Item 8E- Moratorium for Auto Service StationsAGENDA ITEM #8E
JULY 25, 2016
DRAFT 7/14/2016
ORDINANCE NO. ______ _
AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF ATLANTIC
BEACH, FLORIDA, DECLARING A MORATORIUM WITH EXEMPTIONS AS TO
THE FILING AND/OR APPLICATION FOR THE ESTABLISHMENT OF BUSINESSES
KNOWN AS AUTOMOTIVE SERVICE STATIONS, AUTOMOTIVE SERVICE-
MINOR, AUTOMOTIVE REPAIR-HEAVY, CAR WASHES AND CONVENIENCE
FOOD STORES WITH FUEL/GASOLINE SALES WITHIN AREAS OF THE CITY
WHICH ARE ZONED COMMERCIAL LIMITED ("CL"), COMMERCIAL GENERAL
("CG"), LIGHT INDUSTRIAL AND WAREHOUSING ("LIW") OR SPECIAL
PLANNED AREAS ("SPA"); PROVIDING PROHIBITIQN AND SUSPENSION OF ANY
SUCH ZONING AND PERMITTING APPROVAL W.ITH EXEMPTIONS; PROVIDING
THAT SAID MORATORIUM SHALL BE IN EF;FJi:CTUNTIL , 2017,
UNLESS TERMINATED BY THE CITY C()lVIMISSION 1\.T AN EARLIER DATE;
PROVIDING FOR LEGISLATIVE FINDINGS,]NTENT ANDPURPOSE; PROVIDING
FOR DEFINITIONS; PROVIDING FO~ ZQNING DISTRICTS SUBJECT TO THE
MORATORIUM; PROVIDING FOR S~VERABILITY; PROVIDING FOR THE
REPEAL OF LAWS IN CONFLICT; AND PROVIDING f\.N EFFECTIYE DATE .
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WHEREAS, Aliicle VIII, Section 2 of th§ Florida Constitution provides that
municipalities shall have govemmental, corporate and proprietary powers to enable
municipalities to conduct mm~icipal govemment, perform municipal functions and render
municipal services; ancl. .
WHEREAS, purs~ahtto thkrefere11ced provision of the Florida Constitution, a city may . .· .. •"··· --,-_._-_ ··-·-
exercise anY power for 111unicip~l purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Flori.da Statutes, the "Municipal Home Rule Powers Act",
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for m.unicipa] purposes, except when expressly prohibited by law and to
enact ordinances in fu1iher thereof; and
WHEREAS, the City wants to review whether automotive service stations, automotive
service-minor, automotive repair-heavy, car washes and convenience food stores with
fuel/gasoline sales (hereinafter collectively "Automobile Service Stations") should be allowed in
areas zoned CL, CG, LIW and SPA, and, if so, under what conditions and review standards; and
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AGENDA ITEM #8E
JULy 25, 2016
DRAFT 7/14/2016
WHEREAS, the City Commission for the City of Atlantic Beach, Florida desires to
protect individual rights, while at the same time promoting the health, safety and welfare of the
people, including the compatibility of development and aesthetic impacts of development in the
City; and
WHEREAS, in order to ensure the uniform enforcement of existing laws and preserve
the public peace and good order and to safeguard the health, safety, morals and welfare of the
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community and citizens thereof, it is necessary and adyisable to enact a temporary moratorium
on the permitting approvals of certain Automobile Service Statiorifacilities in the City; and
WHEREAS, the City Commission . for the City of Atlantic Beach, Florida finds it
necessary for the promotion of the public safety and welf<uethat this Ordinance be enacted; and -<·>-·. _._ .. '
WHEREAS, implementation~ofthls Ordinance is ill the best interest of the citizens of the
City of Atlantic Beach.
NOW, THEREFORE, BE IT>()RDAINED BYTHE<COMMISSIONERS OF CITY OF
ATLANTIC BEACH,F_[,ORIDA, THAT:
SEC'I'JON 1. RECI']]ALS: Ihe (:lforementipned recitations are incorporated herein by
reference/ ._ -~-~~~~----; ;> '-
SECTION 2. TITLE
This Ordina,n.ce shall be l(pown and may be cited as the "Automobile Service Station
Moratorium Ordinance'\
SECTION 3. DEFINITIONS
For the purpose of this Ordinance, the following terms are defined as follows:
(a) "automotive service stations" has the same meaning as "service station-
automotive" set forth in Section 24-17 of the City's Land Development Regulations.
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AGENDA ITEM #8E
JULy 25, 2016
DRAFT 7/14/2016
(b) "automotive service -minor" and "automotive repair -heavy" have the same
meanings as set forth in Section 24-17 of the City's Land Development Regulations.
(c) "car wash" has the same meaning as set forth in Section 24-17 of the City's Land
Development Regulations.
(d) "convenience food stores with fuel/gasoline sales" means retail outlets for a
variety of products such as dairy, bakery, snack foods, beverages (alcoholic and non-alcoholic),
tobacco, grocery, health and beauty aids, fast foods to ~go, -meats and produce, and includes
dispensing of fuels and other automotive goods arid related services: The term does not include
. . .
supermarkets. Generally these stores are less th<:m 7,500 square feet in size. These stores may
also include sit-down restaurant areas.
(e) Taken together, the terms ''automotive service station," "automotive service-
minor," "automotive repair-heavy," "car wash" and "coJwenience{ood stores with fuel/gasoline
:.·.·.·. ,•, :
sales" shall be refenedtocollectiyely herein as .. "AutomobileService Stations."
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SECTION 4. ZONING DISTRICTS SUBJECT TO THE MORATORIUM
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This Ordinance shall be applicablet9 all propeliies zoned as CL, CG, LIW or SPA,
located within the boundaries of the City of Atlantic Beach.
SECTION 5. INTENT ·
The intent of th~ City C9mmission acting as the governing body of the City of Atlantic
Beach, Florida in adopting this Ordinance is to prohibit, subject to the provisions of this
Ordinance, the growth of Automobile Service Stations, in areas that are zoned as CL, CG, LIW
and SPA Zoning Districts within the City of Atlantic Beach until the City Commission has had
an oppoliunity to review and if necessary, amend the regulations relating to the permitting and
approval of Automobile Service Stations.
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AGENDA ITEM #8E
JULY 25, 2016
DRAFT 7/14/2016
SECTION 6. TEMPORARY MORATORIUM AND EXEMPTIONS
A temporary moratorium is hereby established to prohibit filing and/or application for
zoning or permitting of Automobile Service Stations and suspending the process of any zoning
or pe1mitting for Automobile Service Stations within areas zoned CL, CG, LIW and SPA. This
temporary moratorium shall not apply to and the foll6wing are exempt fi:om this temporary
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moratorium: Gate Petroleum, Inc. project locatedat 501, 535, 54 I Atlantic Boulevard; and any
Automobile Service Stations which are established and conducting business as of the effective
date of this Ordinance. This temporary moratorium shaJLBe in place from the effective date of
this Ordinance through ____ _:...:,:.,.;---' ~Q 17. The (:ity Commission may rescind this
moratorium or extend this nwratorium fotp\riods of up to six montll.s.
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SECTION 7. ENFORCEM,ENT, PENALTIES ANDINJUNCTIVE RELIEF
The City's code enforcem~ntofficer, lawenforcement or any other person authorized to
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enforce ordinances" in the CitY ofA~lantic" Bea~h may enforce the provisions of this Ordinance.
Any enforcement action or legal remedy available under controlling state law, including but not
limited to, prosecution as a rrlisdemearior with a fine not exceeding Five Hundred Dollars
($500.00) or by imprisonmentfor a term not exceeding sixty (60) days or by both fine and
imprisonment, may be imposed as a penalty. Nothing contained herein shall prevent the City
from taking such other lawful action in law and equity as may be necessary to remedy any
violation of, or refusal to comply with, any part of this Ordinance, including but not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a comi of competent jurisdiction;
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