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976ORDINANCE 'NO. 4 96 AN ORDINANCE AMENDING ARTICLE IV, SECTION 400.01 OF ORDINANCE NO. 880 OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO NON- CONFORMING LOTS OF RECORD, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a recommendation of the Zoning Board of the City of Edgewater, Florida, was made to the City Council of the City of Edgewater, Florida, proposing a change in Article IV, Section 400.01, pertaining to non -conforming lots of record, and WHEREAS, a Public Hearing was held regarding a change to Section 400.01, Article IV of Ordinance No. 880 pertaining to non -conforming lots of record, and it was determined at the public hearing that Article IV, Section 400.01 of Ordinance 880 should be changed in accordance with the recommendation of the Zoning Board. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER FLORIDA: SECTION 1. That Article IV, Section 400.01 of Ordinance 880 of the City of Edgewater, Florida, is hereby amended to read as follows: 400.01 Non -Conforming Lots of Record: (a) In any district in which single-family dwellings are permitted, notwithstanding district dimensional requirements, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amend- ment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applic- able in the district, providing that yard dimensions and requirements other than those applying to area or width, or both of the lot shall conform to the regulations for the district in which such lot is located. If more than two lots or combinations of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements state- ments stated in this Ordinance. ADpp� (b) all new dwellings built upon non -conforming lots of record shall be placed upon such lots in accordance with the following requirements when adjacent dwellings have existed and have been listed on the tax rolls before July 1, 1974: 1. In subdivisions where dwellings have been placed on two lots, the new dwellings can be built on two or more lots. Similarly, where dwellings have been placed on single lots, the new dwellings can be placed on single lots. 2. New dwellings shall be placed so as to conform to the front set backs of existing dwellings on the same street. 3. The side set backs for new dwellings shall be 10% of the width of the lot, except that no such side set backs shall be less than five feet. 9. For pie -shaped lots, the side set back shall be 10% of the figure reached by adding the width of the front and back of lot together and dividing by two, except that no such side set back shall be less than five feet. SECTION 2. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions of the City of Edgewater, Florida, that are in conflict with this Ordinance, be and the same are hereby repealed._ SECTION 3. That the City of Edgewater, Florida, is hereby directed to advertise this Ordinance as required by law. SECTION 4. This Ordinance will become effective immediately upon its final passage as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at the meeting of said Council held on the day of 1977, and approved as provided by law. The second reading of said Ordinance to be at the meeting of the City Council to be held on the day of , 1977. Roll Call vote as follows: ATTEST: Metyor yor / Co cilwoman FIRST READING O Councilm C�dv Councklman SECOND READING 1 1• i I � 1 jrtIS Q day of r 1977. U mayor This Ordinance prepared by: Councilman Mayor Councilwoman Councilman Councilman Councilman JUDSON I. WOODS, JR., City Attorney