HomeMy WebLinkAbout1418-21 Repeal of Ordinance 1377-19 Solar Energy INSTR#2021148135 OR BK 10393 PG 2512 Page 1 of 2
07/16/2021 07:57 AM Rcpt 2326872 Rec:18.50 DS:0.00 IT:0.00
Nikki AlvarezSowles,Esq.,Pasco County Clerk&Comptroller
ORDINANCE NO.:1418-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS,FLORIDA,REPEALING ORDINANCE NO.:1377-
19 PARTS 7.09.01.03 "SOLAR ENERGY SYSTEM STANDARDS"
AND 7.0930 "SOLAR ELECTRIC POWER COLLECTION /
GENERATION FACILITY STANDARDS" OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR iCODIFICATION,
1 .1 = SEVERABILITY,REPEALER,AND AN EFFECTIVE DATE.
L.
WHEREAS,the Florida Legislature adopted and the governor signed into law,effective
July 1,2008,the Florida Solar Rights Act(hereinafter referred to as the"Act"),codified at Fla.
Stat. §163.04,which expressly prohibits the installation of solar collectors,clotheslines,or other
energy devices based on renewable resources.
WHEREAS,the passage of the Act necessitates the City to amend the City Code in order
to implement the Act,ensure that the City's regulations governing solar energy system standards
and solar electric power collection/generation facility standards are consistent therewith, and to
adopt new regulations as consistent with the Act;and
WHEREAS,the City passed Ordinance 1377-19 on its second reading on the 9t1i day of
September,2019 creating Part 7.09.01.03 "Solar Energy System Standards"and 7.09.30 "Solar
Electric Power Collection/Generation Facility Standards"or the land development code;and
WHEREAS,the Act has been substantially modified to preempt many powers of the local
government authority to regulate the installation of solar energy system standards and solar electric
power collection/generation facility standards;and
WHEREAS,the City finds that it is necessary to repeal Ordinance 1377-19 as many of its
contents do not now confirm with the modified Act.
I ,
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida,as follows:
Section 1. Recitals.
The Whereas Clauses above are true and accurate and are incorporated by reference and
made a part of this Ordinance.
Section 2. Authority.
This Ordinance is enacted pursuant to Chapter 163.04,Florida Statutes,and under the home
rule powers of the City.
Section 3. Repeal of Ordinance 1377-19.
City of Zephyrhills Ordinance 1377-19 Parts 7.09.01.03"Solar Energy System Standards"
and 7.09.30"Solar Electric Power Collection/Generation.Facilit);Standards"shall be repealed in
their entirety.
Section 4. Severability.
t.�
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 5. 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
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ORBK10393 PG2513 Page2of2
renumbered or re-lettered and the word"ordinance"may be changed to"section,""part,""article,"
"regulation,"or such other appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
6 tie�fdf.tIng Ordinance No. 1418-21 was read and passed on the first reading in an open and
,;6C
regular ec' ng of the City Council of the City of Zephyrhills,Florida,on this 28th day of June,
2021.
43 • " i Attest:, aaa'J
§�. Lorj,.'Hillman,City Clerk W.Alan Knight,Co cil President
roe . . C"-
• .n/.)eforegoing Ordinance No. 1418-21 was read and passed on e second reading, following a
p lia. ,in an open and regular meeting of the City Council of the City of Zephyrhills,
, da;bn.tl ,12`,!' day of July,2021.
Attlt: , 0.16_
_ • Lori•L,Hillman,City Clerk .Alan Knight,Co cil President
•
r0L9sTv•°.
Theforegoing Ordinance No. 1418-21 was approved by me this 12th day of July,2021.
Gene tfield,Mayor/
Approved as to legal form and legal cintent
Matthew E.Maggard,City Attorney
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