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92-O-15 ......... .""""", ORDINANCE NO. 92-0-15 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDGEWATER, FLORIDA; AMENDING SECTIONS 607.00 (1-1 LIGHT INDUSTRIAL DISTRICT), 607.01 (1-2 HEAVY INDUSTRIAL DISTRICT) , 607.02 (1-3 INDUSTRIAL PARK DISTRICT), AND 607.03 (PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT) BY REQUIRING NO REAR AND/OR SIDE YARD SETBACK WHERE THE REAR AND/OR SIDE PROPERTY LINE ABUTS A RAILROAD RIGHT-OF-WAY AND RAIL SERVICE IS UTILIZED SUBJECT TO PROOF OF ACCESS TO THE RAILROAD RIGHT-OF-WAY FOR THE PURPOSE OF MAINTAINING STRUCTURES ADJACENT TO THE PROPERTY LINE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 17, 1992, and November 12, 1992, the Land Development and Regulatory Agency considered a request from Coronado Paint, Inc., by Agent Joe Martin to amend Sections 607.00, 607.01, 607.02 and 607.03 of the Zoning Ordinance to require no rear and/or side yard setback where the rear and/or side property line abuts a railroad right-of-way and rail service is utilized subject to proof of access to the railroad right-of-way for the purpose of maintaining structures adjacent to the property line. 2. On November 12, 1992, the Land Development and Regulatory Agency by a vote of 4 to 2 recommended approval of the Ordinance No. 92-0-15 as drafted. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF SECTION 607 .00 (I -1 LIGHT INDUSTRIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA. Section 607.00(e)(2) is amended to read as follows: Section 607.00 1-1 Light Industrial District (e) Dimensional requirements (2) Minimum yard size: Front yard: 25 ft.; where a lot abuts on two (2) or more streets each yard shall be classed and provided as a front yard. Struck through passages are deleted. Underlined passages are added. 92-0-15 1 ,..., "-'" Side yard: 10 ft.T ~exceptions: ~ ~where a lot abuts a residentially zoned lot~ In ouch inotancc, the abutting side yard shall be at least 20 ft. wide~L iQl Where the side property line abuts a railroad riqht-of-way and rail service is utilized, no side yard shall be required, subiect to proof acceptable to the city Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. Rear yard: 20 ft. Exception: Where the rear property line abuts a railroad riqht-of-way and rail service is utilized, no rear yard shall be required, subiect to proof acceptable to the city Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. PART B. AMENDMENT OF SECTION 607.01 (1-2 HEAVY INDUSTRIAL DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA. Section 607.01(e)(2) is amended to read as follows: Section 607.01 1-2 Heavy Industrial District (e) Dimensional requirements (2) Minimum yard size: Front yard: 25 feet, where a lot abuts on two or more streets each yard shall be classed and provided as a front yard. Side yard: 10 feetT~ ~exceptions: ~ Nwhere the lot abuts a residentially zoned lot. In ouch an inotancc, the abutting side yard shall be at least twenty (20) feet wide~L iQl Where the side property line abuts a railroad riqht-of-way and rail service is utilized, no side yard shall be required, subiect to proof acceptable to the City Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. Rear yard: 20ft. Exception: Where the rear property line abuts a railroad riqht-of-way and rail service is utilized, no rear yard shall be required, subiect to proof acceptable to the city Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the propertv line. PART C. AMENDMENT OF SECTION 607.02 (1-3 INDUSTRIAL PARK DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA Section 607.02(e)(2) is amended to read as follows: Struck through passages are deleted. Underlined passages are added. 92-0-15 2 '-'" ""'" Section 607.02 1-3 Heavy Industrial District (e) Dimensional requirements (2) Minimum yard size: Front yard: 40 ft. Side yard: 20 ft. Exception: Where the side property line abuts a railroad riqht-of-way and rail service is utilized, no side yard shall be required, subiect to proof acceptable to the City Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. Rear yard: 20ft. Exception: Where the rear property line abuts a railroad riqht-of-way and rail service is utilized, no rear yard shall be required, subiect to proof acceptable to the city Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. PART D. AMENDMENT OF SECTION 607.03 (PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT) OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA section 607.03(e)(4)c is amended to read as follows: Section 607.03 PID Planned Industrial Development District (e) Design standard for PID: (4) Building location: c. No structure shall be erected within thirty (30) feet of the project boundary. Exceptions: ~ Where the side property line abuts a railroad riqht-of-way and rail service is utilized, no side yard shall be required, subiect to proof acceptable to the City Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. iQl Where the rear property line abuts a railroad riqht-of-way and rail service is utilized, no rear yard shall be required, subiect to proof acceptable to the City Attorney of access to the railroad riqht-of-way for the purpose of maintaininq structures adiacent to the property line. PART E. 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. Struck through passages are deleted. Underlined passages are added. 92-0-15 3 ........ """" PART F. 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 G. 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 B through F shall not be codified. PART H. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART I. ADOPTION. After Motion by Councilman Hays and Second by Councilwoman Martin, the vote on the first reading of this ordinance held on November 16, 1992, 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 Councilman Jones and Second by Councilman Mitchum, 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 Struck through passages are deleted. Underlined passages are added. 92-0-15 4 PASSED AND DULY ADOPTED this 7th day of December, 1992. ATTEST: usan-J. Vadsworth City`Clerk. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: ack H. Ha nan, Sr. Mayor APPROVED FOR FORM AND CORRECTNESS: 4A4 A ' O' P `- r s a A. Storey City Attorney Sure] threugh passages are deleted. Underlined passages are added. 92-0-15 5