Exh 7aAGENDA ITEM #7A
DECEMBER 8, 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 welfare of citizens, are
protected and enhanced by the enactment of these .amended Zoning, Subdivision and Land
Development Regulations. These regulations shall serve to inform the public of regulations and
provisions, which generally and specifically regulate the use and development of land and
waters within the City of Atlantic Beach. These Land Development Regulations shall also: (a)
protect the natural environment and its resources; (b) protect and preserve the quality of life
within the City of Atlantic Beach; (b) implement the :Comprehensive Plan for the City of
Atlantic 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,
good order, 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 7:1 S p.m. and on the 08th day of December, 2003 at 7:1 S p.m. to
hear 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 1. 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.
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AGENDA ITEM #7A
DECEMBER 8, ?003
SECTION 3. Any violation occumng 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 are 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 of 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, paragraph, phrase or sentence of
this Ordinance or these amended Land Development Regulations is for any reason held invalid
or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a
separate, 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 referenced 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
Bcach this 24th day of November, 2003. Passed on final reading and public hearing this
08th of December, 2003.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest: .
MAUREEN KING
City Clerk