HomeMy WebLinkAboutO-19-01 Adult Personal ServicesORDINANCE NO. 0-19-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING LAND DEVELOPMENT CODE ARTICLE XXII
LANGUAGE AND DEFINITIONS; AMENDING SECTION 54-5-22.3(c)
REGARDING ADULT PERSONAL SERVICE BUSINESSES;
PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council finds it is in the public interest to modify and update
certain definitions of the code; and
WHEREAS, the Local Planning Agency held a public hearing on January 17, 2019, and
made a recommendation to City Council to approve Ordinance 0-19-01.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby
amended as follows:
ARTICLE XXIL LANGUAGE AND DEFINITIONS
Sec. 54-5-22.3. - Land use classifications.
(c) Commercial activities:
(1) Adult entertainment establishments. Any of the following described
businesses: Adult arcade, adult bookstore; adult dancing establishment,
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adult motion picture booth, adult mini -motion picture theater or drive-in,
adult motel/hotel, adult personal service business and adult theater.
(1.l) Adult Dersonal service business. Does not include activities performed by
persons pursuant to. and in accordance with. licenses issued to such persons by
the State of Florida. These activities are considered commercial retail.
Section 2. Severability. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected
and it shall be presumed that the City Council of the City of Sebastian did not intend to enact
such invalid prevision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the ordinance shall be codified within part
of the City Land Development Code and may be renumbered or re -lettered to accomplish
such, and the word "ordinance" may be changed to "section," "division," or any other
appropriate word.
Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
KulThen . The motion was seconded by Councilmember m partlan
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
__.Ave
Vice Mayor Linda Kinchen
aye
Councilmember Ed Dodd
ave
Councilmember Albert Iovino
ave
Councilmember Bob MCPartlan
ave
The Mayor thereupon declared this Ordinance duly passed and adopted this 13" day of
March, 2019.
ATTEST:
AA � &J..M-MA.
. anette Williams, MMC
City Clerk_ -
CITY OF SEBASTIAN, FLORIDA
By:
May Jim Hill
Approved as to form and legality for
reli the city of Sebastian only:
J es Stokes�BCS
City Attorney
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