856-03 Amend Transportation Impact Fee Ordinance

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OR !3K 5606 Pr, 310 3 of 13 difficult to meet the standard nexus test applied by the Appellate Courts of the State of Florida. Furthermore,it is the stated goal of the City Council of the City of Zephyrhills that it would like to attract into the CRA businesses and residences that would increase the economic viability of the community and the quality of life within the area.The exclusion of transportation impact fees is a good incentive to lure businesses and residences which have the ability to positively impact the economy of the City of Zephyrhills and the CRA. F. It is not the purpose of this Ordinance to collect any money from new land development activity generating traffic in excess of the actual amount necessary to offset the demand on the major road network system generated by the new land development activity. It is specifically acknowledged that City Council has approached the problem of determining the"Fair Share Fee" in a conservative and reasonable manner. This Ordinance will only partially recoup the governmental expenditures associated with growth.Established residents will still be required to bear the appropriate share of the cost of the road network system. SECTION III. Rules of Construction. For the purposes of administration and enforcement of this Ordinance,unless otherwise stated in this Ordinance, the following rules of construction shall apply to the text of this Ordinance: (1) In case of any difference of meaning or implication between the text of this Ordinance and any caption,illustration,summary table or illustrative table,the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (3) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates to the contrary. (4) The phrase"used for"includes"arranged for", "designed for","maintained for"or "occupied for". (5) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (6) Unless the context clearly indicates the contrary where a regulations involves two (2)or more items, conditions,provisions, or events connected by the conjunction"and", "or" or "either....or", the conjunction shall be interpreted as follows: (a) "And"indicates that shall connected terms,conditions,provisions or events shall apply. (b) "or"indicates thatthe connected items,conditions,provisions or events may apply singly or in any combination. (c) "Either....or" indicates that the connected items, conditions,provisions or events may apply singly but not in combination. (7) The word"includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances of circumstances of like kind or character. (8) Where a road right-of-way is used to define zone boundaries,that portion of the road right-of-way demarcating the boundary may be considered as part of any zone it bounds. SECTION IV. Definitions.