2008-O-08
ORDINANCE NO. 2008-0-08
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA PROVIDING FOR AMENDMENT OF THE CITY
CHARTER BY DELETING SECTION 1.01(a)(I);
PROVIDING FOR REVISION OF THE CHARTER;
PROVIDING FOR SUBMISSION TO THE ELECTORS FOR
APPROVAL OR DISAPPROVAL OF THE PROPOSED
CHARTER AMENDMENT SET FORTH HEREIN;
PROVIDING FOR REQUISITE BALLOT LANGUAGE;
PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING PROCEDURES FOR BALLOTING;
PROVIDING FOR NOTICE OF ELECTION; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 166.031(1), Florida Statutes (2007), requires, with
certain limited exception, the governing body of a municipality to, by ordinance,
submit any proposed amendment to its charter to the electors of the municipality at
a general or special election; and
WHEREAS, Section 1.01(a)(1) of the City Charter provides for a city-wide
height restriction; and
WHEREAS, The City of Edgewater Land Development Code presently
provides for building height restrictions according to zoning district; and
WHEREAS, the Charter Review Commission of the City of Edgewater,
Florida has proposed a change to the City Charter as more fully described herein;
and
WHEREAS, the City Council of the City of Edgewater, Florida (the "City
Council") desires to submit to its citizens for consideration whether Section
1.01(a)(1), providing a city-wide building height restriction, should be stricken and
deleted in its entirety from the City Charter.
CODING: words underlined are additions; words stricken are deletions.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
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Underlined passages are added.
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SECTION 1.
PROPOSED CHARTER AMENDMENT
Section 1.01(a)(1) of the City Charter be stricken and deleted in its entirety, upon a vote
of a majority of the City of Edgewater electors in favor of such an amendment, to read as
follows:
See. 1.01(0)(1).
(a) In order to further protect the public health, safety, general \velfare, and aesthetics, no
new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to
exceed a building height of 3 5 feet.
(b) Building height means the vertical distance from the elevation of the cro'Nn of the
road of the nearest adjacent roadway at the center of the front of the building to the highest point
of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between
eaves and ridge for hip, gable and gambrel roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, '.'later
tanks, fire towers, cooling to'.vers, ventilators, chimneys, radio and television towers, elevator
hoistwuys, not intended for human occupancy.
(d) Buildings in eKistencc or with approved construction permits or adoptcd Planned
Unit Developments on or before the effective datc of this amendment, may be completed,
repaired or rebuilt to a height not to eKceed the previously eKisting height, within the same
building footprint, subject to any other applicable state, federal or local laws. The height limits
are not intended to restrict or otherwise adversely affect a property ovmer's vested rights under
constitutional, statutory or common Imv. If it is determined by a court of competent jurisdiction
that a landowner has vested rights, the landovmer can elect to proceed ","ith development under
the Land Development Code in effect on the date of the adoption of this amendment.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This
~~~~ becomes effective upon adoption. This amendment shall become effective immediately
upon approval by the electors.
SECTION 2. FORM OF BALLOT RELATED TO SECTION 1
The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance
shall be, as follows:
"Deletion of Thirty-Five Foot Building Height Restriction from City Charter
Section 1.01 (a)(1) of the City Charter provides for a city-wide building height
restriction of thirty-five (35) feet. The City Land Development Code provides for
Struok through passages are deleted.
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2008-0-08
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certain building height restrictions according to zoning category. This Charter
amendment deletes the city-wide building height restriction from the City Charter.
Shall the above-described Charter amendment be adopted?
Yes - For Amendment
No - Against Amendment"
SECTION 3. REFERENDUM ELECTION
A referendum election is hereby called and scheduled at the time of the next regularly
scheduled general election, November 4, 2008, to determine whether the ballot question
appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in
which qualified electors residing in the City shall participate. Such referendum election shall be
held and conducted in the manner prescribed by law. The places for voting in such referendum
election shall be such locations as are established for all City elections. All duly qualified
electors of the City of Edgewater shall be entitled to participate in said election.
SECTION 4. NOTICE OF REFERENDUM ELECTION
Notice of said election shall be published in accordance with Section 100.342, Florida
Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to
said election, the first publication to be in the fifth (5th) week prior to the election, and the second
publication to be in the third (3rd) week prior to the election, and shall be substantially in the
form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this
Ordinance shall be made available for public inspection during regular business hours at the City
Hall.
SECTION 5. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES
The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia
County, is hereby authorized to take all appropriate actions necessary to carry into effect and
accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for
early voting as authorized by law.
SECTION 6. VOTER REGISTRATION BOOKS
The Supervisor of Elections for V olusia County is hereby authorized and requested to
furnish to the inspectors and clerks at each place where the votes are to be cast in such City
Charter referendum, applicable portions of the registration books or certified copies thereof
showing the names of the qualified electors residing in the City of Edgewater.
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2008-0-08
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SECTION 7. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of
Sections I of this Ordinance shall become and be made a part of the Charter of the City of
Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters
voting on such measure in such election; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; that the word "Ordinance" may be changed to
"Section" or other appropriate word.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption. The proposed City
Charter Amendment described in Section 1, above, shall only be effective if a majority of the
qualified electors of the City of Edgewater voting at the general election vote for its adoption and
shall be considered adopted and effective upon certification of the election results as provided
herein.
SECTION 9. CONFLICTING ORDINANCES
All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 10. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, that holding in no way affects the
remaining portions of this Ordinance.
SECTION 11. ADOPTION
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on June 16, 2008, was as follows:
AYE
NAY
Mayor Mike Thomas
---X
Councilwoman Debra 1. Rogers
---X
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
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Second reading of this ordinance was initially scheduled for July 21, 2008. However,
during the June 16, 2008 Council meeting, Council voted to re-schedule the July 2 I, 2008 City
Council meeting to July 28,2008.
During the July 28, 2008 City Council meeting, with a motion by Councilwoman Rhodes
and second by Councilman Cooper, Council voted to continue this ordinance until the August 18,
2008 meeting.
After Motion to approve by Councilwoman Bennington and Second by Councilwoman
Rhodes, the vote on the second reading of this ordinance held on August 18, 2008 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra 1. Rogers ---X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
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-
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PASSED AND DULY ADOPTED this ~ day of
,2008.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
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Robin L. atusick
Paralegal
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of August, 2008 under Agenda Item No.
1e .
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