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HomeMy WebLinkAbout408 Commercial Activity in permanent structure ) 1 bal)rt7 Of , c)(3 _ 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 . Lerci i- 4-ttu,k, t) , �o .,:� t" 4) 0. R. 1579 PG 180 9 -apk,i , , e=) 3y—, -/ W 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 i S 1 Regulations of the Pasco County Health Department . 10 . DECLARATION OF INVALIDITY. If any section, part of a Y 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_ - L 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 . i „. i it.Ph .,4 441,t4-;:-.. 7 -'"Igl-t-en'") 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 1•V •., .,. _...,.,, , Zephyrhills , Florida on the 9th day of February A.D. , 1987 . 12••614-(--;,- Y--2-3-7--91.,---.) GLORIA BROWN President of City Council ATTEST: 0-ake of Et wIE HOLT -• .. .. ., , A '. •• ... , .. •. • `,`•. '.•• \\‘ e \f6feNc-ing Ordinance No . 408 was approved by me "d t' .3 Nis ' .37 fOf February , A.D. , 1987 . I. • •zt.. 1-":. . • .n .'. ---. .3*F...----,--"::'-''- • ' ' 'Nur ' ISIre- 1 '''.......•' C'` (1y0 ° .A • ' . All7 i'. I'. f MAYOR off, •4 17,_ t----- . ' D =7.— . 1 CV CC. RECORD VERIFII D a. ,,,t, •---v crj JED PITTMAN F Clerk Circ it r. t, pasco it mty -9:1:7 1 • ,.\)''':;;7 -"Zr I • .. _ ,,.," - .. --- = By ,- ,-, CO . on --- 4 Li., U --7-, .\ I .-, _ .k , . . _ - , - _ .... --. 00 R. 1579 PG 1812