Members of the Wellington Village Council voted unanimously last week to reinstate an ordinance that would allow temporary stalls for some farms if a major storm were to damage permanent facilities on the property.
At a meeting Tuesday, June 10, council members agreed to bring back a provision from 2005 that would suspend the prohibition of tent stalls in certain communities if the barn on the property was blown down or severely damaged.
“In 2005, after several storms, the village approved this emergency ordinance,” Planning & Development Services Director Tim Stillings said. “It expired in 2006.”
Although the 2005 ordinance catered to the specific emergency situation in the wake of Hurricane Wilma, Stillings said a more general ordinance could benefit equestrian properties in the event of another major storm.
“This would establish a more general emergency provision for natural disasters,” he said.
Those requesting temporary stalls would still have to obtain a special use permit, and a building inspector would have to declare the existing, permanent barn a hazard for occupants.
Stillings said the tents could be put up for no longer than 24 months, but only as long as there is a building permit issued for the property with ongoing construction.
“The permanent barn or stable must be being replaced or rebuilt,” he said.
Councilman Matt Willhite asked what the impetus was for the ordinance to be renewed.
“This was done in 2005 and expired in 2006,” he said. “Why do you feel you need it in 2014?”
Stillings said the ordinance was still on the books when staff was reviewing the Equestrian Overlay Zoning District.
“Rather than repeal it completely, we thought a more general provision would be adequate,” he said.
Willhite pressed him on the issue. “You’re asking to amend the language that has expired to bring it back,” he said.
Regardless, Stillings said it was still in the code. “Even though it’s expired, it’s still within the code,” he said.
Councilwoman Anne Gerwig made a motion to approve the ordinance, which passed unanimously.
In other business, the council approved the final reading of an ordinance that eliminates Wellington’s regulation of firearms and other dangerous instruments within village-run parks.
Council members unanimously agreed to repeal the measures, which are now in conflict with state law.
“In 2011, the Florida legislature preempted these laws,” Village Attorney Laurie Cohen told council members.
The sweeping law gives only the state authority over firearm regulation, voiding any laws enacted by individual municipalities. Cohen said that although the state law supersedes Wellington’s codes, it would be best to eliminate the regulations altogether.
“Even though the state legislature says this is unenforceable, the regulations remain on our books,” she said. “I wouldn’t want a situation where someone who is unfamiliar with the state statute tries to enforce this ordinance. My recommendation is that we remove this provision from our code.”
Willhite made a motion to that effect, which passed unanimously.
ABOVE: The Wellington Village Council.
