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ORDINANCE 84-0-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFj�/
EDGEWATER, FLORIDA AMENDING ARTICLE III, SECTIONS
14-31, 14-32, 14-33 AND 14-34 OF THE CODE OF ORDINANCES
OF THE CITY OF EDGEWATER, FLORIDA, BY INTEGRATING
THE ZONING COMMISSION AND THE PLANNING COMMISSION
INTO ONE SINGLE ENTITY 0 B- CNNOWN AS THE "EDGEWATER
ONING PLANNING AND ZPROVIDING FOR
MEMBERSHIP; POWERS, DUTIES AND PROCEDURES; SPECIFICALLY
REPEALING ORDINANCE 82-0-3 WHICH ESTABLISHED THE
EDGEWATER ZONING COMMISSION AND THE EDGEWATER
PLANNING AGENCY; CONTAINING A REPEALER PROVISION;
A SEVERABR.ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida at a regular
scheduled meeting of November 7, 1983 approved the combining of the Planning
and Zoning Commissions in the best interest of the health, safety and welfare of
the citizens of the City of Edgewater, Florida and
WHEREAS, the City Council of the City of Edgewater, Florida acts pursuant
to Article VIII, Section 2 of the Constitution of the State of Florida and Chapters
163, 166 and 177 of the Florida State Statutes.
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA.
SECTION 1. Sections 14-31 and 14-32 of the Code of Ordinances of the City
of -Edgewater, Florida are hereby amended to read as follows:
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Section 14-31 Edgewater Planning and Zoning 6erfl�aiss+en.
(A) There is hereby established within the City of Edgewater, Florida
the Edgewater Planning and Zoning Commission hereafter referred to as the "Commission".
(B) The Planning and Zoning Commission is designated as the "Local Planning
Agency" within the meaning of Chapter 163.3161, Fla. Stat., et seq., known as the
Local Government Comprehensive Planning Act of 1975 (LGCPA). It shall maintain
the elements of the Edgewater Comprehensive Plan required in Chapter 163.3177,
Fla. Stat., and any other appropriate elements, and shall make recommendations
regarding the Edgewater Comprehensive Plan to the City Council. It shall have the
general responsibility for the conduct of the Comprehensive Planning Program. It
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shall perform any other duties assigned by the City Council, and may prepare and
recommend to the City Council any other proposals to implement the Edgewater
Comprehensive Plan.
SECTION 2. Sections 14-33 and 14-34 of the Code of Ordinances of the City
of Edgewater, Florida are hereby amended to read as follows:
(A) The Commission hereby created shall consist of seven (7) members. The
jurisdiction of the Commission shall be through out the incorporated area of the City of
Edgewater, Florida. It shall have the following membership, powers, duties, responsibilities
and limitations:
(1) The Commission shall have seven (7) members appointed at the pleasure of
the City Council for a term of three years. Initial appointments, however,
shall be staggered. No elected official or employee of the City Government
shall be appointed to serve on the Commission.
(2) Each Commission member shall reside within the City of Edgewater, Florida.
In the event an appointed member moves outside the City of Edgewater,
a vacancy shall be deemed to exist. Any vacancy occurring during the unexpired
term of office of any member shall be filled by the City Council for the
remainder of the term. The vacancy shall be filled within 30 days from the
time it occurs. Any member of the Commission may be removed from office
at the pleasure of the City Council after due notice. awwc
(3) The Commission shall elect a Chairman and Vice Chairman from among
its members. The City of Edgewater, Florida shall provide all clerical „ A,
assistance. Members shall serve without compensation but may be reimbursed f
for expenses incurred in the performance of their duties.
(4) The Commission shall meet at regular intervals, and at such other times
as it may deem necessary, for the transaction of its business. It shall adopt
written by-laws and keep a properly -indexed public record of its resolutions,
transactions, findings and recommendations. A quorum shall be 4 members.
No recommendations for approval of any application may be made unless
xmembers concur. The Commission shall make frequent reports on its business
Vt to the City Council.
leThe Commission shall have all the duties and responsibilities to them pertaining
as a Zoning Commission and LocalPlanning Agency as set forth and provided for
under the constitution and laws of the State of Florida and the charter, ordinances
and resolutions of the City of Edgewater and also the Commission shall:
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(a) Hold such public hearings that it shall deem necessary to acquire
adequate information.
(b) Determine whether land development orders and land development
regulations are consistent with the Edgewater Comprehensive Plan.
(c) Make recommendations regarding amendment of the Edgewater official
zoning map.
(d) Make recommendations regarding amendment of the Edgewater Comprehensive
la 11
(e) Coordinate continuous and ongoing planning program, making periodic
studies and reports regarding proposals for the future development of
the City.
(f) The Commission shall review, approve, or attach conditions for approval
of all site plans required to be approved pursuant to Section 715.02 of
the Edgewater Zoning Code or other applicable requirements of the zoning
ordinance, land development regulations or Comprehensive Plan.
(g) The Commission shall review requests for special exceptions and shall
make recommendations regarding same to the Board of Adjustment.
(h) The Commission shall review requests for municipal annexation or contraction
and shall also make recommendations regarding applications for vacations
of publicly dedicated land. The Commission is also authorized and accredited
by the City Council for the purpose of approving subdivision plats pursuant
to Chapter 177, Florida Statutes, and performing all functions prescribed
by the subdivision ordinance.
W The Commission shall hear applications from the City Council, any depart-
ment or agency of City government, or from any person * (see definition
of person) for amendment to the zoning ordinance and zoning map, land
development regulations or Edgewater Comprehensive Plan. If the proposed
amendment relates to a specific area of land, it shall be heard only if
it is presented by the person owning 51% or more of the land.
SECTION 3. Ordinance 82-0-3 is hereby repealed and all other ordinances or
parts of ordinances and all resolutions, or parts of resolutions in conflict herewith be
* Person - An individual, firm, association, organization (whether social, fraternal or
business), partnership, joint venture, trust, company, corporation, receiver, syndicate,
or other group or combination acting as a unit.
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Ci
and the same are hereby repealed.
SECTION 4. If any section, part of a section, paragraph, clause, phrase, or
word of this ordinance is declared invalid, the remaining provisions of this ordinance
shall not be affected.
SECTION A This ordinance shall take effect immediately upon its adoption
by the City Council of the City of Edgewater, florida and approval as provided by law.
This ordinance was introduced by � _S ��'CA�
This ordinance was read on first reading and passed by a vote of the City Council of
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the City of Edgewater, Florida at a .. e &jeQncmeeting of said Council held
on the J�,u day of �`�, 1�98`4 and approved as provided by law.
The second reading of this ordinance to be at a nn %&Lgyy meeting of the City
em Council of the City of Edgewater, Florida to be held on the ay ofn,
1984.
ROLL CALL VOTE ON ORDINANCE NO. 8441-3 AS FOLLOWS:
FIRST READING
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COIfNCILMAN - ZONE ONE
OUN AN -LONE TWJ
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COUNC M N - ZqNE THREE
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C CIL AN = Z NE FOUR 7--
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SECOND READING
71IN O,
COUNCILMAN
E , i.,ZONE •
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UlI. 1.°
!,:„. dinance read and adopted on second reading at a meeting
of the City Council of the City of Edgewater, Florida and authenticated this /r 6k day
of 1984.
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