Exh 7BAGENDA ITEM #7B
NOVEMBER 24, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing and first reading. of Ordinance 90-03-184, an
` ordinance to enact revisions to Articles I through IV, Chapter 24,
Zoning, Subdivision and. Land Development Regulations..
SUBMITTED BY: Sonya Doen, AICP ,~
Community Development Director
DATE: November 14, 2003
BACKGROUND: Since May of this year, the Community Development Board and staff have
been .working. on revisions to certain. portions of Chapter 24 of the City Code, the Zoning ;
Subdivision and Land Development Regulations. The. attached Exhibit A contains these
proposed revisions. to Articles I through IV of Chapter 24, which were recommended for
approval by the Community Development Board at their October 21st meeting,. following
numerous workshops and public meetings over the last six months.. The proposed revisions are
by-and-large considered as "glitch" amendments -- or changes to either update provisions or
deal with issues that were. previously unclear, insufficiently. addressed or inconsistent with
Florida law.
BUDGET: No budget issues involved in this request.
RECOMMENDATION: Approve upon first reading Ordinance 90-03-184, an ordinance
enacting revisions to Articles I through IV of Chapter 24, Zoning,. Subdivision and Land '.
Development Regulations. (Final reading to enact the Ordinance has been advertised for .
December 08, 2003.)
ATTACHMENTS: Ordinance 90-03-184 and Exhibit A, containing revisions to Chapter 24,
Zoning, Subdivision and Land Development Regulations. (A strikethrough draft. was mailed to
Commission members on October 24th.)
REVIEWED BY CITY M
November 24, 2003 regulaz meeting
AGENDA ITEM #7B
NOVEMBER 24, 2003
ORDINANCE NUMBER: 90-03-184
AN ORDINANCE OF THE CITY OF :ATLANTIC BEACH, .COUNTY OF DUVAL,
STATE OF FLORIDA, ENACTING, AMENDMENTS... TO THE .ZONING,
.SUBDIVISION AND LAND - DEVELOPMENT REGULATIONS, WHICH
GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT
OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA.
SUCH REGULATIONS SHALL BE RE-ADOPTED BY REFERENCE AS ARTICLES I
THROUGH IV ' OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS
PREVIOUSLY .ADOPTED THROUGH ORDINANCE NUMBER 90-03-182, THIS:
- -ORDINANCE ALSO PROVIDES FINDINGS OF FACT, SEVERABILITY, REPEAL
OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF AND PROVIDES
FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter
the "Commission") hereby finds that the public health, safety and welfaze of citizens aze
protected and enhanced by the .enactment of these amended Zoning;. Subdivision and Land
Development Regulations. These regulations shall serve to inform the publiaof regulations and
provisions, which. generally and specifically regulate the use and development of land and
waters within the Cityof Atlantic Beach. These Land Development Regulations shall also: (a)
protect the natural environment. and its resources; (b) protect and preserve the quality of life
withinthe City of Atlantic Beach; (b) implement the Comprehensive Plan .for the City of
Atlantc Beach, and (d) preserve Constitutionally protected property rights, and
WHEREAS, the Zoning Districts and regulations set forth herein. provide. for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
goodorder, appearance, convenience, and'general welfare of the public and serve to accomplish
and implement the goals and objectives and policies of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 24th
day of November, 2003 at 7:15 p.m. and. on the 08th-day of December, 2003 at 7:15 p.m. to
heaz and enact said amendments to the Articles ~I through IV of the Zoning, Subdivision. and
Land Development Regulations.
NOW THEREFORE, BE IT ENACTED BY .THE CITY .COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION L The above recitals are hereby incorporated herein as Findings of Fact in
support of this Ordinance and these amended Zoning, Subdivision and Land Development
Regulations.
SECTION 2. The attached Exhibit A, Zoning, Subdivision and Land Development
Regulations (hereinafter "Land Development Regulations") is hereby incorporated in its entirety
as Chapter 24 of the City of Atlantic Beach Code of Ordinances, and enacted by reference.
Ordinance 90-03-184 Page l of 2
AGENDA ITEM #7B
NOVEiVIBER 24, 2003
SECTION 3. Any violation occutring before the effective date of these amended Land
Development Regulations shall not. be deemed voided by the enactment of this. Ordinance.
.SECTION 4. All provisions of any City of Atlantic Beach ordinance; resolution,
'regulation or policy;. which aze in express conflict with these amended Land Development
Regulations, are hereby repealed to the-extent of such conflict.
SECTION 5. Other regulations and ordinances which may regulate the use and
development bf Land, such as but not limited to utility, sign, vegetation, impact fee ordinances,.
and ordinances incorporating Florida Building Codes, and other such technical. codes, remain in
effect and are not replaced by these-Land Development Regulations..
SECTION 6. In the case that any section; subsection, pazagraph, phrase or sentence of
this Ordinance or these amended Land Development Regulations is for any reason held invalid
br unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a
sepazate, distinct and independent. provision, and such holding shall not affect the validity and
lawfulness of the remaining portions of this Ordinance or these amended Land Development
Regulations.
SECTION 7. This Ordinance, and the 7eferenced amendments to the .Land
Development Regulations, shall take effect immediately .upon final passage and adoption and
shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach,
Duval County, Florida, in accordance. with Section 125.68,Florida Statutes.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 24th day of November, 2003. Passed on final reading and public hearing his
08th of December, 2003.
Approved as to form and correctness:
JOHN S. MESERVE
Mayor/Presiding Officer
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-184 Page 2 of 2