2016-016 Above-Ground Utility Poles - Temporary Moratorium ORDINANCE NO. 2016-016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
IMPLEMENTING A TEMPORARY MORATORIUM UNTIL APRIL 30,
2017 ON THE PROCESSING AND CONSIDERATION OF
APPLICATIONS FOR DEVELOPMENT ORDERS, DEVELOPMENT
PERMITS, AND RIGHT OF WAY UTILIZATION PERMITS FOR
ABOVE-GROUND UTILITY POLES IN THE EXISTING RIGHT OF
WAY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and
proprietary powers necessary to conduct municipal government and perform municipal
functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, the City has found that there is a need to create regulations relating to
location of above-ground utility poles within existing right of way that will meet the City's
land development regulations as well as Florida Department of Transportation safety
standards; and
WHEREAS, the City staff is in the process of evaluating the City Code of
Ordinances and Land Development Code and intends to present to the City Commission a
proposed ordinance or ordinances establishing regulations staff can use when considering
applications for installation of above-ground utility poles within the existing right of way;
and
WHEREAS, the City wishes to place the public and all parties on notice that it is
considering such amendments and is hereby creating a temporary moratorium on the
acceptance, processing, and consideration of applications for development orders,
development permits, and right of way utilization permits for this purpose;
WHEREAS, pursuant to the pending legislation doctrine set forth in Smith v. City of
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City hereby declares and implements
the pending ordinance doctrine concerning the zoning and land development regulations
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governing such applications; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in
the best interest of the City and its residents and promotes the health, safety, and welfare
of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
Section 3. Definitions. For the purposes of this Ordinance, the terms
"development order" and "development permit" have the same meaning as these terms
are defined at Section 163.3164, Florida Statutes.
Section 4. Moratorium. Unless otherwise specifically provided for in this
Ordinance, the City hereby places a temporary moratorium (suspension) on the
processing and consideration of all applications for development orders, development
permits, and right of way utilization permits for installation of above-ground utility poles
within the existing right of way from the effective date of this Ordinance until April 30,
2017, unless this Ordinance is terminated earlier or extended by an Ordinance or
Resolution duly adopted by the City Commission.
Section 5. Conflict. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions hereto.
Section 7. Non-codification. It is the intention of the City Commission that
the provisions of this Ordinance shall not be codified.
Section 8. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
[Signatures to Follow]
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PASSED AND ADOPTED this _Pr day of /VA/ember , 2016.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
•
Melanie Sibbitt, City Clerk
Rusty Johnso1i, v-or
(SEAL)
ADVERTISED /d - 0, 2016
READ FIRST TIME -fxr /,` , 2016
READ SECOND TIME AND ADOPTED
thrirnbir , 2016
UNDER AGENDA ITEM NO. /D
FOR USE AND RELIANCE ONLY BY (Temporary Moratorium on Development on Above-Ground
THE CITY OF OCOEE, FLORIDA; Utility Poles)
APPROVED AS TO FORM AND
LEGALITY rr
This (Srday of )��tp.1. , 2016.
SHUFFIELD, LOWMAN & W171, P.A.
By: _
City As,\
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