2011-O-17 ORDINANCE NO. 2011-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -37.05 (SPECIAL
ACTIVITY PERMIT CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On September 13, 2010, Council adopted Ordinance #2010 -0 -18 which amended
and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional,
Accessory & Prohibited Uses), and Section 21 -37 (Special Activity /Permit Requirements).
3. On May 16, 2011, Council adopted Ordinance #2010 -0 -05 which amended and
restated Chapter 21 (Land Development Code), Article III Section 21 -33 (Uses and Restrictions).
4. Adoption of this Ordinance will modify Section 21 -37.05 (Special Activity Permit
Criteria) of Article III.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -37.05 (SPECIAL
ACTIVITY PERMIT CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), CITY OF EDGEWATER,
FLORIDA.
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#2011 -0 -17
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses),
Section 21 -37.05 (Special Activity Permit Criteria) as set forth in Exhibit "A" which are
attached hereto and incorporated herein.
PART B. 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. 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
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on December 5, 2011 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper VACANT
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After Motion to approve by , I ik _t •' LL , • d Second byecx; ntkai - w n Y a'1k`t.l� the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper \OEQjt±
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PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST:
CITY COUNCIL OF THE
C;OF, EDG ATE RIDA
ke omasayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 901 day of
legality by: Aaron R. Wolfe, Esquire January, 2012 under Agenda Item No. 8D..
City Attorney
Doran, Sims, Wolfe & Kundid
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Exhibit "A"
21 -37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on -site
alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted
and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21 -35.01 for alcohol
sales and /or consumption associated with a special activity.
h.The City Council may add other conditions to protect the health, safety and welfare of the
residents.
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