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83-O-1ORDINANCE NO. 83-0-1 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 82-0-19 ADOPTED JUNE 6, 1982, AND ENTITLED "AN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE CITY COUNCIL" BY REPEALING SAID ORDINANCE IN ITS ENTIRETY AND RE-ENACTING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL SHOULD CON- SIDER AND APPROVE THE ISSUANCE OF ALL APPLICA- TIONS FOR HOME OCCUPATIONAL LICENSES CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND DISPENSING WITH PUBLICATION AND THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF THE CITY COUNCIL WHEREAS, the City Council of the City of Edgewater, at a duly constituted special meeting of December 9, 1982, elected to remove from the Board of Adjustments the authority to grant home occupational licenses and revested this power with the City Council as previously provided for by Section 11-2 of the Code of Ordinances of the City of Edgewater; and WHEREAS, there are pending applications which must be considered as soon as possible in order not to cause a hardship to the applicants; NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: Section 1. That this Ordinance is declared to be an emergency Ordinance and the requirements of publication and reading on two separate dates are hereby waived. Section 2. That Ordinance 82-0-19 is hereby repealed and Section 11-2 of the Edgewater Code of Ordinances is hereby re-enacted to read as follows: (*Additions in text indicated by underline; deletions by strikeeats) "It shall be unlawful for any person described in Section 11-1 to engage in or manage any business, profession or occupation in the city unless he holds a current occupational license to do so, which license shall be issued by the city clerk after the city clerk, with the concurrence of the building official, has determined that the issuance of said occupational license will be in conformity with the zoning ordinances of the city, and upon pay- ment of the license tax required therefor. Provided, however, no license for a business relating to the sale, processing, serving or canning of foods, the building to house same being under construction, shall be granted until the plans for construction thereof have been approved by the county health department and the city council. Provided further, the application for licenses for home occupation must be initin+lp approved by the Begird-ef Adjugtments city council and shall be reviewed each year by the Beard council prior to renewal of said home occupational license." Section 3. All ordinances, or parts of ordinances, and all resolutions, or parts of resolutions, insofar as they are inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance, is declared in- valid, the remaining provisions of this Ordinance shall not be affected. Section 5. That this Ordinance shall take effect immediately upon its adoption by at least a two-thirds vote as an emergency measure by the City Council. The first reading of said Ordinance, as well as the second reading of said Ordinance, was held at the regular meeting of the City Council on the 3rd day of January, 1983, and was adopted thereby. Roll call vote on Ordinance 83-0-1 as follows: YES Mayor Counci an / FIRST READING oun un* . an Coun(�c/illma'v Cou ilma M Mayor V I� s /L <_ C unci man Q(UND READING Counc'iamaW Id Councilor Cou ilman ATTEST: City Cle c Approved this ay of 1983.A.D. Mayor