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Home My WebLink About1376-19 Cargo Container Moratorium (1 year). INSTR# 2019019437 BK 9854 pG 1248 02/05/2019 08:24am Page 1 of 3 Rcpt: 2025789 Rec: 27.00 DS: 0.00 IT: 0.00 Paula S. O 'Neil , Ph.D. ORDINANCE NO. 1376-19 Pasco County Clerk & Comptroller /y, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF //� ZEPHYRHILLS, FLORIDA ESTABLISHING A 12 MONTH MORATORIUM ON RECEIVING AND PROCESSING PERMIT APPLICATIONS FOR CARGO CONTAINERS AND CARGO-LIKE (CONEX) CONTAINERS FOR RESIDENTIAL PURPOSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and section 166.021(1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of each municipality in the state has the power to enact legislation concerning any subject matter upon which the state legislature may act, except when expressly prohibited by law; and WHEREAS, Cargo containers and cargo-like (conex) containers are utilized by property owners around the State of Florida as single family and multifamily residential units. Said use of such containers is not currently addressed in the City of Zephyrhills Land Development Code or the Code of Ordinances; and WHEREAS,the City does not currently have an application for the use of cargo containers and cargo-like(conex)containers as residential dwelling units. However,the planning department anticipates that property owners may attempt to convert cargo containers and cargo-like (conex) containers into residential dwelling units within the City; and WHEREAS,the City Council desires to establish a moratorium for a period of 12 months so that a study can be completed to determine the effects this type of dwelling would have on other ..•r adjacent land uses in the City; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the use of cargo containers and cargo-like(conex) containers as residential dwelling units within the City limits of the City of Zephyrhills; and WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that the temporary moratorium imposed by this ordinance is being imposed for a reasonable duration intended to give the City the time reasonably necessary to investigate the impacts of cargo containers and cargo-like (conex) containers being used as residential dwelling units, and if necessary, to promulgate reasonable regulations relating to such uses; and WHEREAS, the City Council of the City of Zephyrhills, Florida hereby finds that this ordinance is in the best interest of the public health, safety, and welfare; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: Section 1. Authority. This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home rule powers of the City. Section 2. Legislative Findings of Fact. The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. YRecord and Return to: RCity Clerk's Office 1 5335 8th Street Zephyrhills, FL 33542 • Section 3. Temporary Moratorium Beginning on the effective date of this ordinance and continuing through January 27,2020, or sooner if provided pursuant to Section 4 of this ordinance, a moratorium is hereby imposed on the use of cargo containers and cargo-like(conex) containers as residential dwelling units. During the moratorium, it is unlawful and a violation of this ordinance for any person, firm, or corporation to use or attempt to use cargo containers and cargo-like(conex) containers as residential dwelling units within the City of Zephyrhills. Section 4. Expiration of the Temporary Moratorium. The temporary moratorium imposed by Section 4 of this ordinance expires as of the earliest of the follow occurrences: a. January 27, 2020; or b. A date before January 27, 2020, if provided by Ordinance of the City Council of the City of Zephyrhills, Florida. Section 5. Repealer. Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 6. Penalties. Any and all violation of the Ordinance shall constitute a separate Class VI offense as set forth in the Uniform Fine and Citation Schedule as adopted by the Sixth Judicial Circuit, and shall be prosecuted as provided in Section 162.21, Florida Statutes. Each violation and each day constituting a violation shall-be Fined and prosecuted as a separate offense. 111 Section 7. 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 is held invalid, the remainder of the ordinance shall be construed as not having continued the said section,subsection, sentence, clause, or provision and shall not be affected by such holding. Section S. Inclusion into the Code. It is the intent of the City Council that the provisions of this Ordinance shall become and be made a part of the City of Zephyrhills code, and that the sections of this Ordinance 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 9. Effective Date. This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. , Pi to The.lregoing Ordinance No. 1376-19 was read and passed on the first reading in an open :_,and regular meeting of the City Council of the City of Zephyr ' ' I •I a, on this 14th day of . ivary,2019. . r • fittest: /S. �� - •� - Lpn Hillman, City Clerk Lance Smith, Council President u DIV2 The foregoing Ordinance No. 1376-19 was read and passed on the second reading, following a public lie in_an open and regular meeting of the City Council of the City of Zephyrhills, Florida, a zf fstrjay of January. 2019. '-#111,1414 Atte: .�- AN fo 4 L. Hillman, ity Clerk Lance , . Smit , Council President 0 `cwt, The f6"ittcg.oinlg Olti.' ice No. 1376-19 was approved by me this 28th day of January, 2019. ? v, Gen 'tfield, Mayo Approved as to legal form and d legal content Matthew E. Maggard;