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2012-O-07 ORDINANCE NO. 2012-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21-36.03 (OUTDOOR STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On April 2, 2012, Council adopted Ordinance #2012-0-01 which amended and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory and Prohibited Uses). 5. Adoption of this Ordinance will modify Article III (Permitted, Conditional, Accessory and Prohibited Uses), Section 21-36.03 (Outdoor Storage and Display: Commercial/Industrial) of Chapter 21 (Land Development Code). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21-36.03 (OUTDOOR STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. 1 Stri'kem=ough passages are deleted. Underlined passages are added. #2012-0-07 Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses), Section 21-36.03 (Outdoor Storage and Display: Commercial/Industrial) of Chapter 21 (Land Development Code) as set forth in Exhibit "A" which are attached hereto and incorporated herein. PART B. 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 All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. 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 accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 Strike through passages are deleted. Underlined passages are added. #2012-0-07 PART F. ADOPTION. After Motion to approve by Councilwoman Bennington and Second by Councilman Kennedy, the vote on the first reading of this ordinance held on July 16, 2012 was as follows: AYE NAY Mayor Mike Thomas X Councilman Justin A. Kennedy X Councilwoman Gigi Bennington X Councilman Mike Ignasiak EXCUSED Councilman Gene Emter X After Motion to approve by U x �, �v,ru ,,ikApdj4 and Second by Ctua,,-,eta vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy X Councilwoman Gigi Bennington C.X C Awed Councilman Mike Ignasiak X Councilman Gene Emter X 3 Strike-through passages are deleted. Underlined passages are added. #2012-0-07 A 0 PASSED AND DULY ADOPTED this aD"day of , 2012. ATTEST: �)nnn.I o , (KA 'w Bonnie Wenzel CITY COUNCIL OF THE OF EDG R, DA By! Mike T mas Mayor v �AJI utCt�Yl`X, Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council- of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on thisaMay of legality by: Aaron R. Wolfe, Esquire , 2012 under Agenda Item No. City Attorney Doran, Sims, Wolfe & Kundid sa'uke-tkrengq passages are deleted. Underlined passages are added. #2012-0-07 Exhibit "A" 5 Strike-through passages are deleted. Underlined passages are added. #2012-0-07 21-36.03—Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III-3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right-of-way, utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. I. The sale, storage, or display of all products not normally found or used outdoors shall be conducted from indoor locations only. g. Outdoor display of products shall be limited to items typically associated due to their nature, size or construction with common outdoor usage or sales. Merchandise typically permitted for outdoor display include, but are not limited to: sales, display and rental of vehicles, boats and mobile homes, plant nurseries and sale of landscape materials, swimming pools and spas, lawn mowers, lawn furniture, basketball nets, volleyball equipment, Christmas trees, pumpkins at Halloween, tomato plants, harvested fruits and vegetables etc. Merchandise typically not permitted for outdoor display include, but are not limited to: indoor furniture, stoves, ranges, bathroom fixtures, clothing, bedding mattresses, etc. This section shall not apply to permitted garage/yard sales, authorized farmers/craft markets and permitted special activities/events. h. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. i. All display merchandise and related display equipment shall be removed at the close of business each day. This shall not include vehicles, boats, mobile homes, large lawn/ construction equipment and campers displayed for rent or sale. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. No outdoor display areas shall obstruct visibility triangles at intersections or at points of ingress or egress to the business. j. All new outdoor garden supply areas shall be screened from public view, the public right-of- way and incorporated into the architecture of the principle building. k. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas,newspaper machines(general circulation), shall be located indoors.