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Home My WebLink About1038-09 TEMPORARY SALES I I ICI►11lIIl�l �n�l I�il� I ORDINANCE NO. 1038-09 ' '1009090435 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING RESTRICTIONS AND REGULATIONS FOR TEMPORARY USES; PROVIDING FOR ALLOWED USES AND PROHIBITING ALL OTHER TEMPORARY SALES OR USES; REQUIRING COMPLIANCE WITH PERMITTING, SAFETY, HEALTH AND ENVIRONMENTAL STANDARDS; PRO VIDI1G FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Zephyrhills, Florida finds the public health, safet and welfare will be served through the regulation and restriction of temporary sales and even s on private property; and WHEREAS, this Ordinance is intended to improve the aesthetic appearance of commercial areas within the City and to protect the health, safety and welfare of the traveling public br regulating temporary sales and events on private property. NOW, THEREFORE, BE IT ORDAINED, by the City Corn cil of the City of Zephyrhill , Florida as follows: SECTION 1. PERMANENT COMMERCIAL ACTIVITY TO BE HOUSED. All permanent commercial activity wherein goods or services are offered for-sale within the City limits of the City of Zephyrhills shall be conducted within a permanent structure erected on premises. ` Rcpt : 1251l20 1251120 Rec: 18.50 SECTION 2. STRUCTURAL STANDARDS. DS 0.00 IT: 0.00 06/30/09 -- Dpty Clerk The aforementioned structure(s) shall comply with all applicable building and fire codes then in effect. PAULA S. O'NE!L, PASCO CLERK & COLIPTRO LER/09 12:23 of 2 SECTION 3.- TEMPORARY OUTDOOR-SALES. i 06OR0 1 6K_81 17 PG 17.1- Temporary outdoor sales shall only be permitted when conducted by a permanent t business established on site. The goods sold shall be of the same nature as those sold by the established on site business. If the event is located in a parking lot, the temporary sale shall n�t use more than fifteen percent(15%) of the total required parking spaces. SECTION 4. PERMITS FOR TEMPORARY SALES. w The City Building Department is hereby authorized to issue permits for temporary sal s that conform to this Ordinance. An application for a Special Event shall be submitted and filed with the Building Department for approval. The application shall show. a-site plan with ti e location, duration and extent of such proposed sales. In addition too the-application, the applica t shall submit a letter from the property owner stating its consent to the temporay�outside sale. SECTION 5. RESTRICTION OF LOCATION. Temporary sales shall only be permitted on property �withi1T'an appropriate zoning district. No part of such sales operation shall be located withinariy required;,setback cr landscape or transition strip. The sales operation shall not impede or adversely affect vehicul-r and pedestrian traffic flow or parking maneuvers. One sign, not Ito exceed (8) square feet, r_'nay announce such sales. Such sign shall not be located in a required wetback or.landscape r transition strip. Such sign shall be temporary in nature, non-il uminated, and approved as o safety and stability by the Building Official. SECTION 6. DEFINITION OF TEMPORARY. For the purpose of this Ordinance, temporary shall mean no longer in duration than seve (7) consecutive days and no more than two (2) such occurrence during a twelve '(12) mon period shall be permitted on the same property. In the event that the applicant is a tenant in a multi-tenant structure, each tenant shall be permitted two (2) temporary sales in accourdan e with the provisions of this Ordinance. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 81 1 - PG 172 1 SECTION 9. FIRE PROTECTION. _ 2 of 2 All temporary structures shall be in compliance with all Zephyrhills Fire Rescue rules and regulations. SECTION 10. PENALTIES FOR VIOLATION. Any person or entity found to be in violation of the terms or provisions of this Ordinance shall be fined $500.00 per occurrence or incarcerated for a period of up to thirty days. SECTION 11.REPEALER. All provisions of the Zephyrhills Code of Ordinances, as amended, and ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any.conflict. SECTION 12. MODIFICATION. It is the intent of the City Council that the provisions of this ordinance may be modified as a result of considerations that may arise during public hearings. Such modifications shall be incorporated into the final version of the ordinance adopted by the Council. SECTION 13. SEVERABILITY. It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid,the • remainder of this Ordinance shall be construed as not having contained said section, subsection, • sentence, clause, or provisions and shall not be affected by such holding. SECTION 14. INCLUSION IN CODE. It is the intent of the City Council that the provisions of this Ordinance shall-become and be made a part of the Zephyrhills Land Development Code, and that the sections of.this-POrdinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," article, "regulation,"or such other appropriate word or phrase in order to accomplish such intentions: SECTION 15. EFFECTIVE DATE. This Ordinance shall become effective upon passage on the second reading:and signing by the May The.foreg NQr•mice No. 103 8-09 was read and passed on the first reading in an open and regular City Council of the City of Zephyrhills, Florida, on this 11t11 day of May, NJ Attest. .1 Lih O ,Jity Clerk Jodi Wilkeson ,.Council President VNTr.I The foregoifdinance No. 1038-09 was read and passed on the second reading; following a public aearliigp 4n an open and regular meeting of the City Council of the City of Zephyrhills, Flo4 a; On this 22..Vay of June, 2009. Attes - - ar#, City Clerk Jodi Wilkeson, Council President The Cr .rice No. 1038-09 was approved by me this 22nd day of June,2009. W..Cliff u ie,Ma Approved as to Legal Form and Sufficiency For the reliance of th ty of Zephyrhills only J eph A. Poblick, City Attorney • • : `• ;