HomeMy Public PortalAbout21-05 Amend Special Exception for Adult BusinessSponsored by: City Manager
ORDINANCE NO. 2021-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE IV,
SECTION 22-81 OF THE CITY OF OPA-LOCKA'S LAND
DEVELOPMENT REGULATIONS TO AMEND CERTAIN
LANGUAGE REFERENCING SPECIAL EXCEPTION FOR
ADULT BUSINESS OPERATIONS WITHIN THE I-2 ZONING
DISTRICT; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS
OF LAW; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka, Florida, ("City") desires to amend Article IV,
Section 22-81 of the City of Opa-Locka's Land Development Regulations, Ordinance 15-31,
("LDR") entitled "Permitted Uses Table - Industrial Districts" to address adult businesses
operations within the City including churches parks and schools within the City; and
WHEREAS, currently there is a Special Exception process for "adult businesses" within the
I-2 zoning district; and
WHEREAS, the Special Exception process creates certain constitutional challenges that
prove problematic for the City.
WHEREAS, the City has determined that adoption of this Ordinance to remove the
Special Exception process related to adult businesses is within the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby approves the
amendment of Article IV Section 22-81 of the Land Development Regulations to remove the
permitted uses table.
Article IV. Districts, Permitted Uses and Development Standards
Sec, 22-81. Permitted Uses Table - Industrial Districts
Ordinance No. 2021-05
Use
I-1
I-2
I-3
I-4
Adult businesses
SET P
P
Section 3. This Ordinance shall become effective upon passage, approval and
publication or as otherwise provided by law.
Section 4. Conflict & Repealer.
All ordinances, parts of ordinances or code provisions in conflict herewith ordinance
are hereby repealed.
Section 5. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of the Code or
applications of this Ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
Section 6. Inclusion In Code.
It is the intention of the City Commission of the City of Opa-Locka that the provisions
of this Ordinance shall at some time in the future become and be made a part of the Code of
Ordinances of the City of Opa-Locka and that the sections of this Ordinance may be
renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section,"
"Article" or such other appropriate word or phrase, the use of which shall accomplish the
intentions herein expressed; provided, however, that Section 1 hereof or the provisions
contemplated thereby shall not be codified.
Section 7. Effective Date.
This Ordinance shall take effect upon the adoption of this Ordinance by the
Commission of the City of Opa-Locka is subject to the approval of the Governor or Governor's
Designee.
PASSED FIRST READING this 24th day of March 2021.
PASSED SECOND READING this 14th day of April 2021.
Ordinance No. 2021-05
Matthew A. Pigatt, Mayor
ATTEST:
Jo - �' • Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
dette ► •rris-Weeks, Esq.
ity Attorney
VOTE:
Moved by: Commissioner Davis
Seconded by: Vice Mayor Williams
5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
/
Finance Director:
FD Signature:
Department
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
3-24-21
Item Type:
(Enter X in box)
Resolution
a
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1M Reading
2n
Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQBiit: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life &
Communcation
Area:
Strategic Plan
Obj /Strategy: (list the specific
objective/stnategy this item Will
address)
X
•
Dev
CD
IN
City Imagd]
tM
Sponsor Name
City
Manager
Department: Planning &
Community
Development
City Manager
Short Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING ARTICLE IV, SECTION 22-81 OF THE CITY OF OPA-LOCKA'S LAND
DEVELOPMENT REGULATIONS TO AMEND CERTAIN LANGUAGE REFERENCING SPECIAL
EXCEYi1ON FOR ADULT BUSINESSES WITHIN THE I-2 ZONING DISTRICT; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW, SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
33