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ORDINANCE NO. 86
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AN ORDINANCE CREATING A ZONING
t CUL:IS:3'0N IN TEE TOWN OF EDGE-
WATER, FLORIDA, aZESCRIBING ITS
PO';L iS AND DUTIES AND PROVIDING At FOR THE TABL_EI:E T OF i3u ILD- To,"
ING RESTRICTIONS I_ SAID TOWN. 4' 4'
BE IT ENACTED BY THE TOWN C..UN CIL OF THE T%IN OF EDGEWATER, FLORIDA. •
SECTION 1. That the Town Council of the Town of Z.dgewater, Flo-
rida, does hereby find and declare that in order to promote the
health, safety, morals and general welfare of the said Town, it
is necessary that sai._.. Town exercise the powers conferred upon
municipalities of the State of Florida by Chapter 10539, acts of
1939, to regulate and restrict the height, number of stories and
size of buildings and other structures, the per tentage of lot
that may be occupied, the size of yards, courts ana other open
s aces and th,a location and use of buildings, .structures and land
• and water for trade, industry, residences or other :urposes.
SECTION •2. That in order to accomplish said purposes .he said
municipality shall be divided into districts of such r�L4er, shape,
and area as may be deemed best 5_ ited to. cL._•ry out the purposes
of this Ordinance and that the erection, construction, re-construc-
tion, alteration, repairs or use of buildings, structures or lands
within such districts as shall be designated shall be controlled
by regulations and restrictions to be prescribed in the manner
hereinafter }rovided.
SECTION 3. That in order to accomplish said urposes such regula-
tions shall be L=ade in accordance with a com rehensive plan and
designed to lessen congestion in the streets; to secure safety from
fire, panic , and other dangers; to promote health and she g,;neral
elfare ; to provide adecuate light and air; to _;.rev .nt tLe over
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crowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water,
sewerage , schools, parks, and other public reciuirenents. Such
regulations shall be ade with reasonable con sine_ation, among
other things, tc the character of the district and its _eculiar
suitability for _ articular uses, and with a view to conserving
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the value of buildings and encouraging the most appropriate
use of land throughout said rrunicipL.lit'_.es.
SECTIOI` 4. There is hereby const-.tuted a Commission in the
Town of dgewater, Florida, to be known as the Zoning Commission
of the Town of Edgewater, Florida, which said Commission shall
consist of three residents of said Town. That for the purposes
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cf this Ordinance the following be and they are hereby appointed
as the members of said Commission:
* . i. A Lembeck
H. L. Naughton
• T. C. 3rown
As eon er_satior_ for their services in the perfori once of the
duties herein irntosed upon them each of said Commissioners shall
be paid the sun of $ 1.00 per day for such time as is actual-
ly spent by them in connection with said: duties. In audition to
such compensation said Commission shall be re-imbursed for all
reasonable exte ises actually and necessarily incu_•red by them and
Laid out in connection with said cL ties; provided, however, that
:o ex_er:d tare a shall be made or obli _.ations incu"_'red o; said
Commission or the members thereof in an amount exceeding $10.00
except by and with the a •proval of the ?own Council of the Town
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of Edgewater, Florida, Said Zoning Commission shall within ten
(10) days from the date of the a._ proval of this Ordinance pro-
teed to meet and organize and to commence the performance of
their duties as herein designated arid, if possible, complete
their duties within a period of three onths from the date of
this C'rdinance . The members of said Commission shall hold
office until the date of the co::ipletiori of their duties; provided,
! _.owever, that the Town Council shall, if necessary, by esolution
extend the time of completion of said work; and, provided further,
that any of the members of said Commission may be removed by the
said Town Council for n egiect or omission to perform the said
duties, in which event the ;ouncil shall forthwith appoint a
successor to the Co missioner so removed.
;.;EcTior 5. I ,:, shall se the duty of said Commission tc recommend
the boundaries of the various original districts hereinbefore pro-
1 vided for and a„ropr^site regulations to be enforced therein. Such
Commission shall make 's, preliminary report and shall hold public
hearings thereon before submi :.ting its final re_ ort; which said
reports shall contain in detail the description of the districts •
so determined upon and the : egula ions and restrictions recommended
ror.each. jai such regulations so recommended shall be LL__izorm for
each class or kind of building throughout each district, but the
regulations in one district may differ from those in other dis-
tricts. Said reports shall likewise cont,-.in recommendations in
k _ conformity with the types and cur_ o:.es of restrictions enumerated
in sections 1, and 3 of this Crd_nance . Said Commis,.;ion shall
ost notices of all public hearings to be held b;. it, ,, hich such
notices shall be posted at three (3) public _,laces in said ''own,
one of Which shall be at the V.I.A. or Town Lall. Said Commission
shall hold as many public hearings as it shall deem necessary in
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order to obtain as nearly as possible the consensus of opinion.
of the residents of said Town and of p=.rcies intere .ted and
shall give at lea=_-t five days notice of its first ublic hearing.
SECTION 6. Upon the completion of its final report saic. Com-
mission shall file the sane with the Town Clerk and it shall be
the duty of said Town Clerk to present the same at the next
succeeding regular meeting of the Town Council of the sc;id Town.
Upon the presentation of sale final report the said Town Council
shall then review the sape and consider it and shall call a
public hearing in 1-elation thereto, at which learties in interest
and citizens shall have an oi c_°tunity to be heard; at least
fifteen (15) days notice of t:._e time and place of such hearing
shall be published in the said Town by _.ost_ng a cosy of such
notice at three ( ) conspicuous places within said Town, one of
i ich shall be at the V. . A. or Town Eall in said Town. If at
such public hearing so held by eaid Council it shall be determined
that additional time shall be _.ecessary to give -parties in in-
terest and citizens a full opportunity to be heard, such Council
may adjourn said hearing to a later date.
SECTION 7. After such I'; blic hearing or hearings shall have
been held by :_z..id Town Council as provided in section 6 hereof
the Town Council shall then adopt or reject the re .;ort of said
Zoning Commission or may adopt it with such modifications, correc-
tions or amendments as the Town Council shall deem necessary in
order to comply with the facts develo p ed at said public hearing
or hearings.
SECTION 8. If said report shall be adopted or if an amended
► repert be adopted by said Town Council then the said Town Council
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shall by proper Ordinance proceed to divide the maL.iipality
into dLstricts and to • establish the regulations and restric-
tior:s as shall hve been deterEined upon, and shall _�rovi�_e
for the enforce: ent of said Ordi:: .nce and such regulations
as shall be made thereunder.
Section 9. This Ordinance shall take effect irm2eaiately
upon its passage.
This Ordinance was eau a first time in full and passed by the
unanimous vote of the Town Co ..n_cil of the Tow._ of Edgewater,
Florida, at a regular meeting of said Town Council, oA the 19th
day of Larch, .1.D. 1940. ;:pon motion duly made , seconded and
unanimously carried, the re ;uireaent of reading this Ordinance
upon second reading was waived and this Ordinance was ordered
put upon its ?Anal passage at a regular t eti.ng m of the Town
Council of the To- n of Edgewater; held. the 19th day of Larch
1940. Said Ordin_nce ,:.as passed at said r g...lar meeting on
its final passage with the unanimous vote of .;he Town Council
of the '1'own df Edgewater, Piorida, and a1.proved as provided
by law this 19th day of Larch 1940, the vote of the Council
bein- as follows:
'o et
_.:ayor-Cou_icilrnan
.160S:
MAIM
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(AraLki uncilc.an
Town Clerk/�
roved this "i dcp of
Ci/e
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