HomeMy WebLinkAboutO-2019-003 Amend Chapter 28 ORDINANCE NO. 2019-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, THE "LAND
DEVELOPMENT CODE," OF THE CITY'S CODE OF ORDINANCES BY
AMENDING PART 7, "CODE ADMINISTRATION," ARTICLE 725,
"DEFINITIONS," SECTION 725-30, "TERMS DEFINED;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
INCLUSION IN THE CODE; AND 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 the proposed changes; 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 725, entitled "Definitions," of Chapter 28, "Land
Development Code" of the City Code of Ordinances 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 three thousand five
hundred (3,500) gross 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 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.
Section 6. That this Ordinance shall take full effect immediately upon its passage
and adoption.
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PASSED on first reading on February 26, 2019.
PASSED AND ADOPTED on second reading on March 12, 2019.
ATTEST:
THOMAS SCHNEIDER LORI hfWELLEN
CITY CLERK MAYOR
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APPROVED AS T FORM AND CORRECTNESS:
THOM S J. BR
CITY ATTOVY
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