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ORDINANCE NO. 96-0-01
AN ORDINANCE CREATING SECTION 1101 (OUTSIDE STORAGE) OF
CHAPTER 11 (MISCELLANEOUS REGULATIONS) OF THE LAND
DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA;
PROVIDING REGULATIONS FOR THE OUTSIDE STORAGE OF
VEHICLES, EQUIPMENT AND MATERIALS; REPEALING SECTIONS
10-60 THROUGH 10-69 OF CHAPTER 10, HEALTH AND SANITATION
OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. Inconsistencies exist within Sections 10-60 through 10-69
of the Code of Ordinances which regulate the outside storage of
vehicles, equipment and materials.
2. Accordingly, it is in the best interest of the citizens of
Edgewater that Section 1101 (Outside Storage) of Chapter 11 of the
Land Development Code of the City of Edgewater, Florida be created.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. CREATION OF SECTION 1101 (OUTSIDE STORAGE) OF CHAPTER 11
(MISCELLANEOUS REGULATIONS) OF THE LAND DEVELOPMENT CODE OF THE
CITY OF EDGEWATER, FLORIDA.
Section 1101 of Chapter 11 is hereby created to read as
follows:
Section 1101. Outside Storage
1101.01
Residential Uses.
Outside
storage
of
materials.
equipment and junked vehicles shall not be permitted for
residential uses except as set forth below.
For the
purposes of this section. junked vehicles shall mean
vehicles which are inoperative. wrecked. partially
dismantled or otherwise mechanically incapable of being
operated in their present condition.
This provision
shall not apply to the regular parking or storage of
operable motor vehicles. boats, recreational vehicles and
other such vehicles otherwise permitted in residential
areas. This provision shall not be interpreted to permit
the parking or storage of vehicles prohibited by Section
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Underlined portions are added.
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712 of the Zoning Ordinance.
A. Vehicles which would otherwise be considered junked
vehicles may be restored and stored outside upon the
issuance of a vehicle restoration permit by the Director
of Community Development. A permit shall not be required
for the restoration and inside storage of a vehicle which
would otherwise be considered a junked vehicle or the
restoration and outside storage of a vehicle which is not
visible from adjacent properties or the right-of-way
through the use of screening, fencing. or hedges.
~ Any person seeking to restore and store a junked vehicle
outside shall file an application with the Department of
Community Development accompanied by a nonrefundable
application fee as established by resolution of the City
Council. The application shall be in such form and shall
contain such information and documentation as shall be
prescribed from time to time by the Director of Community
Development.
~ The term of the permit shall be one (1) year. Additional
one (1) year renewals for a maximum permit term of five
(5) years shall be granted by the Director of Community
Development upon payment of a permit renewal fee as
established by resolution of the City Council.
~ Vehicle restoration permits shall be limited to one (1)
per dwelling unit.
~ Upon issuance. the vehicle restoration permit shall be
posted conspicuously at the residence at all times.
~ Vehicles for which a permit has been granted shall be
covered by a vehicle cover at all times except while
active restoration is in progress. Covering a vehicle
with a tarp secured by blocks shall not be deemed to meet
the requirements of this section.
~ The decision of the Director of Community Development
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regarding renewal of the vehicle restoration permit may
be appealed to the code enforcement board by filing a
written notice of appeal with the secretary of the code
enforcement board within thirty (30) days from the date
the decision was rendered. The code enforcement board
shall provide an opportunity to appear. be heard and to
present testimony or evidence.
Upon hearing all
testimony and evidence. the board shall determine whether
there was significant progress in the restoration process
during the preceding one (1) year period as opposed to
token or insignificant progress during that time period.
1101.02
Office Uses.
Outside storage of vehicles. equipment or
materials shall not be permitted for office uses.
1101.03
Commercial Uses.
Outside
storage
of
vehicles.
equipment and materials shall be permitted for commercial
uses as specified below:
A. Display of landscape or garden supplies. outdoor
recreational equipment. lawn equipment or produce located
in designated areas approved for such display as part of
a plan approved by the Director of Community Development.
~ Display of new and used motor vehicles. boats.
recreational vehicles. mobile homes and other such
vehicles located in designated areas approved for such
display as part of a plan approved by the Director of
Community Development.
~ Storage of operable motor vehicles. boats. recreational
vehicles and other such vehicles located in designated
areas approved for such storage as part of a plan
approved by the Director of Community Development.
~ Display of products customarily used out of doors such as
pools. spas. lawn furniture. concrete fixtures and other
similar items limited to one (1) set of anyone (1)
product or model.
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Underlined portions are added.
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~ Special sales events permitted under this Code.
~ Storage of inoperable motor vehicles. boats. recreational
vehicles and other such vehicles awaiting repair on the
site of motor vehicle repair facilities and motor vehicle
service centers.
1101.05
Public Right-af-Way.
No
unlicensed
vehicles,
inoperable vehicles. materials or equipment shall be
kept. maintained. stored or deposited on any public
right-of-way.
However. this section shall not be
interpreted to preclude the City from utilizing its
right-Of-way for appropriate public purposes.
PART B. REPEAL OF CERTAIN PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA.
Sections 10-60 through 10-69 of Chapter 10, Health and
Sanitation of the Code of Ordinances of the City of Edgewater,
Florida, are hereby repealed.
PART C.
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 D.
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 E.
EFFECTIVE DATE.
This ordinance shall take effect June 1, 1996.
PART F. ADOPTION.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
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March 4, 1996, 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 Councilwoman Martin and Second by Councilman
Hatfield, the vote on the second reading of this ordinance 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
PASSED AND DULY ADOPTED this 1st day of April, 1996
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
ac. k Hyman, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
219ta A. Storey
City Attorney
Struck through portions are deleted.
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