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HomeMy WebLinkAboutOrdinance_47-13_12/12/2013 ORDINANCE NO. 47-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 78 -177. C -2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE RETAIL PACKAGE LIQUORS AS A PERNUTTED USE IN THAT ZONING DISTRICT; PROVIDING CONDITIONS FOR SAID USE IN THE C -2 DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - ,SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's C -2 zoning district should be revised to allow retail package liquor stores in this commercial zoning district so long as such use complies with certain conditions as set forth in detail herein; and WHEREAS, such a use, pursuant to such conditions is deemed to be reasonable in the Village's C -2 zoning district; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78 -177. C -2 Community Commercial District to add retail package liquors as a permitted use; providing conditions for said use in this zoning district; providing that Sec. 78- 177 shall hereafter read as follows: Sec. 78 -177. C -2 Community Commercial District. (a) Pwpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted Uses. Permitted Uses in the C -2 District are as follows: (1) — (8) [shall remain same as previously adopted] 1 (9) Retail package liquors. However, such uses must be located in accordance with the following regulations: a. No retail package liquor use may be located within a 2,000 foot radius of another retail package liquor use. The 2,000 feet shall be measured in a straight line from main entrance door to main entrance door. b. No more than one retail package liquor use may be located in any one shopping center in this zoning district. C. Hours of operation for retail package liquor uses shall conform to hours of operation for alcoholic beverage establishments as set forth in Sec. 6 -1 of the Code of Ordinances. (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] (f) Property development regulations. [This paragraph shall remain in full force and effect as previously adopted] Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in fiill force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4 : Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6 : This Ordinance shall become effective immediately upon passage. 2 Upon Second Reading this 12"' day of December 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member Paterno and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of December 2013. MAYOR OF TEQUESTA ig Brennan ATTEST: , Lori McWilliams, MMI U N' Village Clerk = >•�pdP�`��� "Plitt 111111111100% 3