HomeMy WebLinkAboutO-2015-027 Fast-Food Outdoor Dining In Industrial Districts ORDINANCE NO. 2015-027
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE "LAND
DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY
AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED,
PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE,"
CONCERNING OUTDOOR SEATING ACCESSORY TO FAST FOOD
RESTAURANTS IN CERTAIN INDUSTRIAL ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR INCLUSION IN THE CODE; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Corporate Property Services, Inc., as authorized agent for Griffin Road
Three, LLC, has applied to amend the zoning code to permit outdoor seating at fast food
restaurants located in Industrial Districts under certain conditions, and subject to special
exception review and approval; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings were held before the City Commission pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents 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. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 115 "Industrial Districts: Permitted, Prohibited, Special
Exception Uses, and Conditions of Use" of the City of Dania Beach Land Development Code is
amended to read as follows:
ARTICLE 115. - INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES,AND CONDITIONS OF USE
Sec. 115-40. - Schedule of permitted uses.
i
P -i Permitted
A Permitted accessory use only j
(Ex: 1,2)Permitted subject to the conditions of use numbered 1 and 2 found in section 115-50
SE j Permitted special exception use only,pursuant to article 630
SE(#, 1 I (Ex: 1,2)Permitted as a special exception only, and subject to conditions of use numbers 1 and 2
) found in section 115-50.
{ I i not permitted
e end
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�subiect to section 115-801 63 163
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Sec. 115-80.—Outdoor fast food restaurant seating.
Outdoor fast food restaurant seating is permitted as an accessory use to an indoor fast food
restaurant containing at least five hundred (500)square foot of gross floor area, in accordance
with the following requirements:
(A)Outdoor seating as an accessory use to an indoor fast food restaurant shall require a
special exception.
(B)A minimum five hundred (500) foot separation between outdoor seating and residential
use or zoned land is required measured property line to property line.
(C)Music shall not be permitted to be performed or amplified within outdoor seating areas.
(D)Outdoor seating requires its own certificate of use.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 5. That this Ordinance shall be codified in accordance with the foregoing. It
is the intention of the City Commission that the provisions of this Ordinance shall become and be
made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
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Section 6. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on November 24, 2015.
PASSED AND ADOPTED on second reading on January 12, 2016.
ATTEST: m�o�Aip-s Fi�T��ry
LOUISE STILSON, CMC , ALV1N0, SR.
CITY CLERK AYOR
APPROVED A O FORM AND CORRECTNESS:
r i
t &
THOMAS J. NS RO
CITY ATTORNEY
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