ORDINANCE NO. WHEREAS

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF DEBARY, FLORIDA, AMENDING THE CITY OF DEBARY LAND DEVELOPMENT CODE AMENDING CHAPTER 1 SECTION 1-3 CONCERNING HEDGE DEFINITION; CHAPTER 2 SECTION 2-5 CONCERNING TRAFFIC IMPACT ANALYSIS METHODOLOGY; AMENDING CHAPTER 5, ARTICLE III, SECTION 5-61 CONCERNING FENCE REGULATION; AND AMENDING CHAPTER 30, ARTICLE II, SECTION CONCERNING DECLARATION OF NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, F.S mandates that all land development regulations enacted or amended shall be consistent with the adopted City of DeBary Comprehensive Plan; and WHEREAS, the intent of F.S is that the adopted Comprehensive Plan shall be implemented in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within the City of DeBary. WHEREAS, on September 5, 2007, the City of DeBary enacted the Land Development Code for the City of DeBary pursuant to Ordinance No to codify all adopted amendments, as well as revise the original reference documents to refer to the City and its organization, and since adoption such Land Development Code has been amended from time to time; and WHEREAS, the City Council desires to amend the Land Development Code as set forth in this Ordinance in order to make the development review process more efficient and less burdensome; and WHEREAS, the City Council desires to clarify and adopt Volusia County Metropolitan Planning Organization traffic impact analysis standards in concurrency management; and WHEREAS, the City Council hereby determines that the amendments to the Land Development Code as set forth in this Ordinance are consistent with the City of DeBary Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of DeBary; and WHEREAS, this Ordinance has been advertised as required by Chapters 163 & 166, Florida Statutes, and the required public meetings have been held by the City Council acting as both the local governing body and the City s Local Planning Agency.

2 IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS FOLLOWS: SECTION 1. Recitals. The City Council hereby ratifies, approves, and adopts all of the preceding Whereas clauses, which constitute the legislative findings of the City Council. SECTION 2. Adoption of Land Development Code Amendment. Chapter 1, Section 1-3; and Chapter 3 Section 3-81(a); Chapter 5, Section 5-62; Chapter 30, Section 30-31; and Chapter 2 Section 2-5 of the City of DeBary Land Development Code are hereby amended in accordance with the amendments set forth in Exhibit A attached hereto and incorporated herein by this reference (words that are stricken out are deletions; words that are underlined are additions; provisions not referenced are not being modified). SECTION 3. Conflicts. This Ordinance shall control over any other ordinances or parts of ordinances in conflict herewith. SECTION 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, paragraph, sentence, word, clause, or phrase of this Ordinance or the application thereto to any person or in any circumstance is held invalid, illegal, void, or unconstitutional, then such invalidity or determination shall not affect other sections, words, or application of this Ordinance. If any part of this Ordinance is found or determined to be preempted or otherwise superseded by appropriate federal or Florida law, then the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 5. Codification. It is the intention of the City Council and it is hereby ordained that Section 2 of this Ordinance shall become and be made a part of the City Code of Ordinances, and the City staff is directed to cause the codification of the amendments set forth herein. The provisions of this Ordinance may be renumbered or relettered to accomplish such intention, and the word Ordinance may be changed to Section, Article, or other appropriate word. The City Clerk is given liberal authority to correct scriveners errors, such as incorrect code cross-references, typographical, and similar or like errors when codifying this Ordinance.

3 SECTION 6. Effective Date. This Ordinance shall take effect immediately upon its adoption. First reading and public hearing was held on the day of, Second reading, public hearing, and adoption was held on the day of, CITY OF DEBARY CITY COUNCIL ATTEST: Warren Graham, Acting City Clerk Lita Handy-Peters, Interim Mayor

4 EXHIBIT A Chapter 1 GENERAL PROVISIONS Section 1-3 Definitions and Rules of Construction Hedge Any group of shrubs planted in line or in groups that forms a compact, dense, living barrier that protects, shields, separates, or demarcates an area from view. *All other provisions remain the same * * * Chapter 2 PROCEDURES Section 2-5 Concurrency Management System (a) General provisions. (1) The purpose of the concurrency management system is to meet the legal requirement that no development be permitted unless the public facilities necessary to support the development are in place with adequate capacity to serve the development or will be in place when needed by the development. (2) It is the intent of this Code that the provisions of this section will not be applied in such a way as to deprive the owner of property from the reasonable beneficial use thereof. (b) Procedure for designating nondevelopment areas. (1) At the time of his presentation of the proposed annual budget and annual capital budget, the City Manager shall report to the City Council any existing or projected deficiencies in level of service standards for necessary facilities as designated in state law and in the Comprehensive Plan. (2) If a provision is not added to the annual capital budget to remove the deficiency, the area affected will be designated by an overlay on the zoning map as a "nondevelopment area." The procedure for such designation shall be the same as for any other amendment to the zoning map. (3) Designation as a nondevelopment area shall be effective during the fiscal year and shall expire at the end of the fiscal year. If the condition persists during the subsequent fiscal year, the nondevelopment area shall be redesignated in the same manner. (c) Regulations applicable within nondevelopment areas. (1) No permit for construction will be issued within any designated nondevelopment area, except as follows:

5 a. Permits for nonresidential construction may be issued if the nondevelopment status of an area is exclusively attributable to deficiency of recreation facilities serving the area. b. Permits may be issued for construction if a project to remove the identified deficiency is included in the annual capital budget and the project has received all appropriate permits for construction. c. Permits for construction of infrastructure or of any facility or use that will not increase existing deficiencies may be issued. (2) The City Council may provide that a permit may be issued where failure to allow development will deny the owner any reasonable beneficial use of his property. In such case, the City Council will consider any modification or reduction of the size of the project or other techniques necessary to mitigate additional demand on deficient facilities. (3) Permits may be issued for construction within an approved Planned Unit Development (PUD) consistent with the development plan (including the development timetable). Any substantial modification of a PUD will be reviewed to determine whether the change affects demand on facilities, and may only be approved in a nondevelopment area if there is no change or no increase in the demand on deficient facilities. (d) Determination and offsetting of impact on public services and facilities of the City. (1) Procedure. During the review of a preliminary plat or final site plan for a development order, a determination will be made by the City according to policies set out in the Comprehensive Plan and this Code as to the environmental, physical and fiscal impact of the development on the public services and facilities of the City as set forth in this section and the measures necessary to offset said impacts. a. The determination of impact will use the best available information and will be based upon the maximum impact of the proposed development as generated from the submitted application for a development order. The applicant is encouraged to provide any information in addition to required submittals that will assist in more accurately determining impact. b. The measures necessary to offset the impact of the proposed development shall be as set out in this section. (2) Availability of the stormwater management system. The proposed development shall be designed to provide for the construction and maintenance of a stormwater management system, which conforms to the standards of division 7, article II of chapter 4, the Comprehensive Plan, and any other governmental agency having jurisdiction over the area. (3) Availability of the potable water system. The availability and capacity of the potable water system shall be as provided in this Code.

6 (4) Availability of the sanitary sewer system. The availability and capacity of the sanitary sewer system shall be as provided in this Code. (5) Tree protection measures. The existing trees and tree coverage of a proposed development shall be adequately maintained and protected through consideration, to the maximum extent possible, of the standards and requirements of article IV of chapter 5 (6) School system sites in new residential development. In order to provide for lands to be used to meet the need for school sites created by new residential development, a developer may dedicate land to the county school board of suitable size, dimension, soil type, topography and general character to meet the need for school sites created by the development. (7) Availability of solid waste facilities. The availability and capacity of solid waste facilities shall be as provided in this Code. (8) Traffic Impact Analysis Methodology and Requirements. The City hereby adopts, as an administrative requirement, the submission of a traffic impact analysis for those development applications which are subject to concurrency review. The administrative rule relating to the required submission, which is hereby adopted as reference as fully set forth herein, as the same may be amended from time-to-time, is the document entitled Transportation Impact Analysis (TIA) Guidelines For Development Applications Requiring a TIA in Volusia County, Florida, Dated May as approved by the Volusia County Metropolitan Planning Organization. The applicant for all development applications subject to concurrency review shall submit a traffic impact analysis using the aforementioned and most current version of the TIA Guidelines. a. Thresholds for traffic impact analysis report. A transportation impact analysis report shall be required, unless waived by the City Traffic Engineer, for any use which, according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the Florida Department of Transportation or rates documented by study and agreed to prior to use by the City Traffic Engineer, will generate in excess of 1,000 trips per day. b. The applicant submitting the TIA for City approval shall adhere to and be responsible for the provision of all notification requirements, and those associated costs, as specified within the adopted TIA and City development standards. *All other provisions remain the same * * *

7 Chapter 5 ADDITIONAL LAND DEVELOPMENT STANDARDS ARTICLE III. FENCES AND WALLS Sec Height and Location (a) Except to the extent specifically provided otherwise, fences, walls, and hedges shall be permitted in any required yard. (b) Any fence with barbed wire must be set back at least three feet from the right-of way. (c) Solid face fences, wire fences, and walls in residential districts, shall not exceed four feet in height along and between the front lot line and the front building line and shall not exceed six feet in height elsewhere on the lot. Fences more than four feet in height shall be located at the building line (in-line with the building frontage) within the front yard. For corner lots, a six-foot-high fence or wall may be constructed on one of the two front lot lines behind the building frontage of a dwelling unit, and shall not extend into the frontage abutting the entrance to the principal structure. (d) Wire fences in industrial districts shall not exceed eight feet in height. All other fences in nonresidential district shall not exceed six feet in height. (e) Hedges shall not exceed four feet in height along and between the front lot line and the front building line, and shall not exceed six feet in height elsewhere on the lot. On lots smaller than one acre, hedges shall not exceed four feet in height along and between the front lot line and the front building line, running parallel to the front plane of the home. Hedges running perpendicular to the front plane of the home (for example, down the side lot line) are permitted. In no case shall a hedge block the line-of-site for automobile operation such as blocking the view from a driveway or sidewalk. (f) Hedges, fences, or any other screening structure shall not obstruct visibility or detract from the entrance of the principle structure. (g) Shrubs or other plant material that exceed four feet in height shall not fully enclose, without any breaks, the perimeter of any property, along and between the front lot line and the front building line. (f) (h) Fences or walls along multifamily or nonresidential property perimeters adjacent to p ublic rights-ofway or residential land uses shall be set behind any required landscape or buffer yard area. Where the perimeter is not adjacent to such uses, the fence or wall may be placed on the property line and tree planters with accent plantings shall be placed adjacent to the inside of the fence or wall. (g)(i) Additional restrictions on the height or location of fences, walls, or hedges may be imposed where necessary for purposes of traffic safety. (h)(j) Estate gates shall be permitted to be a maximum of seven feet in height for residential lots zoned R-1 (Urban Single Family Residential) located on Ft. Florida Road and for residential lots in agricultural zoning districts and rural residential zoning classifications: RR (Rural Residential) RA (Rural Estate). Swing gates shall open inward towards private property and shall not encroach into the right-of-way. *All other provisions remain the same * * *

8 Chapter 30 ENVIRONMENT ARTICLE III. PROPERTY MAINTENANCE Sec Declaration of Nuisance It is hereby declared and determined by the city council that the following shall each individually or in any combination be considered a nuisance when they exist upon any lot, lots or adjacent lots, as the case may be, in the city: (1) Nuisance weeds, excluding trees, shrubs and saw palmetto, where the greater portion of the weeds on the lot exceeds ten inches in height, which impair the economic welfare of property, contribute to a fire hazard and/or create a health hazard when any part of said growths are located on any lot adjacent to the boundary of any developed lot. (2) Accumulations of waste, yard trash, or rubble and debris. (3) Accumulations of waste, yard trash, or rubble and debris that may harbor rats or snakes or that may contain pools of water that may serve as breeding grounds for insects or other disease vectors. (4) Tree(s) within 100 feet of improved property if by reason of height, proximity to neighboring structures, or and physical condition might cause damage to life or property within the immediate area. *All other provisions remain the same * * *