1418-21 Repeal of Ordinance 1377-19 Solar Energy

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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 Page 1 of 2