813-02 Amend Ordinance 794-02 re. Vendors

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ORDINANCE NO.: 813.='02 AN ORDINANCE OF THE CITY COUNCIL OF �= THE CITY OF ZEPHYRHILLS, FLORIDA; A j MUNICIPAL CORPORATION, AMENDING ORDINANCE NO.: 794-02, KNOWN.: AS THE VENDOR'S ORDINANCE BY- ADDING SUBSECTION 3.06-(VARIANCE) TO PROVIDE THE BOARD OF ADJUSTMENTS AUTHORITY = __ TO GRANT VARIANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting ;O U X1 in regular meeting that: !°t 01 Section 1: That Ordinance No.: 794-02, Section 3. Vendor Application Procedures I NI of the Zephyrhills Code of Ordinance is hereby amended to provide for the following: 7.0 ORDINANCE NO.: 794-02 '-4 n SECTION 3. Vendor Application Procedures. - 3.06 Variance. Q • Any applicant under this Ordinance may petition the Board of Adjustments for a variance from the terms and conditions of this Ordinance. Every petition for such variance shall be accompanied by a $ 5 0 . 0 0 application fee to cover the City's costs of investigation and publication of a notice of public hearing before the Board of Adjustments. At the hearing,the Board of Adjustments shall review the application and specifically p consider the following: ri cs i. The nature of the Petitioner's business; ii. The location of the requested license; iii. The size of the unit or the nature of the Petitioner's business and if same ` would impede pedestrain or other forms of traffic; and iv. Whether the Petitioner's request will be in the best interest of the citizens of i the City of Zephyrhills. ID G� After a hearing, the Board of Adjustments shall place their findings and any other !(..C.4-'0 matters in a motion to approve or deny the Petitioner's request for variance. A variance granted by the Board of Adjustments shall be for one (1) year, or the balance of the permit. If a same or similar variance is requested for any extension or renewal of the Vendor's agreement, it shall be requested again by petition. The City many waive any variance fee for the Petition for any extension or renewal of the Vendor's agreement, provided that it had not been denied the previous year. Section 2: The provisions of this Ordinance are severable, and if any section, sentence, clause, or phrase is for any reason held to be unconstitutional, invalid, or ineffective, this holding shall not affect the validity of the remaining portions of the Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion of any invalid portion or portions. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540