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ORDINANCE NO. 94-0-27
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDGEWATER,
FLORIDA; AMENDING SECTION 606.02 (B-3 HIGHWAY SERVICE
BUSINESS DISTRICT) AND SECTION 606.03 (B-4 TOURIST
COMMERCIAL DISTRICT) TO CHANGE THE TERM CHURCHES TO
HOUSES OF WORSHIP AND TO ALLOW HOUSES OF WORSHIP TO
EXCEED THE MAXIMUM BUILDING HEIGHT BY TEN FEET FOR
FREESTANDING RELIGIOUS STRUCTURES AND BY TWENTY-FIVE FEET
FOR RELIGIOUS SYMBOLS WHICH ARE AN INTEGRAL PART OF THE
HOUSE OF WORSHIP; 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 Edgewater, Florida,
has made the following determinations:
1. On September 28, 1994, the Land Development and
Regulatory Agency considered a request from Edgewater United
Methodist Church to amend the Zoning Ordinance to allow free
standing religious symbols to exceed the maximum building height
limit in the B-3, Highway Service Business District.
2. The Land Development and Regulatory Agency by a vote of
6-0 determined that it would be appropriate to allow the maximum
building height to be exceeded by ten (10) feet for freestanding
religious structures and by twenty-five (25) feet for religious
symbols which are an integral part of houses of worship.
3. In the B-3 Highway Service Business District and the B-4
Tourist Commercial District, which is also effected by a maximum
building height restriction, the term "churches" is utilized. To
achieve consistency with other sections of the Zoning Ordinance,
the term "houses of worship" should be utilized in these sections
as well.
4. It is in the best interests of the citizens of Edgewater
that the Zoning Ordinance be amended accordingly.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF SECTION 606.02 (B-3 HIGHWAY SERVICE BUSINESS
DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 606.02(b) is amended as follows:
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(b) Permitted Uses:
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Houses of worship
Section 606.02(e)(2) is amended to read as follows:
(2) Maximum building height: Thirty-five (35) feet. However,
the maximum buildinq heiqht may be exceeded by ten (10) feet for
freestanding reliqious structures such as bell towers, cross
towers, and minarets associated with a house of worship and by
twenty-five (25) feet for any reliqious symbols such as spires and
steeples which are an inteqral part of the house of worship.
PART B. AMENDMENT OF SECTION 606.03 (B-4 TOURIST COMMERCIAL
DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 606.03(b) is amended as follows:
(b) Permitted Uses:
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Houses of worship
Section 606.03(e)(2) is amended to read as follows:
(2) Maximum building height: Four (4) stories. However, the
maximum buildinq heiqht may be exceeded by ten ( 10) feet for
freestandinq religious structures such as bell towers, cross
towers, and minarets associated with a house of worship and by
twenty-five (25) feet for any reliqious symbols such as spires and
steeples which are an inteqral part of the house of worship.
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
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inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART E.
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 C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART G. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
November 21, 1994, 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 Mitchum 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
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PASSED AND DULY ADOPTED this 5th day of December, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY Oq EDGEWATER, FLORIDA
By:
V APPROVED FOR FORM
AND CORRECTNESS:
Rri t A. Storey
City Attorney
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Underlined passages are added.
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