2010-O-09ORDINANCE NO.2010-0-09
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA PROVIDING FOR A PROPOSED AMENDMENT
TO SECTION 1.01(a)(1) OF THE CITY CHARTER;
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 (2009), 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) of the City Charter currently provides for a building height
restriction of thirty-five (35) feet, except for Business/Commercial, Public/Semi-Public or
Industrial buildings ("Charter Building Height Restriction"); 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) should be amended
so that the Charter Building Height Restriction is only applicable to buildings east of the
centerline of US Highway I.
CODING: words underlined are additions; words s4isken are deletions.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
SECTION 1. PROPOSED CHARTER AMENDMENT
Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City
of Edgewater electors in favor of such an amendment, to read as follows:
Sec. 1.01. General powers.
The city shall have all governmental, corporate and proprietary powers to enable it to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes except as otherwise provided by law.
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(a)(1) In order to further protect the public health, safety, general welfare, and
aesthetics, no new building height east of the centerline of US Highway 1, shall
exceed 35 feet, nor shall any existing building., east of the centerline of US
Highway 1, be altered to cause it to exceed a building height of 35 feet.
(2) The building height restrictions contained in Section 1.01(a)(1) shall not
apply to Business/Commercial, Public/Semi-Public or Industrial buildings,
including, but not limited to, retail stores, fire and police stations, hospitals and
manufacturing facilities. The 35-foot height restriction shall apply to residential
buildings such as condominiums.
(b) Building height means the vertical distance from the elevation of the crown 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, water
tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned
Unit Developments on or before the effective date of this amendment, may be completed,
repaired or rebuilt to a height not to exceed the previously existing 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 owner's vested rights under
constitutional, statutory or common law. If it is determined by a court of competent jurisdiction
that a landowner has vested rights, the landowner can elect to proceed with 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
section 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:
"Amending City Charter as to Building Height Restrictions.
The City Charter currently provides for a building height restriction of thirty-five
(35) feet, except for Business/Commercial, Public/Semi-Public or Industrial
buildings. This Charter amendment limits the applicability of the City Charter
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building height restriction of thirty-five (35) feet to buildings east of the centerline
of US Highway 1.
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
schedule general election, November 2, 2010, 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 (5`") week prior to the election, and the second
publication to be in the third (P) 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 Volusia
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 Volusia County is hereby authorized and requested to
famish 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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SECTION 7. INCLUSION IN THE CHARTER
It is the intention of the City Council, and it is hereby ordained that the provisions of
Sections 1 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.
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SECTION 11. ADOPTION
After Motion to approve by Councilman Cooper and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on April 19, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas R
Councilman Debra J. Rogers x
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
Another Motion was made by Councilman Cooper with second by Councilwoman
Bennington to modify 35' height in effect west of US Highway #1 (centerline of US #1) with
votes as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes ABSENT
Councilman Ted Cooper X
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a
This Ordinance was considered for an additional first reading during the May 17, 2010
Council meeting due to the modifications previously approved by Council. After Motion to
approve by Councilwoman Rogers and Second by Councilwoman Rhodes, the vote on the
additional first reading of this ordinance held on May 17, 2010 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper ABSENT
During the public hearing (2nd reading) held on June 21, 2010, a Motion to approve was
made with second by(a%,n ,Imn Cooper , the vote on this public
hearing was as following:
AYE NAY
Mayor Mike Thomas x—
Councilman Debra J. Rogers x
Councilwoman Gigi Bennington Y,
Councilwoman Harriet B. Rhodes _A
Councilman Ted Cooper X
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C
PASSED AND DULY ADOPTED this 21st day of June, 2010.
ATTEST:
Bonnie Wenzel
CITY COUNCIL OF THE
CITY OF ED TE FLORIDA
B : J,t
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance onlv by the City of I ADDIoved by the Citv Council of the Citv of
Edgewater, Florida. Approved as to form and I Edgewater at a meeting held on this 21 st day of
legality by: Carolyn S. Ansay, Esquire June, 2010 under Agenda Item No. 8g`.
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
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