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93-O-05 .. ~ .... ." ORDINANCE NO. 93-0-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDGEWATER, FLORIDA; AMENDING ARTICLE II (DEFINITIONS) BY ADDING THE DEFINITION OF ADULT DAY-CARE CENTER; AMENDING SECTION 606.01 (B-2 NEIGHBORHOOD BUSINESS DISTRICT) BY ADDING ADULT DAY-CARE CENTERS AS A PERMITTED 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 March 11, 1993, the Land Development and Regulatory Agency considered a request from Extended Family, Inc. to amend the Zoning Ordinance by adding a definition of adult day-care centers and by adding adult day-care centers as a permitted use in the B-2 Neighborhood Business District, Section 606.01. 2. The Land Development and Regulatory Agency by a vote of 7-0 recommended approval of the amendment. 3. It is in the best interests of the citizens of Edgewater that Section 606.01 be amended accordingly. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF ARTICLE II (DEFINITIONS) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA. Article II is amended to add the following: Adult day-care center: A facility, whether operated for profit or not, where care is provided for adults who are unrelated bv blood or marriaqe to the owner/operator of the facility for a part of the 24-hour day. This care mav include, but shall not be limited to, providing a protective settinq, social activities, leisure time activities, self-care traininq, rest, nutritional services, and speech and physical therapy. Such facilities must be licensed bv the Florida Department of Health and Rehabilitative Services in accordance with Sections 400.55 throuqh 400.564, Florida Statutes. PART B. AMENDMENT OF SECTION 606.01 (B-2 NEIGHBORHOOD BUSINESS DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA. Section 606.01(b) is amended to add the following: Section 606.01 B-2 Neighborhood Business District (b) Permitted Uses Adult day-care centers Struck through passages are deleted. Underlined passages are added. 93-0-05 1 " .., ...., PART C. CONFLICTING PROVISION. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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. 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 F. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART G. ADOPTION. After Motion by Councilman Mitchum and Second by Councilman Hays, the vote on the first reading of this ordinance held on April 5, 1993, 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 After Motion by Councilwoman Martin and Second by Councilman Hays, the vote on the second reading of this ordinance was as follows: Struck through passages are deleted. Underlined passages are added. 93-0-05 2 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 3rd day of May, 1993. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA I'/ / By: l4'' lc Jack H. H man, Sr. Mayor i APPROVED FOR FORM AND CORRECTNESS: Kri to A. Storey City Attorney StEuek thEeugh passages are deleted. Underlined passages are added. 93-0-05 3