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ORDINANCE NO. 2013 - y 14, <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br /> SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 <br /> "ZONING" SECTION 265-38 OF THE CITY CODE TO ESTABLISH <br /> GAMING FACILITIES AND BINGO HALLS AS CONDITIONAL USES <br /> WITHIN THE "BUSINESS OVERLAY DISTRICT"; PROVIDING FOR <br /> SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING <br /> PROVISIONS; PROVIDING FOR INCLUSION IN THE CODE; AND <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the purpose of this Ordinance is to promote the public health ,safety and <br /> welfare of the residents of the City of Sunny Isles Beach to require the approval of the City <br /> Commission for certain uses which have negative impacts on its surrounding area; and <br /> WHEREAS, the City has determined that gaming facilities and bingo halls are uses that <br /> require the approval of the`City Commission to mitigate negative impacts in the City; and <br /> WHEREAS, on NJOV. '1 k 2013, the City Local Planning Agency, pursuant to Section <br /> 57-2 of the City Code, reviewed and made recommendations regarding the proposed amendment <br /> to the City Land Development Regulations. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br /> and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br /> upon adoption hereof. <br /> Section 2. Amendment. Chapter 265, "Zoning", Section 265-38 of the City Code is amended <br /> to read as follows: <br /> § 265-38. Business Overlay District. <br /> A. Purpose and Intent. <br /> (1) The Business Overlay District is established to encourage and provide locations for <br /> cultural and educational uses and facilities within the City of Sunny Isles Beach. The <br /> Business Overlay District is intended to be applied to and overlay the Mixed Use- <br /> Business Land Use category, outside of the Town Center District(TCD). This land use <br /> category is intended to provide services primarily for surrounding residential areas, <br /> neighboring communities and visitor populations in an environment oriented to the <br /> pedestrian and adjacent street frontages. The Business Overlay District is designed to <br /> Page 1 of 3 <br />