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ORDINANCE NO. 104
AN ORDINANCE DIVIDII:G THE AREA CF THE TOWN
CF EDGE 'IATER, FLORIDA INTO CERTAIN ZONES OR
DISTRICTS FOR TRADE, INDUsT?IAL AND RESIDEP:TIAL
PURPOSES, CR : TING A BOARD OF ADJUSTMENT, DE-,
FINING ITS POWERS AND AUThORITY, PROVIDING FOR G
THE ENFORCET: I:r C. Z '.i ORDINANCE AND P ESCRIB-
ING PENALTIES FOR THE VIOLATION Th aL0F. l,:
1E. REAS, The Town Council of the Town of Edgewater,
�icr Florida did by Ordinance ,o. 86 pursuant to Chapter 19539,
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1 4.� o La:;'s of Florida, Acts of 1939 create a Zoning Commission in
(. 6 ,a`� ' the Town of Edgewater, Florida, and
tl.ERE�iS, the said Tow Council did in and by said Grdin-
ance find and declare that in order to promote the health,
y, ,- safety, moral* and general welfare of the said 'Town, it is
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it A'A'V` necessary that said Town exercise the powers conferred upon
1. \3�- municipalities of the State of Florida by Chapter 19539,
q\': Acts of 1939, and
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o ANN A5 WHEREAS, the said Town Council does hereby further find
and declare that it is necessary that the provi .ions of said
Ordinance i°o. 86 be carried out for the purposes therein
specified, and
WHEREAS, the Zoning Commission created in and by Oruin-
ance No. 86 did meet and did consider the question of zoning
said Town of Edgewater into business, residential, trade and
industrial districts and did hold public hearings as authorized
so to do , after due and proper notice to the citizens of the
said Town, and did make and file its reports co the Town Council
of the Town of Edgewater, Florida as required by said Ordin-
ance and by said Chapter 19539, Acts of 1939 , and
WHEREAS, said reports were duly considered by the Town
Council of the Town of Edgewater, Florida at regular meetings
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of said Town Council after due and legal notice to the
citizens of said Town as prescribed by said Chapter 19539,
Laws of Florida, and
WHEREAS, the said Zoning Commission anu the said Town
Council of the Town of Edgewater, Florida have complied with
the provisions of the said Chapter 19539 and said Ordin-
ance 1:o . 86 of said Town of Edgewater, Florida, as. will
appear from the reports of said Zoning Commission on file
in the public records of said Town and by the minutes of
the meetings of the said Town Council of said Town duly
recorded and approved,
NOW THEREFORE, B E IT ORDAINED BY ThE TOWN COUNCIL
OF T E TOWN OF EDGL'JATER, FLO.,IDA s
Section 1. That the Town of Edgewater, Florida be and
the same is hereby divided into districts for the pmrposes
and with the restrictions herein stipulated, to-wit :
A. The following areas shall be limited to struc-
tures and uses of a business or residential nature onlys
District 1. On the east side of Ridgewood
Avenue 150 feet south of Hamilton Drive for a
point of beginning and thence south to Knapp Avenue.
District No. 2. Beginning on the west side of
Ridgewood ewood ►venue at the Garbody C: nal thence south
to Knapp avenue.
District Io. 3. Beginning on the east side of
Ridgewood avenue at the south side .>f Lamont street
thence southerly to the north side of New Hampshire
Avenue.
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District i o. zi., Beginning on the west side of
idgewood avenue at the south line of Lot 23 of
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Assessor' s Sub of the G. Alvarez Grant thence to
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lthe north line of the Edgewater cen etary.
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B. The following areas shall be open to purposes of
an industrial, business and residential natures
District uo. 1. All of =railroad ztreet.
District ; o. 2. All property west of the Florida
Nast Coast Railway right-of-way.
C. The following districts in said Town shall be un-
restricted:
D_st ict . ). 1. All that area on the east side of
( a dgewood j.ven_ue lying south of the south line of
Lot 16 in .:endall's Sub-division in hawk's Park.
District h;o. 2. All that area on the west side of
Ridgewood Avenue lying south of the south line of
Lot 28 of :endall's Sub-division of Hawk' s Park.
D. The depth of the restricted area described in
Clauses A and B of this- section shall be one hundred fifty
(150 ' ) feet.
E. All properties not included within the districts
above designated shall be limited to residential uses only.
section 2. No business or manufacturing structures
shall be erected or maintained nor shall any property be
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used for business or manufacturing purposes in the area
specified in Clause E of Section 1 of this Crdinance.
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section 3. No manufacturing or industrial plant
shall be constructed or established in the districts de-
scribed in Clauses A and E of section 1 of this Ordinance,
nor shall any property in said Districts be used for such
• purposes.
•section 4. No property shall be used as a junk yard
or for the carrying on of junk business in any part of the
Town of Edgewater excepting that area lying west of the
right-of-way of the Florida East Coast hailrray.
• Section 5. No advertising signs shall hereafter be
erected or maintained except only in Districts 1, 2, 3
and 4 of Clause A, Section 1, 1 and 2 of Clause li, section
1 of this Ordinance and 1 and 2 of Clause C, Section 1
and ne commercial bill boards or sign boards shall be
erected at any Place whatsoever within the corporate limits
of the Town of Edgewater; provided however that existing
signs shall be allowed to remain through the period of
time covered by any existing contract therefor, not to ex-
teed one year from the date of the passage of this Ordin-
ance. io sign of any kind whatever shall be placed on any
property in the Town so as to obstruct the clear vision of
the approach to any highway from any connecting street.
Section 6. That no improvements shall be made by the
Town of Edgewater, Florida to any recreational center, amity
park or City dock before any like improvements are made to
the Town owned property adjacent to and north of the Vil-
lage Improvement Association or Town hall.
Section 7. No person or persons other than of the
Caucasian race shall be permitted to use and occupy any
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property in any of the areas described in Section 1 of
this Ordinance excepting that sub-division lying in the
westerly end of Park Avenue known as Benoit' s Sub-division;
provided however this Section shall not be deemed to ex-
clude any servants residing on the property of their em-
_ployers.
section 8. None of the provisions of this Ordinance
shall be deemed or taken or interpreted to abrogate , limit
or qualify or in anywise limit any existing restrictions
contained in recorded deeds or other recorded instruments.
Nothing in this Ordinance shall be deemed or interpreted
to forbid the operation and maintainence of any business
or manufacturing plant no existing or in operation in the
said Town of Ldgewater, Florida.
Section 9. The term "business" as used in this Ordin-
ance shall be defined to mean only trade , mercantile or
personal service and shall not include processional occupa-
tions but shall include tourist camps and Places of amuse-
ment for which admission fees are charged.
Section 10. There is hereby created a Board of Ad-
justment which .all consist of five _embers, all of whom
shall serve for a term of three years from the date of
their appointment and who shall be removable for cause by
the 'sown Council of the Town of Ldgewater, Florida upon
written charges filed with said Town Council and ,after a
public hearing thereon held by said Council. Vacancies
[ shall be- filled by the Town Council for the unexpired term
of any member whose term becomes vacant.
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Section 11. L. A. Lembeck, Ldward J. Ryan, dilliam
Allen, A. B. 4ilkinson and J. J. Baumgartner, be and they
are hereby a:.pointed as the members of said Board of Ad-
justment, who shall take office when this Ordinance becomes
effective. Succeeding Board members shall be designated by
Council by Aesolution.
,Action 12. Said Board of Adjustment shall have the
1 following powers and duties : •
(a) Said Board of Adjustment shall meet and organ-
ize within ten days from the date of the approval
of this Crdinance and shall elect one of its members
as Chairman and one of its members as secretary. :;aid
Board shall adopt rules of procedure in accordance
with the provisions of this Ordinance and Chapter
19539, Acts of 1939 and shall provide for the time
and place of holding regular and special meetings
all of which said meetings shall be open to the pub-
. lic.. The secretary of said Board shall keep minutes
of its proceedings showing the vote of each member
upon every question, or if absent or failing to vote
indicating such fact , and shall keep records of its
examinations and all other official actions, all of
which shall be immediately filed and shall be a pub-
lic record.
} (b) Any member of said Board may act as Chairman
in the absence of the duly chosen Chairman.
(c) The Chairman or in his absence the acting Chair-
man may administer oaths and may compel the attendance
of witnesses by due process therefor placed in the
Lands of the Town Marshal.
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(d) The Board shall recommend from time to time to
the Town Council such changes and additions as it
may deem proper to the regulations, restrictions and
boundaries of the districts specified in this Crdin-
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ante, which such changes or additions shall only be
made after the procedure is followed as provided by
Section 7 of Chapter 19539, Laws of Florida, pact of
1939, or any amendment thereof.
(e) Said Board of Adjustment may in appropriate
cases make special exceptions to the terms of this
Crdinance , but before doing so said Board shall first
;give 15 days public notice of the time and place of
hearing which such notice shall be posted at three
public places within the Town of Ldgewater, Florida,
one of which shall be at the V. T. A. or Town Mall
,1' and no such special exception shall become eft'ective
unless approved by the Town Council of the Town of
.'deuater by resolution duly adopted.
(f) said E3oard shall have the power to determine
whether any proposed structure or building shall be
erected in the respective districts defined in Section
1 hereof in the manner provided by Section 13 of this
Ordinance.
(g) Said Board shall make such recommendations from
time to time to the 'own Council as it may deer: proper r
for the stimulation of building, residential, business
and industrial, for the prevention of fire and the im-
provement of sanitation.
(h) Said Board shall conduct surveys at regular inter-
vals for the purpose of determining what action may be
taken by the Town Council or the citizens of the Town
wx to stimulate the development of said To.�an.
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Section 13. Before issuing any building permit, it
shall be the duty of the Town Clerk of the Town of Ldgewater,
Florida to furnish to the slid Board a copy of the application
therefor if the structure is to cost r`ifty Dollars or more ,
within twenty-four hours after the receipt of same.
Upon receirot of such copy of said application the said
3oard of Adjustment shall meet and inquire into the purpose
for which such structure is to be erected. Said Board of
Adjustment shall consider such application within twenty-
four hours after its receipt and shall conduct its hearing
thereon within five days thereafter unless the time of
such hearing be extended for good and sufficient cause. In
connection with said hearing said Board shall have the power
to take into consideration the opinions of adjacent property
owners, the type and cost of improvement and shall take such
evidence as it shall deem necessary to a ?roper determination
of the question or questions raised in connection therewith.
Said Board shall immediately after said hearing or consider-
ation report its findings and recommendation to the Town
Clerk.
:section 14. The members of the Board of Adjustment
j shall serve without compensation. They shall be compensated
' for any and all expenses necessarily and reasonably incurred
in the performance of their duties. All bills for such ex-
penses shall be submitted to the Town Council after having
been first approved by the Board oi' Adjustment and accom- •
panied by notation to that effect under the signature of
the Chairman or secretary of said Board.
Section 15. Nothing in this Ordinance shall be deemed
or interpreted to prevent the Town Council from proceeding
by injunction or other legal remedy on its own volition or
motion to enforce the provisions of any sections of this
[...—.04ii. _ _ . ____ •S Ordinance.
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Section 16. It is hereby declared to be an offense
punishable in the Layor's Court of the Town of Ldgev ater,
Florida for any person, firm or corpora .ion to erect or
maintain any business or structure in violation of any of
the provisions of this ordinance or to interfere with the
Town Marshal, the oard of Adjustment, the Town Council or
any other officer of the Town of Edgewater, r'lorida in the
performance of the duties imposed upon them or any of them
by this Ordinance.
erection 17. Any person who shall violate any of the
provisions of this Ordinance shall upon conviction in the
Mayor's Court of the Town of adgewater, r'lorida be punished
by a fine not exceeding c004"4" dollars or by imprison-
ment not exceeding _ J t?sT_Y days or by both such fine
and imprisonment in the discretion of said Court.
section 18. All Ordinances or parts of Lrdinances in
conflict herewith be and the same are hereby repealed.
erection 19. This Ordinance shall tare effect immediate-
ly upon its passage by the Council and approval by the Mayor.
• This Ordinance was read a first tir:e in full and passed
by the unanimous vote of the Town Council of the Town of
Edgewater, Florida, at a regular meeting of said Town Council
on the 20th day of January, 1942.
Upon motion duly made , seconded and unani. ously carried,
the requirement of reading this Ordinance upon second read-
ing was waived and this Ordinance was ordered put upon its
final passage at a regular meeting of the Town Council of
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the Town of Edgewater, held the 20th day of January, 1942.
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Said Ordinance was passed at said regular meeting upon its
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final passage with the unanimous vote of the Town Council
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of the Town of 3dge,,ater, Florida, and approved as pro-
vided by law this 20th day of January, 1942, the vote of
the Council being as follows:
1 -Counc il:nan j�
Councilman /
our_ci '
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''3y� .^��Jw�l •
1 %
rIt
OF
-r ': Town Clerk
Approved this 20th day of January, 41. D.
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