The Evening Independent, Page 4
St. Petersburg, Florida
Published May 18, 1970
Two seperate hearings on a related matter will be conducted in Madeira Beach Tuesday.
At 4 p.m., the City Commission will have a special hearing on an ordinance defining a restaurant, eating and drinking establishment and drive-in.
At 7:30 p.m., the board of adjustment will meet to consider a request by Biff-Burger System Inc. to interpret whether Biff-Burger constitutes an eating and drinking establishment.
Earlier this year, Biff-Burger applied for a permit to build near 153rd Avenue. The permit was denied on the grounds that drive-ins were not permitted uses in teh C-3 zones.
But the city zoning ordinance didn't define what a restaurnat or drive-in was. The City Commission started work drafting an ordinance to add the definitions.
At the April 28 meeting, the ordinance was passed on first reading. The ordinance defines a restaurant as a closed building where eating is done inside and table area located inside the building.
An eating and drinking establishment is the same as a restaurant.
A drive-in would be where eating and drinking is done off the premises or in a parking lot in a car or in an unenclosed area on the premises.
It is possible under the city charter to pass an ordinance at second and third readings at one meeting and also to put the ordinance into effect immediately without the usual 20-day waiting period.
But the City Commission would have to decide first if the ordinance would be considered and emergency ordinance.
"It would depend on the recommendation of the city attorney," said City Manager C. Joseph Babineau. "We now lack a definition of a restaurant and drive-in. And in C-3 zones, only restaurants are permitted. We do have to consider this since the ordinance would affect all C-3 zones in the city."
Copyright © 1970 The Evening Independent. All rights reserved.