HomeMy WebLinkAboutO-2007-028 Outdoor Fresh Produce Markets ORDINANCE NO. 2007-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES,
ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE
MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY
SELL UNPREPARED (UNCOOKED) FOODS, OR BEVERAGES OR BOTH
AT RETAIL IN ALL C-DISTRICTS (COMMERCIAL DISTRICTS), THE TOD
DISTRICTS (TRANSIT ORIENTED DEVELOPMENT DISTRICTS) AND THE
TOC-1 AND 2 DISTRICTS (TRANSIT ORIENTED CORRIDOR DISTRICTS);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Chapter 28, "Zoning", Article 4, "District Regulations", Section
4.20, "Application of regulations" and Article 21, "Downtown Transit Oriented Development
(TOD) and Transit Oriented Corridor(TOC) Districts" are amended to read as follows:
ARTICLE 4. DISTRICT REGULATIONS
Section 4.20. Application of regulations.
• •
SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH
DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL
USES USES EXCEPTION USES
• •
1. Off-street
parking and
C-1 loading.
2. Accessory uses
customarily
incidental to the
permitted or
approved special
exception uses.
3. Outdoor
produce sales
(fresh fruit,
vegetable, plant
and flower retail
sales), accessory to
a retail use which
primarily sells
unprepared
(uncooked) food,
or beverages or
both, subject to the
following
conditions:
a. Applicant to
submit a plan
showing the size
and location of
display and sale
area.
b. Display and sale
area shall be
setback twenty-
five (25) feet from
any lot line
abutting a public
street, shall not
shall not be
located within a
driveway or drive
aisle , shall not
occupy more than
two (2) parking
spaces, shall not
exceed a total area
of two hundred
(200) square feet
and shall be
maintained in a
neat and orderly
condition.
2 ORDINANCE#2007-028
c. Such uses shall
be separated by at
least 1,000 feet
from any other
such use.
ARTICLE 21. DOWNTOWN TRANSIT ORIENTED DEVELOPMENT
(TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS
Article 21.18 Use Table
Zoning District
TOD TOC-1 TOC-2
Use District District District
Outdoor produce sales (fresh fruit, y y y
vegetable, plant and flower retail sales),
accessory to a retail use which primarily
sells unprepared (uncooked) food, or
beverages or both, subject to the following
conditions:
a. Applicant to submit a plan showing the
size and location of display and sale area.
b. Display and sale area shall be setback
twenty-five (25) feet from any lot line
abutting a public street, shall not occupy
more than two (2) parking spaces, shall not
be located within a driveway or drive aisle,
shall not exceed a total area of two hundred
(200) square feet and shall be maintained in
a neat and orderly condition.
c. Such uses shall be separated by at
least 1,000 feet from any other such
use.
•
3 ORDINANCE#2007 028
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall take effect immediately at the time of its
passage.
PASSED on first reading on October 9, 2007.
PASSED AND ADOPTED on second reading on October 23, 2007.
AOR A ON
MAYOR—CO MISSIONER
ATTEST: )
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO A CORRECTNESS:
BY:
THOMASJ. A RO
CITY ATTORNEY
4 ORDINANCE 42007-028