94-O-08
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ORDINANCE NO. 94-0-08
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
EDGEWATER, FLORIDA; AMENDING SECTION 602.01
(R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT),
SECTION 602.02 (R-1A SINGLE-FAMILY RESIDENTIAL
DISTRICT), SECTION 602.03 (R-1B SINGLE-FAMILY
RESIDENTIAL DISTRICT), SECTION 602.04 (R-2
SINGLE-FAMILY RESIDENTIAL DISTRICT), SECTION
602.04.1 (R-2A SINGLE-FAMILY RESIDENTIAL
DISTRICT), SECTION 602.04.2 (R-2B SINGLE-
FAMILY RESIDENTIAL DISTRICT), SECTION 602.05
(R-3 SINGLE-FAMILY RESIDENTIAL DISTRICT),
SECTION 603.01 (R-4 MULTI-FAMILY DISTRICT),
SECTION 603.02 (R-5 MULTI-FAMILY DISTRICT),
SECTION 603.03 (R-5A MULTI-FAMILY DISTRICT)
AND SECTION 603.04 (R-6 MULTI-FAMILY DISTRICT)
BY ADDING HOUSES OF WORSHIP AS A SPECIAL
EXCEPTION AND PLAYGROUNDS AND ATHLETIC FIELDS
AS AN ACCESSORY 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 Edgewater, Florida,
has made the following determinations:
1. On February 23, 1994, the Land Development and Regulatory
Agency considered a request from Smyrna Free will Baptist Church to
amend the Zoning Ordinance by adding houses of worship as a special
exception in the R-IB Single-Family Residential District, Section
602.03.
2. The Land Development and Regulatory Agency by a vote of
5-0 recommended approval of adding houses of worship as a special
exception in each of the residential zoning districts.
3. Playgrounds and athletic fields are appropriate accessory
uses in conjunction with houses of worship provided that there are
no artificial lights utilized and no activity area is located
within twenty-five feet of the perimeter of the property.
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 602.01 (R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.01 (b) and (c) are amended to read as follows:
Struck through passages are deleted.
Underlined passages are added.
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Section 602.01 R-1 Single-Family Residential District
(b) Permitted accessory uses:
ill Home occupations as defined in Article II.
(2) Playgrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
1l..l All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
ill Unmanned telecommunication facilities aaa~
11..1 K.family residential homes located within a radius of
one thousand (1000) feet of another such family
residential home.
( 3 ) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parkinq and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerall y similar to
surrounding development with reqard to buildinq heiqht,
elevation and exterior finish.
(4) Child care facilities associated with and operated
in coniunction with a house of worship located on the
property.
(5) Educational services associated with and operated in
coniunction with a house of worship located on the
property.
PART B. AMENDMENT OF SECTION 602.02 (R-1A SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.02 (b) and (c) are amended to read as follows:
Section 602.02 R-1A Single-Family Residential District
Struck through passages are deleted.
Underlined passages are added.
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,..,
(b) Permitted accessory uses:
ill Home occupations as defined in Article II.
(2) Plavqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
ill Unmanned telecommunication facilities afld~
ill f..f.amily residential homes located within a radius of
one thousand (1000) feet of another such family
residential home.
( 3) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parking and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Building design shall be qenerally similar to
surroundinq development with regard to building height,
elevation and exterior finish.
(4) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(5) Educational services associated with and operated in
conjunction
with
a
house
of
worship
located
on
the
property.
PART C. AMENDMENT OF SECTION 602.03 (R-1B SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.03 (b) and (c) are amended to read as follows:
Section 602.03 R-1B Single-Family Residential District
(b) Permitted accessory uses:
ill Home occupations as defined in Article II.
Struck through passages are deleted.
Underlined passages are added.
94-0-08
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"""
(2) Plavqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
1.ll All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
111 Unmanned telecommunication facilities aaa~
11..1 ,E-E-amily residential homes located within a radius of
one thousand (1000)
feet of another such family
residential home.
(3) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parkinq and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerally similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(4) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(5) Educational services associated with and operated in
coni unction
with
a
house
of
worship
located
on
the
property.
PART D. AMENDMENT OF SECTION 602.04 (R-2 SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.04(b) and (c) are amended to read as follows:
Section 602.04 R-2 Single-Family Residential District
(b) Permitted accessory uses:
(1) Playqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
Struok through passages are deleted.
Underlined passages are added.
94-0-08
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~
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
ill Unmanned telecommunication facilities afld~
ill ~.family residential homes located within a radius of
one thousand (1000) feet of another such family
residential home.
( 3) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. parkinq and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerallv similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(4) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(5) Educational services associated with and operated in
conjunction with a house of worship located on the
property.
PART E. AMENDMENT OF SECTION 602.04.1 (R-2A SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.04.1 (b) and (c) are amended to read as follows:
Section 602.04.1 R-2A Single-Family Residential District
(b) Permitted accessory uses:
(1) Plavqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
Struck through passages are deleted.
Underlined passages are added.
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...,
(c) Special exceptions:
ill Unmanned telecommunication facilities afld~
ill ~-E-amily residential homes located within a radius of
one thousand (1000) feet of another such family
residential home.
( 3 ) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. parkinq and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerallv similar to
surrounding development with regard to buildinq heiqht,
elevation and exterior finish.
(4) Child care facilities associated with and operated
in conjunction with a house of worship located on the
property.
(5) Educational services associated with and operated in
coni unction with a house of worship located on the
property.
PART F. AMENDMENT OF SECTION 602.04.2 (R-2B SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
Section 602.04.2(b) and (c) are amended to read as follows:
Section 602.04.1 R-2B Single-Family Residential District
(b) Permitted accessory uses:
(1) Playqrounds and athletic fields associated with
houses of worship provided that there are no artificial
lights utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
ill Family residential homes located within a radius of
one thousand (1000) feet of another such family
Struck through passages are deleted.
Underlined passages are added.
94-0-08
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..."
residential home.
( 2 ) Houses of worship provided the following minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parkinq and service areas shall be located to limit
adverse impacts on adjoininq properties.
c. Buildinq design shall be qenerally similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(3) Child care facilities associated with and operated
in coniunction with a house of worship located on the
property.
(4) Educational services associated with and operated in
conjunction with a house of worship located on the
property.
PART G. AMENDMENT OF SECTION 602.05 (R-3 SINGLE-FAMILY
RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER,
FLORIDA.
section 602.05(b) and (c) are amended as follows:
Section 602.05 R-3 Single-Family Residential District
(b) Permitted accessory uses:
(1) Playgrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
( 4 )
Cnurchco.
Houses of worship provided the followinq
minimum criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parkinq and service areas shall be located to limit
adverse impacts on adjoininq ?roperties.
Struck through passages are deleted.
Underlined passages are added.
94-0-08
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...."
c. Buildinq desiqn shall be qenerally similar to
surroundinq development with reqard to building heiqht,
elevation and exterior finish.
(5) Child care facilities associated with and operated
in coniunction with a house of worship located on the
property.
(6) Educational services associated with and operated in
coni unction with a house of worship located on the
property.
PART H. AMENDMENT OF SECTION 603.01 (R-4 MULTI-FAMILY DISTRICT) OF
THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
section 603.01(b) and (c) are amended to read as follows:
Section 603.01 R-4 Multi-Family District
(b) Permitted accessory uses:
(1) Playqrounds and athletic fields associated with
houses of worshi? provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
ill. All those uses customarily associated with the
permitted principal uses.
(c) Special exceptions:
ill Unmanned telecommunication facilities T~
ill. f-E-amily residential homes located within a radius of
one thousand (1000)
feet of another such family
residential home; and~
ill 14nstitutional residential homes.
(4) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parkinq and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerall y similar to
surroundinq development with reqard to buildinq heiqht,
Struok through passages are deleted.
Underlined passages are added.
94-0-08
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.....
elevation and exterior finish.
(5) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(6) Educational services associated with and operated in
coni unction with a house of worship located on the
property.
PART I. AMENDMENT OF SECTION 603.02 (R-S MULTI-FAMILY DISTRICT)
OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 603.02(c) and (d) are amended to read as follows:
Section 603.02 R-S Multi-Family District
(c) Accessory uses permitted:
(1) Playqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
il.l All those uses customarily associated with the
permitted principal uses.
(d) Special exceptions:
lllChurchco ,~emi-public and public clubs including
halls, country clubs and lodges, provided all structures
are located at least thirty-five (35) feet from all side
or rear property lines and off street parking areas
abutting residential property are screened by a buffer as
provided for hereinafter.
il.l Rooming and board homes provided that not more than
sixty (60) per cent of the total floor area in one
dwelling is devoted to guest occupancy.
ill A garage apartment, provided it meets the
requirements specified in the definition section and
provision has been made for vehicle parking.
i!l Nursery schools or day care centers provided that
the following requirements are met:
~~ There shall be a minimum of five hundred (500)
Struck through passages are deleted.
Underlined passages are added.
94-0-08
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square feet of lot area per child.
iQl~ There shall be a minimum of two hundred (200)
square feet of play area per child, no part of which
shall be within a required front, side or rear yard.
iQl~ If the play area is closer than fifty (50) feet
to any property line, the play area shall be screened by
a buffer a provided for hereinafter.
iQlt4t No building shall be located closer than twenty
(20) feet to any lot line.
l.tl +9+
No play equipment shall be located in any
required front, rear or side yard.
111+&+ State health rules prevail on square footage per
person.
~ Unmanned telecommunications facilities.
1Ql Family residential homes located within a radius of
one thousand (1,000) feet of another such family
residential home.
ill Institutional residential homes.
(8) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. parkinq and service areas shall be located to limit
adverse impacts on adjoininq properties.
c. Buildinq desiqn shall be qenerall y similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(9) Child care facilities associated with and operated
in coniunction with a house of worship located on the
property.
(10) Educational services associated with and operated
in coni unction with a house of worship located on the
property.
struck through passages are deleted.
Underlined passages are added.
94-0-08
10
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PART J. AMENDMENT OF SECTION 603.03 (R-5A MULTI-FAMILY DISTRICT)
OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 603.03(c) and (d) are amended to read as follows:
Section 603.03 R-5A Multi-Family District
(c) Accessory uses permitted:
(1) Playqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
twenty-five (25) feet of the perimeter of the property.
i.ll All those uses customarily associated with the
permitted principal uses.
(d) Special exceptions:
1l.lChurchco, Ssemi-public and public clubs including
halls, country clubs and lodges, provided all structures
are located at least thirty-five (35) feet from all side
or rear property lines and off street parking areas
abutting residential property are screened by a buffer as
provided for hereinafter.
i.ll Rooming and board homes provided that not more than
sixty (60) per cent of the total floor area in one
dwelling is devoted to guest occupancy.
ill A garage apartment, provided it meets the
requirements specified in the definition section and
provision has been made for vehicle parking.
i!l Nursery schools or gBay QGare centers provided that
the following requirements are met:
~~ There shall be a minimum of five hundred (500)
square feet of lot area per child.
LQl~ There shall be a minimum of two hundred (200)
square feet of play area per child, no part of which
shall be within a required front, side or rear yard.
iQl~ If the play area is closer than fifty (50) feet
to any property line, the play area shall be screened by
a buffer a provided for hereinafter.
Struck through passages are deleted.
Underlined passages are added.
94-0-08
11
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iQlf4t No building shall be located closer than twenty
(20) feet to any lot line.
l.tl ~
No play equipment shall be located in any
required front, rear or side yard.
1il+6t State health rules prevail on square footage per
person.
~ Unmanned telecommunications facilities.
iQl Family residential homes located within a radius of
one thousand (1,000) feet of another such family
residential home.
ill Institutional residential homes.
(8) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parking and service areas shall be located to limit
adverse impacts on adioining properties.
c. Building desiqn shall be qenerally similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(9) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(10) Educational services associated with and operated
in coniunction with a house of worship located on the
property.
PART K. AMENDMENT OF SECTION 603.04 (R-6 MULTI-FAMILY DISTRICT)
OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA.
Section 603.04(c) and (d) are amended to read as follows:
Section 603.03 R-6 Multi-Family District
(c) Accessory uses permitted:
(1) Plavqrounds and athletic fields associated with
houses of worship provided that there are no artificial
liqhts utilized and no activity area is located within
Struck through passages are deleted.
Underlined passages are added.
94-0-08
12
.......
.....,
twenty-five (25) feet of the perimeter of the property.
ill All those uses customarily associated with the
permitted principal uses.
(d) Special exceptions:
l1..lChurchca ,~emi-public and public clubs including
halls, country clubs and lodges, provided all structures
are located at least thirty-five (35) feet from all side
or rear property lines and off street parking areas
abutting residential property are screened by a buffer as
provided for hereinafter.
ill Rooming and board homes provided that not more than
sixty (60) per cent of the total floor area in one
dwelling is devoted to guest occupancy.
ill A garage apartment, provided it meets the
requirements specified in the definition section and
provision has been made for vehicle parking.
i!l Unmanned telecommunications facilities.
121 Family residential homes located within a radius of
one thousand (1,000) feet of another such family
residential home.
iQl Institutional residential homes.
(7) Houses of worship provided the followinq minimum
criteria are met:
a. The proposed site shall front on an arterial or
collector roadway.
b. Parking and service areas shall be located to limit
adverse impacts on adioininq properties.
c. Buildinq desiqn shall be qenerally similar to
surroundinq development with reqard to buildinq heiqht,
elevation and exterior finish.
(8) Child care facilities associated with and operated
in coni unction with a house of worship located on the
property.
(9) Educational services associated with and operated in
Struck through passages are deleted.
Underlined passages are added.
94-0-08
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...."
coni unction with a house of worship located on the
property.
PART L.
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 M.
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 N.
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 F shall not be codified.
PART O.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART P.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the first reading of this ordinance held on March
21, 1994, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin NAY
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
Struck through passages are deleted.
Underlined passages are added.
94-0-08
14
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 4th day of April, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Jack H. layman, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
rista Storey
B
Rr ata A. Storey
City Attorney
-uek t Feug: passages are deleted.
Underlined passages are added.
94-0-08 15