219r
ORDINANCE NO. 219
AN ORDINANCE DESCRIBING RULES AND REGULA-
TIONS FOR THE FILING AND DISPOSITION OF
APPLICATIONS FOR BUILDING PERMITS, AND FOR
RECLASSIFICATION AND REZONING OF PROPERTY
LOCATED ',ilTHIN THE CITY OF EDGEWATER,
FLORIDA; DIVIDING TERRITORY WITHIN THE
CITY LIMITS OF THE CITY OF EDGEWATER,
FLORIDA, INTO USE DISTRICTS; DEFINING
CERTAIN TERMS, WORDS AND PHRASES AS USED
IN THIS ORDINANCE; PROVIDING A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE AND REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. DEFINITIONS. Certain terms, words and phrases
as used in this ordinance are herewith defined as follows:
(a) Words used in the present tense include the future; a
singular number may include the plural, and a plural the singular;
the word "lot"may include the word "plot"; the word "building" in-
cludes any structure other than a boundary fense or wall; the word
"shall" is mandatory and not directory; the word "occupied" in-
cludes the words "designed or intended to be occupied"; the word
"used" includes the words "arranged, designed or intended to be
used"; the word "person" includes the words"'corporation, association,
or partnership", or any combination of individual or corporation name.
(b) A "lot" is a parcel of land abutting one or more streets
occupied, or designed to be occupied by one main building and the
accessory buildings or uses customarily incident to it, including
such open spaces as are required by this ordinance and such open
spaces as are arranged and designed to be used in connection with '
such building. A lot may be or may not be the land shown as a lot
on a duly recorded plat.
(c) .(1 "street" shall be construed to include any thorough-
fare which has been dedicated or deeded to the public for public use.
(d) A "street line" is the dividing line b 9 It e
and the lot. "Lot lines" are the lines bounding aq of a4tot is
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herein defined. "Party lot lines" are the lines dividing two
adjacent but separately owned lots.
(a) A "front yard" is an open space within and extending the
full width of a lot between the street line and the front line of
the nearest structure on the same lot.
(f) A "rear yard" is an open space within and extending the
full width of a lot between the rear line of the lot and the rear
line of the main building on the same lot.
(g) A "side yard" is an open space within the lot between a
side line of the lot and the side line of the main building on the
same lot, extending through from the street line to the rear line
of the lot, or from the front yard to the rear yard.
(h) A "court" is an open, unoccupied space, other than a yard,
from the ground to the sky, or from an intermediate floor to the
sky, and hounded on at least two sides by the walls of a building
on the same lot.
(f) The "established grade" is the elevation of a street grade
adjacent to front of lot as fixed by the City Council.
(j) An "alley" shall be construed to include any thoroughfare
which has been dedicated or deeded to the public for use as service
entrance to abutting lots.
(k) A "building" is any structure built for the shelter,
support or enclosure of persons, animals, fowls, chattels or movable
property of any kind; and, when separated by division walls without
opening from the ground up, each portion of such structure shall be
deemed a separate building.
(1) The "height of a building" is the vertical distance
measured from the established grade line, or if there is no grade
line established or the structure is set back ten feet or more from
the street line, then from the ground level at the cente $?,� of
the building to the highest point of the roof re,
(m) An "accessory building" is a subordine e building or a
portion of the main building such as a guest hcRA, arage, pla ouse,
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barn, greenhouse, or other structure, t he use of which is accessory
to the use of the main building on the same lot.
(n) A"private garage" is an accessory building for the housing
of motor vehicles, in which no business, commercial service or
industry connected with motor vehicles is carried on.
(o) A "public garage" is any building or premises, otl-e r than
a private garage, used for the housing or care of motor vehicles or
where any such vehicles are equipped for operation, repaired or
kept for remuneration, hire or sale.
(p) A "filling or service station" is any establishment where
motor fuel, oils and greases are supplied and sold to motor vehicle
users, also where electric storage batteries are recharged and cared
for, for pay.
rq) A "family" is any number of individuals occupying a single
housekeeping unit not herein defined as a boarding house, rooming
house or hotel.
(r) A "dwelling" is a detached building, arranged, intended or
designed to be occupied by one family, or by two families living
Independently, one from the other.
(s) An "apartment house" is a building arranged, intended or
designed to be occupied by three or more families living independently
of each other, each apartment being equipped for cooking.
(t) A "hotel" is a building or other structure kept, used,
maintained, advertised as, or held out to the public to be a place
where sleeping accommodations are furnished for pay to transient or
permanent guests or tenants, in which ten or more rooms are furnished
for the accommodation of such guests, and having one or more dining
rooms or cafes where meals or lunches are served to such transient
or jermanent guests; such sleeping accommodations and dining rooms
or cafes being conducted In the same building or buLLd con-
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nection therewith shall be deemed a hotel. ° '4)
(u) A "boarding house" is any dwelling otTier than a hotel
where meals, or lodging and meals for three or pe served
for compensation.
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(v) A "rooming house" is a building, boat or other structure
designed for or having three or more rooms for rent to transients
or permanent guests.
(w) A "tourist camp" is a group of three or more houses of one
tD three rooms designed particularly for lodging of transients.
They may or may not be furnished or equipped for cooking.
(x) A "trailer camp" is a plot of ground equipped to accommo-
date two or more trailers or house cars used for living purposes,
together with sanitary facilities.
(y) A "cottage court" is a group of three or more dwellings
fronting on an open space provided for within the plot used collect-
ively for street purposes and arranged so that each dwelling is a
separate unit and that a plot on which each unit is built shall be
of an area not less than 1500 square feet, and the units shall con-
tain not less than 300 square feet of floor area.
(z) A "non -conforming use" is a use that does not comply with
the regulations of this ordinance forlhe district in which the non-
conforming use is located.
(as) A "story" of a building is that portion of the building
between the floor of the rooms on a common level, and the floor of
the rooms, or of the ceiling next above.
(bb) A "restaurant" is a building or other structure or loca-
tion, and every building or other structure or location in connection,
kept, used, maintained as, advertised as, or held out to the public
to be a place where meals or lunches are prepared, kept, or served
for pay; excepting hotel dining rooms where persons served, or to
be served, have registered previously as guests of said hotel.
(cc) A "theatre" is a room or auditorium, a building or portion
of a building designed or usedfortheatrical, vaudeville or
operatic purposes, having a permanent stage upon which movable
scenery and theatrical appliances are employed i di ,Da
moving picture theatres and airdromes, either wo
stage, or with or without movable scenery. DATE
By —
(dd) "Floor area" is the area insquare feet of the enclosed
portion of the first floor and does not intend to include screened
or open porches, terraces, or porticos.
(ee) A "porte-cochere" is a vehicle entrance with a through
drive, fully open to a height of at least % feet at both ends and
a full opening of at least 5 feet in height the full length of one
side.
(ff) "Automobile trailer" or "house car" shall be defined to
be a vehicle used as sleeping or living quarters, either mounted on
wheels or not and propelled either by its own power or by other
driven vehicles to which it may be attached.
SECTION 2. GENERAL PROVISIONS.
(a) Building Lots - Any building hereafter erected in Zones
AA -I, A-1, A-2, A-3, A-4, shall be constructed on a lot having at
least an average minimum width of 50 feet.
(b) Existing Non -Conforming Uses - If, on the 19th day of
January , 1959, any building or premises was being used, or any
building was being constructed, moved or altered under the author-
ity of a building permit in a manner or for a purpose which does
not conform with this ordinance but which is not prohibited by any
otherexisting ordinance of said city, such use, manner or purpose
may be continued, nor shall any change of title or of right to
possession affect such continuation of an existing use.
(c) Future Uses, Construction and Changes - No lot hereafter
may be put to the use, and no building or part thereof hereafter may
be erected, constructed, reconstructed, moved, repaired, extended,
converted, altered, maintained or put to use, except in conformity
with the provisions of this ordinance.
(d) Continuing Non -Conforming Buildings and Uses - Any non-
conforming use or building existing on the 19th day of January
195 , may be continued upon the lot or in th n lrpc pied,
even though the building may be partially dama o s0P# ; pro-
vided that in case a building is damaged or deyWEoy&_r *- --LL ent
that it must be rebuilt, then such new buildinBY-siraiY nn 'rm in all
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respects to the regulations prescribed by this ordinance for the
district in which it is constructed, excepting only regulations with
respect to use.
(a) Porches, Porticos and Terraces - All porches, porticos and
terraces, the floor of which is more than eight inches above yard
grade adjacent to and in front of any buioding will be considered
as a part of the building and will be required to meet any minimum
required yard.
(f) Chimney and Shafts - a chimney, smokestack, or flue may
project into any minimum required 10 foot yard or court provided
the horizontal section of the projection does not exceed nine square
feet, and does not project more than eighteen inches into said
minimum required 10 foot yard.
�/(g) Fences - The erection or construction of a fence of barbed
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wire or like material is hereby prohibited. however, orange groves
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wand farm lands may be comp le tely enclosed by an open wire fence not
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to exceed a maximum height of 5 feet, it being the intention of this
provision that the fencing of orange groves shall not be governed
by any of the preceding parts of this ordinance.
(h) Limitations on Accessory Buildings - Accessory buildings
within any district shall conform to the same minimum required party
lot line setback as the main house. Any accessory building separate
and not connected structurally with the main house shall be set back
a distance of at least 10 feet from the main house except that in
case of a private garage the above distance may be reduced to 4 feet -
(I) Corner Lot Modification - Within the limitations here-
/ inbefore recited in this section, any accessory building on a -.
corner lot within any residence, apartment house, shall be a
distance from any side street line of such lot not less than
one-half the required front yard setback on the side street,
Prescribed by this ordinance. if, however, t aces
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such side street, the accessory building on t c A. , if
occurring within twenty-five feet of such abO4* ng� be
required to set back the same distance as a IN ng such
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side street. In any residence or apartment house district, when the
rear of any corner lot abuts any lot facing on a street which is a
side street with reference to said corner lot, any accessory build-
ing on the corner lot shall not be built nearer the rear line of the
corner lot than 10 feet. `he foregoing provisions with respect to
setback lines and corner setback lines shall not apply to buildings
erected in the industrial, manufacturing and com-ercial general
business districts in the City of Edgewater, Florida, provided said
buildings are constructed of fireproof materials.
(j) Reducing Lot Areas - No lot shall be so subdivided or
reduced in area hereafter as to cause any open space required by this
ordinance to be -less in any dimension than is herein required for the
district and lot in question.
(k) Variances in Cases of Exceptional Lots - In order to avoid
undue hardship in any individual case, the Zoning Commission may
modify the requirements specified in this ordinance respecting yard
sizes where a lot is exceptionally small or irregular in shape, and
permit a single family dwelling to be erected, provided the lot was
separately owned on the 5th day of January 1959
,__y (1) Determining Lot Frontage - In case of a lot running through
from one street to another, all buildings constructed on such lot,
whether main or accessory, shall conform to the front yard require-
ments to both streets. In the case of a water front lot running
through to a street, any main or accessory building constructed on
such lot shall conform to the front yard setback requirements of such
street.
(m) Parking Facilities on Apartment House Lots - Within any
apartment house district, no building or buildings shall be used in
whole or in part for residence purposes having more than two apart-
ments, unless there be provided in the yards or premises thereof a
driveway, driveways or storage space of suffic n e tc rycc-aodate
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the parking of motor vehicles in the ratio of at ea Co e�notor
vehicle for each apartment in said building, ar%Tfdsion for
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free ingress and egress, the purpose of this provision being to
avoid undue congestion of the street. No parking shall be allowed
within five feet of any lot line.
(n) Filling or Service Station - No filling or service station
shall be erected or structurally altered in a business or industrial
district unless the same is erected or structurally altered in
accordance with plans approved by the Building Inspector or Zoning
Commission, which may require such changes therein in relation to
hard, location and capacity of tanks, pumps, buildings and construc-
tion thereof as it may deem necessary in the public interest.
(o) Light Manufacturing - Where manufacturing of any kind is
allowed as an accessory use, it shall be restricted to such light
manufacturing as is incidental to a permitted use and where the
product customarily is sold on the premises by the producer to the
consumer.
(p) Where a Non -Conforming Use is Changed or Discontinued - A
non -conforming use may be changed to a more restricted use and when
so changed it shall not be changed again to a less restricted use.
When a non -conforming use has been discontinued for a period of 120
days, it shall not be re-established and future use shall be in con-
formity with this ordinance.
(q) Interpretation Purpose - In interpreting and applying the
provisionsof this ordinance, they shall be held to be .the minimum
requirements for the promotion of the public health, safety, order,
convenience, prosperity and general welfare. It is not intended by
this ordinance to interfere with or abrogate or annul any easement,
covenant, or other agreements between parties, provided, however,
that where this ordinance imposes a greater restriction upon the use
of the building or premises or upon the height of buildings, or
requires larger open spaces than are imposed orr! required by other
laws, ordinances, rules or regulations, the or ss�
ordinance shall control. II�
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(r) Motion Picture Theatre - That no motion picture theatre
shall be erected, established, maintained or operated within 300
feet of any lot or parcel of land on which is located a church build-
ing used as a place of worship.
SECTION 3. GARAGES, FILLING STATIONS AND BUS TERMINALS. No
part of any filling station, bus terminal, or a public garage accommo-
dating more than five motor vehicles, nor any driveway, entrance, or
exit to or from the same, shall be within 150 feet of any lot line
of any plot on which is located any building used as a theatre,
auditorium, or other place of public assembly seating over one hundred
persons, or used as a church, hospital, college, school or institution
for dependents, or children, or any public playground or athletic
field.
SECTION 4. HEIGHT OF BUILDINGS EAST OF RIVERSIDE DRIVE. No
dwelling or structure of any kind shall be erected in excess of one
story in Residential Zone AA-1.
SECTION 5. YARD REQUIREMENTS.
(a) Within any Apartment House District, two side yards are
required of a combined width of at least 25% of the width of the lot,
said side yards to be of equal width; provided that the Building
Inspector may permit one side yard to be less width than the other,
but no apartment house shall be constructed within 10 feet of any
lot line nor within 15 feet of a main building existing on any
adjoining lot.
(b) Within any Business District a side yard of 10 feet width
Is required along any side lot line which serves as a bourd ary line
between that lot and any Residence or Apartment House District.
(c) Tents Prohibited - It shall be unlawful for any person,
firm, corporation or company to use at any time a tent or any other
canvas covered building for living quarters in an of�'th C y
of Edgewater, Florida. :�
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SECTION 6. USE DISTRICT CLASSIFICATION.
(a) For the purposes of this ordinance, the City of Edgewater,
Florida, is hereby divided into tiie following Use Districts of zones
designated as follows:
(1) Residence AA-1 District
(2) Residence A-1 District
(3) Residence A-2 District
(4) Residence A-3 District
(5) Industrial Manufacturing C-1 District
(6) Commercial General Business B-1 District
(7) Special Florida Shores Duplex Area A-4 District.
_--.4 (b) The boundaries of each of the above designated districts are
shown on the map on file in the City Hall of Edgewater,Florida, and
made a part of this ordinance by reference, which is designated as
the Zoning Map of the City of Edgewater, Volusia County, Florida.
The said map and all notices and references shown upon it shall
be and are as much a part of this ordinance as if the map, notices
and references were all fully described herein, and for the purpose
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of defining the various use districts, the said map has been colored
as follows:
(1) Residence AA-1 District is colored black
(2) Residence A-1 District is colored red
(3) Residence A-2 District is colored brown
(4) Residence A-3 District is colored yellow
(5) Industrial Manufacturing C-1 District is colored blue
(6) Commercial General Business B-1 District is colored
green
(7) Special Florida Shores Duplex Area A-4 District is
colored orange.
setbacks
✓ (c) The dimensions, distances-and/of said districts are as
indicated on the aforesaid map made a part hereof b ry�,�re
Rpim.
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DATE
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SECTION 7• USE DISTRICTS CLASSIFIED.
(a) Residence AA-1 District Uses. Within any Residence AA-1
District, no building or premises shall be used in whole or in part
for any industrial, manufacturing, trade or commercial purposes, or
for any other than the following specified purposes:
(1) Single detached dwellings - Used as a residence by
not more than one family.
(2) Private garage or other accessory building customarily
incident to any use permitted in this section and provided that
no such accessory building shall be occupied for resident pur-
poses by other than a servant or domestic employee of the owner
or tenant of the premises.
(3) No main building shall be constructed with a fully
enclosed floor area of less than 1200 square feet exclusive of
built in garages, porches, breezeways and the like. Said floor
area is to be determined by outside measurements.
(4) The front minimum setback line for buildings in said
district shall be 40 feet from the lot line nearest Riverside
Drive as per official zoning map hereinbefore referred to.
^1 (b) Residence A-1 District Uses. Within any Residence A-1
District, no building or premises shall be used in whole or in part
for any industrial, manufacturing, trade or commercial purpose or
for any other than the following specified purposes:
(1) Single detached dwellings - Used as a residence by
not more than one family.
(2) Private garage or other accessory building custom-
arily incident to any use permitted in this section, provided
that no such accessory building shall be occupied for resident
purposes by other than a servant or domestic employee of the
owner or tenant of the premises.
(3) No one story main building shall be constructed with
a fully enclosed first floor area of less t4ffn O S ,pd!r!�f t
' „) Ar
/exclusive of built in garages, porches, breed a- - :
like. No two story main building shall be constructed with a
fully enclosed first floor area of less than 700 square feet
exclusive of built in garages, porches, breezeways and the like,
and a total area of both floors of not less than 1200 square
feet. Said floor area is to be determined by outside measure-
ments.
(4) The front minimum setback line for buildings in said dis-
trict shall be 40 feet from the lot line nearest Riverside
Drive.
(c) Residence A-2 District Uses. Within any Residence A-2
District, no building or premises shall be used in whole or in Dart
for any industrial, manufacturing, trade or commercial purpose or for
any other than the following specified purposes:
(1) Single detached dwellings used as a residence by not
more than one family.
(2) Multiple family dwellings - include apartment houses.
(3) Private garage or other accessory building customarily
Incident to any use permitted in this section and garage apart-
ments or other rental units with a minimum area of 400 square
feet.
(4) No one story main building shall be constructed with
a fully enclosed first floor area of less than 800 square feet
exclusive of built in garages, porches, breezeways and the like.
No two story main building shall be constructed with a fully
enclosed first floor area of less than 600 square feet exclusive
of built in garages, porches, breezeways and the like. And a
total area of both floors shall be not less than lM square feet.
(5) No multiple family or dwelling with more than one
unit shall be constructed with a fully enclosed first floor area
of less than 400 square feet per unit. All of said areas men-
tioned in this section shall be computed and determined out-
side measurements. 4VV1 ^3
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DATE
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(6) The setback lines for Residence A-2 District are as
follows:- A minimum of five feet setback each side line and
rear lot line, the front setback line shall be 25 'feet measured
frin the front lot line to that portion of a building nearest
the street. Any building constructed on a corner lot in this
J district shall have a minimum setback from the side line of lot
nearest the street of 15 feet, other setbacks being the same as
aforesaid.
(d) Residence A-3 District Uses. Within any Residence A-3 �w
District, no building or premises shall be used in whole or in part I'
for any industrial, manufacturing, trade or commercial purpose, or
for any other than the following specified purposes:
(1) Single detached dwellings used as a residence by not
more than one family.
(2) Multiple family dwellings - include apartment houses.
(3) Private garage or other accessory building customarily
incident to any uses permitted in this section and garage apart-
ments or other rental units with a mimimum area of 400 square
feet.
(4) No one story main building shall be constructed with
a fully enclosed first floor area of less than 700 square feet
exclusive of built in garages, porches, breezeways and the like.
No two story main building shall be constructed with a fully
enclosed first floor area of less than 500 square feet exclusive
of built in garages, porches, breezeways and the like, and a
total area of both floors of not less than 800 square feet.
(5) No multiple family or dwelling of more than one unit
shall be constructed with a fully enclosed first floor area
of less than 440 square feet per unit. Said area is to be de-
termined by outside measurements.
�. (6) The setback lines for Residence AV F7r' W s
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follows:- A minimum of five feet set back e V, .�-�' nd
rear lot line, the front setback line shall p�t 25 feet a—++ ed
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from thefront lot line to that portion of a building nearest
the street. Any building constructed on a corner lot in this
district shall have a Minimum setback from the side line of lot
nearest the street of 15 feet, other setbacks being as aforesaid.
(e) Special Florida Shores Duplex Area A-4 District Uses. With-
in any Special Florida Shores Duplex Area A-4 District, no building
or premises shall be used in whole or in part for any industrial,
manufacturing, trade or commercial purpose, or for any other than
the following specified purposes:
(1) Duplex houses used for residential purposes only.
(2) No duplex shall be constructed with a fully enclosed
first floor area of less than. 00 quare feet exclusive of built
in garages, porches, breezeways and the like. Said area is to
be determined by outside measurements.
(f) Commercial,. General Business B-1 District Uses. Within any �C
.commercial, General Business B-1 District, no building or premises
shall be used in whole or in part for any industrial or manufacturing
purposes 6r for any other than the following specified purposes:
(1) Any use permitted in any residential district, hotel
without restrictions as to transient guests or merchandising
activities, public restaurant or other eating place, exert a
lunch wagon, "diner", roadstand, or other eating place of
similar type.
(2) Light manufacturing as hereinbefore defined in this
ordinance and also light manufacturing of goods intended for
wholesale purposes. Retail store, public garage, filling or
service station, office, business or vocational school, bank,
assembly hall and theatre, commercial greenhouse, billiard room,
gymnasium or athletic establishment, bowling alley, shoe shop,
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barber shop, beauty parlor, hand bakery, s p IS,
electrician or similar tradesman, florist, d cl`fe"nZ),
laundry and used car lot, all provided thatBkf thee+*
stores or shops no merchandise shall be carBY.e4--etisT-Ma�tthat in-
tended to be sold for retail on the premises. That only electric
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or other noiseless, smokeless or odorless motive power be used
for operating any machinery used incidentally to a permitted
use. Light manufacturing may be prohibited if the City Council
finds from the nature of each application that the same will
constitute a nuisance, but each application for light manufactur-
ing shall be considered on its own merits with respect to the
qualities of the particular manufacturing business to be carried
on.
(3) All buildings constructed in this district shall be
constructed of masonry material as to side walls.
(4) All structures built or constructed in this district
shall have at least a minimum width of 20 feet and a minimum
depth of 30 feet-
(5) That no junk yard, automobile graveyard, or similar
endeavor be permitted unless the same is maintained and operated
within the industrial and manufacturing district of the City of
Edgewater, Florida.
9 (g) Manufacturing and Industrial C-1 District Uses. In a
/manufacturing and industrial district, all buildings and premises
may be used for any purpose permitted in any other district as regu-
lated by this ordinance, also for any other lawful trade, industry,
or use, except the following which are hereby prohibited:
(1) Cement, lime or plaster of paris manufacture.
(2) Chlorine or hydrochloric, nitric, picric, sulfuric
or sulfuris acit manufacture.
(3) Distillation of bones.
(4) Fat, Tallow or lard rendering.
(5) Fertilizer manufacturing.
(6) Glue, size or gelatin manufacture. ,�/�
(7) Hair factory. f-
(8) Petroleum refining.
(9) Potash manufacturing.from kelps.DATE�--.�--.—r---"-�-
(10) Reduction of garbage offal, dead Ban m-alsor refuse.
(11) Slaughterhouse.
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(12) Stockyards.
(13) Tannery.
(14) Wholesale storage of gasoline, gas and other explosive
liquids, gases or powder.
(15) Any other trade, industry or use of similar nature
which is, or is likely to be come, objectionable by reason of
the emission of dangerous, unwholesome, foul, nauseous or offen-
sive gases, odors or fumes, or danger of explosion.
(h) Special Regulations.
(1) Trailers. No person or persons shall be permitted to
live in or park a trailer on any lot within the City of
Edgewater, Florida, unless the trailer is in a recognized and
licensed trailer park.
SECTION 8. PROHIBITION OF ANIMALS.
(a) The keeping and maintenance of bees, hogs, pigs, swine,
horses, donkeys, mules, sheep, goats, geese, guinea fowls and all
like fowls except chickens, hereby is prohibited within the corpor-
ate limits of the City of Edgewater, Florida.
(b) After the passage of this ordinance, the keeping and main-
tenance of chickens within the city limits of Edgewater, Florida,
shall be permitted only after written permission of every occupant
residing within 200 feet of said chickens is filed with the City
Clerk of the City of Edgewater, Florida.
(c) All ChicUens permitted to be kept and maintained as set
forth in Section (b) above shall be maintained within a wire en-
closure and kept in a sanitary condition.
(d) The raising of dogs for commercial purposes or for sale
within the corporate limits of the City of EdgeVOR,
rf,
hereby is prohibited.
SECTION 9. ENFORCEMENT. This ordinance 1A*a1-.b.e--$dm1trts`Cered
and enforced by the Building Inspector through troper legal
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channels. He shall in no case grant any permit for the const'ruction
or alteration of any building and he shall not grant any certificate
of occupancy in respect to any building where the construction,
alteration or use thereof would be in violation of any provisions
of this ordinance.
SECTION 10. APPLICATION FOR BUILDING PERMIT. All applications
for buildi[p permits, whether for new construction, alteration or
repair, shall be signed by the owner or agent of the property,
accompanied by a plat in duplicate drawn to scale showing distances
in figures and the actual dimensions and legal description of the
lot to be built upon, all buildings, if any, existing upon said lot,
the exact size and location on the lot of the buildings to be erected,
and stores and alleys adjacent and such other information as may be
necessary for the proper enforcement of this ordinance, and submitted
to the City Clerk, together with payment of a fee computed as follows:
(a) If the permit be for the construction of a residence or
building within a residence district,the cost of such permit shall
be $3.00 per thousand of the actual cost of construction computed
on the basis of not less than $5.00 per square foot of floor space.
(b) If the pz rmit be for commercial building, the cost of
such permit shall be $3.00 per thousand of the actual cost of con-
struction computed on the basis of not less than $5.00 per square
foot of floor space.
(c) If the permit be for an industrial building, the cost of
such permit shall be $3.00 per thousand of the actual cost of con-
struction computed on the basis of not less than $2.50 per square
foot of floor space.
(d) On all buildings, structures or alterations requiring
�� \as
building permit as set forth in this section, the al-.,yei�alb
as required at the time of filing application in ac rda a wj �h the
following schedules: DATE
__—
(1) Where the valuation does not exceed $ .00III6 , no fee
shall be required unless an inspection is necessary, in which
case there shall be a fee of $1.50.
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(2) For commercial and residence buildings having a valua-
tion over $100.00 up to and including $15,000.00, the fee shall
be $3.00 per thousand or fraction thereof.
(3) For residence and commercial buildings having a valua-
tion of $15,000.00 up to and including $100,000.00, the fee
shall be $45.00 for the first $15,000.00 plus $2.00 for each
additional $1,000.00 or fraction thereof.
(4) For the moving of any building or structure, the
fee shall be $10.00.
(5) For the demolition of any building or structure, the
fee shall be $4-00.
(6) The minimum permit for a new residence shall be $15.00.
(7) Industrial buildings, regardless of ialue, shall be
computed as set forth above.
(a) If, in the opinion of the Building Inspector, the valuation
of building, alteration or structure appears to be underestimated
on the application, the permit shall be denied unless the applicant
can show detailed estimated cost to meet approval of the inspector.
SECTION 11. PROCEDURE. Upon an applicant's receiving a valid
building permit, he may commence construction and as soonas the
footing is dug, he may have it inspected by the building inspector
and upon its being passed by the Building Inspector, he will then be
permitted to pour the same; the second Inspection shall be made when
the building is under roof and plubing and electrical installations
are roughed in; the main building inspection being passed, the
builder may proceed to finish the building.
SECTION 12. ZONING COMMISSION. The Zoning Commission hereby
is empowered to act as a Board of Adjustment. I sDeA
e f
this board to consider at any regular meeting of t r
special meeting called for the purpose, the writ tgp�I�e:
BY
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applicant for special permission to deviate from the above zoning
code. If the Zoning Commission should find in their opinion that
such request is in harmony with the general purpose and intent of the
above zoning code, they shall then file their findings and recommenda-
tions in written form with the City Council. The aforesaid findings
and recommendations are not binding on the City Council, but only
advisory, provided, further, that in order that the City Council be
able to overrule these findings and recommendations there must be a
four -fifths vote in favor of such overruling.
(a) Sfhouli the Building Inspector refuse a building permit,
the applicant therefor shall have the right to appeal in writing
to the Zoning Commission, who at a public hearing shall give the
applicant an opportunity to be heard. The Zoning Commission then
shall file its findings and recommendations in writing with the
City Council. The above mentioned four -fifths vote of the City
Council is necessary to overrule findings of fact and recommenda-
tions of the Zoning Commission.
SECTION 13. CHANGE IN CLASSIFICATION. Any person owning
property located in the City of Edgewater, Florida, desiring to
effect a change In the classification thereof as prescribed and
limited under the Zoning Ordinance of the City of Edgewater, Florida,
or amendments thereto, shall proceed in the following manner, to -wit:
Such person shall file with the City Council of the City of Edgewater,
Florida, at any regular session thereof, or with the City Clerk of
the City of Edgewater, Florida, during his office hours, a petition
directed to the City Council of the City of Edgewater, Florida, where-
in the property sought to be reclassified shall be described fully
and accurately. Such description shall set for eim""7 0, e` s
located on said property, and if any improvements afted thereon,
at least one photograph shall accompany such pet�o4n._-46ach p petition
shall set forth the classification desired by th P rown� such petition
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shall state in short and concise language the reason of the petitioner
In seeking the reclassification of such property, and shall be signed
by the owner of the land or some person duly authorized by such
owner to sign such petition. The authority authorizing a person
other than the owner to sign such petition shall be attached to
and accompany such petition. Each petition shall be accompanied
by a payment of $$2.50 to be placed in the General Fund of the City
of Edgewater, Florida.
SECTION 14. METHOD DF HANDLING PETITION FOR CHANGE IN CLASSI-
FICATION. Whenever such petition is presented to the City Council
of the City of Edgewater, Florida, said City Council shall refer
such petition to the Zoning Commission who shall present to the City
Council at its next regular meeting thereof or at any special meeting
called for that purpose, its findings and recommendations concerning
the disposition of such petition; the findings and recommendations
of the Zoning Commission are not binding upon the City Council but
advisory, only, provided, further, that in order for the City Council
to overrule the findings and recommendations of the Zoning Commission,
a four -fifths vote of the City Council is necessary.
SECTION 15. REFERENCE OF PETITION FOR REZONING BY CITY COUNCIL
TO ZONING CO?JMISSION. Upon reference of a petition for rezoning
by the City Council to the Zoning Commission, the Zoning Commission
shall call a public hearing of the abutting property owners in
accordance with the following:
(a) If less than a city block be involved, where the portion
petitioned for rezoning is a corner, the owners of the property for
one block on both sides of the intersecting streets from thiLt
most be notified as more particularly set forth herei to <+
(b) If less than a city block be involved, where the portion
petitioned for rezoning is not a corner, owners of thenTpropert
6Y_
along the street on which the petitioned property lies for a dis-
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tance of 300 feet in both directions from the property sought to
be rezoned must be notified as more particularly set forth herein-
after.
(c) If a city block or more is involved, the owm rs of the
property lying for a depth of one block surrounding the property
aught to be rezoned must be notified as more particularly herein-
after set forth.
1 At least fifteen days notice of time and place of such
hearing as above set forth shall be published in a newspaper of
gneral circulation, in the City of Edgewater, Florida.
SECTION 16. VIOLATIONS AND PENALTIES FOR ANY AND EVERY VIOLA-
TION OF THE PROVISIONS -OF SECTION 1 THROUGH 15 INCLUSIVE OF THIS
ORDINANCE. The owner, contractor or other person interested as
lessee, tenant or otherwise in any building or premises where
such violation has been committed or shall exist and who refuses
or neglects to abate such violation within five days after a
written notice has been served upon him either by mail or personal
service shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall, for each and every violation, be subject to a fine of
not more than $100.00 or imprisonment in the City Jail for a term
of not more than thirty days, or both, at the discretion of the
Municipal Judge before whom a conviction may be had. Each and every
day that such violation continues after such notice shall be considered
a separtte and specific violation of this ordinance, and not a con-
tinuing offense.
SECTION 17. Should any word, syllable, phrase, section or
paragraph of this ordinance be held unconstitutional for any reason,
the same shall not invalidate any other part of this ordinance.
�'ua' vp
SECTION 18. That all ordinances or parts m ingnc,e"? i con-
flict herewith be and the same hereby are repeal
DATE _------
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SECTION 19. That this ordinance shall take effect immediately
after its passage and approval by the Mayor.
The above ordinance was read in full and passed by vote of the
City Council of the City of Edgewater, Florida, at a regular meeting
held on the 19th day of January, 1959.
Upon motion duly made, seconded and carried, the requirement
of reading said ordinance upon second reading was waived and the
ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater,
Florida, at a regular meeting of said council held the 19th day of
January, A. D. 1959, and approved as provided by law, the vote of
said council on roll call being as follows:
Approved this 19th day of January, A.D. 1959.
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