HomeMy WebLinkAbout735-99 Replace Ordinance 284 00
10
ORDINANCE NO.: 7 35-00
111 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA,
REPLACING ORDINANCE NO.: 284 IN ITS
ENTIRETY, RECOGNIZING ONLY CERTAIN
AREAS FOR COMMERCIAL ACTIVITY;
PRESCRIBING THAT ALL COMMERCIAL
ACTIVITY TAKE PLACE FROM A PERMANENT
STRUCTURE; EXEMPTING PLANT NURSERIES
AND PORTABLE SHED SALES THEREFROM;
REQUIRING THAT PERMANENT STRUCTURES
MEET THE STANDARD BUILDING CODE;
DEFINING THE TERM TEMPORARY AS USED
HEREIN; PERMITTING CERTAIN TEMPORARY
SALES AND RESTRICTING THE LOCATION
THEREOF; PROVIDING THAT THE CITY
BUILDING OFFICIAL SHALL ISSUE PERMITS
FOR TEMPORARY SALES AND PROVIDING FOR
APPEAL FROM NEGATIVE DETERMINATIONS
OF THE BUILDING OFFICIAL; REQUIRING
TENTS USED IN SUCH SALES MEET CERTAIN
REQUIREMENTS; PROVIDING FOR
SANITATION AND FOOD SALES; PROVIDING
FOR A DECLARATION OF INVALIDITY OF ANY
PART OF THIS ORDINANCE; ESTABLISHING AN
EFFECTIVE DATE AND PROVIDING PENALTY
FOR VIOLATION.
WHEREAS, the City of Zephyrhills has heretofore established appropriate
zoning of the City to provide those areas acceptable to commercial business activity;
and
WHEREAS,the City Council is aware that in areas properly zoned for sales,
items have been offered to the public for sale from non-permanent structures which
were unsightly, unsafe and unsanitary; and
WHEREAS, the City of Zephyrhills acknowledges that certain types of
community events and other sales of a temporary nature, do not warrant the erection
of a permanent structure; and
WHEREAS, the City of Zephyrhills does hereby intend to regulate the
content, location and duration of such temporary sales.
NOW THEREFORE,BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, sitting in regular meeting that:
Section 1: Permanent Commercial Activity To Be Housed All permanent
commercial activity wherein goods are offered for sale within the City limits of the
City of Zephyrhills shall be conducted within a permanent structure erected on the
premises.
Section 2: Structural Standards. The aforementioned structure shall meet
and comply in all respects with the minimum requirements of the Standard Building
Code.
Section 3: Certain Permanent ActivityExempted Section 1 above shall
not apply to the sale of motor vehicles, mobile homes, travel trailers, plant nurseries
and portable sheds.
Section 4: Temporary Outdoor Sales. Temporary outdoor sales shall be
permitted, but limited to:
a. Enterprises directly associated with traditional, local or national
holidays or events.
b. Enterprises directly associated with a permanent permitted business of
like service or product and the sale is conducted on or upon abutting property, upon
which the permanent permitted business is located.
Section 5: Permits for Temporary Sales. The City Building Official is
hereby authorized to issue permits for temporary sales that conform with this
Ordinance. Any person adversely effected by the Building Official's decision, not to
issue a permit for temporary sales,may appeal said decision to the City Council within
thirty(30) days of the date of refusal.
Each temporary sale event shall require a City permit. The fee for such permit
shall be Fifty Dollars ($50.00)for the first two (2) days and Five Dollars ($5.00) per
day for each consecutive day thereafter, not to exceed the time allowed in Section 7
below.
Section 6: Restriction of Location. Temporary sales must be conducted
within an appropriate zoning district, unless explicitly authorized by an affirmative
motion of the City Council.
Section 7: Definition of Temporary. For the purpose of this Ordinance,
temporary shall mean no longer in duration of thirty (30) consecutive days and no
more than once per calendar month and a cumulative total of no more than forty-five
(45) days per calendar year at any given location or by any one vendor.
Section 8: Fire Protection. Tents shall meet the Regulations set forth in
Ordinance#397-7-20m VII-36, under supplementary district regulations.
Section 9: Sanitation. All food sales must comply with Regulations of the
Pasco County Health Department.
Section 10: Declaration of Invalidity. If any section, part of a section,
paragraph, sentence, clause,phrase, or word of this Ordinance is, for any reason, held
or declared to be unconstitutional,inoperative, or void, such holding of invalidity shall
not affect the remaining portions of this Ordinance and it shall be construed to have
been the intent to pass this Ordinance without such unconstitutional invalid, or
inoperative part therein.
Section 11: Penaltyfor Violation. Anyone found to be in violation of the
terms or provisions of this Ordinance shall be fined not more than Five Hundred
Dollars ($500.00) or incarcerated for a period of up to thirty(30) days or both.
Section 12: Effective Date. This Ordinance shall become effective upon
third reading and signing by the Mayor.
The foregoing Ordinance No. was read and passed on its first reading
by the City Council of the City of Zephyrhills, Florida, on this day of
, A.D., 1999.
ELIZABETH A. GEIGER
President of City Council
ATTEST:
City Clerk, Linda D. Boan
The foregoing Ordinance No. was read and passed on its second
reading by the City Council of the City of Zephyrhills, Florida, on this day of
, A.D., 1999.
ELIZABETH A. GEIGER
President of City Council
ATTEST:
City Clerk,Linda D. Boan
The foregoing Ordinance No. was approved by me this day of
, A.D., 1999.
JAMES A. BAILEY, Mayor
c:\tempsale.ord(12-8-99)