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97-O-10 .' I ...... ...." ORDINANCE NO. 97-0-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDGEW A TER, FLORIDA; AMENDING ARTICLE II (DEFINITIONS) BY ADDING A DEFINITION OF LIMITED AQUACULTURE; AMENDING SECTIONS 607.00 (1-1 LIGHT INDUSTRIAL DISTRICT), 607.01 (1-2 HEA VY INDUSTRIAL DISTRICT), 607.02 (1-3 HEAVY INDUSTRIAL DISTRICT) AND 607.03 (PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT) BY ADDING LIMITED AQUACULTURE AS A PERMITTED USE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edge water, Florida, has made the following determinations: 1. On May 28, 1997, the Land Development and Regulatory Agency held a public hearing to consider a request from Charles E. Wheaton to amend the Zoning Ordinance to add aquaculture as a permitted use in the 1-1 Light Industrial District. 2. By a vote of 6 to 0 the Land Development and Regulatory Agency recommended approval of amending the Zoning Ordinance by adding limited aquaculture as a permitted use in the 1-1 Light Industrial, 1-2 Heavy Industrial, 1-3 Heavy Industrial and the PID Planned Industrial Development Districts. 3. On June 16, 1997, and July 7, 1997, the City Council held public hearings to consider the request of the applicant and the recommendation of the Land Development and Regulatory Agency. 4. The City Council determined that it is in the best interests of the citizens of Edgewater that the Zoning Ordinance be amended to allow limited aquaculture as a permitted use in 1-1 Light Industrial, 1-2 Heavy Industrial, 1-3 Heavy Industrial and the PID Planned Industrial Development Districts. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. AMENDMENT OF ARTICLE II (DEFINITIONS) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA. Article II is amended as follows: Limited aquaculture: The cultivation. production and raising of the natural products of water including hatchery. nursery and maintenance of products in above ground tanks no larger than 10.000 gallons. Tanks shall meet the minimum requirements for setbacks on structures. Stmek thi"el:lgh passages are deleted. Underlined passages are added. 97-0-10 1 , '-' ~ PART B. AMENDMENT OF SECTION 607.00 (1-1 LIGHT INDUSTRIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA. Section 607.00 is amended as follows: Section 607.00 1-1 Light Industrial District. (b) Permitted uses: Limited aquaculture PART C. AMENDMENT OF SECTION 607.01 (1-2 HEAVY INDUSTRIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA. Section 607.01 is amended as follows: Section 607.01 1-2 Heavy Industrial District. (b) Permitted uses: Limited aquaculture PART D. AMENDMENT OF SECTION 607.02 (1-3 HEAVY INDUSTRIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA. Section 607.02 is amended as follows: Section 607.02 1-3 Heavy Industrial District. (b) Permitted uses: Limited Aquaculture PART E. AMENDMENT OF SECTION 607.03 (PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA. Section 607.03 is amended as follows: Section 607.03 PID Planned Industrial Development District. ( c) Permitted uses: Limited aquaculture PART F. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extend of such conflict. Struck through passages are deleted. Underlined passages are added. 97-0-10 2 .... ....., PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, 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, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. CODIFICATION. 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 accomplish such intention; provided, however, that Parts F through J shall not be codified. PART I. EFFECTIVE DATE This Ordinance shall take place upon adoption. PART J. ADOPTION After Motion by Councilman Hatfield and Second by Councilwoman Martine, the vote on the first reading of this ordinance held on June 16th, 1997, was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Danny K. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by Councilman Hays and Second by Councilman Mitchum the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sf. AYE Councilman Danny K. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE Struek through passages are deleted. Underlined passages are added. 97-0-10 3 PASSED AND DULY ADOPTED this 7" day of July, 1997. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Jack H. Hay n,�Sr. Mayor APPROVED FOR FORM AND CORRECTNESS: Krista A.A. Storey City Attorney Skaek thfaugk passages are deleted. Underlined passages are added. 97-0-10