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ORDINANCE NO. 2020 - S S`1" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 ENTITLED"ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, AMENDING SECTION 265-31(C) TO ELIMINATE CONDITIONAL USES IN THE CITY'S SINGLE-FAMILY RESIDENTIAL (R-1) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 265-31 of the City's Code of Ordinances establishes the City's Single Family Residential (R-1) Zoning District, created to provide for low density development of one- family detached dwellings of up to one unit per lot at a maximum density of six units per acre; and WHEREAS, Section 265-31 provides that family day child care and after school care for children are permitted as conditional uses in the Single-Family Residential (R-1) Zoning District, provided there are less than six children and are located on lots that are at least 7,500 square feet in size; and WHEREAS, Section 265-31 also provides that religious facilities,churches, synagogues, temples or other places of worship and religious assembly are permitted as conditional uses in the Single-Family Residential (R-1) Zoning District; and WHEREAS, currently, there are no religious facilities or other places of public assembly within single-family residential neighborhoods, nor are there family day child care providers as defined in Section 265-31, and the City wishes to preserve the character of those residential neighborhoods; and WHEREAS, the City finds that all places of public assembly, both secular and non- secular, are incompatible with the land use for the single-family zoning district, and have the accompanying negative impacts of significantly increased vehicular traffic and illegal parking in swales and neighboring properties; and WHEREAS, the City further finds that family day child care operations are generally incompatible with the land use for single-family zoning districts; and WHEREAS, religious facilities, churches, synagogues, temples and other places of worship, as with other places of public assembly, are permitted in the City's Community Facilities (CF), Neighborhood Business (B-1) and the Business Overlay zoning districts within the City, consistent with their land-use impacts, where they do not unnecessarily affect traffic and parking; and WHEREAS, family day childcare operations are permitted in the Town Center zoning district within the City, consistent with their land-use impacts; and WHEREAS, the City Commission desires to amend Section 265-31 to eliminate all conditional uses in the City's Single-Family Residential (R-1) Zoning District. 1