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Home My WebLink AboutO-2002-017 ORDINANCE NO. 2002-017 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 LOCATIONAL RESTRICTIONS TO FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS AS PERMITTED IN THE BROWARD COUNTY COMMUNITY BUSINESS (B-2), PLANNED BUSINESS CENTER (B-2A), GENERAL BUSINESS (B-3), AND COMMERCIAL (C-1) DISTRICTS; 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 Broward County "Community Business" (B-2), "Planned Business Center" (B-2A), "General Business" (B-3), and "Commercial" (C-1) districts 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, Article XXVI. "RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION," District Regulations," Section 26.10 "Regulations adopted," is amended to read as follows: 1 ORDINANCE NO. 2002-017 ARTICLE XXVI. RAVENSWOOD-GRIFFIN 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), Planned Business Center (B-2A), General Business (B-3), and Commercial (C-1) zoning districts 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 iparts 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 March 12, 2002 PASSED AND ADOPTED on second reading on March 26, 2002. 2 ORDINANCE NO. 2002-017 ED: ; R09JRT H. CHUNN, JR. MAY R-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES wtw�4� COMMISSIONER MCELYEA -ABSENT r ARLENE JO ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY -YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: THOM S J ANS RO CITY ATTORNEY LlASusan T\Dania Beach\Misc Land Use\fortunetellers.doc • 3 ORDINANCE NO. 2002-017 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 03/26/02 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 - PROPOSED AMENDMENTS (BROWARD COUNTY ZONING DISTRICTS - B-2, 13-2A, B-3 AND C-1) 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 19,2002 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 26, 2002 (Second Public Hearing) SUBJECT: Proposed Text Change Regulating Fortune Tellers, Palmists, Clairvoyants, or Astrologists in Broward County B72, B-2A, B-3, and C-1 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 — Broward County B-2 zoning). The draft ordinance would allow fortune tellers in the following Broward County zoning districts: Community Business (B-2), Planned Business Center (B-2A), General Business (B-3), and Commercial (C-1); and then only if located at least 2,500 feet apart. The Broward County Business Districts are located primarily along Griffin and Stirling Roads (west of 1-95), Ravenswood Road, and State Road 84. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. • CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF ZONING CODE CHANGE i'he City Commission of the City of Dania Beach proposes to adopt the following ordinances: Date: Tuesday, March 26, 2002 Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 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 LOCATIONAL RESTRICTIONS TO FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS AS PERMITTED IN THE BROWARD COUNTY COMMUNITY BUSINESS (B-2), PLANNED BUSINESS CENTER (B-2A), GENERAL BUSINESS (B-3), AND COMMERCIAL (C-1) DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Second Public Hearing) (Insert Dania City Map here) 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 accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these oceedings 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. Any person who decides to appeal any decision made by the Dania Beach City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Technician Publish: Tuesday, March 19,2002 %page Ad—Broward Herald CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING 4 NOTICE OF ZONING CODE CHANGE The City Commission of the City of Dania Beach proposes to adopt the following ordinances: Date: Tuesday, March 26, 2002 Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 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 LOCATIONAL RESTRICTIONS TO FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS AS PERMITTED IN THE.BROWARD COUNTY COMMUNITY BUSINESS (B-2), PLANNED BUSINESS CENTER (B-2A), GENERAL BUSINESS (B-3), AND COMMERCIAL (C-1) DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. j (Second Public Hearing) CITY OF DANIA BEACH BOUNDARY MAPV. - ., 1 AIRPORT ~--�� y J4 � f _—_ ..�—i•-�t---ice .{-1.__�y1 ,;}j±`:- .., - Griffin R , .t,., �. + `.�: tttt • '�- _ l� �*•.� %_'`� +__ram-...____. ., 7, -1 _---_---_ ----._--i it•fi#T,-'r'::+:ii+riTF��---�-"}';+ . r�------_.__r. r ..;.-:,F=,+'i•+r fit+`t+:++r--i .�+ 1 f '-I-- '' 1 ___•i Ja.w ii�F,-F,-J.J.}4'+r+..._T__..._' ._._.— Stlrling Road 4: i en an treat 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 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. Any person who decides to appeal any decision made by the Dania Beach City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose.may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidgnce upon which the appeal is to based.