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S ORDINANCE NO. 408
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS 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 MOTOR VEHICLE, MOBILE HOME, 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 AT 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, IT- BE -ENACTED -by -the City Council of the-
City of Zephyrhills as follows :
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 .
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2 . STRUCTURAL STANDARDS . The aforementioned structure
shall meet and comply in all respects with the minimum
requirements of the Standard Building Code.
3 . CERTAIN PERMANENT ACTIVITY EXEMPTED. Section 1 above
shall not apply to the sale of motor vehicles , mobile homes ,
travel trailers , plant nurseries and portable sheds .
4. TEMPORARY OUTDOOR SALES . Temporary outdoor sales
shall De perzitted, but limited to :
a. Enterprises directly associated with
traditional , local or national holidays or events .
b . Enterprises directly associated with a p"ermanen•t.
permitted business of like service or product .
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 Five Dollars ($5 .00) for the
first two (2) days and One Dollar ($1 .00) per day for eadh
consecutive day thereafter, not to exceed the time allowed in
Section 7 .
6 . RESTRICTION OF LOCATION. Temporary sales must :''be:•sf,
conducted within an appropriate zoning district ? ,unless
explicitly authorized by an affirmative motion of the City
Council .
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.. ::one (1)
occurrence during calendar year.
8 . FIRE PROTECTION. Tents shall meet the Regulations
set forth in Ordinance #397 - 7-20, VII-36 , under supplemen- ..'':
tary district regulations .
9 . SANITATION. All food sales must comply with
Q. R, y 579 PG
1810
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Regulations of the Pasco County Health Department .
10 . DECLARATION OF INVALIDITY. If any section, part of a
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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 unconstitut'ioz: .1 ,`
invalid, or inoperative part therein. "' -�`' ' I.�-
11 . PENALTY FOR VIOLATION.. Anyone found,. to. :bell.in_ -
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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.
12 . EFFECTIVE DATE. This Ordinance shall become
effective upon third reading and signing by the Mayor.
The foregoing Ordinance No . _ 408 was read and passed
on its first reading by the City Council of the City of
Zephyrhills , Florida on the 12th day of January ,
A.D. , 1987 .
0t it.1 L P y t, _
,..4' :<:-s '� = GLORIA BROWN
a• 1;.� . P�'-, President of City Council
; ==fiedIF. HOLT
acs : __ —
C jT� h '' cL egoing Ordinance No . 408 was read and passed
44 ,L r
'01, its second reading by the City Council of the City of
Zephyrhills , Florida on the 26th day of January ,
A.D. ; 1987 .
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GLORIA BROWN
�` jr President of City Council
ATT;. AT; :. Ai' :i
INN,, I IJ HILT
D, Thefore;oing Ordinance No . 408 was read and passed
on its third reading by the City Council of the City of
0.R. 1579 PG 1811
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Zephyrhills , Florida on the 9th day of February
A.D. , 1987 .
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GLORIA BROWN
President of City Council
ATTEST: 0-ake
of Et wIE HOLT
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e \f6feNc-ing Ordinance No . 408 was approved by me
"d t' .3 Nis ' .37 fOf February , A.D. , 1987 .
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00 R. 1579 PG 1812