Item 9A- Ordinance No. 90-18-233
00965220‐3 Page 1
ORDINANCE NO. 90-18-233
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24-
111, COMMERCIAL GENERAL (CG); AMENDING SECTION 24-165,
GAS STATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities
shall have governmental, corporate and proprietary powers to enable municipalities to conduct
municipal government, perform municipal functions and render municipal services; and.
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act”,
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to enact
ordinances in further thereof; and
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, the City has concluded its review of regulations regarding automotive service
stations, automotive service-minor, automotive repair-heavy, car washes and convenience food
stores with fuel/gasoline sales businesses; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the
City of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Sections 24-17, 24-110, 24-111, and 24-165 of Chapter
24, Land Development Regulations, of the Code of Ordinances of the City of Atlantic Beach are
hereby amended as follows:
a. Section 24-17, Definitions. The following new and revised definitions, in proper
alphabetical order, are adopted as follows: