Fort Walton Beach Ordinance — 2135--Moratorium on Livery Vessels--Tabled — reading text

ERF.ADIMA DATE ! 1st ORDINANCE 2135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT / WALTON BEACH, FLORIDA, RELATING TO LIVERY VESSELS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE noi- zi PROVIDING FOR A TEMPORARY MORATORIUM ON LIVERY VESS PERMITS; DIRECTING STAFF TO DEVELOP RECOMMENDAT NS FOR REGULATION OF LIVERY VESSELS TO PROTECT THE BLIC HEALTH, SAFETY, AND WELFARE; PROVIDING FOR SEVE ILITY; MQe{ wig PROVIDING FOR EXPIRATION OF MORATORIUM; AND P OVIDING business FOR AN EFFECTIVE DATE. a ow net's an te,seni WHEREAS, pursuant to Chapter 327. 60 of the Florida the governing body of a & rdi na nee municipality may regulate the operation of livery vessels; 1A April, WHEREAS, section 5. 04. 32, City Land provides for the following definitions: A. A livery vessel establi,,7f nt may include the following uses: The lease, rental, or chart of livery vessels, including boats and persona] watercraft, o members of the public for consideration pursuant to Se tion 327. 02, F. S., including the activities associated with thi including the transport of customers to and from the livery ves is and service of other needs of such customers. It shall also ' dude operation of and maintenance of chase" vessels for etrieving customers from disabled or damaged vessels. I shall also include service, repair, and maintenance of liv vessels and chase vessels including, but not be limited to, pr ssure washing, sanding, painting, performing mechanical rep rs, performing fiberglass and other repairs to the exterior of li ery vessels, upholstery fabrication and repairs, gelcoat reps' , buffing, waxing, polishing, and detailing vessel interiors a exteriors. These facilities may also engage in the storage o livery vessels and equipment, diesel fuel or gasoline fuel sto ge and fueling of livery vessels, and retail sales as an access ry use. A livery vessel is as defined in Section 327. 02, F. S., but do s not mean: 1) a vessel under the control at all times by a United tates Coast Guard licensed Captain; or (2) paddleboards, kayaks, canoes, or any other vessel not powered by an internal combustion engine or a sail ( sailboards excluded). A personal watercraft as defined in Section 327. 02( 36), F. S., shall be included in the definition of a livery vessel for purposes of this Section.  A livery vessel vendor means any person or dealer, as those terms are defined in Section 327. 02, F. S., who rents or leases for hire any livery vessel. Vessel is synonymous with boat as referenced in Section 1( b), Art. VII, of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (emphasis added); and WHEREAS, the waterways adjacent to the landward municipal limits of the City of Fort Walton Beach are severely overcrowded resulting in a dangerous congestion of vessels; and WHEREAS, the rental of livery vessels significantly contributes to the above- described congestion by renting livery vessels to an abnormally high number of inexperienced and ineffective livery vessel operators, which severely increases the danger to the public' s health, safety, and welfare; and WHEREAS, the rental of livery vessels significantly contributes to the deterioration of water quality in the waterways of the City and the waterways immediately adjacent to the City; and WHEREAS, the City Council has determined that the above -recited facts have resulted in significant danger to the health, safety, and welfare of the public; and WHEREAS, the City of Fort Walton Beach City Council approved Ordinance 2074 at its regular meeting on August 24, 2021, amending Chapter 5 of the Land Development Code to regulate livery vessels and seeks to improve its existing regulations; and WHEREAS, the City of Fort Walton Beach currently lacks adequate regulations to reduce, mitigate, or eliminate the adverse effects of a proliferation of livery vessels in the waterways adjacent to the City of Fort Walton Beach; and WHEREAS, the City Council desires that staff evaluate, and obtain the resources needed to evaluate, the existing land development regulations governing livery vessel establishments and make recommendations for additional regulations to more adequately address the uses, congestion, overcrowding, and resulting water quality of the waterways adjacent to the City; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH AS FOLLOWS:  Section 1. Legislative Findings. The above stated findings are hereby adopted and fully incorporated herein. Section 2. Authority and Intent. The authority for enactment of this ordinance is pursuant to the powers vested in the City by s. 2( b), Art. VIII of the State Constitution, Section 166. 021 and 166. 041( 3)( b) of the Florida Statutes, Section 327.60 Florida Statutes, and the Fort Walton Beach City Charter. The intent of this ordinance is to ensure that the risk to the public' s health, safety, and welfare is not adversely affected by the increased proliferation of livery vessels in the adjacent waterways that pose a heightened risk to the public while the City seeks to research and establish adequate and improved regulations to minimize risk to the public' s health, safety, and welfare presented by livery vessel rental businesses. Section 3. Definitions. For the purpose of this ordinance, " Substantial Hardship" means a demonstrable, direct, financial detriment in excess of $10, 000. 00 suffered by a Vendor as a result of capital investments purchased in reliance on the terms of ordinance 2074. All other terms used herein shall have the same meanings as described in section 5. 04.32, City of Fort Walton Beach, Land Development Code. Section 4. Temporary Moratorium. There is hereby enacted a Temporary Moratorium on the permitting and operation of all livery vessel establishments originating from or within the municipal limits of the City of Fort Walton Beach and adjacent waterways. For a period of one calendar year from the adoption date of this Ordinance, the City shall not ( 1) issue approvals for any site plan( s) for a livery vessel establishment; ( 2) issue any development order or new building construction permit for a livery vessel establishment; or ( 3) issue any business tax receipt to a livery vessel establishment, subject to the following: 1. This Temporary Moratorium shall not prohibit the renewal of existing business tax receipts for those livery vessel establishments that ( a) were in possession of a business tax receipt from the City of Fort Walton Beach as of September 30, 2023, and ( b) were in legal compliance with Section 5. 04.32, City Land Development Code, as of September 30, 2023. 2. Livery vessel establishments that ( a) were in possession of a business tax receipt from the City of Fort Walton Beach as of September 30, 2023, and ( b) were in legal compliance with Section 5. 04. 32, City Land Development Code, as of September 30, 2023 shall be entitled to maintain existing development approvals including but not limited to site plans previously approved by the City, but may not expand their livery vessel establishment use during the Temporary Moratorium. 3. The City Council may make exceptions to this Temporary Moratorium if a livery vessel establishment demonstrates a Substantial Hardship, as the term is defined herein. 4. Nothing herein shall prohibit an existing livery vessel establishment from downsizing its use or ceasing to operate during the Temporary Moratorium.  Section 5. Direction to Staff. City staff is directed to evaluate and develop such recommendations, as staff may deem appropriate, for adoption of appropriate regulations that consider, among other things, aesthetics, socioeconomic impact, quality of life for the public, tourism, and community character issues including population concentration, availability of open space, habitat diversity, and the diversity and health of existing species within the waterways adjacent to the City of Fort Walton Beach. Section 6. Expiration of Moratorium. Unless extended by amendment of this Ordinance, this Temporary Moratorium shall expire one year from the date of adoption. The City Council may extend the Temporary Moratorium established in this ordinance upon a finding by the City Council that the problems giving rise to the need for the Temporary Moratorium established herein continue to exist and that reasonable progress is being made in carrying out a specific and prompt plan of corrective legislative action, but that additional time is reasonably needed to adequately address the issues facing the City. Section 7. Severability. If any section, phrase, sentence, 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 thereof. Section 8. Effective Date. This ordinance shall become effective upon its adoption by the City Council and signature by the Mayor. Adopted Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the City of Fort Walton Beach, only. Kim M. Barnes, City Clerk Kimberly Romano Kopp, City Attorney