84-O-22ORDINANCE NO. 84-0-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING ARTICLE II. DEFINITIONS
SECTION 200.00. INTERPRETATIONS OF CERTAIN TERMS
AND WORDS OF THE CODE OF ORDINANCES OF THE CITY
OF EDGEWATER, FLORIDA BY CHANGES, DELETIONS AND
ADDITIONS IN SAID TERMS AND WORDS; CONTAINING A
REPEALER PROVISION; A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board of the City of Edgewater,
Florida, has reviewed Article II. Definitions, Section 200.00.
Interpretations of certain terms and words, of the Edgewater Code of
Ordinances at its September 10, 1984 public meeting and has recommended
amendments to Article II. Section 200.00 as provided therein, and
WHEREAS, the Edgewater City Council considered this recommendation
at its September 17, 1984 Council Meeting and authorized the City
Attorney to draw up an ordinance on the subject;
NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. Article II, Section 200.00 of the Code of Ordinances
of the City of Edgewater, Florida is hereby amended as follows:*
ABUTTING PROPERTY OWNERS: Property owners with land contiguous
to or across the street from the property in question.
ACCOMODATIONS: Any hotel, motel, tourist court, rooming house
or rental unit intended to be used for transient persons or toursists
for eeernight lodging. er-ienger-
ALLEY: Any public right-of-way set aside for public travel at
least thirty-{HB} twelve (12) feet in width, intended to be used
only as a secondary means of access for service to abutting properties
and not intended for general traffic circulation.
APPARTMENT: A-easkemariip-ranter-eeenpied-dsre�3ing-nnit
eenstrneted-as-@art-a€-a-greng-ef-three-{3}--ar-mere-units-whiek
are-attached-bp-a-eeemxea-wadi-and-�eeated-en-hand-which-is-awned-bp
the-agartment-management- A dwelling unit in a duplex or multiple
family dwelling, and each unit separated by a party wall having
a minimum two-hour fire rating.
* Deleted items have been lined-threngh-and new language underscored.
APARTMENT -GARAGE: An attached or A -detached, accessory building
with ground floor storage for automobiles and with single-family
living quarters on the second floor which shall not exceed two (2)
stories in height.
APARTMENT -GARDEN: A-gnrden-npnrtmen{-ahn33-menn-n-enatemnriip
renter-aeeapied-dwe��iaq-wait-ae-part-ef-a-grew@-ef-three-{3}
bat-net-mere-than-eight-{8}-dre}}ing-nnita-a}}-ef-which-nre-ettnehed
te-the-adjacent-dwe��inq-alit-by-a-eemmen-wa��- Multifamily
dwelling units not to exceed three (3) stories in height. Typically,
garden apartments have units one above the other with several units
sharing a common entrance hall or court, and each unit separated
by a party wall having a minimum two-hour fire rating.
APPLICANT: Any person who submits plans to erect commercial,
residential or industrial buildings which are governed by this Code.
AUTOMATIC AMUSEMENT DEVICES: Any machine which upon the
insertion of a coin, slug, token, plate or disc, may be operated
by the public generally for the use as a game, entertainment, or
amusement, whether or not registering a score, including but not
limited to such devices as video type games, marble machines,
pinball machines, skill -ball, mechanical grab machines, and all
games, operations or transactions similar thereto under whatever
name they may be indicated. It shall not include music playing
devices or non-competitive devices.
BAR: Any place engaging devoted -primarily to the retailing and
drinking of malt, vinous or other alcoholic beverages, or any place
where any sign is exhibited or displayed indicating that alcoholic
beverages are obtainable for consumption on the premises. The
word "bar" shall include the words, "saloon", "tavern", "pub",
"barroom", and ubarreemL: "lounge".
BLOCK: A-trnet-e£-}nnd-bennded-bp-atreeta-er-bp-n-eembiantien
ef-streeta-nnd-gab}ie-parks=-cemeteries;-rni}rend-right-of-�rnp;
share-Linea-ef-waterwape=-er-beandnrp-�4nea-ef-n-mnaieipa�itp-
A tract of land existing within well-defined and fixed boundaries,
usually being a group of lots surrounded by streets or other physical
barriers.
-2- Ord. 84-0-22
BOARD OF ADJUSTMENT: The board of adjustment shall mean -the
beard-e£-edjnstmeats-ae-de€fined-in-Rrtiele-l3E-e€-this-ordinance
and-Ehapter-lg6r-P€erida-6tatntes.hear and act upon appeals of
errors by the building official, variances from requirements of the
Zoning Ordinance, requests for the interpretation of the Zoning
Ordinance or map, and special exceptions (see Article IX).
BUFFER: A six (6) foot high screen that is kept in a neat
and presentable condition at all times and consists of either:
4a}--A-decorative-weedea-£once-that-is-fifty-{fiB}-te-seventp-
flee-{�5}-per-Beat-send;
{b}--A-decorative-eeaerete-black-wall-with-the-exception
that-the-top-two-{B}-£set-af-the-wa}}-shn}}-be-fifty-{5B}
per-cent-solid;-er
{e}--Plerida-grade-A-number-one-{}}-evergreen-plant-materials
e€-sa€€fie€eat-opacity-aad-density-te-prevent-visual
peaetratiea---Plaat-materials-map-initial}y-be-less-than
six-{6}-€set-in-be4ght-but-eha3�-net-be-less-than-three
{3}-4eet.- a decorative wooden fence, a decorative
concrete block wall or plant material of sufficient opacity and
density to prevent visual penetration, or a combination of any
of the three. If plant material is used, it must be three (3)
feet in height at planting.
BUILDING: Any enclosed structure having -a -roe£ -supported -bp
columns-er-wars-and-intended-£er-use-£er-a-reaidenee�-business;
indnstrp7-er-ether-public-er-private-pnrpeso---Per-the-purpose-ef
this-erdinanee-mebile-homes-sha3}-net-be-considered-as-bnildinga-
designed or built for the support enclosure shelter or protection
of persons, animals, chattels or movable property of any kind and
includes any and all structures.
BBiBBINB;-A22BSSBR'f---gee-Accessory-building-er-structure:
BHIhBtN6-ARBA--That-urea-within-and-bounded-bp-the-building
Sines-estnb}fished-by-the-regnired-yards-and-setbaeks-
BBIBBlN6r-PR9N9?-9Pt--�Phe-side-e£-a-building-er-structure-where
the-main-entrance-ia-}seated:--A}}-building-fronts-shall-fact-toward
the-prineipnl-rends-street;-highway-er-wnp-serving-the-bnilding-
-3- Ord. 84-0-22
C O
BUILDING HEIGHT: The vertical distance measured -from the average
e�evatien-e€-the-pregened-€in#shed-grade-a�eag-}he-£rent-e€-Eke
building-te-the-higher}-pain}-ef-a-£sat-ree€;-er-te-the-Beek-sine
e£-a-mansard-reef;-er-te-the-average-height-teve�-between-eases-and
ridge-€er-gable;-hip;-and-gambrel-reefs- finish grade of elevation
at the building line to the highest point of the roof.
BUILDING LINE: �Phe-dine-estnbiished-by-yard-er-setback
requirements-cutside-e£-which-ne-principal-bni3ding-map-be-ereeted-
Any side of the perimeter of foundation of the structure.
CAR WASH: A building or portion thereof containing apparatus
and facilities;-ether-than-a-faueet-and-here; for washing automobiles.
CARPORT: A severed-strnetnie-used-n9-n-private-garage-and
epee-ea-at-}east-two-{9}-sides;-ens-e£-which-sheds-be-need-far
veh#eke-entry.--Any-etrnstnre-net-€�}}3ng-under-this-de€initiea
9hn}}-be-een9idered-to-be-n-garage-and-shn}}-be-equipped-with-e
garage -deer.- roofed area open on one or more sides and is attached
or detached from the principal building and designed or intended
for storage of one or more motor vehicles, trailers, boats or other
movable property.
eHPNGE-eP-9eEUPAHeY: CHANGE OF USE
Ei'Pe-MANA68He--'Phe-eitp-manager-e£-the-2itp-ef-£dgewater-er
the-city-eenaei�-in-the-abeenee-e€-the-city-manager-
CLUSTER HOUSING DEVELOPMENT: A development involving two (2)
or more detached dwellings to be constructed on a tract of land
at-}east-ten-{}g}-acres-ia-rise-and on which all land areas not
occupied by dwelling units shall be designated as common open space.
CONDOMINIUM: A customarily individually owned owner-eeeupied
dwelling units constructedae-part-ef-n-grenp-e£-three-{d} or more
dwelling units which are attached by a common wall and-leeated-en
hand-that-ie-awned-by-the-eendemininm-management.--having a minium
two-hour fire rating.
68B31e€hr-a€�3�e--�Phe-city-eeuaeii-ef-Edgewater-Piersde-
89VBRA9Br-BBiIa9€Nee--bee-Bus}ding-eeverege-
COMPREHENSIVE PLAN: The official guide for�the physical, social,
economic growth of the City of Edgewater or its constituent parts,
properly enacted by the City Council.
-4- Ord. 84-0-22
G
CONSTRUCTION PLAN: The maps or drawings accompanying a site
plan showing the specific location and design of improvements to
be installed as a condition of the approval of the plat.
CONTRACTOR: Any person who, for compensation, undertakes to, or
submits a bid to, or does himself or by others, construct, repair,
alter, remodel, add to, subtract from, improve any building or
structure, including related improvements to real estate for others
or for resale to others, and who is responsible for substantially
the entire project. Contractors are subdivided into three (3)
categories as follows:
(a) General contractor
(b) Building contractor
(c) Residential contractor
COVERAGE, BUILDING: See Building Coverage.
DEVELOPER: Any person, partnership or corporation, or duly
authorized agent, who undertakes the subdivision of land under
these regulations.
DWELLING: A hence;-epnr{went;-er-3fn#}ding-primnri}p-designed
cad-need-£er-heneekeeping-pnrpeses---�Phe-ward-Ldwe}iingn-she}}-nab
ireinde-the-wards-Lhe{e}L;_nme{e}nI_{enria{-eenr{nI-nbenrding-hemen;
and-eeeking-£nei}i{ies-£ar-each-£mni}p-building designed or used
exclusively for residential occupancv.
DWELLING, MULTI -FAMILY: A dwellinq designed for or occupied
by three (3) or more families and which has separate housekeeping
and cooking facilities for each family: and each unit separated
by a party wall having a minimum two-hour fire rating.
DWELLING, TWO-FAMILY: A dwelling designed for or occupied
by two (2) families, and having separate housekeeping and cooking
facilities for each family.- with each unit separated by a party
wall having a minimum two-hour fire rating. The word "two-family
dwelling" includes the word "duplex".
DWELLING UNIT: A building or portion of a building
designed for or-eeenpied occupancy by one (1) family and having
housekeeping and cooking facilities for the exclusive use of the
family..-, excluding garage, carport or patio.
-5- Ord. 84-0-22
EASEMENT: A grant by a property owner for the use of land for
a special purpose or purposes but not conveying title to real property.
EAVES: The extension or overhang of a roof, measured horizontally
from the outer face of exterior walls or columns to the most distant
point of the roof system.
ENFORCEMENT OFFICIAL: The municipal official designated by
the Edgewater City Council to administer and enforce the zoning
ordinance. 4he-city-eennei}-shall-be-the-enfereement-e£fieia}-in
lien-ef-the-city-manegero
ESSENTIAL SERVICES: Phe-ereetien7-eenstrnetien;-niterntien
er-maintenaneel-bY-pablie-utilities-er-municipal-er-ether-gevernmental
agencies-ef-nndergranad-er-everhead-gas;-electrical;-steam-er-water
traasmissiea-er-distr#bat#ea-egstems�-eelleetiea7-eenunaaieatienl
supply-er-disposal-systems;-including-pelesq-wires;-mnias ;-drains
sewersl-pipes-eendnitel-eableeT-€ire-alarm-baxesl-pe}lee-en}}
bexes�-truffle-dignals;-hydrants;-and-ether-similar-equipment-and
neeesseriesT-in-eenneetien-therewith;-reasonably-necessary-£er-the
£arniahinq-ef-adequate-service-bp-sack-public-nti}idea-er-municipal
er-ether-geveramenta}-ngeaeies-er-for-the-pablie-health;-safety-er
general -welfare. -Any services provided by public or municipal or
other governmental agencies.
FAMILY: An individual, ene-{l} or two (2)or more persons all
living-tegether-and-inter-related by marriages-birthT-er-legal adoption
eeenpping-a-dwelling-unit:; blood or a licit marriage, or a group
of not more than five (5) persons who need not be related by blood
or marriage, living together as a single housekeeping unit in a
dwelling.
FLOODPLAIN: Boundaries of the special flood hazard area
indicating a flood having a one (18) percent chance of occurrence
in any given year as indicated on the federal insurance administration
(FIA) flood hazard boundary map.
FRONTAGE: The length of the property line of the lot lots
or trace of land abutting a public or private street.
GAME ROOM: An area within a building specifically designated
for coin operated machines or devices (pinball, pool tables, video
games, ets.) offered to the public as a game or amusement.
-6- Ord. 84-0-22
C O
GROUP DEVEMOPMENT:.A development involving two (2) or more
buildings to be constructed on a plat of ground-at-ieest-ene-half
{}}-acre-in-size.
LOT CORNER: A let-er-portion-e£-a-let parcel of land abutting
the intersection of two (2) or more streets.
MINIWAREHOUSE: A-structure-er-pnrt-ef-a-strnetnre7-net
exceeding-ten-{lg}-feet-£n-height;-ten-{ig}-feet-in-width;-er
twenty-{Pg}-€eet-#n-ieagthT-er-a-tatai-enbie-capacity-e£-two
thensnnd-{d;geq}-enbie-£eet;-fer-storing-goods;-wares-nnd-merchandise;
whether-fer-the-owner-er-fer-athersy-and-whether-it-is-a-public-er
private -warehouse.- To be used solely for storage purposes. The
retail or wholesale of any goods, wares or merchandise or any type of
service business of whatever description is absolutely prohibited.
May be converted into a commercial permitted use if restrooms and
parking are adequate. Must submit new site plan for approval by
the Planning & zoning Board. To be allowed only in that area of
land along the Florida East Coast realroad tracks from 20th to
30th Streets in the City.{6rdv-Hea-49-9-i8;-6eetien-2;-a-9-49}
MOBILE HOME SUBDIVISION: A land area at least fifteen (15)
acres in size which has been subdivided according to regulations of
the Edgewater Mebile-Home-Subdivision Ordinance.- No. 79-0-7.
OFF-STREET PARKING SPACE: A permanently -hard surfaced area for
the parking of a motor vehicle. Such space shall have a minimum
width of ten (10) feet and a minimum length of twenty (20) feet.
When off-street parking spaces are required, a minimum of four hundred
(400) square feet of area per parking space shall be used for computing
the minimum total required parking area including driving lanes,
maneuvering lands,(sig) landscaping and parking spaces.
PATIO HOMES: Single-family dwelling units with a
private outdoor living area, the side walls of which may be party or
lot line walls and having a minimum two-hour fire rating. Patio
homes are designed and constructed to be individually owned and are
sometimes referred to as cluster houses, single-family attached
dwelling units, atrium houses, or court garden houses.
RIGHT-OF-WAY LINE: 'Phe-right-e£-wnp-live-ia-designated-as
the-property-live-and-ail-setbnek-requirements-provided-in-this
erdianaee-shall-be-measured-from-said-right-e£-wep-line- Land occupied
-7- Ord. 84-0-22
or intended to be occupied by a street, alley, walkway, drainage
facility, water main, electric transmission line, sanitary or storm
sewer facility, access for ingress and ingress,or other purposes
by the public, certain designated individuals or governing bodies.
STREET: A public thoroughfare -that vehicular right-of-way
which affords a primary means of access to abutting prepertq-
properties, whether designed as a street, avenue, highway, road,
etc., but excepting driveways to buildings and easements of ingress
and egress.
STREET, ARTERIAL: A street -designated -en -the -Edgewater -future
land-use-plan-as-an-artersa}-street-major, high -capacity street which
carries large volumes of through trafficbetween regional urban
areas.
STREET, COLLECTOR: A street -designated -on -the -Edgewater -future
land -use -plan -as -a -collector -street.- which, in addition to providing
access to abutting properties, carries traffic between local streets
and the system of arterial streets and highways.
STREET, CUL-DE-SAC: A local street of relatively short length
with one end open, and the other end terminating in a vehicular
turnaround for the safe and convenient reversal of traffic movement.
9 PitEE'Py-�lidE---A-line-between-n-street-and-the-abetting-}et
which-def§nos-the-edge-ef-the-legs}-width-ef-e-dedicated-street
right-of-wap-
STREET, LOCAL: A street of limited continuity used primarly
for access to abutting properties and not for through traffic.
STREET, MARGINAL ACCESS: A local or collector street, parallel
and adjacent to an arterial or collector street, providing access
to abutting properties, and protection from through traffic.
STREET, PUBLIC: A vehicular right-of-way that has been dedicated
to and accepted by the City Council for maintenance.
TOWNHOUSE: A dwelling unit eeaetraeted-as-part-ef-e consisting
of a minimum group of three (3) bat -net -mere -than and a maximum of
eight (8) dwelling such units in-one-{}}-bni}dingy-a}}-ef-which-are-
{a}--Attached-te-the-adjacent-dwelling-en4t-by-eexunea-wa}le:
{b}--6nstemarily-owner-eeeapiedy-and
{e}--6itaated-ea-End#vidnally-awned-parcels-ef-luau_ each
separated by adjoining contiguous fire walls having a minimum two-hour
fire rating. A townhouse is typically more than single story and
-8- Ord. 84-0-22
individually owned from the land to the roof. Each townhouse shall
be independently served by separate heating, air conditioning,
sewer, water, electric, power, gas and other utility services.
SECTION 2. All ordinances, or part of ordinances and all
resolution, or parts of resolutions in conflict herewith be and the
same are hereby repealed.
SECTION 3. If any section, part of a section, paragraph,
clause, phrase, or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 4. This ordinance shall take effect immediately upon
its adoption by the City Council of the City of Edgewater, Florida
and approval as provided by law.
This ordinance was introduced by (pus��pn,ti„
This ordinance was read on first reading and passed by a vote of
the City Council of the City of Edgewater, Florida, at a
meeting of said Council held on the -1day of r�g,, , 1984
and approved as provided by law.
The second reading of this ordinance to be at a meeting
of the City Council of the City
nn of Edgewater, Florida, to be held
on the J`� day of _ "'�p�o,,,.%FP.� , 1984.
ROLL CALL VOTE ON ORDINANCE NO. 84-0-22 AS FOLLOWS:
FIRST READING
Ma--
ayt
C ci man-Z e ne
ounc man -zone Two
Councilman-Zo Three
loeY-
Counc ma 'Z ne Four V
SECOND READING
ori'r��
se V
Lounc man -Zone One
-9- Ord. 84-0-22
ounc wo lan- one Two
-zz
Counci�n-Z ThTl re 4�
Counci an-Mne vour n
City Clerk
This Ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edgewater, Florida and
authenticated this day of �n mil , 1984.
—= III, ImAA�
-10- Ord. 84-0-22