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HomeMy WebLinkAboutO-2002-012 ORDINANCE NO. 2002-012 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE IV. "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS" TO ADD FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS TO THE LIST OF PERMITTED USES FOR THE C-3 "GENERAL BUSINESS DISTRICT," WITH LOCATIONAL RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 12.5 of the Code of Ordinances of the City of Dania Beach (the "City") provides for special licensing requirements for fortune tellers, palmists, clairvoyants and astrologists that wish to locate within the City, but the schedule of use restrictions in Chapter 28 (Zoning), fails to specify in which commercial zoning district these uses should locate; and WHEREAS, the City Commission has determined that it is appropriate to permit these uses in the C-3 "General Business District," with a minimum two thousand five hundred foot (2,500') spacing requirement to prevent over concentration of these uses in one location; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article IV. "District Regulations," Section 4.20 "Application of Regulations," is amended to read as follows: CHAPTER 28. ZONING ARTICLE IV. DISTRICT REGULATIONS. ORDINANCE NO. 2002-012 Section 4.20. Application of Regulations. SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USES USES EXCEPTION USES C-3 The C-3 General 1. All permitted 1. All 1. All special exception Business District is uses set forth accessory uses set forth in C-1 intended to apply to in C-1 and C-2. uses set forth and C-2. arterial streets and 2. Auto service in C-1 and C- 2. Enclosed trafficways where stations. 2. automobile service business 3. Preparation 2. One establishments but establishments of baked dwelling unit. excluding truck, trailer, primarily not of a goods, sweets motorcycle, boat, neighborhood or and recreation vehicle community service delicatessen sales, storage, display, type may properly items sold leasing, car washes, locate to serve primarily on the paint and body shops. large sections of premises. 3. Warehousing. the city and 4. Funeral 4. Wet or dry stack metropolitan area. homes. marina and related Such businesses 5. Nursing facilities, excluding generally require homes. boat manufacturing, considerable 6. Fortune subject to the following ground area, do not tellers, conditions.- cater directly to palmists, pedestrians and clairvoyants or need a astrologists conspicuous and with a City accessible location license, convenient for pursuant to motorists. Chapter 12.5, if the property line of the use is located a minimum of two thousand five hundred (2,500) feet from the property line of another such licensed use. 2 ORDINANCE NO 2002-012 Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this ordinance are repealed. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 6. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on February 26, 2002. is PASSED AND ADOPTED on second reading on March 12, 2002. APPROVED: M YOR-CO MI SIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES (51ARLENE 40J NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: THOMAO J. ANSBRO CITY ATTORNEY UASusan T\Dania Beach\Misc Land UseWortunetellers.doc 3 ORDINANCE NO 2002-012 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 03/12/02 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -FORTUNE TELLER ORDINANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM FORTUNE TELLER ORDINANCE (C-3 / C-4 DISTRICTS) HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their February 20, 2002 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date March 5, 2002 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: March 12, 2002 (Second Public Hearing) SUBJECT: Proposed Text Change Regulating Fortune Tellers, Palmists, Clairvoyants, or Astrologists in C-3/C-4 Zoning Districts APPLICANT: City Commission The City Commission has requested a text amendment regulating the location of fortune tellers, palmists, clairvoyants, or astrologers. The City Commission has previously approved fortune teller licenses at the following locations: 219 North Federal Highway (C-2 zoning) 1410 South Federal Highway (C-3 zoning) 2730 Griffin Road (B-2 zoning) Also, a fortune teller currently operates out of an existing building in the 2500 Block of Stirling Road (2001 Annexation Area - B-2 zoning). The draft ordinance, prepared by the City Attorney, would allow fortune tellers only in C-3 and C-4 districts, and then only if located at least 2500 feet apart C-3 and C-4 zoning districts are located along portions of Federal Highway, Stirling Road, Griffin Road, Dixie Highway, Dania Beach Boulevard (west of the FEC), Bryan Road, around City Hall, and at the Harbour Town Marina. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. ORDINANCE NO. N ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE ® CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE IV. "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS" TO ADD FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS TO THE LIST OF PERMITTED USES FOR THE C-3 "GENERAL BUSINESS DISTRICT," WITH LOCATIONAL RESTRICTIONS; AMENDING ARTICLE XXVI, SECTION 26.10(a) TO APPLY SIMILAR LOCATIONAL RESTRICTIONS TO THESE USES AS PERMITTED IN THE COMMUNITY BUSINESS B-2 DISTRICT.- PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter.12.5 of the Code of Ordinances of the City of Dania Beach (the "City"). provides for special licensing requirements for fortune tellers, palmists, clairvoyants and astrologists that wish to locate within the City, but the schedule of use restrictions in Chapter 28 (Zoning), fails to specify in which commercial zoning district these uses should locate; and WHEREAS, the City Commission has determined that it is appropriate to permit these uses in the C-3 "General Business District," with a minimum two thousand five hundred foot (2500') spacing requirement to prevent overconcentration of these uses in one location; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article IV. "District Regulations," Section 4.20 "Application of Regulations," is amended to read as follows: CHAPTER 28. ZONING ARTICLE IV. DISTRICT REGULATIONS. Section 4.20. Application of Regulations. ® SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL E USES USES EXCEPTION USES * * * * * * * * * * * * * * * C-3 The C-3 General 1. All permitted 1. All 1. All special exception Business District is uses set forth accessory uses set forth in C-1 intended to apply to in C-1 and C-2. uses set forth and C-2. arterial streets and 2. Auto service in C-1 and C- 2. Enclosed trafficways where stations. 2. automobile service business 3. Preparation 2. One establishments but establishments of baked dwelling unit. excluding truck, trailer, primarily not of a goods, sweets motorcycle, boat, neighborhood or and recreation vehicle community service delicatessen sales, storage, display, type may properly items sold leasing, car washes, locate to serve primarily on the paint and body shops. large sections of premises. 3. Warehousing. the city and 4. Funeral 4. Wet or dry stack metropolitan area. homes. marina and related Such businesses 5. Nursing facilities, excluding generally require homes. boat manufacturing, considerable 6. Fortune subject to the following ground area, do not tellers, conditions: cater directly to palmists, pedestrians and clairvoyants or need a astrologists conspicuous and with a City accessible location license, convenient for pursuant to motorists. Chapter 12.5, if the property line of the use is located a minimum of two thousand five hundred (2,500) feet from the property line of any other such licensed use. * * * * * * * * * * * * * * * 2 Section 2. That Chapter 28, Article XXVI. "RAVEN SWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING. REGULATION," District Regulations," Section 26.10 "Regulations adopted," is amended to read as follows: ® ARTICLE XXVI. RAVEN SWOOD-G RIM N ROAD ANNEXED AREAS ZONING REGULATION. Section 26.10 Regulations adopted. (a) That the zoning regulations of Broward County, Florida, as amended through Supplement No. 63, as listed in the schedule below, be and the same are hereby adopted by reference, which apply to the Ravenswood- Griffin Road annexed areas with the following change: Fortune tellers Palmists, clairvoyants or astrologists permitted in the Community Business (B-2) District must have a City license pursuant to Chapter 12.5 and the Property line of the use must be located a minimum of two thousand five hundred (2,500) feet from the property line of any other such licensed use. Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this ordinance are repealed. ® Section 5. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 7. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on , 2002. 2002. PASSED AND ADOPTED on second reading on , APPROVED: 3 MAYOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR FLURY VICE-MAYOR CHUNN COMMISSIONER MCELYEA CHARLENE JOHNSON COMMISSIONER BERTINO CITY CLERK COMMISSIONER MIKES APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY LlASusan T\Dania Beach\Misc Land Use\fortunetellers.doc 4 . t 16p H The Herald TUESDAY,MARCH 5,2002 BRO , CITY OF DANIA BEACH ® \ NOTICE OF PUBLIC HEARING 4. NOTICE OF ZONING CODE-CHANCE .The City Commission of the City of Dania Beach proposes to adopt the following ordinances: 4 Date: Tuesday, March 12, 2002 Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room . ' Dania Beach Administrative Center 4 100 West Dania Beach Blvd. .. - , Dania Beach, Florida 33004 AN ORDINANCE.AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE XXVI, SECTION 26.10(a) TO APPLY LOCAMONAL RESTRICTIONS TO ASTROLOGISTS, FORTUNE- TELLING, PALMISTRY AND PHRENOLOGY USES AS PERMITTED IN THE COMMUNITY �!BUSINESS (B-2), PLANNED BUSINESS (8-2A), .SPECIAL BUSINESS (B-28), GENERAL BUSINESS. (B-3) AND COMMERCIAL (C-1) ZONING- DISTRICTS; PROVIDING FOR .00ONFUCTS; PROVIDING FOR' SEVERABILITY, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (First Public Hearing) AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 27 "INDUSTRIAL- RESEARCH-OFFICE-MARINE (IROM)" DISTRICT TO • CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; AND BY AMENDING :ARTICLE-30. "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT TO CHANGE THE UST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; I :PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Second Public Hearing) =.� *AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA.BEACH, FLORIDA, BY AMENDING ARTICLE IV. "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS" TO ADD FORTUNE TELLERS; PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS TO THE . LIST. OF PERMITTED USES FOR THE C-3 "GENERAL BUSINESS DISTRICT,"WITH LOCATIONAL '. RESTRICTIONS; PROVIDING FOR CONFLICTS;. PROVIDING FOR SEVERABILITY; . FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Second Public Hearin 4 -CRY of DANIA BEACH r ARPM it ;Jm`,I 10 a This ordinance may affect properties throughout the city. For information about or to inspect the proposed amendments,contact the City's Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida,(954)924-3645 between the hours of 8:00 a.m.and 4:00 p.m.,Monday-Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed amendments. i .i In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004,(954)924-3630,at least 48 hours prior to-meeting.