Ordinance No. 90-12-215 vORDINANCE NO. 90-12-215
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS,
ARTICLE III, ZONING REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC
HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec. 24-51 and Sec. 24-69 of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby amended to read as follows:
"SECTION 24-51. NOTICE OF PUBLIC HEARINGS
Notice of all public hearings required under these land development regulations shall be
provided by the city manager or designee in accordance with the following provisions:
(a) Amendments to the text of the adopted comprehensive plan, future land use map series,
or site-specific comprehensive plan amendments:
(1) Public hearings. The local planning agency and the local governing body each
shall hold at least one (1) public hearing on a proposed amendment to the text of the
adopted comprehensive plan, the future land use map series, or a site-specific
comprehensive plan amendment, prior to transmittal of the proposed amendment to the
state planning agency pursuant to Florida Statutes, §163.3184. Upon receipt of written
comments from the state planning agency, the local governing body shall hold at least
one (1) additional public hearing to adopt the proposed amendment, adopt the
amendment with changes, or not adopt the amendment.
Both the local planning agency and the local governing body public hearing held at the
transmittal stage shall be held on a weekday at least ten (10) days after notice is published
pursuant to the requirements specified in subsection (a)(2) below, and the local governing
body public hearing held at the adoption stage shall be held on a weekday at least ten (10)
days after the second notice is published pursuant to the requirements specified in
subsection (a)(2) below.
(2) Notice. All notices regarding the amendment process, including public hearings,
for comprehensive plans shall be as required by Florida Statutes, §163.3184 and
§ 166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public
hearing held by either the local planning agency or the local governing body, the
city manager or designee shall have published an advertisement giving notice of
the public hearing.
The required published notice shall be no less than one-quarter (1/4) page in a
standard size or a tabloid size newspaper, and the headline of the notice shall be in
a type no smaller than eighteen (18) point. The notice shall not be placed in that
portion of the newspaper where legal notices and classified advertisements
appear. The notice shall be published in a newspaper of general paid circulation
in the city and of general interest and readership in the community, not one of
limited subject matter, pursuant to Florida Statutes, Chapter 50. Whenever
possible, the notice shall appear in a newspaper that is published at least five (5)
working days a week, unless the only newspaper in the city is published less
frequently. The notice shall be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Atlantic Beach proposes to change the use of land within
the area shown in the map in this notice.
A public hearing on the proposal will be held on (date and time) at
(place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposal. The map shall include major street names as a
means of identification of the area. The notice shall also state the places within
the boundary of the City of Atlantic Beach where the proposed amendment may
be inspected by the public. The notice shall also advise that interested parties
may appear at the meeting and be heard regarding the transmittal or adoption of
the amendment.
b. Mailed notice. At least thirty (30) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of each public
hearing to each real property owner whose land is subject to the amendment, and
to all owners of real property within three hundred (300) feet of the periphery of
the subject property, whose names and addresses are known by reference to the
latest ad valorem tax records published by the county property appraiser. The
notice shall state the substance of the proposed amendment as it affects that
property owner and shall set a time and place for one or more public hearings on
such amendment. A copy of the notice shall be kept available for public
inspection during the regular business hours of the office of the clerk of the
governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street. Where the property subject to the request does not
have frontage on a public street, a sign shall be erected at the nearest public right-
of-way with an attached notation indicating the general direction and distance to
the land subject to the application. Sign(s) shall be removed after a decision is
rendered on the application. The failure of any such posted notice sign to remain
Ordinance No. 90-12-215 Page 2 of 8
in place after the notice has been posted shall not be deemed a failure to comply
with this requirement, nor shall it be grounds to challenge the validity of any
decision made by the local planning agency or the local governing body.
(b) Amendments to the text of the land development regulations including revisions to the
list of permitted, conditional or prohibited uses within a zoning category or the official zoning
map.
(1) Public hearings. The local planning agency shall hold one (1) public hearing and
the local governing body shall hold two (2) public hearings on a proposed amendment
that changes the official zoning map, or that changes the text of the land development
regulations, including revision to the list of permitted, conditional or prohibited uses
within a zoning category.
The second public hearing before the local governing body shall be held approximately
two (2) weeks after the first public hearing. The day, time, and place at which the second
hearing before the local governing body will be held shall be announced at the first public
hearing. The public hearings shall be held after 5:00 p.m. on a weekday.
Notice. All notices regarding the amendment process, including public hearings, for the
official zoning map or the text of the land development regulations, including revision to
the list of permitted, conditional, or prohibited uses within a zoning category, shall be in
accordance with Florida Statutes, §166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public
hearing held by either the local planning agency or the local governing body, the
city manager or designee shall have published an advertisement giving notice of
the public hearing.
The required published notice shall be no less than two (2) columns wide by ten
(10) inches long in a standard size or a tabloid size newspaper, and the headline of
the notice shall be in a type no smaller than eighteen (18) point. The notice shall
not be placed in that portion of the newspaper where legal notices and classified
advertisements appear. The notice shall be published in a newspaper of general
paid circulation in the city and of general interest and readership in the
community, not one of limited subject matter. The notice shall state the date,
time, place of the public hearing, the subject of the meeting, and the place or
places within the boundaries of the city where the proposed amendment may be
inspected by the public. The notice shall also advise that interested parties may
appear at the meeting and be heard regarding the amendment.
1. Published notices for amendments to the official zoning map shall
be in substantially the following form:
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
rezoning (changing the permitted use of) the land within the area
shown in the map of this advertisement.
Ordinance No. 90-12-215 Page 3 of 8
A public hearing on the rezoning will be held on (date and time) at
(meeting place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposed ordinance. The map shall include major street
names as a means of identification of the area.
2. Published notices for amendments to the text of the land
development regulations that change the actual list of permitted,
conditional, or prohibited uses within a zoning category shall be in
substantially the following form:
NOTICE OF ZONING CODE (LAND DEVELOPMENT
REGULATIONS) TEXT CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
amending the text of the zoning code (land development
regulations). The amendment will affect the land located within the
area shown in the map of this advertisement.
A public hearing on the proposed text change will be held on (date
and time) at (meeting place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposed ordinance. The map shall include major street
names as a means of identification of the area.
3. Published notices for amendments to the text of the land
development regulations that do not change the actual list of permitted,
conditional, or prohibited uses within a zoning category shall be
advertised as follows. At least ten (10) calendar days but not more than
thirty (30) calendar days in advance of each public hearing, the city
manager or designee shall have published a notice of such hearing in a
newspaper of general circulation in the city. The notice of public hearing
shall state the date, time and place of the meeting, the application number
or the title of the proposed ordinance, and the place or places where such
application or proposed ordinance may be inspected by the public. The
notice shall also advise that interested parties may appear at the public
hearing and be heard with respect to the application or proposed
ordinance.
b. Mailed notice. At least thirty (30) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of each public
hearing to each real property owner whose land is subject to the amendment, and
to all owners of real property within three hundred (300) feet of the periphery of
the subject property, whose names and addresses are known by reference to the
latest ad valorem tax records published by the county property appraiser. The
notice shall state the substance of the application or proposed ordinance as it
Ordinance No. 90-12-215 Page 4 of 8
affects that property owner and shall set a time and place for one or more public
hearings on such ordinance. A copy of the notice shall be kept available for
public inspection during the regular business hours of the office of the clerk of the
governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street on each street side of the land subject to the
application. Where the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public right-of-way with an
attached notation indicating the general direction and distance to the land subject
to the application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
(c) Request for variance from or waiver of land development regulations.
(1) Public hearings. The local planning agency shall hold one (1) public hearing on
applications for variances from land development regulations, and the local governing
body shall hold one (1) public hearing on applications for waivers of land development
regulations.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public
hearing, the city manager or designee shall have published an advertisement
giving notice of the public hearing in a newspaper of general circulation in the
City of Atlantic Beach. The notice of the public hearing shall state the date, time
and place of the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of the public
hearing to all property owners within three hundred (300) feet of the subject
property, whose names and addresses are known by reference to the latest ad
valorem tax records published by the county property appraiser. The notice shall
state the substance of the application and shall set a time and place for the public
hearing. A copy of the notice shall be kept available for public inspection during
the regular business hours of the office of the clerk of the governing body.
a.c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
public hearing, shall be posted on the subject parcel. Such sign shall be erected in
full view of the public street on each street side of the land subject to the
Ordinance No. 90-12-215 Page 5 of 8
application. Where the property subject to the request does not have frontage on a
public street, a sign shall be erected at the nearest public right-of-way with an
attached notation indicating the general direction and distance to the land subject
to the application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
(d) Request for use -by -exception:
(1) Public hearings. The local planning agency and the local governing body shall
each hold one (1) public hearing on use -by -exception applications.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public
hearing, the city manager or designee shall have published an advertisement
giving notice of the public hearing in a newspaper of general circulation in the
City of Atlantic Beach. The notice of the public hearing shall state the date, time
and place of the public hearing, and the place where such application may be
inspected by the public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public
hearing, the city manager or designee shall provide notice by mail of the public
hearing to all property owners within three hundred (300) feet of the subject
property, whose names and addresses are known by reference to the latest ad
valorem tax records published by the county property appraiser. The notice shall
state the substance of the application and shall set a time and place for the public
hearing. A copy of the notice shall be kept available for public inspection during
the regular business hours of the office of the clerk of the governing body.
b.c. Posted notice. At least fourteen (14) days prior to each public hearing, a
sign identifying the request, including date, time and location of the public
hearing, shall be posted on the subject parcel. Such sign shall be erected in full
view of the public street on each street side of the land subject to the application.
Where the property subject to the request does not have frontage on a public
street, a sign shall be erected at the nearest public right-of-way with an attached
notation indicating the general direction and distance to the land subject to the
application. Sign(s) shall be removed after a decision is rendered on the
application. The failure of any such posted notice sign to remain in place after the
notice has been posted shall not be deemed a failure to comply with this
requirement, nor shall it be grounds to challenge the validity of any decision made
by the local planning agency or the local governing body.
Ordinance No. 90-12-215 Page 6 of 8
(e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30) days
of the city commission rendering its decision, then notice shall be deemed to be in compliance
with this section.
SECTION 24-69. FEES
Pursuant to subsection 24-46(e), the City Commission for the City of Atlantic Beach hereby
establishes the following fees related to the administrative costs of carrying out the requirements
of this chapter and also to cover the costs for planning, zoning, engineering, utility, and specific
use reviews. These fees shall be payable to the city at the time such application or request is
filed. Applications for planning and zoning related requests shall not be considered as complete
applications until such time as required fees have been paid in full. Fees for specific use verified
complaint -based and permit reinstatement reviews must be paid prior to scheduling of
subsequent compliance inspections. Fees as required by this section are not refundable.
(a) Planning and zoning fees.
(1) Appeals $ 50.00
(2) Determination of vested rights $ 50.00
(3) Change in zoning district classification $500.00
(4) Use -by -exception $350.00
(5) Zoning variance or waiver $250.00
(6) Development review
a. Single- and two family uses $ 50.00
b. Multi -family uses, per dwelling $100.00
c. Commercial and industrial uses $300.00
d. Public and institutional uses $300.00
e. Landscape plan $100.00
(7) Subdivision
a. Application for waiver $250.00
b. Application for re -plat $250.00
c. Preliminary plat review $250.00
d. Final plat review (plus recording fees) $100.00
(8) Comprehensive plan amendment
a. Less than ten (10) acres $250.00
b. Greater than ten (10) acres $250.00
(9) Land development regulations $ 15.00
(10) Comprehensive plan document $ 15.00
(11) Zoning and comprehensive plan maps $ 5.00"
Ordinance No. 90-12-215
Page 7 of 8
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 22nd day of October 2012.
PASSED by the City Commission on second and final reading this 13th day of
November 2012.
ATTEST:
Or/St44&e.
DONNA L. BARTLE, CMC LOUIS BORNO, JR.
City Clerk
Approved ato form and correctness:
• fli C. JENSEN, ESQUIRE
ttorney
Mayor, Presiding Officer
Ordinance No. 90-12-215 Page 8 of 8