Ordinance No. 5-26-73ORDINANCE NO. 5-26-73
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 14,
PLANNING/ZONING/APPEALS, ARTICLE I, SECTION 14-1 REMOVE
OUTDATED REFERENCE TO THE COMPREHENSIVE PLAN AND
ALLOW FOR AMENDMENTS TO THE COMPREHENSIVE PLAN;
ARTICLE II COMMUNITY DEVELOPMENT BOARD, SECTION 14-17,
COMPOSITION; QUALIFICATIONS OF MEMBERS; OFFICERS
ADDING A SECOND ALTERNATE MEMBER; SECTION 14-18, TERMS
OF OFFICE OF MEMBERS; FILLING OF VACANCIES, DELINEATING
THE SUCCESSION OF THE ALTERNATE MEMBERS; SECTION 14-19,
REMOVAL OF MEMBERS, CLARIFYING THE PROCESS; SECTION 14-
24 APPEALS, CHANGING DIRECTOR TO CITY MANAGER OR
HIS/HER DESIGNEE; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 14 of the Code of Ordinances for the City of Atlantic Beach
provides for the official reference for Comprehensive Plan, regulations and structure for the
Community Development Board (CDB); and
WHEREAS, upon recommendation by the Board Member Review Committee,
Commission seeks to add one additional alternate member to the community development board;
and
WHEREAS, the City desires to make additional changes to Chapter 14 to streamline and
provide consistency regarding the CDB; and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. Chapter 14 Planning/Zoning/Appeals, of the City of
Atlantic Beach, Florida, Code of Ordinances is hereby revised, as more fully set forth and
described in Exhibit A, attached hereto and made part hereof, and hereby adopted to read as
shown in Exhibit A.
SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to update
the code to clarify and streamline the code.
SECTION 3. 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Ordinance are repealed to the extent inconsistent herewith.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 4. Severability. If a Court of competent jurisdiction at any time finds any
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision
Ordinance No. 5-26-73 Page 1 of 2
shall be deemed severable and removed from the remaining provisions of this Ordinance which
shall remain in full force and intact.
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 changes to Chapter 14 (Exhibit A) into the City's Code of Ordinances. Sections of the Chapter
may be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and
other minor, inadvertent graphical errors in Chapter 14 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. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this day of Lei'►'► {Zr-, 2025.
PASSED by the City Commission on second and final reading this 124'' day of
,fdtn1&Y , 2026.
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason R. briel, sq.
City Attorney "
Curtis Ford, Mayor
Ordinance No. 5-26-73 Page 2 of 2
Exhibit A
Chapter 14 PLANNING/ZONING/APPEALS}
ARTICLE 1. IN GENERAL
Sec. 14-1. Comprehensive plan.
(a) The Comprehensive Plan, fGF the City of Atlantic Q„_,.", ti fled "CO „" _ e Plan City 9f Arla.ti Beach,
F'eFida," dated MaFch 1, 1990, a e9py of which is attached hereto as Exhibit "A" and iRGeFP9Fated heFe4�-lay
is y -=adopted for the area of jurisdiction of the City of Atlantic Beach pursuant to the
Chapter 163, Part II, of the Laws of the State of Florida.
(b) Not less than one (1) copy of the comprehensive plan, and any subsequent amendments thereto, shall be
maintained for public inspection in the office of the city clerk, and n9t less thaR one (1) additional eepy each
and any subsequent ameRdments shall be maintained for public inspection on the city's websiteJR
(c) The Local Government Comprehensive Planning and Land Development Regulation Act, F.S. Ch. 163, pt. II,
provides that local governments adopt a comprehensive plan and land development regulations that
implement the adopted comprehensive plan. The standards and provisions in this code have been designed
to implement the comprehensive plan for Atlantic Beach, as may be amended from time to time. When an
amendment to the comprehensive plan creates inconsistency with the Code, then the Code shall be
amended, as provided for in this Code, so as to be consistent with the amended comprehensive plan.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90)
Cross reference(s)—Stormwater management, § 22-301 et seq.
Secs. 14-2-14-15. Reserved.
ARTICLE ll. COMMUNITY DEVELOPMENT BOARD
Sec. 14-16. Created.
There is hereby created a community development board.
Page 1 of 5
Exhibit A
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-17. Composition; qualifications of members; officers.
The community development board shall consist of seven (7) members and ene (-1) two 2 alternate
members a first alternate and a second alternate, appointed by the city commission, none of whom shall hold any
other public office in violation of Article II, Section 5(a), Florida Constitution, all of whom shall be bona fide
residents of the city, and where practical, each shall possess some special skill or knowledge which would assist
them in the discharge of their responsibilities under this article. The alternate members4s are strongly encouraged
to attend every meeting and shall be allowed to vote and participate in CDB business subject to the requirements
of this section only in the absence of regular board members. The first alternate shall have priority to replace the
first regular member who is absent. The community development board shall elect its chairman and vice chairman
from among the appointed members. The community development diFector city manager or his/her designee shall
act as secretary to the board_ undeF the diFection of the city FnanageF.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-15-62, § 2, 5-11-15; Ord. No. 5-18-66, § 1, 1-14-19)
Sec. 14-18. Terms of office of members; filling of vacancies.
The term of office of regular and alternate board members shall be for three (3) years and members may
serve a maximum of three (3) consecutive terms. All terms shall expire on December 31 of the proper year,
provided, however that members whose terms expire shall continue to serve until replacement appointments are
effective. Any board member who wishes to resign should submit a letter of resignation to the chairman and city
clerk. Any vacancy during the unexpired term of an appointed member shall be filled by the city commission for
the remainder of the term. Should the length of the unexpired term be less than one (1) year, then such
appointment shall not count towards the maximum number of consecutive terms. Any vacancy of the first
alternate shall be automatically filled by the second alternate.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03; Ord. No. 5-18-66, § 2, 1-14-19)
Sec. 14-19. Removal of members.
Any member of the community development board may be removed for cause by the city commission upon
written charges and after public hearing. Any member who fails to attend three (3) consecutive meetings without
prior notice to the diFeetff ef PlaRRiRg and community develepment city manager or his/her designee and without
reasonable cause shall may have his/her office referred to the city commission for removal. have his effiee
The city commission
shall promptly fill the vacancy.
(Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 5-03-42, § 2, 7-14-03; Ord. No. 5-18-66, § 3, 1-14-19)
Sec. 14-20. Powers and duties.
The community development board shall have the power, duty, responsibility and authority to:
(1) Make recommendations to the city commission for the physical, fiscal and aesthetic development of
the city;
(2) Exercise supervisory control over planning and land use within the city, following the standards
established by the city commission pertaining to such planning or land use regulation as contained in
the Ordinance Code of the City of Atlantic Beach, Florida;
(3) Recommend to the city commission proposed changes in the land use regulation map of the city;
Page 2 of 5
Exhibit A
(4) Recommend to the city commission proposed changes in the land use regulations of the code;
(5) Submit to the city commission their recommendations covering all applications for changes in the
provisions of the land use regulations of the city referred to them by the city commission;
(6) Submit annually to the city manager, not less than one hundred and twenty (120) days prior to the
beginning of the budget year, a list of recommended capital improvements which in the opinion of the
board, are necessary or desirable to be constructed. The list shall be arranged in order of preference,
with recommendations as to which project shall be constructed in which year, and shall include sources
of revenue;
(7) Promote public interest in and understanding of the planning, zoning and beautification of the city;
(8) Meet on a regularly scheduled day each month, and periodically on call, and keep a public record of all
its meetings, resolutions, findings and determinations;
(9) Require information from other departments of the city government in relation to its work, which
information shall be furnished to them within a reasonable time;
(10) Request additional assistance for special survey work of the city manager, who may, at his discretion,
assign to the board members of the staff of any administrative department or direct such department
to make a special study requested by the board;
(11) Recommend to the city commission plans for the planning, replanning, improvement or
redevelopment of the city;
(12) Recommend to the city commission plans for the replanning, reconstruction or redevelopment of any
area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake,
flood or other disaster;
(13) Request the city manager to provide for the employment of sufficient personnel to enable the board to
carry out its powers, duties and responsibilities;
(14) To act as a zoning board and to make recommendations to the city commission on zoning applications
and applications for exceptions filed in accordance with the land development regulations of the
Comprehensive Zoning Code of the City of Atlantic Beach, Florida;
(15) To act as an appeals board or board of adjustment to authorize upon findings of fact minor variances
from the terms of Chapter 24, the Comprehensive Zoning Ordinance of the City of Atlantic Beach, as
will not be contrary to the public interest and, where owing to special conditions, not self-imposed or
self-created, literal enforcement of the provisions of said Chapter 24 would result in unnecessary
hardship.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-21. Certification of board actions to the city manager.
All plans or recommendations of the community development board, in order to be accorded official
cognizance by the city commission, must be certified to the city commission through the office of the city manager
by the chairman of the community development board as the official act of the board, duly passed by a majority
vote of the board as distinguished from the personal views or desires of any single member or group of members
of the board. Such certification shall be attested to by the appropriate administrative official. This provision is not
intended as prohibiting the board from submitting alternate plans or recommendations or of submitting minority
plans or recommendations in certain cases when so approved by a majority vote of the board to be also certified
to the city commission for consideration.
(Ord. No. 47-86-3, § 2, 1-26-87)
Page 3 of 5
Exhibit A
Sec. 14-22. Local planning agency.
The community development board is hereby designated as the local planning agency and the local land
development regulation commission as set forth in Part 2 of Chapter 163.3164, Florida Statutes as from time to
time amended.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-23. Proceedings of the board.
Four (4) members of the community development board shall constitute a quorum but a less number may
adjourn from time to time until a quorum is present. The board shall adopt rules as may be required for the proper
conduct of its business. Meetings of the board shall be held at the call of the chairman and at such times as the
board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of
the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately
filed in the office of the board and shall become a public record.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-24. Appeals.
Appeals from decisions of the community development board may be taken by any person or persons, jointly
or separately, or any taxpayer or any officer of the city. Such appeals shall be taken within thirty (30) days after the
decision of the board on which the appeal is based. The appeal shall be filed with the
der city manager or his/her designee on behalf of the community development board and with the city
manager for forwarding to the city commission. The appeal shall state the grounds thereof and relief sought.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-25. Petition of illegality.
Petition may be presented to court of record within thirty (30) days after filing of decision of city
commission, setting forth illegality.
Any person or persons, jointly or separately, aggrieved by any decision of the city commission rendered as a
result of an appeal filed in accordance with the provisions of section 14-24 herein may present the court of record
a petition, duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of
the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision of
the city commission.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-26. Cost.
Costs shall not be allowed against the city commission unless it shall appear to the court that it acted with
gross negligence, or in bad faith, or with malice in making the decision appealed from.
(Ord. No. 47-86-3, § 2, 1-26-87)
Page 4 of 5
Exhibit A
Sec. 14-27. Enforcement; penalties for violation.
The city commission may provide by ordinance for the enforcement of this chapter and of any ordinance or
regulation made thereunder, and may provide for the punishment of any violation therein by fine or imprisonment
or both, and may provide civil penalties for said violation.
(Ord. No. 47-86-3, § 2, 1-26-87)
Sec. 14-28. Legal proceedings.
Legal proceedings may be instituted in addition to other remedies provided for violation of this chapter.
In case any building or structure if erected, constructed, reconstructed, altered, repaired, converted, or
maintained, or any building, structure, land or water is used in violation of this chapter or of any ordinance or
other regulation made under authority conferred herein, the proper local authorities or the city commission, in
addition to other remedies, may institute appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure, land or water, or to prevent any illegal act, conduct,
business, or use in or about such premises.
(Ord. No. 47-86-3, § 2, 1-26-87)
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