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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.
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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.
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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.
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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.
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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.
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