Rescue Department apparatus by way of access roadways
with all- weather driving surfaces of not less than twenty feet (20') of unobstructed width,
with adequate roadway turning radius capable of supporting the imposed loads of fire
apparatus and having a minimum vertical clearance of thirteen feet six inches (13'6 ").
b. The required width of access roadways shall not be obstructed in any manner, including the
parking of vehicles.
Rev. 7/00 ( Pol iciesProcedures /LandDevelopmentCode) XVI -1
C. The Fire Chief or his/her designee shall have the authority to require an increase in the
minimum access widths where they are inadequate for fire or rescue operations.
d. Where security gates are installed, they shall be maintained and a means for emergency
operation shall be provided and maintained as approved by the Fire Chief or his/her designee.
21- 210.05 Fire Lane Requirements
a. Fire lanes shall be twenty feet (20) in width.
b. Fire lanes shall be required for all buildings that are set back more than one hundred fifty feet
(150') from a public or private road or exceed thirty feet (30') in height and are set back more
than fifty feet (50') from a public road.
C. Fire lanes shall also be required for access to building sprinkler /standpipe connections, fire
hydrants and major building entrance points.
d. Fire lanes may also be required when parking lot design, building or site design make access
to the building difficult for emergency vehicles.
e. Fire lane markings shall be as follows:
1. Signs shall be twelve inches (12 ") wide by eighteen inches (18 ") in height;
2. Signs shall be white with red letters and shall read "No Parking or Standing - Fire
Lane ";
3. Signs shall be placed every one hundred feet (100') and shall be double faced and
shall be seven feet (T) from the ground;
4. Stripes on the pavement shall be of safety yellow thermoplastic material and shall be
four inches (4 ") wide and shall be placed every one hundred feet (100') and shall read
"No Parking or Standing - Fire Lane "; and
5. Curbs shall be painted in safety yellow for the length of the fire lane.
SECTION 21 -220 - HAZARDOUS MATERIALS
21- 220.01 - Cleanup and Abatement
a. The Fire - Rescue Department is hereby authorized to take such steps deemed necessary to
cleanup, remove or abate the effects of any hazardous substances discharged upon or into
public or private property or facilities located within the corporate limits of the City.
b. Any person who, without legal justification, discharged, participates or assists in the
discharge or authorizes the discharge of any hazardous substance that requires cleanup,
removal or abatement by the Fire - Rescue Department or its contractors shall be liable to the
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -2
City for the costs incurred by the City in the cleanup, removal or abatement of such
discharge. In the event that more than one (1) person has made a discharge, participated in
the discharge or authorized the discharge of a hazardous substance, each person shall be
jointly and severably liable for costs incurred in the cleanup, removal or abatement of such
discharge.
C. The Fire - Rescue Department shall keep a detailed record of any costs incurred in the cleanup,
removal or abatement of discharge of any hazardous substance.
21- 220.02 Cost Recovery, Penalties, other Remedies
a. Any person responsible for discharging, participating or assisting in the discharge or
authorizing the discharge of a hazardous substance shall reimburse the City for the full
amount of all costs associated with the cleanup, removal or abatement of any such discharge
within a period of thirty (30) days after receipt of an itemized invoice for such costs from the
City.
b. The remedy provided for in this section shall be supplemental and in addition to all other
available remedies at law and equity.
C. Funds recovered pursuant to this section shall be allocated to the city departments that
incurred costs in the cleanup, removal or abatement of the discharge of a hazardous
substance. It is the intent of this article that levels of response equipment, inventories and
city funds be replenished to levels which existed prior the City's response to a discharge of
hazardous substances.
SECTION 21 -230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC.
21- 230.01 - Burning or burying garbage, other refuse
No garbage, trash, brush, natural cover or other refuse shall be burned except as provided in
this Article, and no garbage shall be buried within the city.
21- 230.02 - Burning of trash and ground cover
Conditions for open burning of trash and natural cover. Open burning of trash, brush, and
natural cover (as a result of land clearing) may be permitted by the fire department when it is
determined that:
a. The weather conditions will allow the escape of smoke and fire by products without being
a hazard or nuisance to the surrounding citizens or their property.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -3
b. The location, amount and nature of these materials, when burning, present no health or safety
hazards to the surrounding citizens or their property.
The time of day that materials may be burned and when they must be extinguished will be
established by the Fire Chief based upon the considerations set forth herein and those safety
practices deemed necessary based on standard fire procedures.
21- 230.03 - Burn permit required
A burning permit must be secured from the Fire Department prior to each burn and shall be
subject to such conditions as are imposed by the Fire Department. Any violation of the conditions
of the burn permit or of any provision of this article shall be cause for revocation of the permit and
may be considered for prosecution as a code violation, misdemeanor or as a basis for denial of
subsequent applications where such violations have been determined by the Fire Chief or his
designee to have constituted a public hazard. A fee will be assessed to cover the costs of issuance
of each permit. Said fee will be established from time to time by resolution of the City Council.
SECTION 21 -240 - WATER DISTRIBUTION
21- 240.01 - Water distribution systems
Water Distribution System Piping shall include all piping which is part of the water distribution
system which supplies water to a fire hydrant.
a. Minimum Size. Except as provided herein, all new water mains supplying water to fire
hydrants shall be at least six inches (6 ") in inside diameter. The minimum size for water
mains will vary according to the intended use of the property as set forth in Section 21 -250
(Fire Flow Regulations). When water mains are installed along right -of -ways that have
differing abutting land uses, the diameter along the entire run shall be based on the largest
main size required hereby.
b. Looping. Except as provided herein, all water mains serving fire hydrants shall be looped.
Water mains shall be designed so that in the event the water supply is interrupted at one (1)
end of the loop; the flow of water to the hydrant shall not be entirely eliminated.
Provisions for Non- Looped Water Mains. Recognizing the fact that there will be
applications where looped water mains are impractical. The following applications are
exempt:
Dead -end water mains supplied by a looped water main of equal or larger size may
be extended the following distances: up to two hundred fifty feet (250') for six inch
(6 ") water mains, and up to five hundred feet (500') for eight inch (8 ") or larger water
mains. This application is permitted without any upsizing of the water main,
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -4
providing the required fire flow is available. Physical arrangements may include
unusual street layouts such as a cul -de -sac, or cases where a hydrant is required on
one (1) side of a street and the water main is on the other. The preferred diameter for
dead -end mains is eight inches (8 ") if sufficient feed is available.
2. Dead -end (non - looped) water mains may be permitted in new subdivisions and land
development sites where there are no water mains present or of sufficient size to
complete a loop. This would be applicable to areas being serviced by a single larger
(eight inch or larger) diameter water main.
3. When non - looped water mains not already covered in subparagraph (2) are permitted
in place of looped water mains, the minimum size shall be increased by not less than
two inches (2 ") in diameter and still meet the minimum fire flow requirements as
determined by this Article.
SECTION 21 -250 - FIRE FLOW REGULATIONS & HYDRANTS
21- 250.01 - Intent
The intent of this Section is to assure an adequate supply of water for fire suppression by
establishing minimum water main sizes and minimum water flow rates to control and extinguish
fires that may occur within the City of Edgewater. This Section is applicable to the City water
distribution system's future additions, and the replacement of any existing noncomplying segments
of the system through normal system upgrading.
21- 250.02 - Applicability
This Section will not apply to one (1) and two (2) family dwellings being built outside of an
approved subdivision or land development project. The intent of this Section is to exempt new and
existing one (1) and two (2) family dwellings located within sections of the City which were
developed without a water system meeting the minimum requirements of this Article.
21- 250.03 - Required fire (water) flow
The required fire flow is the quantity of water measured in gallons per minute (GPM) that
is needed to extinguish a fire involving a particular building, area or material.
a. The computation of the required fire flow depends upon the size (gross square footage), type
of construction, occupancy, separation between buildings and/or combustible materials, and
the potential heat release of the materials being evaluated using a form developed by the
Insurance Services Organization (ISO). Fire wall separations within a building may not be
used as a means of reducing the gross square footage.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -5
b. The minimum size for water mains supporting fire hydrants and the minimum flow rates for
the various land use groups shall be as follows:
C.
1. Six inches (6 ") and five hundred gallons per minute (500 GPM) for one and two
family residential (single family, detached and duplex),
2. Eight inches (8 ") and one thousand gallons per minute (1,000 GPM) for multi - family
residential (less than three (3) stories or twelve (12) units or less per building,
including townhouses),
3. Eight inches (8) and one thousand gallons per minute (1,000 GPM) for commercial
areas less than ten thousand (10,000) square feet and three (3) stories or less and
multi - family residential three (3) stories or over twelve (12) units per building
including townhouses, and
4. Twelve inches (12 ") and twenty -five hundred gallons per minute (2,500 GPM)for
commercial areas over ten thousand (10,000) square feet.
C. Each building other than one (1) and two (2) family dwellings to be constructed, enlarged or
having a change in occupancy shall be evaluated for fire flow needs as set forth in this
section.
d. If water is not available in sufficient quantity to meet the required fire flow, the following
alternatives are available to comply with this Article:
1. Reduce the required fire flow fifty percent (50%) by installing an approved automatic
fire sprinkler; or
2. Reduce the required fire flow twenty -five percent (25%) by installing an approved
smoke detection and alarm system that transmits an alarm to a central receiving
station in accordance with NFPA 72; or
3. Reduce the required fire flow ten percent (10 %) by installing an approved local
smoke detection and alarm system in accordance with NFPA 72; or
4. Utilize a construction type for the structure that will reduce the required fire flow
enough to meet the quantity of water available.
e. All private water deliver systems and water storage systems being utilized to meet minimum
fire flow requirements must meet the applicable standards adopted by the City.
f. No salt or brackish water will be eligible for consideration as part of the minimum fire flow
available for use.
21- 250.04 - Fire hydrants
a. Approved fire hydrants shall be provided for buildings built after adoption of this ordinance
to meet the required fire flow requirements as determined by the Fire Chief or his/her
designee using current AWWA (American Water Works Association) and NFPA (National
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -6
Fire Protection Handbook) standards.
b. The Fire Chief shall designate the location and number of fire hydrants but in no case shall
distance between fire hydrants installed after adoption of this ordinance exceed one thousand
feet (1,000').
C. Fire hydrants shall be located within five hundred feet (500') of the most remote area of the
building when measured along normal routes of Fire - Rescue Department access.
Exception. One (1) and two (2) family dwellings.
d. Where sprinkler an /or standpipe systems are provided, a fire hydrant shall be located at least
fifty feet (50') away from the structure.
e. All fire hydrants shall be of breakaway design. The minimum size for the barrel of all new
hydrants shall be at least 5' /a inches in diameter. Each hydrant shall have two 2 1 /2 inch male
thread hose connections and one 4 1 /2 inch male thread hose connection. All hose
connections shall be of American National Standard thread. The operating nut shall be 1 1 /2
inches point to point. For the purpose of standardization and parts inventory, only those
makes of hydrants approved by the Utilities and Fire Departments shall be installed to
comply with this Article.
f. The center of the lowest outlet shall be not less than sixteen inches (16 ") above the
surrounding grade. The operating nut shall not exceed 4 /z feet above the surrounding grade.
g. Hydrants shall not be located closer than three feet (3') or more than thirty feet (30') from a
traveled street or roadway. No fence, tree, post, shrub or other object which could block the
hydrant from normal view or obstruct the hydrant's use shall be located within four feet (4')
of said hydrant. Unless otherwise requested by the Fire Chief or his/her designee, the 4 1 /2
inch large volume connection shall be situated so it faces the nearest roadway. No hydrant
shall be installed where pedestrian or vehicular traffic would interfere with the use of the
hydrant.
h. All fire hydrants located on dedicated public right -of -ways or designed to serve multiple
ownerships shall be conveyed by approved instrument to the City. Once the City has
accepted ownership, the responsibility for maintenance and operation shall be the City's. All
hydrants not dedicated to the City shall be maintained in accordance with NFPA 25 at the
owner's expense.
Rev. 7/00 ( PoliciesProcedures /LandDevelopmentCode) XVI -7
a D V
K
r
J 9
CITY OF EDG WATER ................ q
fk R-1
f W
z F MAP,,R�y �� A
EC RR PROPR�Y '` ♦ Cv� 9 O
OFFICIAL ZONINU F B-3 Q�-
♦ S�Pe •
RESIDENTIAL DISTRICTS R- 4
R - T -RURAL TRANSITIONAL BROWN'S BAY
R -1 - SINGLE FAMILY RESIDENTIAL R
� INDUSTRIAL .v,
Y
R - 2 -SINGLE FAMILY RESIDENTIAL PLANNED ..-
UNIT
• 5� DEVELOPMENT •1 < jTT F O�'A (j�
R 3 SINGLE FAMILY RESIDENTIAL ,IwLIT, N
R - 4 -MULTI- FAMILY RESIDENTIAL R f�,R ♦
R 3* CLEARANCE
R 5 MULTI FAMILY RESIDENTIAL zON�
- THIS IS TO CERTIFY THAT THIS OFFICIAL ZONING M.4P
9 ♦ SUPERSEDES AND REPLACES THE OFFICIAL ZONING
MAPADOPTED AUGUST 8,1982 AS PART OF THE CODE
♦ O ,r ORDINANCES OF THE CITY OF EDGE WA OF
ER, FLORIDA
RPUD - RESIDENTIAL PLANNED UNIT DEVELOPMENT , �S
B-3 �
MH -1 -MOBILE HOME PARK w ,
v Z
MH - 2 -MANUFACTURED HOME SUBDIVISION B-3
� I1 R-5 z
4-10
COMMERCIAL DISTRICTS R-3* �,4,-
ix,INDUSTRIAL ♦��
B - 2 -NEIGHBORHOOD BUSINESS �1Z '°
PLANNED B_3 R-3 R_ 9np
UNIT ♦ y MAYOR
B 3 HIGHWAY COMMERCIAL �,
DEVELOPMENT
II
B - 4 -TOURIST COMMERCIAL W
N'7 PINEe ^(s4liti+i8d`
SPUD BUSINESS PLANNED UNIT DEVELOPMENT
ISLAND v� ,;�:
L O 9BAY w o
INDUSTRIAL DISTRICT I-2
_
S a w
R z CITY
1- 1 -LIGHT INDUSTRIAL MH-1 y Q a rr
J► >i. , i `%,s, ' *„' =^ . tide
- 2 -HEAVY IND ♦ jy j LL
t�"ri 1. ryi Rifai'-'4?yb
INDUSTRIAL
- r 4
IPUD - INDUSTRIAL PLANNED UNIT DEVELOPMENT R-3 y
OTHER v
Q�
MH-1 ' p
AG -AGRICULTURE R
d
R - RECREATION - z
I- * ,
C - CONSERVATION y R-4 -3
IRK
RR � �
CONSERVATION OVERLAY SEE PLANNING DEPT. FOR VERIFICATION F`
0
d D D
RP - RESIDENTIAL PROFESSIONAL I- * I-4* R R
H
_ —g AG -3 0 1 INCH = 800 FEET
00
CITY LIMITS LINE _
4 0 400 0 400 800
ZONING DISTRICT BOUNDARY LINE
A-1* C
C* ♦ R-4 R-1
a
* INDICATES COUNTY ZONING
A SCALE IN FEET
A-2* n
rAMTNnLLJ
d
N
H
ro
S R-4 REAL
a
I-2 ELWINDER
rn
I-1to
\ \ y z CIR R 1 CREEK
\ \ QzT H
B-3
- - -
\\ O
BOTTLE
R ♦J9 B-3 a ISLAND
\ \ r3 k AAZ O
\ \ y B-3
d
P
th st S R ,2 HREE
SIS1 ER
ISA
/ R-4
-
F P& L _ F P&
11
C,
RC,� N C9
u
lR ^+ A-3 ST
R-1
9R
B-3
C * t zoo vxiTs Max.
♦ aA-3* A-3* PER COURT ORDER B-4*
S
0
� B-4 -
A-2 *
♦
z
R1
A-3* A-3* \ \ \ \ N
\ \ \ \ \ �� o
\ \ \ Dly
•
A-3* R-3*
RC*
H
aa2 CITY v w U
A-3* s ME flilialitliIII
CrN ors LiLLBPUD* n �,,
B-3 T
I
_ * R R ors
A 3 $-6* � 2dr9
A-1*
E 2
F
B-3 R-3*
MH-4* r
A-3*
�S * y
A-3 R-4
E
R-3* lot R-3*
B- 6* 0* � ,
A-3* t
a
1
s o
U � 1 kh SAGO '9 gt
J
.o S
1 Z
MH-4*
1 9
B 35th T
MAY
1
0