9974�� ORDINANCE NO.
�il AN ORDINANCE AMENDING ORDINANCE 980 ® ARTICLE III, SECTION 304.00, PERTAINING
TO PERMITTED USES; REPEALING ALL
ORDINANCES OR RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. That Ordinance 880, Article III, Section 304.00 is hereby amended
as follows:
Section 304.00 Uses by Right
Uses not designed as permitted by right or subject to additional conditions in
a district shall be prohibited from that district except as provided hereafter. Special
exceptions are permitted subject to additional regulations imposed. The special
exceptions may be approved only by the Board of Adjustments following proper
application as described in Article X, Section 1001. Uses and businesses not specifically
classified or named in this Ordinance shall be classified in the category most closely
resembling such business or use by the following method:
Whenever an application is made for an occupational license or building permit or
use of property not specifically named in this Ordinance, such application shall be submitted
to the Zoning Board, which Board shall promptly recommend to the City Council
whether such proposed use or business should be permitted in the particular zoning
district where the use or business is being requested, and, thereupon the City Council
shall pass an Ordinance with all proper dispatch classifying such business or use as
determined by the City Council, taking into consideration the recommendations of the
Zoning Board, but the judgment of the City Council, as determined by such Ordinance,
shall be controlling.
The Zoning Board, in addition to making findings that the proposed business or
use shall be in oonformity with the honing Ordinance, shall also make written findings to
be submitted to the City Council that determine that the following are fulfilled:
(a) The requested use will not impair the character of the surroundings or
adjoining districts, nor be detrimental to the public health, morals,or welfare;
(b) The requested use will be in conformity with the land use plan;
(c) Adequate utilities, parking, access roads, drainage, sanitation, and/or
other necessary facilities have been or are being provided;
(d) The proposed use will not increase traffic congestion.
If the City Council or Zoning Board approves a use or business not specifically
classified in this Ordinance, then the City Council or Zoning Board may attach such
conditions thereto as may be necessary to accomplish the objectives set forth:
(a) Such conditions may include a time limitation.
(b) Conditions may be imposed which require that one or more things be done
before the use requested can be initiated.
(c) Conditions of a continuing nature may be imposed.
Section 2. That all Ordinances or parts of Ordinances and all Resolutions or
parts of Resolutions in conflict herewith be and the same are hereby rescinded.
Section 3. This Ordinance shall take effect immediately upon its adoption by the
City Council and approval as provided by law.
Section 4. That the City Clerk is hereby directed to advertise this Ordinance
as required by law.
ADOPTED
997
The first reading of the above Ordinance is read in full and passed by vote
of the City Council of the City of Edgewater, Florida, at a regular meeting of said
Council held on the 19th day of December, 1977 and approved as provided by law.
The second reading of the said Ordinance to be at a meeting
of the City Council to be held on theqtLday of 19 2 e.
Roll Call vote being as follows: ,
ATTEST:
FIRST READING
SECOND READING
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This Ordinance prepared by:
JUDSON I. WOODS, JR. , City Attorney