97-O-11
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ORDINANCE NO. 97-0-11
DENIED
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW A TER, FLORIDA;
AMENDING THE ZONING ORDINANCE; AMENDING ARTICLE II
(DEFINITIONS) BY ADDING THE DEFINITION OF BED AND
BREAKFAST ESTABLISHMENTS; AMENDING SECTIONS 602.01 (R-l
SINGLE-FAMILY RESIDENTIAL DISTRICT), 602.02 (R-IA SINGLE-
FAMILY RESIDENTIAL DISTRICT) AND 606.02 (B-3 HIGHWAY SERVICE
BUSINESS DISTRICT) BY ADDING BED AND BREAKFAST
ESTABLISHMENTS AS A CONDITIONAL USE PROVIDED CERTAIN
ESTABLISHED CRITERIA ARE MET; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION.
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 Frances D. Todd to amend the Zoning Ordinance by adding bed and breakfast
establishments as a permitted use for parcels of at least one acre in size in the R-1A Single Family
Residential District.
2. By a vote of 5 to 0 the Land Development and Regulatory Agency recommended approval
of amending the Zoning Ordinance by adding bed and breakfast establishments as a conditional use
in the R-1 and R-1A Single Family Residential Districts and the B-3 Highway Commercial Business
District provided certain criteria are met.
3. On June 16, 1997, the City Council held a public hearing to consider the request of the
applicant and the recommendation of the Land Development and Regulatory Agency.
4. The City Council determined that bed and breakfast establishments were not an appropriate
land use along Riverside Drive.
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:
Bed and breakfast establishments: a building. or majority of a building. not including a hotel.
moteL lodge. or inn where sleeping accommodations and meals are provided for lodgers for
a daily charge and which also serve as the residence of the owner or manager.
struck through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
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PART B. AMENDMENT OF SECTION 602.01 (R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF
EDGEW A TER, FLORIDA.
Section 602.01 is amended as follows:
Section 602.01 R-1 Single-Family Residential District.
(c) Special exceptions Conditional Uses:
@ Bed and breakfast establishments provided the following criteria are met:
a. The owner or manager must live on the premises.
b. Separate toilet and bathing facilities for the exclusive use of guests must be
provided.
.9..:. Rentals shall be on a daily basis. The maximum stay for an individual guest
shall be thirty (30) days in a twelve (12) month period.
d. Cooking shall be for overnight guests and residents only. No cooking
facilities shall be allowed in guestrooms.
e. Hired receptions or parties are not permitted.
f. Bed and breakfast establishments must meet all applicable building and
technical codes and obtain the appropriate health permits and business and
occupational licenses. including but not limited to a license from the Division
of Hotels and Restaurants applicable to such use.
&. In addition to the parking required for the residence. one (1) parking space
shall be provided for each guestroom. These parking spaces may be provided
in a typical residential fashion in a garage. carport or driveway without the
need for striping.
h. Bed and breakfast establishments may erect one (1) wood pole or wooden
low profile sign not exceeding ten (10) square feet in total sign area. These
signs must be in conformance with Chapter 12 of the Land Development
Code.
h The maximum number of guestrooms shall be determined by the gross floor
struck through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
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area of the principal building as follows:
Gross Floor Area
Maximum Number
of Guestrooms
Less than 1.200 sq. ft.
1
1.200 - 1.800 sq. ft.
2
1.801 - 2.400 sq. ft.
J
2.401 - 3.000 sq. ft.
1
3.001 - 3.600 sq. ft.
2
Over 3.600 sq. ft.
Q
1. The minimum lot size for a bed and breakfast establishment is 20.000 square
feet of uplands.
k. For properties containing buildings more than fifty (50) years old the
minimum lot size and number of guestrooms may be adiusted provided the
building has been or will be preserved. restored and maintained in a manner
consistent with the structure's original period architecture.
PART C. AMENDING SECTION 602.02 (R-IA SINGLE-FAMILY RESIDENTIAL
DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA.
Section 602.02 is amended to as follows:
Section 602.02 R-IA Single-Family Residential District.
(c) Special exceptions Conditional Uses:
(Q) Bed and breakfast establishments provided the following criteria are met:
a. The owner or manager must live on the premises.
b. Separate toilet and bathing facilities for the exclusive use of guests must be
provided.
c. Rentals shall be on a daily basis. The maximum stay for an individual guest
shall be thirty (30) days in a twelve (12) month period.
d. Cooking shall be for overnight guests and residents only. No cooking
facilities shall be allowed in guestrooms.
struck through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
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e. Hired receptions or parties are not permitted.
f. Bed and breakfast establishments must meet all applicable building and
technical codes and obtain the appropriate health permits and business and
occupational licenses. including but not limited to a license from the Division
of Hotels and Restaurants applicable to such use.
g,. In addition to the parking required for the residence. one (1) parking space
shall be provided for each guestroom. These parking spaces may be provided
in a typical residential fashion in a garage. carport or driveway without the
need for striping.
h. Bed and breakfast establishments may erect one (1) wood pole or wooden
low profile sign not exceeding ten (10) square feet in total sign area. These
signs must be in conformance with Chapter 12 of the Land Development
Code.
1.:. The maximum number of guestrooms shall be determined by the gross floor
area of the principal building as follows:
Gross Floor Area
Maximum Number
of Guestrooms
Less than 1.200 sq. ft.
1
1.200 - 1.800 sq. ft.
2
1.801 - 2.400 sq. ft.
J.
2.401 - 3.000 sq. ft.
~
3.001 - 3.600 sq. ft.
2
Over 3.600 sq. ft.
Q
1. The minimum lot size for a bed and breakfast establishment is 20.000 square
feet of uplands.
k. For properties containing buildings more than fifty (50) years old the
minimum lot size and number of guestrooms may be adiusted provided the
building has been or will be preserved. restored and maintained in a manner
struok through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
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consistent with the structure's original period architecture.
PART D. AMENDING SECTION 606.02 (B-3 HIGHWAY SERVICE BUSINESS
DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEW A TER, FLORIDA.
Section 606.02 is amended as follows:
Section 606.02 B-3 Highway Service Business District.
(d) Special exceptions Conditional Uses:
(1) Bed and breakfast establishments provided the following criteria are met:
a. The owner or manager must live on the premises.
b. Separate toilet and bathing facilities for the exclusive use of guests must be
provided.
c. Rentals shall be on a daily basis. The maximum stay for an individual guest
shall be thirty (30) days in a twelve (12) month period.
d. Cooking shall be for overnight guests and residents only. No cooking
facilities shall be allowed in guestrooms.
e. Hired receptions or parties are not permitted.
f. Bed and breakfast establishments must meet all applicable building and
technical codes and obtain the appropriate health permits and business and
occupational licenses. including but not limited to a license from the Division
of Hotels and Restaurants applicable to such use.
&,. In addition to the parking required for the residence. one (1) parking space
shall be provided for each guestroom. These parking spaces may be provided
in a typical residential fashion in a garage. carport or driveway without the
need for striping.
h. Signs must be in conformance with Chapter 12 of the Land Development
Code.
1. The maximum number of guestrooms shall be determined by the gross floor
struck through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
5
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area of the principal building as follows:
Gross Floor Area
Maximum Number
of Guestrooms
Less than 1.200 sq. ft.
1
1.200 - 1.800 sq. ft.
2
1.801 - 2.400 sq. ft.
J.
2.401 - 3.000 sq. ft.
1
3.001 - 3.600 sq. ft.
.5.
Over 3.600 sq. ft.
Q
1. The minimum lot size for a bed and breakfast establishment is 20.000 square
feet of uplands.
k. For properties containing buildings more than fifty (50) years old the
minimum lot size and number of guestrooms may be adiusted provided the
building has been or will be preserved. restored and maintained in a manner
consistent with the structure's original period architecture.
PART E.
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 F.
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 G.
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
Struck through passages are deleted.
Underlined passages are added.
97-0-11
DENIED
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appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts E through I shall not be codified.
PART H. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART L ADOPTION.
After Motion to DENY by Councilman Hays and Second by Councilwoman Martin, the vote
on the first reading of this ordinance held on June 16, 1997, was as follows:
Mayor Jack H. Hayman, Sr. NAY
Councilman Danny K. Hatfield NAY
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
DENIED this 16th day of June, 1997.
Strusk-thFeagk passages are deleted.
Underlined passages are added.
97-0-11
CITY COUNCIL OF THE
CITY OF EDGEW Rom, FLORIDA
Ry� oeCLF �. Chit G
Louise A. Martin
Vice Mayor
APPROVED FOR FORM
AND CORRECTNESS:
DENIED
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Krlsta A. Storey
City Attorney