88-O-19ORDINANCE NO. 88-0-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE -
WATER, FLORIDA, AMENDING SECTION 903.00 "GRANTING
SPECIAL EXCEPTIONS" AND SECTION 904.01 "CRITERIA FOR
GRANTING A VARIANCE" OF THE CODE OF ORDINANCES OF THE
CITY OF EDGEWATER, FLORIDA BY REWORDING SAID CRITERIA;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Land Development and Regulatory Agency of the
City of Edgewater, Florida, at their regular meeting of June 9,
1988, recommended changes regarding variance and special
exception criteria, and,
WHEREAS, the City Council of the City of Edgewater,
Florida, at their regular meeting of July 18, 1988, considered
these recommendations and instructed the City Attorney to prepare
an Ordinance on the subject.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. Appendix A, Zoning, Section 903.00 of the Code
of Ordinances of the City of Edgewater, Florida, is hereby
amended as follows:*
Section 903.00 - Granting special exceptions.
Before a special exception is granted the beard of
adjustment Land Development and Regulatory Agency shall make
written findings that the specific provisions of Articles VI, VII
and VII are fulfilled with due regard to the nature of all
adjacent structures and uses, the district within which same is
located, and the land use plan. The beard of adjustment Land
Development and Regulatory Agency shall also make written
findings that determine that the following general provisions are
fulfilled:
Ea} The use requested is listed among the speeial
exeeptions in the distriet for whieh applieatien is made-
Eb+ The requested use will net impair the ehareeter of the
surrounding at adjoining distriets; ner be detrimental to the
publie health; merals; er welfare;
*Deleted language has been lined through and new language
underscored.
Ee3 The requested use will be in conformity with the land
use plan!
fd3 Adequate utiiitieaT aeeess reads; drainage= aanitatienT
andfer ether necessary €aeilities have been or are being
Provided-, and
Ee3 The proposed use will net increase traffic
eengestien-
(a) Is the requested use listed among the special
exceptions in the district for which application is being made?
Yes or No
(b) Will the requested use impair the character of the
surrounding or adioininc districts or be detrimental to the
public health, morals or welfare?
Yes
or
No
(c)
Will
the
requested
use
be
in conformity
with
the
land
use plan?
Yes or No
(d) Are adequate utilities, access roads, drainage,
sanitation, and/or other necessary facilities available, or being
provided for?
Yes or No
(e) Will the proposed use increase traffic congestion? (to
any great extent)
Yes or No
SECTION 2. Appendix A, Zoning, Section 904.01 of the
Code of Ordinances of the City of Edgewater, Florida, is hereby
amended as follows:*
Section 904.01 - Criteria for granting a variance: Before
any variance is granted, the heard of adjustment Land
Development and Regulatory Agency must find all the following
criteria are met:
+ai Special eireumstanees exist which are peculiar to the
epp�ieantis land-, structure er building and de not generally
apply to the neighboring lands-, struetureS7 or buildings in the
same district er vieinity7
4b3 Strict application of the previsions of this ordinance
2 Ord. 88-0-19
would deprive the applieant of reasonable rights eemmenly
applieable to ether properties in the same distriet7
Ee3 The speeial eireumsbanees and eonditions de net result
from the aetiens of the applieant-
Ed3 That granting of the varianee will net eases
substantial detriment to the publie welfare or impair the
purposes and intent of this erdinanee-
Ee3 That granting of thevarianee will net eenstitate a
grant of speeial privilege; that is denied by this erdinanee to
ether lands7 strueture97 or buildings in the same dlstriet-
(a) Are there special circumstances existing that are
peculiar to the applicant's land, structure, or building that do
not generally apply to the neighboring district or vicinity?
Yes or No
(b) Will strict application of the provision of this
ordinance deprive the applicant of reasonable rights commonly
applicable to other properties in the same district?
Yes or No
(c) Do the special circumstances and conditions result from
the actions of the applicant?
Yes or No
(d) Will the granting of a variance cause substantial
detriment to the public welfare or impair the purposes and intent
of this ordinance?
(e) Will the granting of this variance constitute a grant
of special privilege that is denied by this ordinance to other
lands, structures, or buildings in the same district?
Yes or No
SECTION 3. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 4. 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 5. This Ordinance shall take effect immediately
3 Ord. 88-0-19
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Prater
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a regular meeting of
said Council held on the 1st day of August , 1988.
The second reading of this Ordinance to be at a regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 15th day of August , 1988.
ROLL CALL VOTE ON ORDINANCE NO. 8 - -19
Mayor
Excused
cilman-Zone ne u"
o ncilman-Lone Tv
Counc' an-Z Thn(
Councilman -Zone Four
SECOND READING:
Mayor
Councilman -Zone One
Councilman -Zone Two
Councilman -Zone Three
Councilman -Zone Four
ATTEST:
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
1988.
This Ordinance prepared by:
City Attorney
4 Ord. 88-0-19