8ORDINANCE NO. $
AN ORDINANCE DESCRIBING RULES AND REGULATIONS
FOR THE FILING AND DISPOSITION OF APPLICATIONS
FOR BUILDING PV=T, AND FOR RE-CLASSIFICATION
AND RE -ZONING OF PROPERTY LOCATED WITHIN THE
CITY OF EDGEWATER, FLORIDA; DIVIDING TERRITORY
< WITHIN TIE CITY LIMITS OF THE CITY OF EDGEWATER
& rz INTO USE DISTRICTS; DEFINING CERTAIN TERMS, WORDS
-Q, AND PHRASES AS USED IN THIS ORDINANCE; PROVIDING
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH.
X
G)BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLCRIDA:
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 single number
may include the plural, and a plural the singular; the word "lot" may in-
clude the word "plot"; the word "building" includes any structure other than
i
a boundary fence or wall; the word "shall" is mandatory and not directory;
1
'aXc,r/the word "occupied" includes the words "designed or intended to be occupied";
dyr� the word "used" includes the words "arranged, designed or intended to be used";
7 the word "person" includes the words "corporation," "association" or "partner-
ship," or any combination of individual or corporation name,
(b) A "lot" is a parcel of land abutting one or more streets occupied,
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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
r4 in connection with such building.
as a lot on a duly recorded plat.
A lot may be or may not be the land shown
(a) A "street" shall be construed to include any thoroughfare which has
been dedicated or deeded to the public for public use.
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(d) A "street line" is the dividing line between the street and the lot.
"Lot lines" are the lines bounding a lot as a lot is 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 exten g
of a lot between the street line and the front line of then es aU
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on the same lot.
(£) 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 bounded on at least
two sides by the walls of a building on the same lot.
(i) 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 struc-
ture is set back ten feet or more from the street line, then, from the ground
level at the center front of the building to the highest point of the roof
structure.
(m) An "accessory building" is a subordinate building or a portion of the
main building, such as a garage, playhouse, barn, greenhouse or other structure,
the we 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, other than a private
garage, used for the housing or care of motor vehicles or wh re h Thigles
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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.
(q) A "family" is any number of individuals occupying a single house-
keeping 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.
(a) 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 accommo-
dations 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 permanent guests, such sleeping accommodations and dining
rooms or cafes being conducted in the same building or buildings in connection
therewith, shall be deemed a hotel.
(u) A "boarding house" is any dwelling other than a hotel where meals, or
lodging and meals for three or more persons are served for compensation.
(v) "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) "Tourist camp" is a group of three or more houses of me to three rooms
designed particularly for lodging of transients. They may or may not be furnished
or equipped for cooking.
(x) "Trailer camp" is a plot of ground equipped to accommodate two or more
trailers or house cars used for living purposes, together with sanitary facilities.
(y) "Cottage court" is a group of three or more dwellings fronting on an
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open space provided for within the plot used collectively for street purposes
and arranged so that each dwelling unit 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 contain not less than 300 square feet of floor area.
(z) A "non -conforming used is a use that does not comply with the regula-
tions of this Ordinance for the 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) ^Restaurantu is a building, or other structure or location, 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 moms, where persons
served, or to be served have previously registered as guests of said hotel.
(cc) "Theatre" is a room or auditorium, a building or portion of a building
designed or used for theatrical, vaudeville or operatic purposes, having a
permanent stage upon which movable scenery and theatrical appliances are employed;
including also moving picture theatres and airdromes, either with or without a
stage, or with or without movable scenery.
(dd) "Floor areal) is the area in square feet of the enclosed portion of the
first floor and does not intend to include screened or open porches, terraces,
or porticos.
(as) ePortecocherell is a vehicle entrance with a through drive, fully open
to a height of at least 7 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 mounted on wheels and propelled either by its own
power or by other power driven vehicles to which it may be attached.
Section 2: GINIItAL PROVISIONS.
(a) Building lots — Any building hereinafter erected in Zones A-1 and A-2
a
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shall be constructed on a lot having at least an average minimum width of
50 feet.
(b) Existing Non -Conforming Uses — I£ on OZ r" day of e _ , ,_ ry,ri
any building or premises was being used, or any building was being constructed,
moved or altered under the authority 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 other existing 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 thereafter may be
put to the use and no building or part thereof hereafter may be erected, con-
structed, reconstructed, moved, repaired, extended, converted, altered, main-
tained 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 21- tP' day of Z:� _ , y�i , may be continued
upon the lot or in the building so occupied even though the building may be
partially damaged or destroyed; provided, that in case a building is damaged
or destroyed to the extent that it must be rebuilt, then, such new building
shall conform in all 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 building 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, smoke stack, 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) Walls, Fences, and Steps — The requirements of this Ordinance respecting
-�` yards and courts shall not apply to any necessary retaining wall or steps nor to
any fence or wall which is less than 3 feet high.
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X(1) To avoid obstructing free flow of air to any adjoining
building, no wall shall obtain a maximum height as set forth
below,
V (as) A height in excess of three feet is hereby prohibited
for any fence, open trellis, hedge or shrubbery row extending
across the front of any lot and also extending back a distance
of 50 feet on either side line,
i (bb) A height in excess of five feet for wire fence, open
trellis, shrubbery row or hedges is hereby prohibited except
as herein specifically set forth in the preceding section,
7:J, (cc) All fences constructed of concrete block or any other
OFi�N/in/eSe.t` I
Jes as q.+e &a, solid material or its like are hereby limited to a maximum
height of three feet,
(h) Limitations on Accessory Buildings — No accessory building within
any district shall be over two stories high and shall conform to the same
minimum required party lot line set back as the main house. Any accessory
building separate and not connected structurally with the main house shall
be set a distance of at least ten feet away from the main house, except that
in case of a private garage, the above distance may be reduced to four feet,
providing that no wall of the garage parallels the adjoining wall of the
main house for a distance of more than four feet,
(i) Corner Lot Modification — Within the limitations hersinbe£ore recited
in this Section, any accessory building on a corner lot within any residence,
apartment house or local business district shall be a distance from any side
street line of such lot not less than one half the required front yard set back
on the side street, prescribed by this Ordinance. If, however, an abutting lot
faces such side street the accessory building of the comer lot, if occurring
within twenty-five feet of such abutting lot, shall be required to set back the
same distance as a building facing such side street. In any residence or apart-
ment house district when the rear of any comer lot abuts any lot facing on a
street which is a side street with reference to said ��corner lot, any accessory
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building on the corner lot shall not be built nearer the rear line of the
corner lot than ten feet.
(j) Reducing Iot Areas -- No lot shall hereafter be so subdivided or
reduced in area 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 require-
ments specified in this Ordinance respecting yard sizes where a lot is ex-
ceptionally small or irregular in shape, and permit a single family dwelling
to be erected, provided, the lot was separately owned on the V- u" day of
(1) Determining Lot Frontage — In the case of clot running through from
one street to another, all buildings constructed on such lot, whether main or
accessory, shall conform to the front yard requirements of 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 re-
quirements 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 apartments unless there be provided in
the yards or premises thereof a driveway, driveways or storage space of suffi-
cient area to accommodate the parking of motor vehicles in the ratio of at
least one motor vehicle for each apartment in said building, and with provision
for 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
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in relation to yards, location and capacity of tanks, pumps, buildings and
construction 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 is customarily 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 again be changed 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 conformity with this Ordinance.
(q) Interpretation Purpose — In interpreting and applying the pro-
visions of this Ordinance, they shall be held to be the minimum require -
went 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 agree-
ments 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 or re-
quired by other laws, ordinances, rules or regulations, the provisions of
this Ordinance shall control.
(r) That no motion picture theater shall be erected, established, main-
tained or operated within 300 feet of any lot or parcel of land on which is
located a church building 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 accommodating 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 i3ace of public assembly seating over
one hundred persons, or used as a church, hospital, college, school or institu-
tion for dependents, or children, or any public playground or athletic field.
-S-
Section 4: HEIGHT OF BUILDINGS.
(a) Except as specified in this Section, no building shall be erected
in excess of the following heights:
Within any Residence District, 25 feet,
Within Apartment House Districts, 25 feet,
Within General Business Districts, 25 feet.
It is the intention of the foregoing restrictions as to height to insure
that a maximum uniform height of twenty-five feet for all buildings will be
observed in the City of Edgewater.
Section 5: YARD REdUIREM.ENTS.
(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 of 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 boundary line between that lot and any
Residence or Apartment House District.
(c) Tents Prohibited — It shall be unlawful for any person, firm, corpora-
tion or company to use at any time a tent or any other canvas -covered building
oil living quarters in any part of the City of Edgewater.
Section 6: USE DISTRICT CLASSIFICATION.
(a) For the purposes of this Ordinance, the City of Edgewater is hereby
divided into the following Use Districts of zones designated as follows:
(1) Residence A-1 District
(2) Residence Art District
(3) General Business B-1 District
(4) Manufacturing and Industrial C-1 District
(b) The boundaries of each of the above designated districts are shown
uka 04=
0 A,J upon the map on file in the City Hall of Edgewater, Florida, and made a part
of this Ordinance by reference which is designated as a f&nilr fWie
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City of Edgewater, Volusia County, State of Florida.
The saidmap 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 Hilly described herein, and for the purpose of clearly
defining the various Use Districts said map has been colored as follows:
(1) Residence A-1 District is colored red.
(2) Residence A-2 District is colored yellow.
(3) General Business B-1 District is colored green.
(4) Manufacturing and Industrial C-1 District is colored blue.
(c) The district boundary lines are intended generally to follow street
s rRER�^=
lines, alley lines, existing lot lines, the mean water level of streets or
ponds or railroad right-of-way lines as indicated on the Zoning Map; but
where a boundary line does not coincide with such line, its location or re-
lation to another boundary line is indicated on said map by means of figures
expressing distance in feet from a street line or other boundary line.
Section 7: USE DISTRICTS CLASSIFIED.
(a) Residence A-1 District Uses. Within any Residence A-1 District no
�RJiNN✓d.':
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 purposes by other than a servant
or domestic employee of the owner or tenant of the premises.
(3) No one-story main building shell be constructed with a Hilly enclosed
first floor area of less than 900 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 leas than
700 square feet exclusive of built-in garages, porches, breezeways and
the like, and s total area of troth floors of n hays- .4iOF:' feet.
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(4) The front minimum set -back line for buildings in said district
shall be 40 feet from the lot line nearest Riverside Drive.
(b) Residence A-2 District Uses. Within any Residence A-2 District
no building or premises shall be used in whole or in part for any industrial
manufacturingp 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 house.
(3) 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 purposes by other
than a servant or domestic employee of the owner or tenant of the
premises.
(4) No one-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. 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 dwellings with more than one unit shall
be constructed with a fully enclosed first floor area of less than
300 square feet per unit.
(6) The aet-back lines for Residence A-2 District are as follows:
A minimum of five feet set -back from each side line
and rear lot line, the front set -back line shall be
twenty-five feet measured from the front 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 set -back from the side line of
lot nearest the side street of £i.fteen
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set -backs being the same as aforesaid.
(a) General Business B-1 District Uses.
(1) Within any General Business District no building or premises
shall be used in whole or in part for any industrial or manufacturing
purpose or for any other than the following specified purposes.
(a) Any use permitted in Residence A-1 District and A-2 District,
hotel without restrictions as to transient guests or merchandising
activities, public restaurant or other eating place except a
lunch wagon "diner", roadstand or other eating place of similar
type.
/y MfNO.ED 3y — (b) Retail store, public garage, filling or service station,
D .tO/HN n/CC Y.
/.. office, business or vocational school, bank, assembly hall and
theaters, commercial greenhouse, billiard rooms, gymnasium or
athletic establishment, bowling alley, shoe shop, barber shop
or beauty parlor, florist shop, confectionary, butcher shop,
hand bakery, shop of a plumber, electrician or similar tradesmen,
all provided that in the permitted stores or shops no merchandise
shall be carried other than that intended to be sold or re-
tailed on the premises; that only electric or other noise-
less, smokeless or odorless motive power be used for operating
any machinery used incidentally to a permitted use and that
no one shop or establishment shall more than three horse-
power be employed in operating such machinery, but not in -
it arch k'e K b
i6o cluding the machinery commonly considered as building equipment. Dr�P�>,unce
Y
� d( (c) All buildings constructed within this said district shall
a
N� n have a minimum set -back of 75 feet from the center line of
' Ridgewood Avenue as it is now established.
(d) All buildings constructed in this district shall be con-
structed of masonry material, as to side walls.
(a) 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.
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(f) That no commercial dry-cleaning plant or establishment or
laundry shall be maintained or operated from any place of busi-
ness,location or establishment in the City of Edgewater, Florida
unless the same shall be in an industrial district or manufacturing
district,
(g) That no "used car lot" or "junkyard" or their like be permitted
unless the same is maintained and operated within the industrial and
manufacturing district of the City of Edgewater, Florida,
(d) Manufacturing and Industrial 0-1 District Uses. In a Manufacturing
and Industrial District, all buildings and premises may be used for any purpose
permitted Residence A-1, Residence A-2 and General Business B-1 as regulated
by this Ordinance, also for any other lawful trade, industry or use except the
following, which are hereby prohibited.
(1) Cement, line or plaster of Paris manufacture.
(2) Chlorine or hydrochloric, nitric, pioric, sulfuris or sulfuric
acid manufacture.
(3) Distillation of bones.
(4) Fat, tallow or lard rendering.
(5) Fertilizer manufacture,
(6) Clue, size or gelatin manufacture,
(7) Hair Factory.
(8) Petroleum refining,
(9) Potash manufacture from kelps,
(10) Reduction of garbage offal, dead animals or refuse,
(ll) Slaughterhouse,
(12) Stockyards.
(13) Tannery.
(14) Wholesale storage of gasoline, gas and other explosive liquids,
gases or powders.
(15) Any other trade, industry or use of similar nature which is, or is
likely to become, objectionable by reason of the emission of dangerous,
unwholesome, foul, nauseous or offensive gases, odors or fumes, or danger
of explosion.Sn��
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(e) Special Regulations
(1) Trailers. No person shall be permitted to move or transport
a,trailer onto a lot in Districts A-11 A-2 and B-1 withinthe
City of Edgewater, Florida until sanitary facilities have been
installed and a building permit secured for a building to be
/ erected on the aforesaid lot; provided further that no trailer
shall be permitted to remain on any lot longer than a period
of fifteen days unless actual construction covered by the afore-
said building permit be commenced within fifteen days from the
issuance of the permit as aforesaid; and provided further that
no trailer be permitted to remain on any lot within the afore-
said districts for a period longer than 120 days inclusive of
the aforesaid period of fifteen days.
(2) No person or persons shall be permitted to live in or park
a trailer on a lot in Districts A-1, A-2 and B-1 within the City
of Edgewater, Florida unless the trailer is in a recognized and
licensed trailer park, provided further that this section shall
not prohibit a person from parking a trailer for storage on a
lot on which he resides.
Section 8: PROHIBITION OF ANIMALS.
(a) The keeping and maintenance of news, hogs, pigs, swine, bees,
goats, geese, guineas and all like fowl except chickens is hereby prohibited
within the corporate limits of the City of Edgewater, Florida, except in
Manufacturing and Industrial District C-1.
(b) After the passage of this Ordinance, the keeping and the maintaining
of chickens within the corporate limits of the City 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.
(c) All chickens permitted to be kept and maintained as set forth in
Section "b^ above shall be maintained within a wire enclosure and kept in a
sanitary condition.
DATE
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(d) The raising of dogs for commercial purposes or for sale within the
corporate limits of the City of Edgewater, Florida is hereby prohibited.
Section 9: ENFORCEV=.
(a) This Ordinance shall be administered and enforced by the Building
Inspector through the proper legal channels. He shall in no case grant any
permit for the construction or alteration of any building, and he shall not
grant any certificate of occupancy in respect+o any building where the
proposed construction, alteration or use thereof would be in violation of
any provision of this Ordinance.
Section 10: APPLICATION FOR BUILDING PEPTUTS. All applications for
r .
building permits shall be signed by the owner or agent of the property
9.
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 existing, if any, 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 that may be necessary for the
proper enforcement of this Ordinance and submitted to the City Clerk; and
by the payment of a fee computed as follows:
(a) I£ the permit is for the construction of a residence or a building
within the residential district, the cost of such permit shall be One Dollar
01.00) per thousand of the cost of construction computed on the basis of
Seven Dollars ($7.00) per square foot of floor space; if the permit be for
a commercial building, the cost of such permit shall be One Dollar ($1.00)
per thousand of the cost of construction computed on the basis of Five Dollars
W.GO) per square foot of floor space.
11 (b) An application for a permit to build or install a septic tank shall
be accompanied with the am of One Dollar Fifty Cents ($1.50).
Section 11: PROCEDURE. Upon an applicant receiving a valid building
permit, he may commence construction and as soon as the footing is dug, he
must have it inspected by the Building Inspector, and uponlring'psssed
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by the said Building Inspector, he will then be permitted to pour the same;
the second inspection shall be made when the building is under roof and
plumbing and electrical installations are roughed in; the aforesaid inspection
being passed, the builder may proceed to finish the building.
Section 12: CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or
permit the use of any building or part thereof hereafter constructed, changed,
altered, enlarged wholly or in part, until a certificate of occupancy shall
have been applied for and issued by the Building Inspector. An application
for a certificate of occupancy shall be made in duplicate upon a form supplied
by the Building Inspector and accompanied by such other plans or information
as may be required by the Building Inspector, and by a payment of a fee of
✓ Twenty-five Cents ($.25). In case the Building Inspector should decline to
issue a certificate of occupancy, his reasons for so doing shall be stated
on one copy of the application, and that copy returned to the applicant, who
may appeal from the decision of the Building Inspector to the Zoning Commission.
Section 13: ZONING COM,1ISSION. The Zoning Commission is hereby empowered
to act as a Board of Adjustment. It is the purpose of this Board to consider
at any regular meeting of the said Board or special meeting called for the
purpose the written request of any applicant for special permission to deviate
from the above Zoning Code. If the said Zoning Commission should find in their
opinion such request in harmony with the general purpose and intent of the
above Zoning Code, they shall then file their findings and recommendations
in written form with the City Council. The aforesaid findings and recotmnenda-
tions are not binding on the City Council, but only advisory provided further
that in order that the City Council be able to overrulethesefindings and
recommendations there must be a four -fifths vote in favor of such overruling.
(a) Should the Building Inspector refuse a building permit, the applicant
thereof 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 shall then file their findings and reconmtenda iopting
with the City Council. The above mentioned Povr tw -fifth e f y =oil
�.o
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is necessary to overrule findings of fact and recommendations of the Zoning
Commission.
Section 14: That any person owning property located in the City of Edge-
water, 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 persons 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, therein the property sought to be re-classified
shall be fully and accurately described. Such description shall set forth the
improvements located on said property, and if any improvements are located
thereon, at least one photograph shall accompany such petition. Such petition
shall set forth the classifications of the property therein described as of
the date said petition is filed, and the new classification desired by the
owner; such petition shall state in short and concise language the reason of
the petitioner in seeking the re-classification 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 must be attached to and accompany such petition. Each
petition shall be accompanied by a payment of Two Dollars Fifty Cents ($2.50)
to be placed in the general fund of the City.
Section 15: Whenever such petition is so presented to the City Council,
the 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 con-
cerning 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 f £
the City Council is necessary. 57.
QATE �'
BY�
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Section 16: Upon reference of a petition for re -zoning 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, and where the portion
petitioned for re -zoning is a corner, the owners of the property for one
block on both sides of the intersecting streets from that corner must be
notified.
(b) I£ less than a city block is involved, and where the portion peti-
tioned for re -zoning is not on a corner, owners of the property along the
street on which the petition property faces for a distance of 300 feet in
both directions from the property petition must be notified.
(c) If a city block or more is involved, the owners of the property
lying for a depth of one block surrounding the property petition must be
notified.
The ownership of the abutting properties shall be determined by the City
Clerk, who shall then notify the owners by U. S. Mail the date and purpose
of the Zoning Commission meeting at least ten days in advance so that he
,may be represented in person or by proxy.
�4� A Section 17: Violations and penalties for and every ation of the
^� provisions of Sections 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 One Hundred
Dollars (0100.00) 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 con-
viction may be had. Each and every day that such violation continues after
such notice shall be considered a separate and specific violation of this
Ordinance, and not as a continuing offense.
DRTE�
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Section 18: That all ordinances or parts of ordinances in conflict
herewith be, and the same are, hereby repealed.
Section 19: This Ordinance shall take effect immediately upon its
passage and approval by the Mayor.
The above Ordinance was read in full and passed by the
vote of
the City
Council of the City
of Edgewater, Florida at a regular
meeting
on the zC 'Mu
day of December, A.
D. 1951.
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 the vote of the City Council of the City of Edgewater, Florida,
at a regular meeting of said Council held on the 2L ra' day of December,
A. D. 1951 and approved as provided by Law, the vote of said Council on
roll call being as follows:
P
Councilma (/7J�
Approved this ' tdday of . Q _ , A. D. 1951.
mayor
DAZE
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