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Ordinance No. 90-86-110 v 1110 ORDINANCE NO. 90-86-110 AN ORDINANCE ESTABLISHING A MORATORIUM OF UP TO SIX MONTHS ON THE APPROVAL OF BUILDING PERMITS WITHIN SECTION H OF THE CITY OF ATLANTIC BEACH UNTIL COMPLETION OF STUDIES CONCERNING THE PROVISION OF SEWERAGE AND WATER UTILITIES TO THE AREA; PROVIDING A PROCEDURE FOR OBTAINING RELEASE FROM THE MORATORIUM; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the intent and purpose of the City of Atlantic Beach Comprehensive Land Use Plan is the orderly control of growth and development of the City of Atlantic Beach in such a fashion that the unique and natural characteristics of the City or preserves; and WHEREAS, it is further the intent and purpose of the Land Use Plan that residential development of the City of Atlantic Beach not jeopardize the health safety or welfare of existing residence; and WHEREAS, within the past several years there has been a rapid expansion of development within Section H of the City of Atlantic Beach, an area now presently served by public utilities; and WHEREAS, much of the development has therefore been accompanied by the installation of septic tanks and water wells; and WHEREAS, concerns have been expressed over the possible contamination of groundwater and deep-water wells by faulty septic tanks within Section H; and WHEREAS, the City of Atlantic Beach continues to diligently pursue appropriate and in depth analysis of the legitimate planning question derived from the extension of public utility services into Section H; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA: SECTION 1: There is hereby declared to be established a moratorium on the issuance of any further building permits within Section H of the City of Atlantic Beach effective immediately upon the date of passage of this ordinance. 1111 SECTION 2: This moratorium shall continue for not more than six months or until such time as all relevant studies are complete and the City Commission of the City of Atlantic Beach has had the opportunity to decide the question of extension of public utility services into Section H. SECTION 3: Provision is hereby made for obtaining relief from this moratorium by an applicant submitting to the City Manager or his designee a written statement demonstrating the untenable hardship shall inure to the applicant in the event that said applicant cannot obtain a permit. The City Manager or his designee shall promptly transmit the application for relief to the Planning Commission which shall review the application and make a recommendation to the City Commission. The Commission may then determine whether untenable hardship exists and either deny the application or grant leave to apply for the appropriate permits pursuant to the requirements of the City of Atlantic Beach Comprehensive Land Use Plan and all other applicable Codes and Ordinances. For the purposes of this Ordinance, untenable hardship is defined to mean a hardship unique to the property involved in the application and must be peculiar to that particular property, not general in character. Economic or self-imposed hardship shall not be grounds for relief. Further development of existing buildings which conform to the current provisions and performance standards of the City of Atlantic Beach Comprehensive Land Use Plan may be approved by the 11/ City Commission upon a finding of fact at public hearing that the amount, rate, type and intensity of such commercial expansion will be advantageous to the Community Public Interest and will not confound the intents and purposes of the study on the provision of public utility services to Section H. SECTION 4: SEVERANCE. If any section, subsection, sentence, clause, phrase or 401 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 portion hereof. SECTION 5: CONFLICT. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. If any part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have the full force and effect and be liberally construed . SECTION 6: This Ordinance shall be published in accordance with Florida Statutes, Section 166.041(3)(c)2. The City Commission shall hold two (2) advertised public hearings, both of which shall be held 1110 after 5:00 p.m. on a weekday and the first shall be approximately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The date, time, and place at which the second public hearing will be held shall be announced at the first public hearing. SECTION 7: This Ordinance shall take effect immediately upon its passed its period. DULY PASSED AND ENACTED by the City Commission of the City of Atlantic Beach, Duval County, Florida this 13th day of 11/ October , 1986 . Passed on first reading September 8 , 1986. Passed on final reading October 13 , 1986 . APPROVED AS TO FORM AND CORRECTNESS: ( laudee L.M llis CiAttorne Y Y _ AI' AI ATTEST: ilia S. Howell , 11111) Mayor/Presiding Officer �G�C�-moi VC Adelaide R. Tucker , City Clerk