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1999-27 Amends Zoning Code for Outdoor Seating• ORDINANCE NO. 27-99 AN ORDINANCE OF THE VILLAGE COUNCII. OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUB-SECTIONS B2 AND C1 OF SECTION 45-31, C-A, COMMERCIAL DISTRICT; AMENDING SUB-SECTIONS B2 AND C1 OF SECTION 45-31.1, CB COMMERCIAL DISTRICT; AMENDING SUB-SECTION Gl OF SECTION 45-32 C-1A, LIMITED COMMERCIAL DISTRICT; AND AMENDING SUB- SECTION G2 OF SECTION 45-33, C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE TO ALLOW RESTAURANTS THAT ARE PERMITTED USES WITHIN THEIR DISTRICTS TO HAVE OUTDOOR SEATING WHEN QUALIFYING UNDER THE OUTDOOR SEATING PROVISIONS OF APPENDIX C-ZONING OF THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Pazagaph 2 of Sub-Section B, Uses Permitted, of Section 45-31, C-A Commercial District, of Article III, District Regulations of Appendix C-Zoning, of the Code of Ordinances of the Village is amended to read as follows: " 2. Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building or the premises otherwise qualify under outdoor seating provisions of Appendix C-Zoning not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating • establishments." Section 2 Paragraph 1 of Sub-Section C, Conditions for Permitted Uses, of • Section 45-31, C-A Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is amended to read as follows: "1. All activities (except restaurants that qualify under outdoor seating provisions of Appendix C-Zoning, golf clubs, swimming pools and wet boat storage), sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent non-moving outside walls." ;~Ii4n 3 Paragraph 2 of Sub-Section B, Uses Permitted, of Section 45-31. I, CB Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is amended to read as follows: " 2. Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely contained within the building or the premises otherwise qualify under outdoor seating provisions of Appendix C-Zoning, not including drive-in hamburger, ice cream, soft drink, or other drive-in and/or carry-out eating establishments." Section 4 Paragraph 1 of Sub-Section C, Conditions for Permitted Uses, of Section 45-31.1, CB Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is amended to read as follows: "1. All activities (except restaurants that qualify under outdoor seating provisions of Appendix C-Zoning), sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent non- • 2 moving outside walls." • i 5 Paragraph 1 of Sub-Section G, Conditions for Permitted Uses, of Section 45-32, C-1 A Limited Commercial District, of Article III, District Regulations, of Appendix C-Zoning of the Code of Ordinances of the Village is amended to read as follows: "1. All activities (except restaurants that qualify under outdoor seating provisions of Appendix C-Zoning), sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent non- moving outside walls." Paragraph 2 of Sub-Section G, Conditions for Permitted Uses, of Section 45-33, C-1 Neighborhood Commercial District, of Article III, District Regulations, of Appendix C-Zoning, of the Code of Ordinances of the Village is amended to read as follows: " 2. All activities (except restaurants that qualify under outdoor seating provisions of Appendix C-Zoning), sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent non- moving outside walls." Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. $. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 9. This Ordinance shall take effect immediately upon passage. • 3 PLACED ON FIRST READING THIS 22nd DAY OF .llll y , 1999. • PLACED ON PUBLIC HEARING THIS 12th DAY OF AUGUST , 1999. PLACED ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF AUGUST , 1999. /f ~~ MAYO] (VILLAGE SEAL) ATTEST: VILLAGE CLERK C~