HomeMy WebLinkAboutO-2008-029 Adult Uses Scrivener Error ORDINANCE NO. 2008-029
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER
28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE
(IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO
CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION
OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-
MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City"), in Ordinance No. 2001-032, adopted on November 13, 2001, adopted regulations of
adult-oriented uses which provided that such uses shall be permitted within the Industrial
Research-Office-Marine (IROM) zoning district, subject to certain supplemental requirements as
provided in Article 31 "Adult Entertainment Establishments" of the City of Dania Beach Code of
Ordinances ("City Code"); and
WHEREAS, the City Commission, by Ordinance No. 2004-009 adopted on March 23,
2004, provided for updates and revisions to its Industrial-General (IG) District Regulations, and
inadvertently removed the Industrial Research-Office-Marine (IROM) district regulations from
the City Code; and
WHEREAS, additionally, subsequent to the adoption of Ordinance No. 2004-009, the
City adopted Ordinance No. 2004-37 which reinstated the Industrial Research-Office-Marine
(IROM) district regulations, and included a scrivener's error which listed adult entertainment as
a prohibited use under Section 18.30 of Article 18; and
WHEREAS, the City Commission finds and determines that these provisions are in need
of revision in order to correct this scrivener's error and effectuate the intent of Ordinance No.
2001-032, which provided that adult entertainment uses shall be permitted in the Industrial
Research-Office-Marine (IROM) district subject to the supplemental regulations of Article 31
"Adult Entertainment Establishments"; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed provisions and recommended their approval to the City
Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of a public hearing;
and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City,
including the aesthetic environment and natural scenic beauty of the City, and furthers the
purpose, goals, objectives, and policies of the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Amendment of Industrial Research-Office-Marine (IROM) Use
Regulations. That Article 18 "Industrial Research-Office-Marine (IROM) District" of Chapter
28 "Zoning" is amended to read as follows:
18.30. Prohibited Uses.
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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 this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on October 28, 2008.
PASSED AND ADOPTED on second reading on November 25, 2008.
ALBERT C. JONES
ATTEST:
s FrRr AYOR—COMMI SIONER
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LOUISE STILSON, CMC --
CITY CLERK ---
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APPROVED AS TO F4ND CORREC SS:
BY: / s
TH MA J. ANS13RIO
CITY ATTORNEY
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