Agenda Item 6AAGENDA ITEM # 6A
MARCH 12, 2012
RESOLUTION NO. 12-04
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
IMPOSING A MORATORIUM ON USES BY EXCEPTION FOR USED
CAR LOTS IN COMMERCIAL GENERAL DISTRICTS, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there currently exists a procedure in Chapter 24 of the Atlantic Beach Code of
Ordinances for granting within the commercial general zoning districts a use by exception for the
sale of used automobiles, and
WHEREAS, the City of Atlantic Beach is a predominantly residential community, and it is
a stated goal within the comprehensive plan that the residential character of the City should be
retained, and
WHEREAS, as such, the appropriate level of intensity for commercial general uses may be
less than other communities with large commercial zones or a more diverse mixture of uses in close
proximity, and
WHEREAS, there has been considerable effort made by the City to improve the Mayport
Road corridor which currently has four (4) used car lots in the City of Atlantic Beach and another
three (3) in Jacksonville's portion of Mayport Road, and
WHEREAS, the City Commission has directed City staff to investigate possible changes to
the zoning code to limit or otherwise restrict uses by exception for used car lots in commercial
general districts, and
WHEREAS, until a final determination can be made regarding any changes to existing
zoning classifications and granting of uses by exception therein, it is in the best interests of the City
of Atlantic Beach and its residents and property owners to temporarily halt granting uses by
exception for any used car lots in commercial general districts, which the City Commission
determines to be for the public health, safety and welfare of all residents of the City.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1. A moratorium is hereby imposed on the granting of uses by exception for
used car lots in commercial general districts of the City of Atlantic Beach.
SECTION 2 . This moratorium shall continue in effect until new legislation is passed which
addresses the granting of uses by exception for used car lots in commercial general districts, or until
the expiration of twelve (12) months from the effective date hereof, or until rescinded by the City
Commission upon a determination that the public need for such moratorium no longer exists.
SECTION 3 . The City shall take whatever further action may be necessary in order to
implement the terms hereof.
AGENDA ITEM # 6A
MARCH 12, 2012
SECTION 4 . This moratorium shall not apply to any applications for uses by exception for
used car lots in the commercial general districts which have been requested in writing on the
appropriate City forms and submitted to the City prior to the effective date of this Resolution.
SECTION 5 . This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission this day of , 2012.
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Louis "Mike" Borno, Jr., Mayor
Resolution No. 12 -04 Page 2 of 2