§ 18-2. Moratorium—Internet cafes, game/recreational facilities, adult arcade amusement centers, etc.

(a)

The Land Development Code and the Code of Ordinances of the City of Port Orange, Florida, are hereby amended by placing a moratorium on the issuance of development orders, building permits and zoning approval for business tax receipts for internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities as principal or accessory uses. The moratorium imposed herein shall extend to any and all kinds of development orders, building permits and zoning approvals for business tax receipts that relate to internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities, except as provided in subsection (b). For purposes herein, the term, "development order," shall have the same meaning as that set forth in F.S. § 163.3164.

(b)

Applications for issuance of a development order or permit for the internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities shall be considered pursuant to the following requirements:

(1)

To protect the due process and other constitutional rights of applicants and the general public, applications submitted prior to the date of enactment of a resolution of intent to declare the moratorium whereupon Ordinance No. 2011-9 became a pending ordinance, shall be processed in good faith and development orders/permits, building permits and zoning approvals for business tax receipts for such applications may be issued during the pendency of the moratorium.

(2)

To protect the due process and other constitutional rights of applicants and the general public, applications received on or after the date of enactment of a resolution of intent to declare the moratorium whereupon Ordinance No. 2011-9 became a pending ordinance but prior to the date that this section became effective shall be processed in routine fashion without slowing or accelerating review. However, if no final development order/permit, building permit and zoning approval for business tax receipts has been issued before the effective date of this section, such applications shall be subject to the moratorium on the issuance of development orders/permits, building permits and zoning approvals for business tax receipts as set forth in subsections (a) and (b).

(3)

Applications received on or after the effective date of this section may be received and reviewed. However, no development order, building permit or zoning approval for business tax receipts shall be issued in violation of the moratorium on the issuance of development orders, building permits and zoning approvals for business tax receipts as set forth in subsections a and b of this section. If amendments to the comprehensive plan or the land development code are adopted by the city council on or before the expiration of the moratorium that revise the substantive or procedural legal requirements regarding the internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities, any application not approved for issuance of a development order, building permit and zoning approval for business tax receipts and submitted on or after the date of enactment of a resolution of intent to declare the moratorium whereupon Ordinance No. 2011-9 became pending but before the expiration of the moratorium shall be required to comply with the new substantive or procedural legal requirements.

(c)

The moratorium extended and imposed by this section shall expire 180 days after the expiration date of July 18, 2011, established in Ordinance 2010-38, or the adoption of an ordinance amending the Code of Ordinances and the Land Development Code regarding the permitting of or otherwise regulating the internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities, whichever event shall first occur. The moratorium shall be deemed to be in effect over all of the geographic area of the city now existing or which may be hereafter annexed during the pendency of the moratorium. Ordinance No. 2011-9 shall be deemed to be pending on the internet cafes, game/recreational facilities, adult arcade amusement centers and other similarly operated facilities, within the meaning of the term "pending ordinance" as that term is used in Smith v. City of Clearwater, 403 So.2d 407 (Fla. 1981).

(d)

During the pendency of this moratorium the city manager and the community development director shall proceed in good faith to undertake a planning study to determine appropriate amendments to development-related ordinances, if any.

(e)

The community development director shall make interpretations of this section.

(Ord. No. 2011-9, § 1, 6-7-11)