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3204 ORDINANCE NO. 3204 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3185 ENACTED JANUARY 10, 1994, SAID ORDINANCE REGULATING THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS, ETC.; AMENDING SEC. 32. NONCONFORMING USES THEREIN PROVIDING FOR A TIME CERTAIN FOR CESSATION OF OPERATION OF NONCONFORMING USES; AMENDING SEC. 33. VARIANCES; THEREIN PROVIDING FOR VARIANCE PROCEDURES FROM THE DISTANCE AND ZONING REQUIREMENTS OF THE SAID ORDINANCE; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Sanford enacted Ordinance No. 3185 on January 10, 1994, substantially reestablishing its Adult Entertainment Establishment Regulations; and WHEREAS, the City Commission finds that to effectuate the findings of facts contained in Section 5 within Article 1 therein, which are incorporated by reference herein, it is necessary to amend said Ordinance No. 3185, specifically to complete Sections 32 and 33 therein as provided hereinafter; and WHEREAS, the City Commission finds that it is in the interest of the public health, safety and welfare, and that it furthers substantial government interests to amend the Code of Ordinances as specified hereinafter; and WHEREAS, the City Commission determines that this Ordinance will not have a substantial impact on the development of and construction on real property within the City of Sanford; and WHEREAS, the City Commission therefore concludes that this Ordinance will not have a substantial economic impact, and further will not have any detrimental impact to existing, if any, nonconforming adult entertainment establishment uses within the City of Sanford; and WHEREAS, the City Commission finds that it is in the best interest of the citizens of Sanford, Florida, to amend the Code of Ordinances as specified hereinafter. NOW THEREFORE, be enacted by the City Commission of the City of Sanford, Florida, as follows: SECTION I. That Ordinance 3185, Article III, Distance Restrictions ~ Sec. 32. Nonconforming Uses. Subsection (a) is hereby amended as follows: (a) An adult entertainment establishment which, on ~,pril 11 ,1994, was located on a site which is prohibited by Sec. 30 of this Code~ shall cease operations by April 11 , 1996. SECTION II. That Ordinance 3185, Article III, Distance Restrictions, Sec. 33. Variances. is hereby amended to read: The Planning and Zoning Commission of the City is authorized to consider and ~Fant variances from the distance and zoning requirements of this Code, pursuant to the procedures and criteria set forth for other variance requests and as set forth in Article III, Chap. 3.9, of the City Land Development Regulations. SECTION III. Codification. It is the intention of the City Commission of the 'City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be tenumbered or relettered to accomplish such intentions; that the word, "Ordinance", may be changed to "Section", "Article", or other appropriate word. SECTION IV. Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION V. Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION VI. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. ' MAY ' ATTEST: .. ' ~~ CITY OF SANFORD, FLORIDA CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do herehy certify that a true and correct copy of the foregoing Ordinance No. 3204, PASS AND ADO TED y the City Commission of the City of Sanford, Florida, on the/~ day of ~ ~ , 1994, was sted at th front door of the City Hall in the ~he City Clerk of the City of Sanford, Floricia "2'- ordinance No. 3204