HomeMy WebLinkAboutO-2017-021 Motor Fuel Pumps ORDINANCE NO. 2017-021
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, THE "LAND
DEVELOPMENT CODE," OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE 725, "DEFINITION," TO ADD WITHIN SECTION
725.30 "TERMS DEFINED" A TERM FOR "MOTOR FUEL PUMPS, RETAIL"
TO ALLOW FOR DEVELOPMENT OR REDEVELOPMENT OF
RETAIL ESTABLISHMENTS WITH RETAIL MOTOR FUEL PUMPS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS
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, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives;and
WHEREAS, City staff recommends approval of a proposed change to the Code as shown
below; 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 newspaper 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 725 "Definitions" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 725. -DEFINITIONS
Sec. 725-30.—Terms defined.
Motor fuel pumps, retail. An establishment containing motor fuel pumps, which may also include a
retail establishment occupying more than five thousand (5,000gross square feet of floor area that
sells a variety of convenience goods and may also offer convenience store services such as
prepared foods and limited banking store services.
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 take full effect immediately upon its passage and
adoption.
PASSED on first reading on June 13, 2017.
PASSED AND ADOPTED on second reading on July 25, 2017.
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ATTEST:
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LOUISE STILSON, CMC — MARAJAVE
CITY CLERK YOR
APPROVED AS TO FORM AN ORREC Ago
THOMAS J. AN,9BR6
CITY ATTORNEY
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