1376-19 Cargo Container Moratorium (1 year).

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INSTR# 2019019437 BK 9854 pG 1248 02/05/2019 08:24am Page 1 of 3 Rcpt: 2025789 Rec: 27.00 DS: 0.00 IT: 0.00 Paula S. O 'Neil , Ph.D. ORDINANCE NO. 1376-19 Pasco County Clerk & Comptroller /y, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF //� ZEPHYRHILLS, FLORIDA ESTABLISHING A 12 MONTH MORATORIUM ON RECEIVING AND PROCESSING PERMIT APPLICATIONS FOR CARGO CONTAINERS AND CARGO-LIKE (CONEX) CONTAINERS FOR RESIDENTIAL PURPOSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII 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, Cargo containers and cargo-like (conex) containers are utilized by property owners around the State of Florida as single family and multifamily residential units. Said use of such containers is not currently addressed in the City of Zephyrhills Land Development Code or the Code of Ordinances; and WHEREAS,the City does not currently have an application for the use of cargo containers and cargo-like(conex)containers as residential dwelling units. However,the planning department anticipates that property owners may attempt to convert cargo containers and cargo-like (conex) containers into residential dwelling units within the City; 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 this type of dwelling would have on other ..•r adjacent land uses in the City; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the use of cargo containers and cargo-like(conex) containers as residential dwelling units within the City limits of the City of Zephyrhills; and 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 of cargo containers and cargo-like (conex) containers being used as residential dwelling units, 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. YRecord and Return to: RCity Clerk's Office 1 5335 8th Street Zephyrhills, FL 33542