title
ADULT AND SEXUALLY ORIENTED BUSINESSES, NON-CONFORMING USE (B)
Ordinance No. 0-07-47; Petition 53TCH-07PB
An ordinance of the City of Gainesville, Florida, amending Section 30-90 of the Land Development Code, relating to adult and sexually oriented establishments; deleting the requirement in subsection 30-90(f) that a change of tenant or ownership terminates an existing nonconforming use; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
The City Attorney's Office has advised staff that the language in Section 30-90(f) dealing with the change of tenant or ownership of nonconforming adult and sexually oriented establishments is likely unconstitutional based on recent case law and therefore should be stricken from the code.
Public Notice of the Petition and a Plan Board meeting was published in the Gainesville Sun on May 1, 2007. On May 17, 2007, the Plan Board voted to deny the Petition and requested that in future petitions that involve legal issues, that the City Attorney send a representative. At its meeting on June 11, 2007, the City Commission approved the Petition and authorized the City Attorney's Office to prepare and the Clerk's Office to advertise the ordinance.
CITY ATTORNEY MEMORANDUM
This ordinance requires two public hearings. If the ordinance passes on the first reading, second and final reading will be held on July 23, 2007.