HomeMy WebLinkAboutOrdinance No. 1455-23 12 Month Moratorium on Indoor and Outdoor Storage FacilitiesINSTR# 2023039744 OR BK 10777 PG 2127 Page 1 of 3
03/08/2023 09:34 AM Rcpt: 2558164 Rec: 27.00 IDS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
A
ZEPHYRHILLS, FLORIDA ESTABLISHING A 12 MONTH
MORATORIUM ON RECEIVING AND PROCESSING PLANS / PERMIT
APPLICATIONS FOR RECREATIONAL VEHICLE STORAGE,
MATERIAL LAYDOWN AREAS AND INDOOR STORAGE FACILITIES;
PROVIDING . FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article V111 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, the City has an industrial corridor with land available for industry and the
creation of local jobs. Economic impact is provided when industry with buildings are constructed
to provide ad valorem revenue to the City of Zephyrhills and generally require a smaller amount
of City services; and
WHEREAS, the City is receiving applications for a variety of storage uses with no
permanent structures; thereby creating limited ad valorem / jobs and reducing the potential
economic impacts on said undeveloped properties in the City. The City's Comprehensive Plan
Economic Development Element encourages manufacturing / industry and job creation; and
WHEREAS, the City is also receiving applications for indoor storage facilities that also
create little / few jobs and the City has realized other governmental entities establishing standards
to require indoor storage facilities required to be included as part of a mixed used development
offset from public right-of-ways; 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 these types of uses would have on adjacent
land uses in the City; the fiscal impacts and if additional standards are warranted;
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 / development
standards necessary for recreational vehicle storage, material laydown areas and indoor storage
facilities, 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.
OR BK 10777 PG 21 28 Page 2 of 3
Section 3. Temporary Moratorium
Beginning on the effective date of this ordinance and continuing through February 27,
2024, or sooner if provided pursuant to Section 5 of this ordinance, a moratorium is hereby
imposed on the submittal of plans / permits for recreational vehicle storage, material laydown areas
and indoor storage facilities.
Section 4. Exemptions
The following are hereby exempt from this Ordinance: (1) developments which have been
issued a Conditional Use by City Council for recreational vehicle storage, material laydown areas,
or indoor storage facilities prior to the effective date of this ordinance; and (2) developments which
have held a pre -application meeting with city staff prior to the effective date of this ordinance; (3)
developments which have submitted site development plans prior to the effective date of this
ordinance; and (4) developments which are approved as part of a Planned Unit Development
(PUD) Master Plan prior to the effective date of this ordinance.
Section 5. Expiration of the Temporary Moratorium.
The temporary moratorium imposed by Section 3 of this ordinance expires as of the earliest
of the follow occurrences:
a. February 27, 2024; or
b. A date before February 27, 2024, if provided by Ordinance of the City
Council of the City of Zephyrhills, Florida.
Section 6. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 7. 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.
Section 8. 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 9. 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 10. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
The foregoing Ordinance No. 1455-23 was read and passed on the first reading in an open
and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 13" day of
February, 2023.
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OR BK 10777 PG 2129 Page 3 of 3
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or
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,ori L Hillman, City Clerk Jodi Wilkeson, Council President
The foregoio ,Ordinance No. 1455-23 was read and passed on the second reading, following a
ublicng
in an open and regular meeting of the City Council of the City of Zcphyrhills,
Flo ridaon ihis'27th
day of February, 2023.
Att: "
Low 1�'#llman, City Clerk Jodi Wilkeson Council President
The foregoing Ordinance No. 1455-23 was approved by me this 27th day of February, 2023.
Gene itfield, Ma r
Approved as to legal form and legal content
Matthew E. Maggard, City Attorney
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