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HomeMy WebLinkAboutO-95-24ORDINANCE NO. 0-95-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-3.10.B OF THE CITY OF SEBASTIAN hAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO PERMIT COMMERCIAL AMUSEMENTS (TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20A-12.2 of the Sebastian Land Development Code provides for a definition of "Commercial amusement, temporary"; and WHEREAS, no zoning district in the Sebastian Land Development Code provides for "Commercial amusement, temporary" as a permitted or conditional use; and WHEREAS, the City Council of the City of Sebastian, finds that it would be in the best interest of the City to permit "Commercial amusement, temporary" in the General Commercial (CG) zoning district; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interest of the health, safety, and general welfare of the community to so amend the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. The Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended by changing Section 20A-3.10.B to read as follows: B. Permitted Uses. In this district, as a permitted, a building or premises may be used for only the below stated uses. All applicable provisions of this code shall be satisfied, including site plan review and performance criteria. Permitted uses: Cultural or civic activities, places of worship, public or private not-for-profit clubs, business and professional offices, general retail sales and services (including antique shops, consignment shops and secondhand stores), limited commercial activities, parking garages, plant nurseries, restaurants (excluding drive-ins), trade and skilled services, transient quarters, vehicular sales and related services, retail gasoline sales, medical services, commercial amusements (temporary), and accessory uses. Section 2. Conflicts. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Codification. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phase in order to accomplish such intention. Section 4. Severability. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. Effective Date. effective immediately. This Ordinance shall become PASSED BY THE CITY COUNCI~DF THE CITY OF SEBASTIAN, FLORIDA, PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS //~'-' The foregoing Ordinance was moved for adoption by Councilmember ~fFL.~ The motion was seconded by Councilmember /~7~0~~ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion ~.~ ..... Vice Mayor Carolyn Corum Councilmember Norma J. Damp Couneilmember Ray Halloran '" Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this //9 day of 0)~~ , 1995. ] ATTESt:" .-'. · Kathryn~M. O'Halloran, CMC/AAE (Seal) Arthur L. Firtion, Mayor Approved as to Form and Content: Clifton A. McClelland, 'Jr. City Attorney 3