Ordinance No. 90-18-232 vORDINANCE NO. 90-18-232
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
EXTENDING THAT CERTAIN ORDINANCE NO. 90-16-225,
KNOWN AS THE "AUTOMOBILE SERVICE STATION
MORATORIUM ORDINANCE," APPROVED AND ADOPTED BY
THE CITY COMMISSION ON SEPTEMBER 12, 2016, AS AMENDED
BY ORDINANCE 90-17-229, APPROVED AND ADOPTED BY THE
CITY COMMISSION ON AUGUST 28, 2017, FOR A PERIOD OF
FOUR MONTHS FROM FEBRUARY 22, 2018 TO JUNE 22, 2018;
PROVIDING FOR THE CONTINUED VALIDITY OF ALL OTHER
PROVISIONS OF ORDINANCE NO. 90-16-225, AS AMENDED BY
ORDINANCE NO. 90-17-229; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission did, on September 12, 2016, approve that
certain Ordinance No. 90-16-225, known as the "Automobile Service Station
Moratorium Ordinance," providing for a temporary moratorium with exemptions as
to the filing and/or application for the establishment of certain businesses as more
particularly described in said Ordinance No. 90-16-225, within the City limits,
through August 22, 2017; and
WHEREAS, the City Commission on August 28, 2017 did approve and adopt
Ordinance No. 90-17-229 extending the effectiveness of Ordinance 90-16-225
through February 22, 2018; and
WHEREAS, the City is currently reviewing draft legislation and holding public
meetings in regards to automotive and convenience store land uses, but has not
concluded its review of regulations regarding the subject businesses; and
WHEREAS, the City Commission now desires to extend the temporary
moratorium for an additional period of four months as contemplated and authorized
in said Ordinance No. 90-16-225, as amended by Ordinance No. 90-17-229; and
WHEREAS, the extension of the temporary moratorium is in the best interest
of the citizens of the City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THAT:
SECTION 1. Extension of Temporary Moratorium. The temporary
moratorium established by Ordinance No. 90-16-225, known as the "Automobile
Service Station Moratorium", as amended by Ordinance No. 90-17-229, is hereby
extended from February 22, 2018 through June 22, 2018.
00936632-1
SECTION 2. Validity of Remaining Provisions. Except as amended in
Section 1 above, all other provisions, terms and conditions of Ordinance No. 90-16-
225, as amended by Ordinance No. 90-17-229, are hereby declared to remain in full
force and effect and remain valid through June 22, 2018.
SECTION 3. Effective Date. The effective date of this Ordinance shall be
February 12, 2018, the day the City Commission first took action towards adoption of
this Ordinance to extend the temporary moratorium, in accordance with Smith v.
Clearwater. 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASSED by the City Commission on first reading this 12th day of February,
2018.
PASSED by the City Commission on second and final reading this 26th day of
February, 2018.
CITY 0 ANTI BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
B n M. Du e , City Attorney
Ordinance No. 90-18-232 Page 2 of 2