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ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 "ZONING" SECTION 265 -36 NEIGHBORHOOD BUSINESS ZONING DISTRICT ( "B -1 ") TO DESIGNATE APARTMENT - HOTELS AS PROHIBITED USES; AMENDING SECTION 265 -38 BUSINESS OVERLAY ZONING DISTRICT TO DELETE DEVELOPMENT STANDARDS FOR APARTMENT - HOTELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of this Ordinance is to ensure that apartment- hotels are prohibited uses in Neighborhood Business (B -1) and Business Overlay districts located in the City of Sunny Isles Beach (the "City ") to maintain lower density on the west side of Collins Avenue; and WHEREAS, in order to accomplish this objective, the City desires to amend Sections 265 -36 and 265 -38 of the City Code, as more particularly set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. Section 265 -36 of the City Code is amended to read as follows: § 265 -36. Neighborhood Business (B -1). B. Uses permitted. No building or structure, or part thereof, within the district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this chapter: (1) All uses permitted in the RMF -1 district. (2) Retail uses. (3) Banks and financial institutions. (4) Conservatories and music and dance schools. (5) Health spas and studios. (6) Hotels and apaft ~ent hotels. (7) Offices: business, medical and professional. (8) Pet grooming and supplies with no kennels or overnight animal boarding. (9) Restaurants and coffee houses or dining rooms with incidental sales of alcoholic beverages. (10) Religious facilities. (11) Schools. (12) Post office and self - service postal stores for walk -up trade. (13) Telecommunications facilities.