Ordinance No. 80-10-79 v ORDINANCE NO. 80-10-79
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES,UTILITIES,
ARTICLE II, WATERWORKS SYSTEM, SEC. 22-39, WATER
SHORTAGES, DELETING THE SECTION IN ITS ENTIRETY AND
REPLACING WITH SEC. 22-39 WATER CONSERVATION, AND
ADOPTING THE ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT'S WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the St. Johns River Water Management District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of
water; and
WHEREAS,the St. Johns River Water Management District has amended Rule 40C-
2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses
below consumptive use permit thresholds in Rule 40C-2.04(1), F.A.C.; and
WHEREAS,Rule 40C-2.042(2)(a), F.A.C. grants a general permit to each person
located within the District to use, withdraw or divert water for small landscape irrigation uses,
provided that irrigation occurs in accordance with Rule 40C-2.042(2)(a), F.A.C.; and
WHEREAS,Rule 40C-2.042(2), F.A.C. applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS,Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to
adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C.,within its jurisdiction by adopting a
landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C-
2.042(2)(a), F.A.C.; and
WHEREAS,the City Commission of the City of Atlantic Beach, Florida has determined
it is necessary to insure that water conservation is provided for in Atlantic Beach by adopting and
enforcing the Water Conservation Rule for Landscape Irrigation of the St. Johns River Water
Management District("District")in accordance with District Rule 40C-2.042(2Xa)and(b),
Florida Administrative Code("F.A.C."), as set out below Section 22-39.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1: Sec. 22-39 of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby deleted in its entirety and replaced with the following:
Sec. 22-39. Water Conservation
(a) The City hereby adopts each of the provisions set forth in the District's Rule
40C-2.042(2)(a), F.A.C., which regulates small irrigation uses below
consumptive use permit thresholds,regardless of whether the water comes
from ground or surface water, from a private well or pump or from a public or
private utility.
(b) A variance from the specific landscape irrigation days or day set forth in Rule
40C-2.042(2)(a)l. and 2., F.A.C. may be granted if strict application of the
scheduled days or day would lead to unreasonable or unfair results in
particular instances,provided that the applicant demonstrates with
particularity that compliance with the scheduled days or day will result in
substantial economic,health or other hardship on the applicant requesting the
variance or those served by the applicant. Where a contiguous property is
divided into different zones, a variance may be granted hereunder so that each
zone may be irrigated on different days or day than other zones of the
property. However, in no event shall a variance allow a single zone to be
irrigated more than two days per week during Daylight Savings Time or more
than one day per week during Eastern Standard Time.
(c) District Rule 40C-2.042(2)(a), F.A.C. will be enforced by the City's Code
Enforcement Officer through the City's code enforcement process pursuant to
Chapter 1 General Provisions, Section 1-11 General Penalty; continuing
violations.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 9th day of August,2010.
PASSED by the City Commission on second and final reading this 23rd day of August,
2010.
A I lEST:
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DONNA BARTLE LOUIS BORNO,JR.
City Clerk Mayor,Presiding Officer
Approved as to form and correctness:
:1 .JENSEN,ESQUIRE
Ci . orney
Ordinance No. 80-10-79 Page 2 of 2