92-O-4
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ORDINANCE NO. 92-0-4
AN ORDINANCE AMENDING THE EDGEWATER, FLORIDA, ZONING
ORDINANCE; AMENDING SECTION 200.00 (INTERPRETATIONS OF
CERTAIN TERMS AND WORDS) BY DEFINING COMMUNITY
RESIDENTIAL HOME, FAMILY RESIDENTIAL HOME, INSTITUTIONAL
RESIDE~~IAL HOME, RESIDENT AND SPONSORING AGENCY;
AMENDING SECTION 602.01 (R-1 SINGLE..li'AMILY RESIDENTIAL
DISTRICT), SECTION 602.02 (R-1A SINGLE-E'AMILY RESIDEN'l'IAL
DISTRICT), SECTION 602.03 (R-1B SINGLE-FAMILY RESIDENTIAL
DISTRICT), SECTION 602.04 (R-2 SINGLE-FAl~ILY RESIDENTIAL
DISTRICT) , SECTION 602.04.1 (R-.itA SINGLE-FM-dILY
RESIDENTIAL DISTRIC'11), SECTION 602.04.2 (R-2B SINGLE-
FAMILY RESIDENTIAL DISTRICT), AND SECTION 602.05 (R-3
SINGLE-FAMIr..Y RESIDENTIAL DISTRICT) BY AUDING AS A
PERMITTED USE FAMILY RESIDENTIAL HOMES PROVIDED SUCH
HOMES SHALL NOT BE LOCATED WITHIN A RADIUS OF ONE
THOUSAND FEET OF ANOTHER EXISTING SUCH FAMII.lY RESIDENTIAL
HOME AND BY ADDING AS A SPECIAL EXCEPTION FAMILY
RESIDENTIAL HOMES LOCATED WITHIN A RADIUS OF ONE THOUSAND
FEET OF ANOTHER SUCH FAMILY RESIDENTIAL HOME; AMENDING
SECTION 603.01 (R-4 MULTI-FAMILY DISTRICT), SECTION
603.02 (R-5 MULTI-FAMILY DISTRICT), SECTION 603.03 (R-SA
MULTI-FAMILY DISTRICT), AND SECTION 603.04 (R-6 ~JLTI-
FAMILY DISTRICT) BY ADDING AS A PERl(ITTED USE COMMUNITY
RESIDENTIAL HOMES SUBJECT TO CERTAIN CONDITIONS AND
FAMILY RESIDENTIAL HOMES PROVIDED SUCH HOMES SlmLL NOT
BE LOCATED WITHIN A RADIUS OF ONE THOUSAND FEET OF
ANOTHER EXITING FAMILY RESIDENTIAL HOME AND BY ADDING AS
A SPECIAL EXCEPTION FAMILY RESIDEN'rIAL HOMES IJOCATED
WITHIN A RADIUS OF ONE THOUSAND FEET OF ANOi~ER SUCH
FAMILY RESIDENTIAL HOME AND INSTITUTIONAL RESIDENTIAL
HOMES AND BY DELE'llING NURSING am.lES AS A SPECIAL
EXCEPTION IN THE R-5 (MULTI-FAMILY DIS'rRICT), R-5A
(MULTI-FAMILY DISTRICT), AND R-6 (MULTI-FAMILY DISTRICT);
AMENDING SECTION 606.02 (B-3 HIGHWliY SERVICE BUSINESS
DISTRIC'l~) BY ADDING AS A SPECIAL EXCEPTION COMMUNITY
RESIDENTIAL HO:MF~S AND INSTITUTIOllAL RESIDEN'l'IAL HOMES;
ADDING SECTION 719.00 (COMMUNI'.l'Y RESIDENl'IAI.. HOMES);
PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY;
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. Chapter 419, Florida Statutes, provides for the siting
of "community residential homes" as defined therein.
2. Section 419.001 (2), Florida Statutes, deems a community
residential home with six or fewer residents as a single-family
unit and a non-commercial, residential use for the purpose of local
laws and ordinances. Accordingly, these homes shall be allowed in
single-family or multi-family zoning without approval by the local
government provided that such homes shall not be located within a
radius of one thousand (1,000) feet of another existing such home.
3. Section 419.001 (3), Florida Statutes, provides that a
community residential home wi.th seven (7) to fourteen (14)
residents shall be permit1:ed in multi-family zoning subject to
review by the local governing body and compliance with standards
set out therein.
4. It is necessary that the zoning ordinance of Edgewater,
Florida, be amended to comply with the requirements of Chapter 419,
Florida Statutes.
Struck through passages are
Underlined passages are added.
deleted.
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NOW, THEREFORE, BE IT ENACTED by the People of the City
of Edgewater, Florida:
PART A. AMENDMENT OF SECTION 200.00 (INTERPRETATION OF CERTAIN
TERMS AND WORDS) OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 200.00 is hereby amended to add the following
definitions:
Section 200.00. Interpretations of certain ter.ms and words.
Community residential home: A dwellinq unit licensed to serve
clients of the Department of Health and Rehabilitative Services,
which provides a livinq environment for seven (7) to fourteen (14)
unrelated residents who operate as the functional equivalent of a
family, includinq such supervision and care by supportive staff as
may be necessary to meet the physical, emotional and social needs
of the residents. '1'he term "community residential home" shall
include conqreqate care facilities, foster homes, qroup care homeh
nursinq homes, and child care facilities with seven [7) to fourteen
(14) residents and that otherwise meet the definitional
requirements of a community residential home.
Family residential home: A dwellinq unit licensed to serve
clients of the Department of Health and Rehabilitative Services,
which provides a living environment for six (6) or fewer unrelated
residents who operate as the functional equivalent of a family,
includinq such supervision and care by supportive staff as may be
necessary to meet the physical, emotional and social needs of the
residents. The term " family residential home" shall include
nursinq homes, conqreqate care facilities, foster homes, .,group care
homes and child qare facili-ties with six (6) or fewer residents and
that otherwise meet the definitional r~quirements oj a fam~l~re
home.!..
Institutional residential home: A dwellinq unit licensed to
serve clients of the Department of Health and Rehabilitative
Services, which provides a livinq environment for more than
fourteen (14) unrelated residents who operate as the functional
equivalent of a family, includinq such supervision and care by
supportive staff as may be necessary to meet the physical,
emotional and social needs of the residents. The term
"insti tutional residential home" shall include nursinq homes,
conqreqate care facilities, foster homes, qroup care homes and
child care facilities with more than fourteen (14) reside~ts and
that otherwise meet the definitional requirements of institutional
residential home.
Resident: As used in "family residential home", "community
residential home" and "institutional residential home" resident
means any of the followinq: an aqed person as defined in Section
400.618(3), Florida Statutes~ physically disabled or handicapped
person as defined in Section 760.11(4)(a), Florida Statutes, a
nondanqerous mentally ill person as defined in Section 394.55(3),
Florida Statutes: or a child as defined in Section 39.01(8) and
(10), Florida Statutes~
Sponsorinq Aqency: As used in the context of "community
residential home" sponsorinq aqency means an aqency or unit of
qovernment, a profit or nonprofit aqency, or any other person or
orqanization which intends to establish or operate a community
residential home.
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Underlined passages are added.
deleted.
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PART B. AMENDMENT OF SECTION 602.01 R-l SINGLE-FAMILY RESIDENTIAL
DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 602.0l(a) Permitted uses and Section 60l.0l(c) Special
exceptions are hereby amended to read as follows:
Section 602.01 R-l Single-Family Residential district.
(a) Permitted uses: Facilities owned and operated
by federal, state, county or municipal
government; playfields; playgrounds; public
parks; recreation buildings; ttfl:€l. single-family
one story buildings; and family residential
homes provided that such homes shall not be
located within a radius of one thousand (1000)
feet of another existinq such fami~
residential home and provided that the
sponsorinq aqency or Department of Health and
Rehabili tative Se~vices eHRS) notifies the City
Council at the time of home occupancy that the
home is licel1sed by_ HR~_
(c) Special exceptions: Unmanned telecommunication
facilityies and family residential homes
located within a radius of one thousand (lOOOl
feet of another such family_residential home.
PART C. AMENDMENT OF SECTION 602.02 R-IA SINGLE-FAMILY RESIDENTIAL
DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 602.02(a) Permitted uses and Section 602.02(c) Special
exceptions are hereby amended to read as follows:
~
Section 60)r.02 R-IA Single-Family Residential district
(a) Permitted uses: Facilities owned and operated
by federal, state, county or municipal
government; playfields; playgrounds; public
parks; recreation buildings; iH'i4 single-family
one story buildings; and family residential
homes provided that such homes shall not be
located within a radius of one thousand (1000)
feet of another existinq such family
residential home and provided that the
sponsorinq aqency or Department of Health and
Rehabilitative Services (HRS) notifies the City
Council at the time of home occupancy that the
home is licensed by HRS.
(c) Special exceptions: Unmanned telecommunication
facilityies and family residential homes
located within a radius of one thousand (1000)
feet of another such family residential home.
PART D. AMENDMENT OF SECTION 602.03 R-IB SINGLE-FAMILY RESIDENTIAL
DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 602.03(a) Permitted uses and Section 602.03(c) Special
exceptions are hereby amended to read as follows:
Section 602.03 R-IB Single-Family Residential
(a) Permitted uses: Facilities owned and operated
by federal, state, county or municipal
government; playfields; playgrounds; public
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deleted.
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parks; recreation buildings; ana single-family
dwelling units in Florida Shores only; ana
family residential homes provided that such
homes shall not be located within a radius of
one thousand (1000) feet of another existing
such family residential home and provided that
the sponsorinG aGency or D~artment of Health
and Rehabilitative Services LrrRS) notifies the
Ci ty Council at the time of hOI!lg.._Q~5:'';lm9-.n.gy
that the home is liC;.~.!!~.E?cihRYu HRS .
(c) Special exceptions: Unmanned telecommunication
facilityies and family residential homes
located within a radius of one thousgnd (1000~
feet of an9tJ1_~r such tgmi..lY._:Ie.~):.g..~Jl.1-.i.A.L.hQm~
PART E. AMENDMENT OF SECTION 602.04 R-2 SINGLE FAMILY RESIDENTIAL
DISTRICT OF THE ZONING ORDINANCF. OF Ji:nGF,WA,TJm, FI,ORln~.
Section 602.04(a) Permitted uses and Section 602.04(c) Special
exceptions are hereby amended to read as follows:
Section 602.04 R-2 Single-Family Residenti.al District
(a) Permitted uses: Facilities owned and operated
by federal, state, connty or municipal
government; playfields; playgrounds; public
parks; recreation buildings; -Effi-Ei. single-family
dwelling units; and faITItl y reJL!..9-ential homes
provided that such home~_~hall not be located
within a radius of one thoUS~)l~j1000) feet of
another existinG s!!gL:tCl.mJJ:y_..!:.~sid.e.Dti9-l hQ.I!le
and provided that the Sp'Q.~ls.()_f:j.n~-A.9:ency or.
Department of Health 9.ll!:.1_I~~h0bilitative
Serv ices ( HRS L.D:9..t.i.Lt~s the C.tJ'-Y-~9unc i 1 at.
the time of hOIT\E?..,.occ.upancy tha.t thE!.h91:rIE!_J~
l...iC;~!l:E>.ed_.by RHS.
(c) Special exceptions: Unmanned telecommunication
facili ties and family residential homes located
within a radius of one tho~EEJld (100~~~t oX
E!l.QtJ1eLe.ll.cl~" :Eamily.__.!'E?si,dentialhome.
PART F. AMENDMENT OF SECTION 602.04.1 R-2A SINGLE-FAMILY
RESIDENTIAL DISTRICT OF THR ZONING ORDtN~NCE OF EDGEWATER, FLORIDA.
Section 602.04.1(a) Permitted uses and Section 602.04.1(c)
Special exceptions are hereby amended to read as follows:
Section 602.04.1 R-2A Single-Family Residential DIstrict
(a) Permitted uses: Facilities owned and operated
by federal, state, connty or municipal
government; playfields; playgrounds; public
parks; recreation buildings; iHTEl- single-family
dwelling units; and fa.IJl..Jl y reside!ltial homes
provided that such homes shall not be located
within a ragJus. of one thous~.Il(::L.iJj)OO) feet of
ano th e r ex i s~1:.!.!~ u c ~..t c3:mi..lY_J::~.~j..sie.n..:tt.~..L home
and provi(lpdl-h,~lt the f3ponRori,ng agency or
Department. of Henlth i'rl(; I?phrbilitative
Services (RRS) notifies the City Council at
the time of home occupancy thAt the home is
licensed by HR,c.:;
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deleted.
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(c) Special exceptions: Unmanned telecommunication
facilit~ies and family residential homes
located within a radius of one thousand (1000)
feet of another such family residential home.
PART G. AMENDMENT OF SECTION 602.04.2 R-2B SINGLE-FAMILY
RESIDENTIAL DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 602.04.2 (a) Permitted uses and Section 602.04.2 (c)
Special exceptions are hereby amended to read as follows:
Section 602.04.2(a) R-2B Single-Family Residential District
(a) Permitted uses: Facilities owned and operated
by federal, state, county or municipal
government; playfields; playgrounds; public
parks; recreation buildings; ftft€l. single-family
dwelling units; and family residential homes
provided that such homes shall not be located
within a radius of one thousand (1000) feet of
another existinq such family residential home
and provided that the sponsorinq aqency or
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at
the time of home occupancy that the home is
licensed by HRS.
(c) Special exceptions: Familv residential homes
located within a radius of one thousand (1000)
feet of another such family residential home.
PART H. AMENDMENT OF SECTION 602.05 R-3 SINGLE-FAMILY RESIDENTIAL
DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 602.05(a) Permitted uses and Section 602.05(c) Special
exceptions are hereby amended to read as follows:
Section 602.05 R-3 Single-Family Residential District
(a) Permitted uses: Facilities owned and operated
by federal, state, county or municipal
government; playfields; playgrounds; public
parks; recreation buildings; ftft€l. single-family
dwelling units; and family residential homes
provided that such homes shall not be located
within a radius of one thousand (1000) feet of
another existinq such family residential home
and provided that the sponsorinq aqency or
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at
the time of home occupancy that the home is
licensed by HRS.
(c) Special exceptions:
(1) Schools, 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 defined in
Article II.
(2) Family residential homes located
within a radius of one thousand
(1000) feet of another such family
residential home.
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deleted.
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( 3 )
( 4 )
Unmanned telecommunication
facilityies.
Churches.
PART I. AMENDMENT OF SECTION 603.01 R-4 MULTI-FAMILY DISTRICT OF
THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 603.01(a) Permitted uses and Section 603.01(c)
Special exceptions are hereby amended to read as follows:
Section 603.01 R-4 Multi-Family District
(a ) Permitted uses : Multi-family dwellings
including townhouses, apartments and garden
apartments; community residential homes subiect
to the provisions of Section 719.00 of this
Ordinance: and family residential homes
provided that such homes shall not be located
within a radius of one thousand~1000) feet of
another existinq such family residential home
and provided that the sponsorinq aqency or
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at
the time of home occupancy that the home is
licensed by HRS. Single-family dwellings and
duplexes shall be permitted as additional uses
in the R-4 zoning multi-family district subject
to the following dimensional requirements:
Minimum lot size area: Eight thousand two
hundred fifty (8,250) square feet.
Minimum depth: One hundred ten (110) feet.
Minimum lot width: Seventy-five (75) feet.
Mini.mum yard requirements:
Front yard: Forty (40) feet.
Detached single-family if no multi-
family units are included: Thirty
(30) feet.
Interior side yard setback: Ten (10) feet.
Side yard setback on corner lot: Twenty-
five (25) feet.
Rear yard: Twenty-five (25) feet.
Minimum floor area: One thousand five hundred
(1,500) square feet of living area for each
duplex and one thousand two hundred (1,200)
square feet of living area for each single-
family dwelling.
Maximum building height: Two (2) stories.
Maximum building coverage: Thirty-five (35) per
cent of the total lot area.
Duplexes:
Minimum lot size area: Eleven thousand (11,000)
square feet.
Minimum depth: One hundred ten (110) feet.
Minimum width: One hundred (100) feet.
Minimum floor area requirement: One thousand
(1,000) square foot per duplex unit.
In order to provide compatibility in the construction of new
residential units in recorded subdivisions approved prior to August
30, 1989, the minimum lot size, depth, width, and floor area
requirement contained in section 603.01(a) shall not apply to the
infill development of duplexes.
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deleted.
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In addition to all applicable zoning standards and other
regulations, the following requirements shall apply to the infill
development of duplexes in recorded subdivisions approved prior to
August 30, 1989:
Minimum lot
size:
Area:
eight thousand two hundred fifty (8,250)
square feet.
one hundred ten (110) feet.
seventy-five (75) feet.
floor area: one thousand five hundred
(1,500) square feet per duplex.
Depth:
Width:
Minimum
(c) Special exceptions: Unmanned telecommunication
facilityies, family residential homes located
within a radius of one thousand (1000) feet of
another such family residential home: and
institutional residential homes.
PART J. AMENDMENT OF SECTION 603.02 R-S MULTI-FAMILY DISTRICT OF
THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 603.02(b) Permitted uses and Section 603.02(d) Special
exceptions are hereby amended to read as follows:
Section 603.02 R-S Multi-Family District
(b) Permi tted uses: Duplex and multi-family dwellings
including townhouses, apartments and
condominiums and cluster housing development
projects provided they meet the requirements
and plan approval procedures specified below.
Communi ty residential homes subiect to th~
provisions of Section 719.00 of this Ordinance
and family residential homes provided that
such homes shall not be located within a
radius of one thousand (1000) feet of another
existinq such family residential home and
provided that the sponsorinq aqency or
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at
the time of home occupancy that the home is
licensed by HRS.
(d) Special exceptions:
Churches, nuroing flomeo, and semi-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.
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.
A garage apartment, provided it meets the
requirements specified in the definition
section and provision has been made for
vehicle parking.
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deleted.
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Nursery schools or day care centers provided
that the following requirements are met:
( 1 )
( 2 )
( 3 )
( 4 )
(5 )
( 6 )
There shall be a minimum of five hundred
(500) sq. ft. of lot area per child.
There shall be a minimum of two hundred
(200) sq. ft. of play area per child, no
part of which shall be within a required
front, side or rear yard.
If the play area is closer than fifty (50)
feet to any property line, the play area
shall be screened by a buffer as provided
for hereinafter.
No building shall be located closer than
twenty (20) feet to any lot line.
No play equipment shall be located in any
required front.
State health rules to prevail on square
footage per person.
Unmanned telecommunications facilityies.
Family residential homes located within a
radius of one thousand (1000) feet of another
such family residential home.
Institutional residential homes.
PART K. AMENDMENT OF SECTION 603.03 R-5A MULTI-FAMILY DISTRICT OF
THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 603.03(b) Permitted uses and Section 603.03(d) Special
exceptions are hereby amended to read as follows:
Section 603.03 R-5A Multi-Family District
(b) Permitted uses: Single-family, duplex and
multi-family dwellings including townhouses,
apartments and condominiums and cluster housing
development projects provided they meet the
requirements and plan approval procedures
specified below. Community residential homes
subiect to the provisions of Section 719.00 of
this Ordinance and family residential homes
provided that such homes shall not be located
within a radius of one thousand (1000) feet of
another existinq such family residential home
and provided that the sponsorinq aqency or the
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at the
time of home occupancy that the home is
licensed by HRS.
(d) Special exceptions:
Churches, nuroing homos, and semi-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.
Rooming and boarding homes provided that not
more than sixty (60) per cent of the
total floor area in one dwelling is
devoted to guest occupancy.
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deleted.
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A garage apartment, provided it meets the
requirements specified in the definition
section and provisions have been made for
vehicle parking.
Nursery school or Day Care Centers provided
that the following requirements are met:
(1) There shall be a minimum of five hundred
(500) sq. ft. of lot per child.
(2) There shall be a minimum of two hundred
(200) sq. ft. of play area per child, no
part of which shall be within a required
front, side or rear yard.
(3) If the play area is closer than fifty (50)
feet to any property line, the play area
shall be screened by a buffer as provided
for hereafter.
(4) No building shall be located closer than
twenty (20) feet to any lot line.
(5) No play equipment shall be located in any
required front, rear or side yard.
(6) State health rules to prevail on square
footage per person.
Unmanned telecommunications facilityies.
Family residential homes located within a
radius of one thousand (1000) feet of another
such family residential home.
Institutional residential homes.
PART L. AMENDMENT OF SECTION 603.04 R-6 MULTI-FAMILY DISTRICT OF
THE ZONING ORDINANCE OF EDGEWATER, Fr..ORIDA.
Section 603.04(b) Permitted uses and Section 603.04(d) Special
exceptions are hereby amended to read as follows:
Section 603.04 R-6 Multi-Family District
(b) Permitted uses: Single-family, duplex and
multi-family dwellings including townhouses,
apartments and condominiums and cluster housing
development projects provided they meet the
requirements and plan approval procedures
specified below. Community residential homes
subiect to the provisions of Section 719.00 of
this Ordinance and family residential homes
~ovided that such homes shall not be located
within a radius of one thousand (1000) feet of
another existinq such family residential home
and provided that the sponsorinq aqency or the
Department of Health and Rehabilitative
Services (HRS) notifies the City Council at the
time of home occupancy that the home is
licensed by HRS.
(d) Special exceptions:
Churches, nuroiHg homoo, and semi-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.
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deleted.
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Rooming and boarding homes provided that not
more than sixty (60) per cent of the
total floor area in one dwelling is
devoted to guest occupancy.
A garage apartment, provided it meets the
requirements specified in the definition
section and provisions have been made for
vehicle parking.
Unmanned telecommunications facilityies.
Family residential homes located within a
radius of one thousand (1000) feet of another
such family residential home.
Institutional residential homes.
PART M. AMENDMENT OF SECTION 606.02 B-3 HIGHWAY SERVICE BUSINESS
DISTRICT OF THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 606.02 (d) Special exceptions is hereby amended to add
the following:
Section 606.02(d) Special exception
Community residential homes
Institutional residential homes
PART N. ADDITION OF SECTION 719.00 (COMHUNITY RESIDENTIAL HOMES)
TO THE ZONING ORDINANCE OF EDGEWATER, FLORIDA.
Section 719.00 is hereby added to read as follows:
Section 719.00 Community residential homes
(1) Community residential homes as defined in Section 200.00
of this Ordinance shall be a permitted use in the R-4 Multi-Family
district, R-5 Multi-Family district, R-5A Multi-Family district,
and R-6 Multi-Family district subiect to the followinq conditions:
iEl When a site for a community residential home
has been selected by a sponsorinq aqency in a
mul tiple-famil y zoninq district I the aqency
shall notify the City Manaqer and Director of
Community Development in writinq and include
in the notice the specific address of the site,
the residential li~ensinq cateqory, the number
of residents, and the community support
requirements of the proqram. Such notice shall
also contain a statement from the district
administrator of the Department of Health and
Rehabilitative Services indicatinq the need for
and the licensinq status of the proposed
community residential home and specifyinq how
the home meets applicable licensinq criteria
for the safe care and supervision of clients
in the home. The district administrator shall
also provide the most recently published data
compiled that identifies all community
residential homes in the district in which the
proposed site is to be located. The Director
of Community Development shall review the
notification of the sponsorinq aqency in
accordance wi th applicable zoninq requirements.
iQl Pursuant to such review, the Director of
Community Development may:
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ill Determine that the sitinq of the
community residential home is in
accordance with applicable zoninq
requirements and approve the. si tinq.
If the sitinq is approved, the
sponsorinq aqency may establish the
home at the site selected.
1..;Lil Fail to respond within sixty (60)
days. If the Director of Community
Development fails to respond within
such time, the sponsorinq aqency may
establish the home at the site
selected.
(iii) Deny the sitinq of the home.
~ The Director Community Development shall not
deny the si tinq of a community residential home
unless the Director of Community Development
establishes that the sitinq of the home at the
site selected:
ill Does not otherwise conform to
existinq zoninq requlations
~plicable to other multiple-family
uses in the area.
1..;Lil Does not meet applicable licensing
criteria established by the Depart-
ment of Health and Rehabilitative
Services, includinq requirements
that the home be located to assure
the safe care qnd supervision of all
clients in th~-h.ome~_
(iii) Would result in such a concentration
of community residential homes in
the area in proximity to the site
selected, or would result in a
combination of such homes with other
residences in the community, such
that the nature and character of the
area would be substantially altered.
A home that is located wi thin a
radius of one thousand two hundred
(1,200) feet of another existinq
community residential home in a
multiple-fqmily zoninq district
shall be an overconcentration of
such homes that substantially alters
the nature and character of the
area. A home that is located wi thin
a radius of five hundred (500) feet
of an area of sinqle-family zoninq
substantially alters the nature and
character of the area~
1..Q.l All distance requirements shall be measured
from the nearest point of the existinq home or
area of sinqle-family zoninq to the nearest
point of the proposed home.
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....
.....,
111 Upon receipt of the written notice from the sponsorinq
aqencv p~~ovided for in (1) above, the City Manaqer shall notify the
City Council of the pendinq aPRlicatio~_ The Dire~tor of Community
Developrnent shall....t.-.l!.i thin tweXltv (20) days .of th() 1:"e~~ipt of the.
application, review thg_~JiLication and p~ovi~~ the Council and thg
applicant with a w.r.~tten decision outlin.inq reasons for the
decision. Ei ther the Counc.t.1 ox: the armlJcant may ap12eal the
decision of the Direc.tor of Conununi tv ..Q.evelQ,pmelYt by notifvinq the
City Manaqer within ten.-U.Q..L days trom the (tate of the Director's.
decision. The City Manaqer shall schedule th_e decision .for review
bv the Council at the _next av~ilaJ2.l.!Lmee.t1-I!:.9!_
PART O.
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 P. 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 provision thereof shall be held to be inapplicable
to any person, property, or circumstances, such holding shall not
affects its applicability to any other person, property, or
circumstance.
PART Q.
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 0 through S shall not be codified.
PART R.
EFFECTIVE DATE.
This ordinance shall take effect on April 7, 1992.
PART S.
ADOPTION
After Motion by Councilman Jones and Second by Councilman
Hays, the vote on the first reading of this ordinance held on March
16, 1992, was as follows:
Mayor Tanya B. Wessler
Councilman Kirk Jones
Councilperson Louise Martin
Councilperson NoraJane Gillespie
Councilman Michael Hays
Aye
Aye
Aye
Aye
Aye
After Motion by Councilperson Gillespie and Second by
Councilman Hays, the vote on the second reading of this ordinance
was as follows:
Mayor Tanya B. Wessler
Councilman Kirk Jones
Councilperson Louise Martin
Councilperson NoraJane Gillespie
Councilman Michael Hays
Aye
Aye
Aye
Aye
Aye
PASSED AND DULY ADOPTED this 6th day of April, 1992.
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ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Ey_
Ta a S. WeSeler
Mayor
APPROVED FOR FORM
AND CORRECTNESS: �i_� A, 'uin //
Erista A. Store
City Attorney
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Underlined passages are added.
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