Ordinance No. 90-25-256ORDINANCE NO. 90-25-256
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT
REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-24-253; THIS
ORDINANCE SPECIFICALLY AMENDING SECTION 24-113(c), LIGHT
INDUSTRIAL AND WAREHOUSING DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 14, 2024 the City Commission of the City of Atlantic Beach enacted
Ordinance No. 90-24-0253 amending and restating the City of Atlantic Beach Land Development
Regulations, Chapter 24 of the City's Code of Ordinances, and
WHEREAS, the City of Atlantic Beach recognizes that said Chapter 24, Land Development
Regulations, requires comprehensive revisions periodically to meet the community's needs to update
content, standards, and administrative guidance; and
WHEREAS, the City of Atlantic Beach desires to have Land Development Regulations that are
clear, concise, and streamlined; and
WHEREAS, Section 163.3174(1), Florida Statutes, requires that the governing body of each local
government in Florida shall designate and by ordinance establish a "local planning agency;" and
WHEREAS, the City of Atlantic Beach Community Development Board has been duly designated
as the Local Planning Agency of the City; and
WHEREAS, Section 163.3174(4)(c), Florida Statutes, provides that the land planning agency shall
review all proposed text amendments to land development regulations and make recommendations to the
governing body as to the consistency of the proposed revisions with the adopted comprehensive plan; and
WHEREAS, the Community Development Board acting in its capacity as Local Planning Agency,
held a duly advertised public hearing on June 17tr', to receive public comments on the proposed amendment
to Chapter 24, Land Development Regulations and, finding the proposed amendment to said Chapter 24
inconsistent with the City's adopted 2045 Comprehensive Plan, voted to recommend denial of said update
and revisions to Chapter 24, Land Development Regulations; and
WHEREAS, after due notice and publication, the City Commission held two (2) public hearings
to receive public comments and receive the recommendation of the Community Development Board; and
WHEREAS, the City Commission has found and determined that the proposed update and
revisions to Chapter 24, Land Development Regulations will foster and preserve the public health, safety
and welfare and aid in the harmonious, orderly and progress development of the City of Atlantic Beach and
thus will serve a valid public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Reeulation Amended. Section 24-113(c) of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
Ordinance No. 90-24-256 Page 1 of 3
(c) Uses -by -exception. Within the light industrial and warehousing zoning district, the following uses may
be approved as a use -by -exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county and state
fire codes.
(2) Communication tower (radio, TV and telecommunications).
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors,
boats, automobile parts and accessories (except salvage yards), machinery and equipment,
farm equipment, lumber and building supplies, mobile homes, monuments and similar
sales establishments.
(5) Establishments for major automotive repair and towing service.
(6) Permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery
and equipment, farm equipment and similar uses within completely enclosed buildings.
(7) Welding shops, metal fabrication and sheet metal works.
(8) Manufacture and production of boats and surfboards.
(9) Pain management clinics.
(10) Processing (excluding animal processing and slaughterhouses).
(11) Wholesale food processing.
(12) Off-street parking lots.
(13) Cabinet shops, woodworking shops.
(14) Recycling collection center within an enclosed building.
(15) Truck rental and leasing.
1161 Health clubs and gyms
SECTION 2. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of,
and exercise the authority set out in, the Community Planning Act, as codified in the applicable portions of
Chapter 163, Part II, Florida Statutes.
SECTION 3. Findings. The City Commission hereby finds and determines that:
(a) The findings set forth in the recitals to this Ordinance are true and correct.
(b) The Community Development Board, acting in its capacity as the Local Planning Agency for
the City held a public hearing on June 17'h, to consider the proposed amendment to Chapter 24,
Land Development Regulations of the City's Code of Ordinances, and found them to be
inconsistent with the Comprehensive Plan and incompatible with the light industrial area, and
Ordinance No. 90-24-256 Page 2 of 3
is not recommended that the City Commission not adopt said amendment to Chapter 24, Land
Development Regulations.
(c) The amendment to Chapter 24, Land Development Regulations, of the City's Code of
Ordinances, is consistent with the City's adopted 2045 Comprehensive Plan.
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are
repealed to the extent inconsistent herewith.
SECTION 5. Codification and Scrivener's Errors. The publisher of the City of Atlantic Beach's
Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate the Land
Development Regulations Update as Chapter 24 into the City's Code of Ordinances. Sections of the Land
Development Regulations Update may be renumbered or re -lettered and scrivener's errors, formatting and
typographical errors and other minor, inadvertent graphical errors in Chapter 24 which do not affect the
intent may be authorized by the City Manager and City Attorney without the need of public hearing, by
filing a corrected or re -codified copy of same with the City Clerk.
SECTION 6. Applicability. The provisions of the Land Development Regulations amendment
shall apply to all applications, decisions or controversies pending before the City of Atlantic Beach upon
the effective date hereof or filed or initiated thereafter, provided that certain development, land use or
construction, if qualified, may have vested rights to continue or be completed under the terms of the
repealed ordinances or provisions therein.
SECTION 7. Severability. If any section, sentence, clause, or other provision of this Ordinance,
or any provision of the Land Development Regulations amendment shall be held to be invalid or
unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding of invalidity or unconstitutionality shall not be construed as to
render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this
Ordinance, or of the Land Development Regulations Update.
SECTION 8. Effective Date. This Ordinance shall take effect upon final review and approval.
PASSED on first reading and following a public hearing on July 14, 2025.
PASSED AND DULY ADOPTED on final reading and following a public hearing on July 28,
2025.
CITTL
CITY ACH
14
Curtis Ford, May r
Attes
Donna L. Bartle, City Clerk
A roved as to form and correctness:
Jason Gabriel, City Attorney
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