HomeMy WebLinkAboutOrdinance 98-32
ORDINANCE NO. 98- 32
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO LOCA TIONAL REQUIREMENTS
REGARDING THE SALE OF ALCOHOLIC BEVERAGES IN
PROXIMITY TO SCHOOLS AND CHURCHES WITHIN
PLANNED UNIT DEVELOPMENTS AND SPECIAL
OVERLAY AREAS; CREATING SECTION 38-5.1 OF
ARTICLE II OF CHAPTER 38 OF THE OCOEE CITY
CODE WHICH PROVIDES A PROCEDURE FOR
OBTAINING AN EXEMPTION FROM LOCATIONAL
REQUIREMENTS OF SECTION 38-5 OF THE OCOEE CITY
CODE IN ORDER TO ESTABLISH LIMITED CONDITIONS
UNDER WHICH BUSINESSES SELLING ALCOHOLIC
BEVERAGES MAY OBTAIN AN EXEMPTION IN ORDER
TO ALLOW THEIR LOCATION WITHIN 1,000 FEET OR
LESS FROM AN ESTABLISHED CHURCH OR SCHOOL;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 38-5 of the Ocoee City Code prohibits the location of
businesses selling alcoholic beverages or intoxicating beverages within 1,000 feet or less from
an established church or school; and
WHEREAS, the City Commission of the City of Ocoee desires to encourage the
location of schools and churches in areas of the City that are in close proximity to and
conveniently accessible to the residents of the City; and
WHEREAS, the City Commission recognizes that Section 38-5 of the City Code
imposes a restriction on the location of schools and churches within Planned Unit Developments
and Special Overlay Areas which include businesses selling alcoholic beverages; and
WHEREAS, the City Commission desires to facilitate and encourage the location
of schools and churches within Planned Unit Developments and Special Overlay Areas by
establishing a procedure whereby an exemption from the provisions of Section 38-5 of the City
Code may be obtained.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. A new Section 38-5.1 of Article II of Chapter 38 of the Code
of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows:
SECTION 38-5.1 Exemptions to Locational Requirements.
In order to facilitate and encourage the location of schools and
churches within Planned Unit Developments and Special Overlay
Areas, the City Commission may, following an advertised public
hearing, exempt land located within a Planned Unit Development
zoning district and/or a Special Overlay Area from the provisions
of Section 38-5 of the City Code upon a finding that the granting
of such exemption will facilitate and encourage the location of
schools and churches within the Planned Unit Development and/or
Special Overlay Area. In granting any such exemption the City
Commission may impose such conditions of approval as it deems
necessary to protect school children and church members from
unwarranted exposure to alcoholic and intoxicating beverages.
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SECTION 3. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
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PASSED AND ADOPTED this Li..- day of b~CC-rH ~~1998.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this l day of J)eGUv\~{t998.
::LEY 1:J~ N0i;j
City Attorney
A:\ordinance.Pud 17/14/981 sac disk #11 saca:fec
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED NOVEMBER 19 , 1998
READ FIRST TIME NOVEMBER 17 , 1998 _
READ SECOND TIME AND ADOPTED
DecC=-M ()t.-R I , 1998
UNDER AGENDA ITEM NO;]7I" A 3
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