Item 7A v
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AGENDA ITEM #7A
JULY 10, 2006
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND 5EC. 59 OF THE CITY
CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY
TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SEC'~'TnN ~ - Calling for referendum Election Amending Charter.
A referendum shall be added to the election ballot on , 2006,
t~ amend Sec. 59 of the Charter of the Ciry of Atlantic Beach, Florida, to read as follows:
"$eC, 59. ZOriirig, T and 1nPVPlnnmPnt RPU~ilatinnc andl~Iaximum Rnilrlinu APiaht_
Zoiliilg and T and T)PVPlnnment RPmtlatinnc shall be in accordance with
Florida Statutes or as otherwise provided for in the Code of Ordinances, except
RPa~h PXCP.Ptl thirty-five ~~5~ fPPt
~.. PrnvitlPC1 hn
maT~ renairPtl to ~x~PVer that Pxicti ~ hniltlinuc whinh Pxceed 35 fPPt in height
that PX1Stino hPivht na alteratinn~ mad he made to anv
hjtiltlina which wrn tltl nancP that htLdllhtGLexrPP~ ~5 feet in heiuht~ antl this
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++* ~r',,1+^-'*~r nrnvicinn c
CL1IlStltUtlfJnal ctatttt sr
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hall not SPStI1Ct Rth~--nrrC7~nPrty nwner
nrv nr cnmmnn law
ThP only nrnnPrty PxrPptPrl from this heiuht limitation chall hP a nnrtinn of
RPa~h Flnrirla which nnrtinn is hnttnrled lid Ahern 4trPPt nn the nnrth~ the
nn the =Pct anti nnl ~ that nart of caul nrnnPrtv which is Pnnal in ci~P to the
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Ordinance No. 90-06-194 Page 1 of 3
^~* AGENDA ITEM #7A
JULY 10, 2006
~,.
AmendmPnt~ to this Qart;nn of thes`ity C~'hartPr shall he marlP nnl~ in
~rnrrlanrP ~:~ith ArtiCIPx Of the Charter, TnitiativP and RPfPrPncliim "
SE.f TION 2- Form of Ballot and Election Question.
The form of ballot and election question to be used in said election shall be as
follows:
CHARTER ELECTION BALLOT
~. , 2006
CITY OF ATLANTIC BEACH
$AT,LOT TTTT.F,; Amending Sec. 59 of the Atlantic Beach Charter to "Zoning,
Land Development Regulations and Maximum Building Height."
~*"' $AT,T,f1T ~TTMMARV: Amending Sec. 59 of the Atlantic Beach Charter
limiting height of all buildings to 35 feet, allowing buildings presently exceeding 35 feet to be
repaired n~ced to existing height, prohibiting alterations that would cause building height to
~" exceed 35 feet, allowing certain exterior architectural design elements in non-residential areas to
exceed the height limitation only upon approval by the City commission, allowing an exception
for a portion of the existing Sea Turtle Inn property, and not restricting any property owner's
""~ vested rights under constitutional, statutory or common law.
Shall the above Charter amendment be adopted?
Yes(approve amendment)
No(reject amendment)
CF[`TT[1N '~_ Effective date of Charter amendment.
If approved by a majority of the voters at the election on , 2006,
then the Charter amendment shall take effect immediately.
Ordinance No. 90-06-194 Page 2 of 3
AGENDA ITEM #IA
JULY 10, 2006
4F~''TI~N d_ Effective date of this Ordinance.
This Ordinance shall take effect immediately upon its final passage and adoption.
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PASSED by the City Commission on first reading this day of ,
2006.
PASSED by the City Commission on second and final reading this
2006.
ATTEST:
DONNA L. BUSSEY
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Ordinance No. 90-06-194
DONALD M. WOLFSON
Mayor, Presiding Officer
Page 3 of 3
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