City of Edgewater - File #: 2024-O-10

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
5/6/2024	3	City Council	approve	Pass	Action details	Meeting details	Video
4/1/2024	2	City Council	approve	Pass	Action details	Meeting details	Video
2/14/2024	1	Planning and Zoning Board			Not available	Meeting details	Video

ITEM DESCRIPTION:

Title

2^nd Reading - Ordinance No. 2024-O-10: Request to update Article II, Definitions, Article III, Permitted, Conditional, Accessory and Prohibited Uses, Article VI, Sign Regulations, and Article XX, Ridgewood Avenue Corridor Design Regulations.

Body

APPLICANT:

City of Edgewater - Development Services

REQUESTED ACTION:

1. To amend Article II, Definitions, to add definition for Feather Flags and Murals.

2. To amend Article III, Permitted, Conditional, Accessory and Prohibited Uses, Table III Footnotes to allow by right the use of Pawn Shops and Tattoo Parlors/Body Piercing Studios within the Highway Commercial (B-3) zoning designation subject to an applicant meeting specific criteria.

3. To amend Article VI, Section 21-69.09, Window Signs, and Article XX, Section 21-650.02(c), Window Signs, to allow window signs to occupy seventy-five (75%) percent of all windows facing rights-of-way and to allow window signs to not exceed twenty (25%) percent on front doors.

4. To amend Article XX, Section 21-640.05, Prohibited Façade Treatments, to allow for Murals within the Ridgewood Avenue Corridor.

5. To add to Article VI, Section 21-63.05, Feather Flags, and to amend Article XX, Section 21-650.06, Exempted Signs, to allow for feather flags within the Neighborhood Business (B-2), Highway Commercial (B-3), Tourist Commercial (B-4), Light Industrial (I-1), and Heavy Industrial (I-2) zoning districts.

LOCATION:

City-wide

BACKGROUND:

Development Services staff was asked by City Council to prepare text amendment changes to the land development code to allow for Feather Flags and Murals. While preparing the text amendment changes for the City Council Workshop, staff noticed that the current regulations for window decals were not being enforced. Development Services proceeded to draft new changes to the land development code to codify the established pattern of window decals present throughout the City of Edgewater. Staff presented the material to City Council at the January 22^nd, 2024 City Council Workshop. Staff did receive consensus amongst the Council members to move forward with the proposed text amendment changes.

PAWN SHOPS AND TATTOO PARLORS/BODY PIERCING STUDIOS

Intent

Currently, Pawn Shops, Tattoo Parlors/Body Piercing Studios are only allowed within the Light Industrial (I-1) zoning district. The City of Edgewater’s current land development code utilizes the Light Industrial (I-1) zoning district for its nuisance uses. Other uses allowed only by right in Light Industrial (I-1) include Internet/Sweepstakes Cafes and Adult Entertainment. Development Services believes that Pawn Shops and Tattoo Parlors/Body Piercing Studios are not a nuisance and can be allowed within the Highway Commercial (B-3) zoning district when accompanied with specific parameters.

Summary

Pawn Shops and Tattoo Parlors will be administratively reviewed by Development Services within the Highway Commercial (B-3) zoning district with specific setbacks from alcohol dispensing enterprises, religious institutions, public parks, and educational facilities.

Current Regulation within Article III

1. Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. This section shall not apply to any existing Internet/Sweepstakes Café locations, in operation and in compliance with chapter 205 and 849 Florida Statute, and Pawn Shops and Tattoo Parlors/Body Piercing Studios in compliance with Florida Statute at the time of the passage of this ordinance. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will remove said business or operation from this exception. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date of passage of this ordinance. For purposes of any Internet/Sweepstakes Café deemed a non-conforming use as described above, the provisions of Article VII, Land Development Code pertaining to expansion and relocation shall be modified to allow the non-conforming use to continue if expanded or relocated on a one-time basis within the present zoning category if 1) the Internet/Sweepstakes Café deemed a nonconforming use dedicated less than 25% of its square footage to internet/sweepstakes activity in the original location prior to the expansion or relocation, and 2) the Internet/Sweepstakes Café dedicates less than 25% of its square footage to internet/sweepstakes activity after the expansion or relocation.

a. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet/Sweepstakes Cafés,, Pawn Shops and Tattoo Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within 500 feet of a preexisting religious institution, within 500 feet of a preexisting park, or within 2,500 feet of a preexisting educational institution. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent.

b. In addition to the distance requirements set forth in the subsection above, Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios shall not be allowed to open anywhere except in the I-1 district (with the exception of parcels having frontage on Park Avenue) where Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios are an expressly permitted use.

c. The aforementioned distance requirements are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations.

Proposed Change

Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted by right in the B-3, Highway Commercial zoning district and allowed by right within the I-1, Light Industrial zoning district. This section shall not apply to any existing Pawn Shops and Tattoo Parlors/Body Piercing Studios in compliance with Florida Statutes at the time of the passage of this ordinance. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will require to conform to the standards established herein. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date of passage of this ordinance. The following standards must be met in order for a Pawn Shop or Tattoo Parlor/Body Piercing Studio to operate in the B-3, Highway Commercial zoning district:

a. No Pawn Shop or Tattoo Parlors/Body Piercing Studios shall be located within 250 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within 250 feet of a preexisting religious institution, within 500 feet of a preexisting public park, or within 1,000 feet of an educational institution.

b. No Tattoo Parlors/Body Piercing Studios shall operate between the hours of 9:00pm and 8:00am. No Pawn Shop shall operate between the hours of 12:00 am and 6:00 am.

c. No part of the interior of the Pawn Shop or Tattoo Parlor/Body Piercing Studio shall be visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.

d. No more than one Tattoo Parlor/Body Piercing Studios or Pawn Shop may be located within 500 feet of another Tattoo Parlor/Body Piercing Studios or Pawn Shop.

WINDOW SIGNS:

Intent:

Numerous businesses throughout the City of Edgewater utilize window decals for advertisement. The City of Edgewater has not enforced the current regulation. Their have been no issues or code enforcement complaints received regarding the existing window decals being displayed. The intent of the new regulations is to allow for enforceable standards while allowing a majority of business owners with their existing window decals to become compliant.

Current Regulation within Article VI and Article XX

“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.”

Proposed Change

Window signs should be maintained properly. Window signs shall be painted vinyl, or decal only. Window signs may be allowed on windows facing rights-of-way. Window signs shall not exceed twenty five percent (25%) of front doors. Window Signs shall not exceed seventy-five percent (75%) of all windows facing rights-of-way. Promotional posters for civic events shall be permitted on windows and should not be included in the sign area calculation.

101 S Ridgewood Avenue

1000 S Ridgewood Avenue

1507 S Ridgewood Avenue

MURALS:

Intent

Within Article VI, murals are included a sign that does not need to be permitted, simply approved by the Development Services Director. Article XX does not speak to murals within the Ridgewood Design Corridor. Development Services opinion is that the current façade treatment standards would not allow for murals to be allowed for properties located within the Ridgewood Design Corridor. The new text amendment additions to Article XX will codify the process for property owners within the Ridgewood Design Corridor to apply and install murals on their buildings. The regulations were adapted from the City of New Smyrna Beach’s land development code. Staff have designed the regulations to ensure compliance with the Town Of Gilbert Supreme Court decision as to not regulate content.

Current Regulation within Article VI

Wall graphics/murals 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 per building. Works of art, such as murals approved by the Development Services Director, that do not include a commercial message, comply with the additional sign wind and sight visibility code and do not violate any design overlay standards as contained in the City Land Development Code.

Current Regulation within Article XX

None

Proposed Regulation within Article XX

Murals may be allowed subject to approval from Development Services.

a. A mural application, found within the Development Services Department is required. The mural application shall cost five-hundred ($500) dollars. The applicant must provide the following: Architectural Elevations for the entire building or building(s), the proposed image of the mural both within the Architectural Elevation and as a standalone image, the dimensions of the mural, materials and façade treatments.

b. Development services will review the application and notify applicants within thirty (30) days of submission if the Mural application is complete. If the Mural application is deemed incomplete, Development service’s staff shall notify the applicant requesting a resubmission. Once Development Services staff deems the application complete, the mural shall be administratively approved.

c. For Development Services to approve a mural, staff must make the following findings of facts:

i. The mural does not depict obscene or pornographic imagery.

ii. The mural is located within the B-3, Highway Commercial zoning district.

iii. The mural shall not constitute or create a traffic hazard through the use of neon or fluorescent color(s).

iv. The mural shall be limited to one façade and the mural shall not include letters, trademarks, logos, lights, moving lights or moving parts.

v. A mural located on the front façade may not occupy more than 50 percent (50%) of said wall and shall not exceed twelve (12) feet in height.

vi. A mural on a side façade shall not occupy more than 100 percent (100%) of a blank wall when the wall is below 16 feet in height. A mural on a side façade with a wall greater than sixteen (16) feet in height shall have murals limited to 50 percent (50%) of said wall. Murals may not exceed twenty four (24) feet in height.

vii. A mural may not be located on a rear façade wall.

viii. The mural shall be applied utilizing weather resistant paint or materials.

d. Should Development Services staff deny the mural application, the applicant may request to appeal the decision to City Council within fifteen business days of the denial. The applicant shall pay an additional two-hundred ($250) dollars to make an appeal before City Council.

FEATHER FLAGS:

Intent

Before the Ridgewood Corridor Design Standards, US-1, known as Ridgewood Avenue was inundated with signs. The intent of the Ridgewood Corridor Design Standards was to make the corridor more visually appealing to enhance development. Many businesses have found that Article XX is too restrictive and does not allow them to adequately advertise to support their business. Council directed staff to draft an amendment to the land development code to allow for more advertising for businesses throughout the City by allowing feather flags. The amendment to allow feather flags has been designed to accommodate the desire for more advertising while not regressing to the past which had cluttered display of signs throughout the City of Edgewater.

Summary

The new regulation will allow every business tax license or property owner within the Neighborhood Business (B-2), Highway Commercial (B-3), Tourist Commercial (B-4), Light Industrial (I-1), and Heavy Industrial (I-2) zoning districts the ability to utilize a feather flag for thirty (30) calendar days per quarter (3 months). Development Services with the help of our GIS administrator have divided the business tax licenses and property owners into zones. Development Services will only issue one-third (1/3) of the feather flag permits for each zone every thirty days.

Current Regulations Article XX

Signs that are prohibited in the Ridgewood Avenue Corridor include animated signs, billboards, off-site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures.

Proposed Regulations Article XX

Feather Flag signs, real estate signs and construction signs shall meet Land Development Code standards as set forth in Article VI.

Current Regulations Article VI

None

Proposed Regulations Article VI

a. Feather Flags will not be allowed to exceed a height of twelve (12) feet and a width of two and a half (2.5) feet measured from the top of the flag to the bottom of the base.

b. One (1) feather flag shall be permitted once per quarter for a duration of 30 calendar days for each entity with a business tax license or address within the approved zoning districts.

c. The City has established feather flag zones for each business tax license associated with each address to protect the aesthetics of the City. Each zone will allow a maximum of one-third (1/3) of the address’ or business tax licenses to have a feather flag during a 30 day calendar period per quarter.

d. The number of feather flag permits shall be issued on a first come, first serve basis. Applications received shall be stamped with the date and time. The City shall maintain a list of all applications and shall issue permits based upon the date of receipt throughout the quarter. The City shall publish a list of all permits including the date of receipt, the date the permit is issued, the date of expiration, and the 30 day period for which the permit will be issued. The list shall be located on the City of Edgewater’s website within the Development Services Department under Planning and Zoning. It shall be the business tax license permit holder’s responsibility or the property owner’s responsibility to check said list to ensure compliance with the permit date of issuance and expiration.

e. The feather flag permit application shall require the following information:

1. Business Tax License Number, Address of Business, Phone Number, Email, Zoning District, Feather Flag Zone, Plot Plan or Survey of the Placement of the Feather Flag on the Parcel, and an Image of the Feather Flag.

f. The City shall require a permit fee of one hundred dollars ($100) per quarter.

g. Feather flag(s) shall not be placed in the right-of-way, within or amongst shrubbery and trees within the landscape buffer, sight triangle, or as to obstruct pedestrian access or vehicular lines of sight. Feather flag(s) placed within landscaped areas of the property shall only be placed in sodded areas.

h. Feather flag(s) shall only be displayed during the hours of operation that the business is open and shall be taken down when the business is not in operation.

i. Feather flag(s) must be free-standing, and may not be affixed to any object, nor should any object be attached to said feather flag(s). In the event that a property does not have a landscape buffer or the property line immediately abuts the right-of-way, a feather flag may be installed on said property within one parking space. The feather flag shall be secured through the use of a base to prevent the feather flag from toppling over and creating a hazard.

j. Feather flag(s) shall be maintained in good condition. Good condition means that the feather flag(s) do not demonstrate fading of color, fraying of fabric, or damage.

k. Feather flag(s) shall only be permitted in the following zoning designations:

1. B-2, Neighborhood Business

2. B-3, Highway Commercial

3. B-4, Tourist Commercial

4. I-1, Light Industrial

5. I-2, Heavy Industrial

l. Feather flag(s) displayed without a feather flag permit or in violation of this Section shall result in code enforcement action. Feather flag(s) may be confiscated, at the owner’s expense, if placed in the right-of-way area. Feather flag(s) that are not in good condition shall result in code enforcement action. Three (3) repeated offenses shall result in the violator being prohibited from acquiring a feather flag permit for a period of one (1) calendar year.

Planning and Zoning Board:

The Planning and Zoning Board sent a favorable recommendation to City Council with five in support, none in opposition, and two absent.

RECOMMENDED ACTION

Motion to approve Ordinance 2024-O-10.