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