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

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(g) Petitioner shall be required to establish: (1) The petitioner is a potential claimant under federal or state law; (2) The petitioner believes in good faith that the City through implementation of this moratorium has intentionally or unintentionally violated federal or state law for the reasons stated in the application; and (3) The laws the City has allegedly violated shall be identified, and the ways it which they have been allegedly violated by the moratorium shall be explained with specificity. (h) At a minimum, the City Commission shall consider the following non- exclusive factors under the criteria set forth in subsection (e) above: (1) The history of the property; (2) The history of the commercial, business or any use on the property; and (3) The location of the property relative to any major highway, collector or arterial streets. (i) At the conclusion of the Public Hearing and after reviewing the evidence and testimony placed before it, the City Commission shall act upon the request either to approve, deny, or approve in part and deny in part the request made by the applicant. A written determination shall be issued by Resolution no later than thirty (30) days after { -, hearing. Any determination denying the requested relief shall be final, shall be based on competent, substantial evidence, shall be in writing, and shall state the reasons why the relief was denied. The final written determination shall be sent to the petitioner by certified mail, return receipt requested. (j) Completion of the zoning relief procedures shall be a supplement to, and not a substitute for, any pre - litigation dispute resolution processes available by law to the City or the petitioner. Completion of the zoning relief procedures shall evidence the exhaustion of all administrative remedies available from the City. SECTION 6. SEVERABILITY. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION 7. CONFLICTS. This ordinance shall stand repealed as of 12:01 a.m. on Tuesday, March 23, 2010, unless sooner repealed; provided, however, that nothing herein shall prevent the re- adoption or ratification of this Ordinance in the same or similar form. Ordinance 09 -1302 Page 6