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HomeMy WebLinkAboutOrdinance 98-48 ORDINANCE NO. 98- Lf ~ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ORDINANCE NO. 96-12 AMENDING SECTION 33-255.1 OF THE CODE OF MIAMI-DADE COUNTY PERTAINING TO ADULT ENTERTAINMENT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on January 16, 1996, Miami-Dade County enacted a substitute ordinance pertaining to adult entertainment, including adult modeling establishments and encounter studios in the BU-3 zone and providing for, among other things, the requirement for an application for special exception for distance and spacing requirements as specifically set forth in that ordinance and finally, requiring non-conforming uses within three (3) years from the effective date to apply for such special exceptions among other things; and WHEREAS, the City of Sunny Isles Beach is about to undertake the creation of its own Master Plan and Land Development regulations including those pertaining to adult entertainment and that will not be completed prior to the application process required by Ordinance No. 96-12; and WHEREAS, the City of Sunny Isles Beach deems it unfair to require owners of the uses described to comply with a County process that will ultimately be changed by the City within six months of the County requirement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. REPEAL OF ORDINANCE NO. 96-12 AMENDING SECTION 33-255.1 OF THE CODE OF METROPOLITAN DADE COUNTY. OrdinanceNo. 96-12 amending Section 33-255.1 of the Code of Metropolitan Dade County be and the same are hereby repealed by the City Commission of the City of Sunny Isles Beach. All other sections of the Code that refer to or relate to this cited Ordinance No. 96-12 and/or section shall also not be applicable within the City. Section 2. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Adult Ent Ord. -1- Section 3. EFFECTIVE DATE. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 13th day of August, 1998. PASSED AND ADOPTED on second reading this ~ay of L.-- ATTEST: ~~~~~ , : ;Rich~ Brown..Morilla, City Clerk , I '." : ~ 'J .1 ' , ' , ' II ' . . '\ , . . APPRO\\ED AS to FORM " ' AND LEGAL SUFFICIENCY: . . " , . . ~A-. ~. · M. DannheIsser, CIty Attorney Moved bY:t..-"",....., ~ Seconded by: ~\<-l. ~ ---w-(~ The motion was approved by a vote of 5'....Q in favor: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) t/ (yes) ~ (yes) --4L (yes) ~ (yes) -1L (no)_ (no)_ (no)_ (no)_ (no)_ Adult Ent Ord, -2-