2008-O-02
ORDINANCE NO. 2008-0-02
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA AMENDING CHAPTER 21, ARTICLES II
(DEFINITIONS), III (PERMITTED, CONDITIONAL,
ACCESSORY, AND PROHIBITED USES), IV (RESOURCE
PROTECTION ST ANDARDS), V (SITE DESIGN
CRITERIA), VIII (ADMINISTRATION), IX (APPLICATION
PROCEDURES), XVII (DEVELOPMENT/IMPACT FEES)
AND XIX (ADULT ENTERTAINMENT REGULATIONS)
OF THE LAND DEVELOPMENT CODE TO REFLECT
THAT OCCUPATIONAL LICENSES ARE NOW BUSINESS
TAX RECEIPTS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 205 (Local Business Taxes) of the Florida Statutes was modified in 2007
which reflects that occupational licenses are now known as business tax receipts.
2. Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development of land in the City.
3. On September 11, 2006, City Council adopted Chapter 21, known as the Land
Development Code.
4. The City Council desires to amend the Land Development Code for consistency
with Florida Statutes as it relates to local business taxes.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
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2008-0-02
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
MODIFYING ARTICLES II (DEFINITIONS), III
(PERMITTED, CONDITIONAL, ACCESSORY, AND
PROHIBITED USES), IV (RESOURCE PROTECTION
STANDARDS), V (SITE DESIGN CRITERIA), VIII
(ADMINISTRATION), IX (APPLICATION PROCEDURES),
XVII (DEVELOPMENTIIMPACT FEES) AND XIX (ADULT
ENTERTAINMENT REGULATIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by modifying Articles II (Definitions), III (Permitted, Conditional, Accessory, and
Prohibited Uses), IV (Resource Protection Standards), V (Site Design Criteria), VIII
(Administration), IX (Application Procedures), XVII (Development/Impact Fees) & XIX (Adult
Entertainment Regulations) as set forth in Exhibits "A" through "H" which are attached hereto
and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
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2008-0-02
2
PART D.
CODIFICA TION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2008-0-02
3
PART F.
ADOPTION.
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 Rogers and Second by Councilwoman
Rhodes, the vote on the first reading of this ordinance held on August 18, 2008, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
After Motion to approve by t flUI'; I roo 0 r l'fl~C and Second by r (), e, i I" 10",0 ~ R :S11<<,
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
X
'I.
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
x
,
A bsen-t
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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'X
2008-0-02
4
PASSED AND DULY ADOPTED this 8th day of September, 2008.
ATTEST:
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Bonnie Wenzel..t"" .:. < /\. '~
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City Clerk].. , ';(' J
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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
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2008-0-02
5
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORI
~~~~l't"k..)
Rofjin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day
of September, 2008 under Agenda Item No.
JcL.