09-1302 175 Day Moratorium on New Pawn, Tattoo, Body Piercing & Auto Sales Businesses

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(a) No application for business tax license, permit, development order or any other official action of the City having the effect of permitting or allowing the operation or construction of a pawn shop, tattoo parlor, body piercing salon, or used automotive sales use may be filed, accepted, or processed, other than an application for the maintenance of an existing pawn shop, tattoo parlor, body piercing salon, or used automotive sales use for an existing lawfully operating pawn shop, tattoo parlor, body piercing salon, or used automotive sales use located in the Moratorium area by any Department, Board, Commission, or Agency of the City of Casselberry, except as provided in subsection (c) below and Section 5 of this Ordinance. (b) No development order may be issued for any application for business tax license, permit, development order, or any other official action of the City, located in the Moratorium area permitting or having the effect of permitting the operation or construction of a pawn shop, tattoo parlor, body piercing salon, and used automotive sales use, unless an application for a permit, development order or any other official action of the City was properly filed with the City of Casselberry on or before 5:00 p.m. on Monday, August 10, 2009, except as provided in subsection (c) below and Section 5 of this Ordinance. (c) The imposition of the moratorium is not intended to affect nor does it affect the processing of any application for business tax license, permit or the issuance of a development order, or any other official action of the City, within the Moratorium area for which any application for permit was properly filed with the City of Casselberry on or before 5:00 p.m. on Monday, August 10, 2008. SECTION 5. ALLEVIATION OF EXTRAORDINARY HARDSHIP. (a) The City Commission may authorize exceptions to the moratorium imposed by this Ordinance when it finds, based upon substantial competent evidence presented to it, that deferral of action on an application for permit, development order, or other official action of the City for the duration of the moratorium would impose an extraordinary hardship on a landowner or petitioner. (b) A request for an exception based upon extraordinary hardship shall be filed prior to filing a lawsuit with the City Manager or designee, including a non - refundable fee of 350.00 by the owner /petitioner, or the petitioner with the consent of the owner /petitioner, to cover processing and advertising costs, and shall include a recitation of the specific facts that are alleged to support the claim of extraordinary hardship, and shall contain such other information as the City Manager shall prescribe as necessary for the City Commission to be fully informed with respect to the application. (c) A public hearing on any request for an exception for extraordinary hardship shall be held by the City Commission at the first regular meeting of the City Commission that occurs after the expiration of the period for publication of notice of the request for an exception. Ordinance 09 -1302 Page 4