AB Code Supplement 29SUPPLEMENT NO. 29
March 2004
CODE OF ORDINANCES
City of
ATLANTIC BEACH, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 90-03-184, adopted December 8, 2003.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
iii iii
ix—xii ix—xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
409, 410 409 410.2
1403-1515 1403-1526
2001, 2002 2001, 2002
2053-2055 2053-2055
2105, 2106 2105-2106.1
2143-2144.1 2143-2144.1
2159-2166 2159-2168
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1 -800 -262 -CODE
Website: www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
John S. Meserve
Mayor
Richard M. Beaver
Mayor Pro Tem
Sylvia N. Simmons
Paul B. Parsons
J. Dezmond Waters, III
City Commission
Alan C. Jensen
City Attorney
James R. Hanson
City Manager
Maureen King
City Clerk
Supp. No. 29 iii
TABLE OF CONTENTS
Page
Officials of the City iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
Charter
PART I
CHARTER
Art. I. Incorporation; Form of Government; Powers
1
1
Art. II. The Commission 5
Art. III. The City Manager 9
Art. IV. The City Clerk 10
Art. V. The City Attorney 10
Art. VI. Department of Public Safety 11
Art. VII. Budget 11
Art. VIII. Department of Finance 11
Art. IX. Elections 12
Art. X. Initiative and Referendum 15
Art. XI. Recall Elections 17
Art. XII. Franchises 18
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Municipal Borrowing 18
Art. XVI. Suits Against the City 23
Art. XVII. General and Miscellaneous Provisions 23
Art. XVIII. When Act Takes Place 28
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 103
2. Administration 155
Art. I. In General 155
Art. II. City Commission 157
Art. III. City Manager 161
Art. IV. Departments 161
Div. 1. Generally 161
Div. 2. Police Department 162
Div. 3. Fire Department 163
Supp. No. 29
ix
ATLANTIC BEACH CODE
Chapter Page
Div. 4. Department of Finance 163
Div. 5. Department of Public Works 165
Div. 6. Department of Public Utilities 166
Art. V. Boards and Commissions 166
Div. 1. Generally 166
Div. 2. Code Enforcement Board 166
Div. 3. Nuisance Control Board 170
Art. VI. Employee Benefits 172
Div. 1. Generally 172
Div. 2. Old -Age and Survivors Insurance 172
Div. 3. General Employee Retirement System 174
Div. 4. Police Officers' Retirement System 188.5
Art. VII. Finance 188.26
Div. 1. Generally 188.26
Div. 2. Purchasing 190
Div. 3. Uniform Travel Policy and Procedure 192.2
Div. 4. Service and User Charges 195
3. Alcoholic Beverages 245
4. Animals 299
Art. I. In General 299
Art. II. Dogs and Cats 307
5. Beaches and Parks 353
Art. I. In General 353
Art. II. Beach Safety Zone 355
Art. III. Public Parks 355
6. Buildings and Building Regulations 407
Ari;. 1. In General 407
Art. II. Building Code 407
Art. III. Electrical Code 410
Art. IV. Plumbing Code 414
Art. V. Mechanical Code 416
Art. VI. Reserved 418
Art. VII. Numbering of Buildings 419
Art. VIII. Housing Code 421
Art. IX. Reserved 422
Art. X. Amusement Device Code 425
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention and Life Safety 469
8. Flood Hazard Areas 521
Art. I. In General 521
Art. II. Administration 526.1
Art. III. Flood Hazard Reduction Standards 530
9. Human Relations
Art. I. In General
Supp. No. 29 g
577
577
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. Fair Housing 577
10. Mobile Homes and Recreational Vehicles 631
11. Noise 683
12. Nuisances 735
13. Offenses 787
Art. I. In General 787
Art. II. Minors on Streets and in Public Places 793
14. Planning/Zoning/Appeals 839
Art. I. In General 839
Art. II. Community Development Board 839
15. Police 891
Art. I. In General 891
Art. II. Disposition of Confiscated or Lost Property891
16. Solid Waste and Recycling 943
17. Signs and Advertising Structures 995
Art. I. In General 995
Art. II. Signs Permitted 999
Art. III. Cause for Removal of Signs, Abandoned Signs
and Prohibited Signs 1008
Art. IV Nonconforming Signs and Waiver to Certain
Provisions 1009
Art. V. Sign Permits 1011
18. Solicitations 1055
19. Streets, Sidewalks and Other Public Places 1107
20. Taxation 1157
Art. I. In General 1157
Art. II. Public Service Tax 1157
Div. 1. Generally 1157
Div. 2. Telephone Service 1159
Art. III. Occupational License Tax 1160
Art. IV Insurance Premium Taxes 1178
Art. V. Additional Homestead Exemption 1179
21. Traffic and Motor Vehicles 1221
Art. I. In General 1221
Art. II. Stopping, Standing and Parking 1222
Div. 1. Generally 1222
Div. 2. Enforcement 1229
Art. III. Wrecker Service 1231
Art. IV. Motor Vehicle Title Loans 1233
22. Utilities 1275
Art. I. In General 1275
Art. II. Waterworks System 1277
Supp. No. 29 xi
ATLANTIC BEACH CODE
Chapter Page
Art. III. Wastewater System 1284
Div. 1. Generally 1284
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
Div. 5. Use of Public Sewers 1290
Div. 6. Powers and Authority of Inspectors 1294
Div. 7. Sewer User Rates and Charges 1295
Div. 8. Sewer System Extensions 1299
Art. IV. Stormwater Management 1301
Div. 1. Generally 1301
Div. 2. Rates and Charges 1305
23. Vegetation 1351
Art. I. In General 1351
Art. II. Tree Protection 1351
Art. III. Accumulation of Weeds 1362
Art. IV. Historic Tree Preservation 1363
24. Zoning, Subdivision and Land Development Regulations1403
Art. I. In General 1404
Art. II. Language and Definitions 1405
Art. III. Zoning Regulations 1427
Div. 1. Generally 1427
Div. 2. Administration 1428
Div. 3. Application Procedures 1434
Div. 4. General Provisions and Exceptions 1445
Div. 5. Establishment of Districts 1453
Div. 6. Planned Unit Development (PUD) 1473
Div. 7. Supplementary Regulations 1480
Div. 8. Landscaping 1498
Art. IV. Subdivision Regulations 1505
Div. 1. Generally 1505
Div. 2. Application Procedure 1508
Div. 3. Required Improvements 1515
Div. 4. Assurance for Completion and Maintenance
of Improvements 1517
Div. 5. Design and Construction Standards 1519
Code Comparative Table -1970 Code 1983
Code Comparative Table—Ordinances 1987
Code Comparative Table—Laws of Florida 2043
Statutory Reference Table 2053
Charter Index 2081
Code Index 2101
Supp. No. 29 xii
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and
supplementation many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user
to determine whether the Code volume properly reflects the latest printing of
each page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume. The letters "OC" indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has been reprinted or printed in the Supplement Service, this
column reflects the identification number or Supplement Number printed on
the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used
in compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 157, 158 25
iii 29 159, 160 27
v, vi OC 161, 162 27
vii, viii 1 163, 164 25
ix, x 29 165, 166 28
xi, xii 29 167, 168 28
1, 2 19 169, 170 18
3, 4 14 171, 172 27
5, 6 14 172.1 27
7, 8 14 173, 174 23
9, 10 14 175, 176 23
11, 12 14 177, 178 23
13, 14 14 179, 180 23
15, 16 14 181, 182 23
17, 18 14 183, 184 25
19, 20 14 184.1 25
21, 22 14 185, 186 23
79 5, Add. 187, 188 23
91 19 188.1, 188.2 23
103, 104 OC 188.3, 188.4 23
105, 106 OC 188.5, 188.6 23
107, 108 13 188.7, 188.8 23
155, 156 26 188.9, 188.10 23
156.1 26 188.11, 188.12 23
Supp. No. 29 [1]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
188.13, 188.14 23 527, 528 6
188.15, 188.16 25 529, 530 6
188.16.1 25 531, 532 6
188.17, 188.18 23 533, 534 28
188.19, 188.20 23 535 28
188.21, 188.22 23 577, 578 OC
188.23, 188.24 23 579, 580 OC
188.25, 188.26 23 581 OC
189, 190 27 631, 632 OC
191, 192 22 683, 684 24
192.1, 192.2 22 685 24
192.3 22 735, 736 27
193, 194 25 737, 738 27
195, 196 26 787, 788 8
245, 246 26 789, 790 8
247, 248 16 791, 792 28
299, 300 18 793, 794 28
301, 302 22 795 28
303, 304 22 839, 840 28
305, 306 28 841, 842 5
307, 308 28 843 5
309, 310 28 891, 892 28
311 28 943, 944 16
353, 354 27 945, 946 16
355, 356 27 947, 948 20
407, 408 27 949 20
409, 410 29 995, 996 26
410.1, 410.2 29 997, 998 26
411, 412 27 999, 1000 26
413, 414 27 1001, 1002 28
415, 416 27 1003, 1004 28
417, 418 27 1005, 1006 28
419, 420 27 1006.1 28
421, 422 27 1007, 1008 26
469, 470 20 1009, 1010 27
471, 472 20 1011, 1012 28
473, 474 20 1055, 1056 15
475, 476 20 1057, 1058 15
477, 478 21 1059 15
479, 480 20 1107, 1108 27
521, 522 6 1109 28
523, 524 28 1157, 1158 23
525, 526 28 1159, 1160 2
526.1 28 1161, 1162 21
Supp. No. 29 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1163, 1164 28 1351, 1352 27
1165, 1166 28 1353, 1354 17
1167, 1168 28 1355, 1356 17
1169, 1170 28 1357, 1358 24
1171, 1172 28 1359, 1360 28
1173, 1174 28 1361, 1362 28
1175, 1176 28 1363, 1364 28
1177, 1178 28 1365 28
1179, 1180 28 1403, 1404 29
1221, 1222 21 1405, 1406 29
1223, 1224 23 1407, 1408 29
1225, 1226 23 1409, 1410 29
1226.1 23 1411, 1412 29
1227, 1228 12 1413, 1414 29
1229, 1230 12 1415, 1416 29
1231, 1232 25 1417, 1418 29
1233, 1234 25 1419, 1420 29
1235, 1236 21 1421, 1422 29
1237, 1238 21 1423, 1424 29
1239, 1240 21 1425, 1426 29
1275, 1276 28 1427, 1428 29
1277, 1278 28 1429, 1430 29
1279, 1280 28 1431, 1432 29
1281, 1282 28 1433, 1434 29
1283, 1284 28 1435, 1436 29
1284.1, 1284.2 28 1437, 1438 29
1284.3, 1284.4 28 1439, 1440 29
1284.5, 1284.6 28 1441, 1442 29
1285, 1286 OC 1443, 1444 29
1286.1, 1286.2 23 1445, 1446 29
1287 23 1447, 1448 29
1288.1 16 1449, 1450 29
1289, 1290 OC 1451, 1452 29
1291, 1292 OC 1453, 1454 29
1293, 1294 OC 1455, 1456 29
1295, 1296 28 1457, 1458 29
1297, 1298 28 1459, 1460 29
1298.1, 1298.2 28 1461, 1462 29
1298.3 28 1463, 1464 29
1299, 1300 OC 1465, 1466 29
1301, 1302 11 1467, 1468 29
1303, 1304 11 1469, 1470 29
1305, 1306 11 1471, 1472 29
1307, 1308 26 1473, 1474 29
Supp. No. 29
[31
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Page No. Supp. No. Page No. Supp. No.
1475, 1476 29 2103, 2104 28
1477, 1478 29 2105, 2106 29
1479, 1480 29 2106.1 29
1481, 1482 29 2107, 2108 27
1483, 1484 29 2109, 2110 27
1485, 1486 29 2111, 2112 28
1487, 1488 29 2113, 2114 27
1489, 1490 29 2115, 2116 27
1491, 1492 29 2117, 2118 27
1493, 1494 29 2119, 2120 27
1495, 1496 29 2121, 2122 27
1497, 1498 29 2123, 2124 27
1499, 1500 29 2125, 2126 27
1501, 1502 29 2127, 2128 27
1503, 1504 29 2129, 2130 27
1505, 1506 29 2131, 2132 27
1507, 1508 29 2133, 2134 27
1509, 1510 29 2135, 2136 27
1511, 1512 29 2137, 2138 28
1513, 1514 29 2139, 2140 27
1515, 1516 29 2141, 2142 28
1517, 1518 29 2143, 2144 29
1519, 1520 29 2144.1 29
1521, 1522 29 2145, 2146 27
1523, 1524 29 2147, 2148 27
1525, 1526 29 2149, 2150 28
1983, 1984 OC 2150.1 28
198b OC 2151, 2152 2'1
1987, 1988 OC 2153, 2154 27
1989, 1990 OC 2155, 2156 27
1991, 1992 2 2157 27
1993, 1994 6 2159, 2160 29
1995, 1996 13 2161, 2162 29
1997, 1998 18 2163, 2164 29
1999, 2000 24 2165, 2166 29
2001, 2002 29 2167, 2168 29
2043 OC
2053, 2054 29
2055 29
2081, 2082 14
2083, 2084 14
2085, 2086 14
2087, 2088 14
2101, 2102 27
Supp. No. 29 [4]
BUILDINGS AND BUILDING REGULATIONS § 6-17
governing authority in the discharge of his duties, shall not thereby render
himself personally liable, and is hereby relieved from all personal liability, for any
damage that may accrue to persons or property as a result of any act required or
permitted in the discharge of his duties. Any suit brought against any officer or
employee or member because of such act performed by him in the enforcement of
any provision of this code shall be defended by the department of law until the
final termination of the proceedings.
(6) Reports. The building official shall submit annually a report covering the work of
the building department during the preceding year. He may incorporate in said
report a summary of the decisions of the board of adjustments and appeals during
said year.
(b) Powers and duties of the building official.
(1) General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official is further authorized to render
interpretations of this code, which are consistent with its spirit and purpose.
(2) Right of entry. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the building official has reasonable cause to
believe that there exists in any building or upon any premises any condition or
code violation which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or hazardous, the building
official may enter such building, structure or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he shall first present proper
credentials and request entry If such building, structure or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure
entry.
When the building official shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or any
other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this code.
(3) Stop work orders. Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to his agent, or to the person doing the work, and shall state
Supp. No. 29 409
§ 6-17 ATLANTIC BEACH CODE
the conditions under which work may be resumed. Where an emergency exists,
the building official shall not be required to give a written notice prior to stopping
the work.
(4) Revocation of permits.
a. Misrepresentation of application. The building official may revoke a
permit or approval, issued under the provisions of this code, in case
there has been any false statement or misrepresentations as to the
material fact in the application or plans on which the permit or
approval was based.
b. Violation of code provisions. The building official may revoke a permit
upon determination by the building official that the construction,
erection, alteration, repair, moving, demolition, installation or replace-
ment of the building, structure, electrical, gas, mechanical or plumbing
systems for which the permit was issued is in violation of, or not in
conformity with, the provisions of this code.
(5) Unsafe buildings or systems. All buildings, structures, electrical, gas,
mechanical or plumbing systems which are unsafe, unsanitary, or do not
provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health, are considered unsafe buildings or service
systems. All such unsafe buildings, structures or service systems are hereby
declared illegal and shall not be abated by repair and rehabilitation or by
demolition in accordance with the provisions of the Standard Unsafe
Building Abatement Code.
(6) Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed building,
structure, electrical, gas, mechanical or plumbing system, or for the public
safety, health and general welfare, not specifically covered by this or the
other technical codes, shall be determined by the building official.
(Ord. No. 25-02-32, § 2, 11-11-02)
Secs. 6-18-6-23. Reserved.
Sec. 6-24. Same—Nonhabitable major structures; residential dune crossover struc-
tures.
(a) Nonhabitable major structures need not meet the specific structural requirements of
section 6-23, except that they shall be designed to produce the minimum adverse impact on the
beach and dune system and shall comply with the applicable standards of construction found
elsewhere in this code. All sewage treatment and public water supply systems shall be
flood -proofed to prevent infiltration of surface water anticipated under design storm condi-
Supp. No. 29 410
BUILDINGS AND BUILDING REGULATIONS § 6-30
tions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to
prevent infiltration of surface water expected under design storm conditions or shall otherwise
be designed to function when submerged under such storm conditions.
(b) All residential dune crossover structures shall be constructed in accordance with the
beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and
a copy of which will be kept in the city clerk's office and the office of the building official.
Walkovers will have strict adherence to this design and shall not vary more than ten (10)
percent in height to allow for changes in topography of the dune system.
BEACH DUNE WALKOVER
zmil Ana*
1'A iAli._.
tailar
miNIONot lora
id *44 triki147`t'.1
YPICAi4 PLAN
$CA1:E; 1l4. • t" -"t0
241E 1t
lat
2X TREADS
ZU2 .St111t$S
20% RAIP
APON
TYP)0AL. stttf :
$6A1:Et 1 (4" w 1..0-
�' ito )
NOTE; lq.kO2 OTEPS:ON!,‘OieN— $02
1,EVEL Or MONO, AO041
WlteN4 A SEVERE Si S%
(Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96)
Secs. 6-25--6-30. Reserved.
Supp. No. 29 410.1
NOTuSS.._ �q
au C6tat+ECt lg TO Bt
HOT OiP WOW=
....
9t1 'SIMMS
424048,POSTS
2*1MAKAIrf2R
r TS
�MAX. OECION9
Au s to
� �. � u IN CONCR ..
§ 6-30 ATLANTIC BEACH CODE
ARTICLE III. ELECTRICAL CODE*
Sec. 6-31. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31,
which pertained to standards for materials, installations, etc., and derived from Ord. No.
*Cross reference—Electric signs, § 17-12.
State law reference—Electrical code, F.S. § 553.15 et seq.
Supp. No. 29 410.2
Chapter 24
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS*
Art. I.
Art. II.
Art. III.
In General, §§ 24-1-24-15
Language and Definitions, §§ 24-16-24-30
Zoning Regulations, §§ 24-31-24-185
Div. 1. Generally, §§ 24-31-24-45
Div. 2. Administration, §§ 24-46-24-60
Div. 3. Application Procedures, §§ 24-61-24-80
Div. 4. General Provisions and Exceptions, §§ 24-81-24-100
Div. 5. Establishment of Districts, §§ 24-101-24-125
Div. 6. Planned Unit Development (PUD), §§ 24-126-24-150
Div. 7. Supplementary Regulations, §§ 24-151-24-175
Div. 8. Landscaping, §§ 24-176-24-185
*Editor's note -Ord. No. 90-03-184, § 2, adopted December 8, 2003, amended ch. 24, arts.
I-IV, §§ 24-1-24-260, in its entirety. Formerly, ch. 24 pertained to similar subject matter, and
derived from Ord. No. 90-01-72, §§ 2 and 3, adopted November 26, 2001 (see below), Ord. No.
05-02-37, § 1, adopted July 8, 2002, Ord. No. 5-02-38, § 1, adopted September 23, 2002, Ord.
No. 90-02-177, § 1, adopted September 23, 2002, Ord. No. 90-03-178, § 1, adopted January 27,
2003, and Ord. No. 90-03-182, § 1, adopted May 12, 2003.
Ord. No. 90-01-72, §§ 2 and 3, adopted November 26, 2001, repealed and replaced former Ch.
24, arts. I-IV, §§ 24-1-24-258. Former Ch. 24 pertained to zoning and subdivision regula-
tions and derived from the following ordinances:
Ord. No. 95-79-18, 10-8-79, § 2; Ord. No. 90-82-74, 7-26-82, §§ 2(I, B) -2(I, D), 2(I, G), 2(II,
A), 2(II, B), 2(III, A), 2(III, B, 2)-2(III, B, 4), 2(III, C, 1)-2(III, C, 3), 2(III, V, 1), 2(III, E,
1)-2(III, E, 5), 2(III, F, 1), 2(III, F, 2), 2(III, G, 1), 2(III, H, 1)-2(III, H, 18), 2(IV, A, 1)-2(IV,
A, 3), 2(IV, B, 1)-2(IV, B, 6), 2(IV, C, 1), 2(IV, C, 2), 2(IV, D, 1)-2(IV, D, 5), 2(IV, E, 1)-2(IV,
E, 8); Ord. No. 90-82-72, 1-10-83, § 1; Ord. No. 96-82-76, 1-10-83, § 1; Ord. No. 90-83-80,
6-27-83, §§ I-V; Ord. No. 90-83-81, 7-11-83, § 1; Ord. No. 90-83-82, 12-12-83, § 1; Ord. No.
90-85-91, 7-8-85, § 1; Ord. No. 90-85-92, 7-8-85, § 1; Ord. No. 90-85-95, 10-14-85, §§ 1, 2; Ord.
No. 90-85-96, 10-14-85, § 1; Ord. No. 90-85-97, 1-13-86, §§ 1, 2; Ord. No. 90-85-98, 1-13-86, § 1;
Ord. No. 90-86-100, 2-24-86, §§ 1, 2; Ord. No. 90-86-104, 6-23-86, § 1; Ord. No. 90-86-102,
7-14-86, §§ 1, 2; Ord. No. 90-86-105, 7-14-86, §§ 1-3; Ord. No. 90-86-108, 9-8-86, § 1; Ord. No.
90-86-103, 11-10-86, § 1; Ord. No. 90-86-113, 1-12-87, §§ 1, 2; Ord. No. 90-87-117, 3-9-87, § 1;
Ord. No. 90-87-119, 4-27-87, § 1; Ord. No. 90-87-124, 10-12-87, § 1; Ord. No. 90-87-127, 1-11-88,
§ 1; Ord. No. 90-88-128, 1-25-88, § 1; Ord. No. 90-88-132, 7-25-88, § 1; Ord. No. 90-88-134,
8-8-88, § 1; Ord. No. 90-88-136, 10-24-88, § 1; Ord. No. 90-88-138, 3-27-89, § 1; Ord. No.
90-89-141, 4-24-89, § 1; Ord. No. 95-89-146, 8-28-89, § 1; Ord. No. 90-90-151, 6-25-90, § 1; Ord.
No. 90-90-153, 8-28-90, § 1; Ord. No. 90-90-155, 7-22-91, § 1; Ord. No. 90-92-157, 5-26-92, § 1;
Ord. No. 95-95-65, 12-11-95, § 1; Ord. No. 45-97-12, 2-24-97, § 1; Ord. No. 90-99-168, 6-28-99,
§ 1; Ord. No. 90-01-170, 2-26-01, § 1.
Cross references -Any ordinance amending the zoning map saved from repeal, § 1-5(9);
buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and
recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising struc-
tures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
State law reference -Local Government Comprehensive Planning Act, F.S. § 163.3161 et
seq.
Supp. No. 29 1403
§ 24-1 ATLANTIC BEACH CODE
Art. IV Subdivision Regulations, §§ 24-186-24-260
Div. 1. Generally, §§ 24-186-24-200
Div. 2. Application Procedure, §§ 24-201-24-220
Div. 3. Required Improvements, §§ 24-221-24-230
Div. 4. Assurance for Completion and Maintenance of Improvements, §§ 24-231-
24-250
Div. 5. Design and Construction Standards, §§ 24-251-24-260
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and authority.
This chapter, together with all future amendments hereto, is adopted under the terms
granted by the Charter. The city commission does hereby exercise the power to classify land
within the jurisdiction of the city into zoning districts; to review, approve or deny requests to
change zoning district classifications; requests for uses -by -exception; requests for variances
and waivers to certain provisions of these regulations; to hear appeals on any decisions; to
review and approve or deny plats for the subdivision of land and to make comprehensive plan
amendments.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-2. Purpose and intent.
The purpose of this chnpter the zoning ,districts dna rogu .lations set forth herein is to
provide for orderly growth; to encourage the most appropriate use of land; to protect the
natural environment; to protect and conserve the value of property; to prevent the overcrowd-
ing of land; to promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, morals and general welfare of the public; and to help accomplish the
goals and objectives of the comprehensive plan. Further,
(1) In interpreting and applying the provisions of this chapter, these provisions shall be
held to be the minimum requirements for the promotion of the health, safety, morals
and general welfare of the community.
(2) It is not intended by this chapter to interfere with or abrogate or annual any
easements, covenants or other private agreements between parties. Where any
provision of this chapter imposes restrictions that are different from those imposed by
any other provision of this chapter, or any other ordinance, rule or regulation, or other
provision of law, whichever provisions are the more restrictive or impose higher
standards shall control.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29
1404
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-16
Sec. 24-3. Jurisdiction.
The provisions of this chapter shall apply to all lands, buildings, structures and to the uses
within the jurisdiction of the city. No land, building or structure shall be used, moved, added
to or enlarged, altered or maintained except in conformance with the provisions of this chapter
and in conformance with the comprehensive plan.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-4. Amendments.
For the purpose of providing for the public health, safety and general welfare of the city, the
city commission may, from time to time, amend the provisions of this chapter. Public hearings
on all proposed amendments shall be held by the city commission or the community
development board in the manner as prescribed by Florida law and as set forth within section
24-52 of this chapter.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-5. Legal status and consistency with the comprehensive plan.
Pursuant to Chapter 163.3194(1), Florida Statutes, as may be amended, all development
undertaken, and all actions taken in regard to development, shall be consistent with the
adopted comprehensive plan. Further, all land development regulations enacted or amended
shall be consistent with the adopted comprehensive plan, and in the event of inconsistency
between the requirements of any zoning or land development regulations, the provisions of the
comprehensive plan shall prevail. The city commission shall have the authority to amend the
adopted comprehensive plan in accordance with the process established within Chapter
163.3184, Florida Statutes.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-6-24-15. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 24-16. Construction of language.
The following rules of construction shall apply to the text of this chapter:
(1) The particular or specific shall control the general.
(2) In case of any difference in the meaning or implication between the text of this chapter
and any caption or illustrative table, the text shall control.
(3) The word "shall" is always mandatory and not discretionary. The word "may" is
permissive.
(4) A "building" or "structure" includes any part thereof, and these terms may be used
interchangeably.
Supp. No. 29 1405
§ 24-16 ATLANTIC BEACH CODE
(5) The phrase "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
(6) Unless the context clearly indicates the contrary, where a regulation involves two (2)
or more items, conditions, provisions or events connected by the conjunction "and," "or"
or "either ... or," the conjunction shall be interpreted as follows.
a. "And" indicates that all the connected items, conditions, provisions or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may
apply singly or in any combination.
c. "Either/or" indicates that the connected items, conditions, provisions or events
shall apply singly, but not in combination.
(7) The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(8) In the event that the provisions, as set forth within this chapter, conflict with those of
any other federal law, Florida Statute, local ordinance, resolution or regulation,
including the comprehensive plan, or any other applicable law, the more stringent
standard, limitation or requirement shall govern to the extent of the conflict, and
further provided that such other requirement is not in conflict with the adopted
comprehensive plan.
(9) Any reference to Florida Statutes, the Florida Administrative Code, the Florida
Building Code, and any other federal, state or local ordinance, resolution or regulation
shall mean as in effect at the time such is applied, including all amendments made
effective after the initial_ effective date of these land development regulations.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-17. Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth within
this section. Where applicable and appropriate to the context, definitions as set forth within
the Florida Building Code or within Florida Statutes, as either may be amended, shall be used
in conjunction with these terms and the requirements of this chapter.
Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including
any boat, motorcycle, trailer and the like, with a mechanical or structural condition that
precludes its ability for street travel or its intended use, or one that is dismantled, discarded,
wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or
stored openly in any zoning district unless expressly permitted within that zoning district.
Abutting property shall mean any property that is immediately adjacent to or contiguous to
the subject property, or that is located immediately across any road or public right-of-way from
the subject property.
Supp. No. 29 1406
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Accessory structure shall mean any structure located on a lot, not attached to the principal
building, and ancillary in use to the principal building. Pump houses for exterior well pumps
and the like not exceeding nine (9) square feet in area and four (4) feet in height shall not be
considered as accessory structures. Pump houses larger than nine (9) square feet or four (4)
feet in height shall be considered as a private garage for the purpose of determining height and
area regulations. This definition shall not include fences, hedges and walls, storage structures
not exceeding eight (8) feet in height and eighty (80) square feet, children's play equipment, pet
houses and landscape elements provided such are otherwise in compliance with the require-
ments of this chapter.
Accessory use is one that is ancillary and incidental, but related to the principal use of the
property.
Addition shall mean an extension or increase in floor area or height of a building or
structure.
Administrative official as used within this chapter shall mean that person(s) designated by
the city manager or the city commission to perform such duties as required pursuant to this
chapter.
Adversely affected person as used within this chapter shall mean a person who is suffering
or will suffer an adverse effect to an interest protected or furthered by these land development
regulations or the comprehensive plan. The alleged adverse effect may be shared in common
with other members of the community, but must exceed in degree the general interest in
community good shared by all persons in the community.
Alley shall mean a public or private way, which affords only a secondary means of access to
property abutting thereto, which is not otherwise designated as a thoroughfare for general
traffic.
Alteration shall mean any change in the arrangement of a building; any work effecting the
structural parts of a building; or any change in electrical, plumbing, heating or air conditioning
systems.
Animal hospital. See veterinary clinic or hospital.
Apartment house. See Dwelling, multi -family.
Applicant shall mean the title owner of record, or his authorized representative, of lands
that are the subject of a request for a change in zoning classification, a use -by -exception, a
variance, an appeal or any development permit.
Appraised value shall mean the value to an improvement or property as determined by a
certified appraiser. For the purpose of determining the appraised value, the certified appraisal
shall have been performed within the previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or
landscape elements, and which does not contain any type of solid roof.
Supp. No. 29 1407
§ 24-17 ATLANTIC BEACH CODE
Assessed value shall mean the value to an improvement or property as determined by the
Duval County Property Appraiser in the manner provided by Florida law.
Automotive service, minor shall mean the limited, minor or routine servicing of motor
vehicles or parts, but shall not include heavy automotive repair. Facilities containing more
than two (2) work bays, and performing any type of automotive service or repair shall be
defined as heavy automotive repair.
Automotive repair, heavy shall mean the repair, rebuilding or reconditioning of motor
vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
Bar or lounge shall mean any place devoted primarily to the selling or dispensing and
drinking of alcoholic beverages or any place where any sign is exhibited or displayed indicating
that alcoholic beverages are obtainable within or thereon and where such beverages are
consumed on the premises.
Block shall mean an arrangement or combination of lots, the perimeter of which abuts street
rights-of-way or other publicly owned lands. This may be construed to include approved
subdivision plans with lot arrangements or combinations where only a portion of the perimeter
abuts a street right-of-way or publicly -owned land.
Boarding house, rooming house, lodging house or dormitory shall mean a building or part
thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for
compensation for three (3) or more unrelated persons and where no cooking or dining facilities
are provided in individual rooms.
Bond shall mean any form of security including a cash deposit, surety bond, collateral,
property or instrument of credit in any amount and form satisfactory to the city commission.
All bonds shall be approved by the city commission wherever a bond is required by this
chapter.
(1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required
improvements are installed prior to recording the plat, surety may be required to be
posted in the amount of one hundred (100) percent of the original engineer's estimate
of the cost of improvements. The condition of this obligation is such that the city will
be protected against any defects resulting from faulty materials or workmanship of the
aforesaid improvements for a period of one (1) year.
(2) Performance bond: When required improvements are installed after recording the plat,
surety may be required to be posted in the amount of one hundred and twenty-five
(125) percent of the engineer's estimate of costs, including landfill.
Buffering. See Screening.
Building shall mean any structure designed or built for support, enclosure, shelter or
protection of persons, animals or property of any kind. Building shall include any structure
constructed or used for a residence, business, industry or other private or public purpose,
including structures that are accessory to such uses, provided such structures are in
compliance with the Florida Building Code.
Supp. No. 29 1408
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Building coverage. See lot coverage and impervious surface area.
Building permit shall mean any permit, which authorizes the commencement of construc-
tion in accordance with the construction plans or site plans approved by the city under the
provisions of this chapter and other applicable federal, state and local regulations.
Building, principal shall mean a building within which is conducted the principal use of the
lot or property upon which the building is situated.
Building restriction line shall mean the line(s) extending across the front, sides and/or rear
of the property, as defined by the building setback requirement of each zoning district or as
depicted on a platted lot of record. Unless otherwise allowed by this chapter, development of
buildings and structures shall be contained within building restriction lines. Building
restriction lines, which may require a greater building setback than the minimum yard
requirement of the applicable zoning district, and which have been recorded upon a final
subdivision plat approved and accepted by the city, shall be enforceable by the city. (See Figure
1 and also definition for building setback. Building setback and building restriction line may
have the same meaning and may be used interchangeably.)
Front
v k n Rcstriction Lana'
Neta1
Building setback shall mean the minimum required horizontal distance between the front,
rear or side property lines of the lot and the front, rear or sides of the building. When two (2)
or more lots under single or unified ownership are developed as a single development parcel,
Supp. No. 29
1409
§ 24-17
ATLANTIC BEACH CODE
the exterior lot lines of the combined parcel(s) shall be used to determine required building
setbacks. (See Figure 2 and definition for building restriction line. Building setback and
building restriction line may have the same meaning and may be used interchangeably.)
Pigure 2
Bulkhead shall mean a fixed structure constructed between land and water or marsh areas,
primarily designed to resist earth pressures.
Car wash shall mean an area of land or a structure with either a machine or hand operated
facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles, but
shall not include any type of repair or servicing of motor vehicles or the dispensing of
automotive fuels.
Cemetery shall mean land used or intended to be used for the burial of animal or human
dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuar-
ies, if operated in connection with and within the boundaries of such cemetery.
Center line, street shall mean a line running parallel with the highway right-of-way, which
is the distance between the extreme edges of the official right-of-way width.
Certificate of occupancy or certificate of completion shall mean that certificate issued by the
city subsequent to final inspection by the building official verifying that all improvements have
been completed in conformance with the requirements of this chapter, any final subdivision
plat, and the approved construction plans and the Florida Building Code.
Certificate of ownership shall mean an opinion of title from a licensed attorney or title
company certifying to the city commission, based upon an examination of an abstract of title
of the Official Records of Duval County, stating that the applicant is the owner in fee simple
of the tract. The certificate shall also state the names and nature of all liens, mortgages and
encumbrances against the title to said tract, if any.
Supp. No. 29
1410
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written
statement regarding its accuracy or conformity to specified standards certified and signed by
the registered surveyor under whose supervision said survey was prepared.
Change of use shall mean discontinuance of an existing use and the substitution of a
different use as classified by these land development regulations. In the case of question
regarding use, such use shall be determined based upon the Standard Industrial Classification
(SIC) Code Manual issued by the United States Office of Management and Budget.
Child care means the care, protection, and supervision of a child, for a period of less than
24 hours per day, on a regular basis, which supplements parental care, enrichment, and health
supervision for the child, in accordance with his individual needs, and for which a payment,
fee, or grant is made for such care. Child care provided within private homes shall be limited
to care of not more than five (5) children, unrelated to the operator, within a single time period,
and shall be licensed and operated in accordance with all applicable requirements of the
Florida Department of Children and Families and section 24-152 of this chapter.
Child care facility shall include child care centers, day nurseries, kindergartens, and any
child care arrangement, which provides child care for more than five (5) children unrelated to
the operator, and which receives a payment, fee, or grant for any of the children receiving care,
wherever operated, and whether or not operated for profit. This definition shall not include
family day care home.
Church shall mean a building used for nonprofit purposes by a recognized or established
religion as its place of worship. A single residential dwelling unit for occupancy by the pastor
or minister and their families may be located within the church or on the same property as the
church.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by one (1) person or a group of persons practicing any
form of healing or health services to individuals, whether such persons be medical doctors,
chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such
profession, the practice of which is lawful in the State of Florida.
Club shall mean a building and facilities owned and operated by a corporation or association
of persons for social or recreational purposes, but not operated primarily for profit or to render
a service or product, which is customarily carried on as a business.
Coastal construction control line (CCCL) shall mean the line as determined by the Florida
Department of Environmental Protection (FDEP), and regulated under authority of the Beach
and Shore Preservation Act, Florida Statutes, Chapter 161, which is administered by the
FDEP.
Code shall mean the Code of Ordinances for the City of Atlantic Beach, Florida.
Supp. No. 29 1411
§ 24-17 ATLANTIC BEACH CODE
Community center shall mean a facility available for public use, which may be used for
recreation activities, meetings and social gatherings, and also for government, cultural, civic
or similar type activities.
Comprehensive plan shall mean the local government comprehensive plan, which was
adopted by the city commission pursuant to the Local Government Comprehensive Planning
and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and
which serves as the legal guideline for the future development of the city. Pursuant to Florida
Statutes, Chapter 163.3194(1)(b), in the case of any inconsistency between the provisions of
this chapter and the comprehensive plan, the comprehensive plan shall prevail.
Construction plans shall mean the construction and engineering drawings, specifications,
tests and data necessary to show plans for construction of the proposed improvements to land,
and shall be in sufficient detail to permit evaluation of the proposals.
Corner lot. See Lot, corner
Covenants shall mean private agreements recorded in the public records that restrict the
use of private property. These land development regulations shall not abrogate or annul any
private covenants or agreements, provided however, that if these regulations impose a greater
restriction on the use and development of land, the provisions of these regulations shall
govern. The term covenants shall include restrictive covenants, and other similar terms used
to describe such private agreements.
Density shall mean the number of residential dwelling units permitted per acre of land, or
portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and
jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable
density shall be established by the comprehensive plan, as may be amended.
Development shall be defined according to Florida Statutes, Chapter 380.04, as follows:
(1) Development means the carrying out of any building or mining operation or the
making of any material change in the use or appearance of any structure or land and
the dividing of land into two (2) or more parcels.
(2) The following activities or uses shall be taken for the purposes of this chapter to
involve development, as defined in this section:
a. A reconstruction, alteration of the size or material change in the external
appearance of a structure on land.
b. A change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure or on land or a material increase in the number of
businesses, manufacturing establishments, offices or dwelling units in a struc-
ture or on land.
c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal,
including any coastal construction, as defined in Florida Statutes, Chapter
161.021.
Supp. No. 29 1412
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
d. Commencement of drilling, except to obtain soil samples, mining or excavation on
a parcel of land.
e. Demolition of a structure.
f. Clearing of land as an adjunct of construction.
g. Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(3) The following operations or uses shall not be taken for the purposes of this chapter to
involve development as defined in this section:
a. Work by highway or road agency or railroad company for the maintenance or
improvement of a road or railroad track, if the work is carried out on land within
the boundaries of the right-of-way.
b. Work by a utility and/or other person engaged in the distribution or transmission
of gas or water, for the purpose of inspecting, repairing, renewing or construction
on established rights of way, any sewers, mains, pipes, cables, utility tunnels,
power lines, towers, poles, tracks or the like.
c. Work for maintenance, renewal, improvement or alteration of any structure, if
the work affects only the interior or the color of the structure or the decoration of
the exterior of the structure.
d. The use of any structure or land devoted to dwelling uses for any purpose
customarily incidental to enjoyment of the dwelling.
e. A change in the ownership or form of ownership of any parcel or structure.
f. The creation or termination of rights of access, riparian rights, easements,
covenants concerning development of land or other rights in land.
Development permit shall include any building permit, variance, use -by -exception, site plan,
plat or subdivision approval, rezoning, or other official action of the city, which shall permit the
use or development of land upon proper issuance of said permit.
Development project shall mean a unified development constructed or reconstructed on
contiguous lands.
District shall mean zoning district classifications as established by the official zoning map
and as set forth within division 5 of this chapter.
Duplex. See Dwelling, two-family.
Dwelling unit shall mean a single unit providing complete independent living facilities for
one (1) family as defined herein, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
Dwelling, multi -family shall mean a residential building designed for or occupied exclu-
sively by three (3) or more families, with the number of families in residence not exceeding the
number of dwelling units provided.
Supp. No. 29 1413
§ 24-17 ATLANTIC BEACH CODE
Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not
attached to any other dwelling unit by any means, and occupied by one (1) family only.
Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling
units designed for or occupied by two (2) families, with the number of families in residence not
exceeding one (1) family per dwelling unit.
Easement shall mean a grant from a property owner or public agency for the use of land for
a specific purpose or purposes by the general public or a public agency, by a corporation or by
certain person(s).
Eaves and cornices shall mean typical projections, overhangs or extensions from the roof
structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches into
required front and rear yards. Eaves and cornices shall not project into required side yards
beyond twenty-four (24) inches, or forty (40) percent of the established required side yard
setback, whichever distance is less.
Environmentally sensitive areas shall include lands, waters or areas within the city which
meet any of the following criteria:
(1) Wetlands determined to be jurisdictional, and which are regulated by the Florida
Department of Environmental Protection (FDEP) and the St. Johns River Water
Management District (SJRWMD);
(2) Estuaries or estuarine systems;
(3) Outstanding Florida Waters and Natural Water Bodies;
(4) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348),
and those beach and dune areas seaward of the coastal construction control line;
(5) Areas designated as conservation by the future land use map;
(6) Essential habitat to listed species as determined by approved methodologies of the
Florida Fish and Wildlife Conservation Commission, the Department of Agriculture
and Consumer Services, and the U.S. Fish & Wildlife Service.
Exception, use -by is a departure from the general use provisions of these land development
regulations, which may be granted in accordance with the express provisions of section 24-63
of this chapter.
Family shall mean one (1) or more persons, related by blood, adoption or marriage, living
and cooking together as a single housekeeping unit, exclusive of household servants and minor
children under the age of eighteen (18). Persons living and cooking together in a domestic
relationship and as an integrated single housekeeping unit, though not related by blood,
adoption or marriage, shall be deemed to constitute a family, provided that such alternative
definition of family shall not exceed two (2) persons. The term family shall not be construed to
mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional
living arrangements.
Supp. No. 29
1414
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Family day care home shall mean as defined by state law. (See also Group care home.)
Pursuant to Chapter 166.0445, Florida Statutes, the operation of a residence as a family day
care home registered and licensed with the Department of Children and Family Services shall
constitute a permitted residential use and shall not require approval of a use -by -exception.
Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry, wire,
metal or similar materials for the purpose of enclosing, screening or separating land. Open
frames, open trellises, or similar open landscape fixtures, designed solely to support landscap-
ing and plant materials shall not be construed as a fence.
Flood shall mean a temporary rise in the level of a body of water inundating areas not
ordinarily so covered.
Flood frequency shall mean the statistically determined average for how often a specific
flood level or discharge may be equaled or exceeded.
Floodway shall mean the channel of a watercourse and portions of the adjoining flood plane,
which are reasonably required to carry and discharge the regulatory flood.
Floor area shall mean the sum of the gross horizontal areas of all floors of a building or
buildings, measured from exterior faces of exterior walls or from the center line of walls
separating two (2) attached buildings.
Foster home shall mean any establishment or private residence that provides 24-hour care
for more than three (3) children unrelated to the operator and which receives a payment, fee
or grant for any of the children receiving care, and whether or not operated for profit.
Future land use, as used in this chapter, shall mean the future land use as designated by the
adopted comprehensive plan future land use map, as may be amended.
Garage apartment shall mean a dwelling unit for not more than one (1) family, which is
combined with a private garage, allowed only as set forth within section 24-88. A garage
apartment shall not be leased or rented for periods of less than ninety (90) consecutive days.
Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions
of section 24-88. Garage apartments shall remain in joint ownership with the principal use
structure.
Garage, apartment building shall mean a building, designed and intended to be used for the
housing of vehicles, belonging to the occupants of an apartment building on the same property.
Garage, private shall mean a detached residential accessory structure or a portion of the
principal building used as a work or hobby space, for recreation or leisure activities, or for the
storage of motor vehicles and personal property belonging to the occupants of the principal
building. A private garage may contain sleeping quarters, electrical service and plumbing, but
shall not contain a kitchen and shall not be converted to or used as a dwelling unit. No home
occupation shall be conducted with a private garage, unless approved in accordance with the
provisions of section 24-159. A carport shall be considered as a private garage. (See section
24-151(b)(1)iv.)
Supp. No. 29 1415
§ 24-17 ATLANTIC BEACH CODE
Garage, public shall mean a building or portion thereof, other than a private garage,
designed or used for the parking, storage and hiring of motor vehicles. Public garages shall be
permitted only within commercial and industrial zoning districts.
Garage sale shall mean a temporary event for the sale of personal property in, at or upon
any residentially zoned property, or upon any commercially zoned property independent of any
business licensed under this Code to conduct retail sales upon such property. Garage sales
shall include, but not be limited to, the advertising of the holding of any such sale, or the
offering to make any such sale, whether made under any other name such as yard sale, front
yard sale, back yard sale, home sale, patio sale, rummage sale.
Government use shall mean the use of lands owned by the federal, state or local government
used for a purpose, which is related to governmental functions. Any lawful activity is permitted
without restriction. Any lands used by a government, which are converted to private
ownership, shall comply with the requirements of the particular zoning district classification
and the comprehensive plan.
Grade, calculated average shall mean the average elevation of a site, calculated prior to
excavation, fill or land balancing. The average elevation of the site shall be determined by
superimposing a horizontal grid composed of ten (10) equidistant lines by ten (10) equidistant
lines, arranged such that the outer perimeter lines shall be substantially aligned with the
exterior lot lines, over the existing site. At each of the intersections of the lines of the grid, the
existing grade elevation shall be determined by a registered land surveyor using standard
practices. The average elevation of the site shall then be determined by adding the one
hundred (100) elevations as measured at the points of intersection of the grid together and
dividing by one hundred (100). This calculated average elevation shall be used for all
..t be d in records
the city. determinations of building heights on that site and shall recorded the of
Alternatively, and by mutual concurrence of the property owner and the building official, on
sites where the existing grade is predominantly flat, with few or no variations of grade, the
calculated average grade may be calculated by establishing the elevation at the points of
intersection of the exterior lot lines plus one (1) point at the approximate center of the property.
All points measured shall lie on or within the lot lines of the property.
Grade, developed calculated average shall be used for lots with existing structures or sites
where a structure previously existed and no record or means of determining the calculated
average grade exists. The developed calculated average grade shall be determined by
superimposing a ten (10) by ten (10) grid of elevation points over the entire lot. The average
elevation of those points not lying within any portion of an existing structure shall be the
developed calculated average grade for the purpose of building height measurements.
Alternatively, and by mutual concurrence of the property owner and the building official, on
sites where the existing grade is predominantly flat, with few or no variations of grade, the
developed calculated average grade may be calculated by establishing the elevation at the
points of intersection of the exterior lot lines. All points measured shall lie on or within the lot
lines of the property.
Supp. No. 29
1416
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Grade, finished shall mean the elevation of a site after all fill, land balancing or site
preparations have been completed. Finished grade shall not be used in the calculation of
allowable height of building.
Group care home shall mean any dwelling, building or other place, occupied by seven (7) or
more persons, including staff, whether operated for profit or not, which provides for a period
exceeding twenty-four (24) hours, one (1) or more personal services for persons not related to
the owner or administrator by law, blood, marriage or adoption, and not in foster care, who
require such services. The personal services, in addition to housing and food services, may
include but not be limited to personal assistance with bathing, dressing, housekeeping, adult
supervision, emotional security, and other related services but not including medical services.
Guest house or guest quarters shall mean a building or portion therein used only for
intermittent and temporary occupancy by a non-paying guest or family member of the
occupant of the primary residence. A guest house or guest quarters shall not be converted to
or used as a permanent dwelling unit, shall not be rented for any period of time and shall not
contain a kitchen, but may contain a kitchenette as defined herein.
Height of building shall mean the vertical distance from the calculated average grade of the
lot to the highest point of a building's roof structure or parapet, and any attachments thereto,
exclusive of chimneys.
Home occupation shall mean any use conducted entirely within a dwelling and carried on by
an occupant thereof, which use is clearly incidental and secondary to the principal use of the
dwelling for residential purposes and does not change the residential character thereof. Home
occupations shall be allowed only in accordance with the requirements of section 24-159.
Home office shall mean an activity consisting only of a private office for a practitioner of a
recognized business or profession, which is entirely located within a residential structure and
does not involve any daily contact with customers or clients. A home office shall be clearly
incidental and accessory to the residential use of the property, and shall not involve any
employees, commercial signage, manufacturing or storage of products or materials, or the use
of any equipment other than normal office equipment and shall not create any additional daily
traffic. Home offices shall be a permitted accessory use in all residential zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for
overnight care and treatment of two (2) or more unrelated persons as patients suffering mental
or physical ailments, but not including any dispensary or first-aid treatment facilities
maintained by a commercial or industrial plant, educational institution, convent or convales-
cent home or similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a
building, or portion of a building, containing individual guest rooms or guest accommodations
for which rental fees are charged for daily or weekly lodging. This definition shall not include
private homes leased for periods exceeding ninety (90) days.
House trailer: See Mobile home.
Supp. No. 29 1417
§ 24-17 ATLANTIC BEACH CODE
Impervious surface shall mean those surfaces that prevent the entry of water into the soil.
Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas,
driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any
surfacing material with a base or lining of an impervious material. Wood decking elevated two
(2) or more inches above the ground shall not be considered impervious provided that the
ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony
overhangs that are subject to inundation by stormwater and which allow the percolation of
that stormwater shall not be considered impervious areas. Swimming pools shall not be
considered as impervious surfaces because of their ability to retain additional rain water,
however, decking around a pool may be considered impervious depending upon materials used.
Surfaces using pervious concrete or other similar open grid paving systems shall be calculated
as fifty (50) percent impervious surface, provided that no barrier to natural percolation of
water shall be installed beneath such material.
Improvements shall include, but not be limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations,
storm sewers or drains, street names, signs, street lights, landscaping, permanent reference
monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement
as may be required by the city commission or these land development regulations.
Institutional use shall mean the structure or land occupied by a group, cooperative, board,
agency or organization created for the purpose of carrying on functions, such as hospitals,
schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing or
convalescent homes.
Junk yard. See Salvage yard.
Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for
sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics,
animal grooming parlors or pet shops.
Kitchen shall mean an area of a building permanently equipped for food storage, prepara-
tion, or cooking.
Kitchenette shall mean an area within a building containing limited kitchen facilities such
as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and includes
any improvements or structures customarily regarded as part of the land.
Land development regulations as used within this Code, shall have the same meaning as
defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building
and construction and other regulations controlling the use and development of land.
Landscaping shall mean any of the following or combination thereof: living materials, such
as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving
durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles,
sand, walls, fences, berms, sculptures and fountains, but excluding paving.
Supp. No. 29
1418
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Laundromat, self-service shall mean a business that provides noncommercial clothes
washing and drying or ironing machines to be used by customers on the premises.
Live entertainment includes, but is not limited to, singers, pianists, musicians, musical
groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers,
comedians and all fashions, forms and media of entertainment carried on and conducted in the
presence of and for the entertainment and amusement of others and as distinguished from
records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live
entertainment, as used within these land development regulations, shall not include adult
entertainment establishments as defined by Chapter 847.001(2), Florida Statutes.
Loading space shall mean a space within the main building or on the same property,
providing for the standing, loading or unloading of trucks or other motor vehicles, constructed
consistent with the requirements of this chapter.
Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted within
this chapter and having its required frontage upon a street right-of-way or permanent
easement, and as may be defined in Chapter 177, Florida Statutes.
Lot area shall mean the area formed by the horizontal plane within the lot lines.
Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or
at a street corner having an interior angle not greater than one hundred thirty-five (135)
degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be
considered the front of the lot. The exterior lot line of the longest side of the lot abutting the
street shall be considered as a side of the lot and shall have a minimum required side yard of
fifteen (15) feet. The opposite side yard and the rear yard shall conform to the minimum yard
requirements of the zoning district in which the property is located.
Lot coverage shall mean the area of the lot covered by all impervious surfaces.
Lot depth shall mean the distance measured from the middle point of the front lot line to the
middle point of the opposite rear lot line.
Lot line shall mean the legal boundary of a lot as established by a certified land survey.
Lot of record shall mean:
(1) A lot that is part of a documented subdivision, the map of which has been recorded in
the office of the clerk of the circuit court; or
(2) A lot or parcel of land described by metes and bounds, the description of which has been
recorded in the office of the clerk of the circuit court, consistent with and in compliance
with land development regulations in effect at the time of said recording.
Lot width shall mean the mean horizontal distance between the side lot lines, measured at
right angles to its depth.
Supp. No. 29 1419
§ 24-17 ATLANTIC BEACH CODE
Marina shall mean an establishment with a waterfront location for the purpose of storing
water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including
accessory facilities for purposes such as refueling, minor repair and launching.
Mean high water shall mean the average height of the high waters over a nineteen (19) year
period or for shorter periods of observations; the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the
equivalent of a mean nineteen (19) year value, as defined in Chapter 253, Florida Statutes.
Mini -warehouses shall include all those businesses commonly known as mini -warehouses,
which shall be utilized for the sole purpose of storage of tangible personal property. No
business activity shall be conducted within mini -warehouses.
Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight
(8) feet or more in width and which is built on an integral chassis and designed to be used as
a dwelling when connected to the required utilities including plumbing, heating, air-
conditioning, and electrical systems.
Nonconforming lot of record shall mean a lot of record containing less than the minimum
site area, site dimensions or other site requirements of the applicable zoning district in which
is not in compliance with the provisions of other currently effective land development
regulations, as may be lawfully amended, but which was legally recorded and documented
prior to the effective date of such land development regulations. (See Lot and Lot of record).
Nonconforming structure shall mean a structure or building or portion thereof, which does
not conform with the land development regulations applicable to the zoning district in which
the structure is located, but which was legally established prior to the effective date of such
land development regulations.
Nonconforming use shall mean the use of a structure or building or portion thereof, or land
or portion thereof, which does not conform with the land development regulations and/or
comprehensive plan future land use map designation applicable to the lands in which the use
is located, but which was legally established prior to the effective date of such land
development regulations or comprehensive plan.
Nursing home. See Group care home.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office, business or professional shall mean a building providing office space for business or
professional services.
Open space shall mean an area open to the sky, which may be on the same lot with a
building. The area may include, along with the natural environmental features, landscaping
elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air
recreational facilities. Streets, structures and screened or impervious roofed structures shall
not be allowed in required open space.
Supp. No. 29 1420
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Parcel shall mean a tract of land, which may be described by metes and bounds or recorded
plat. See also the definition for lot.
Parking, accessible shall mean parking spaces designed in compliance with the Americans
with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities
(ADAAG), as may be amended.
Parking lot shall mean an area used exclusively for the temporary parking of motor vehicles,
whether or not a fee is charged. (See section 24-161.)
Parking space, off-street shall mean a space consisting of an area adequate for parking
motor vehicles with room for opening doors on both sides, together with properly related access
to a public street or alley and maneuvering room, but located totally outside of any street or
alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the
requirements of section 24-161.
Permanent control point (PCP) shall be a secondary horizontal control. monument and shall
be a metal marker with the point of reference marked thereon or a four (4) by four (4) inch
concrete monument, a minimum of twenty-four (24) inches long, with the point of reference
marked thereon. PCPs shall bear the registration number of the surveyor filing the plat of
record.
Permanent reference monument (PRM) shall consist of a metal rod a minimum of twenty-
four (24) inches long, or a one and one-half (112) inch minimum diameter metal pipe a
minimum of twenty (20) inches long, either of which shall be encased in a solid block of
concrete or set in natural bedrock, a minimum of six (6) inches in diameter, and extending a
minimum of eighteen (18) inches below the top of the monument, or a concrete monument four
(4) inches by four (4) inches, a minimum of twenty-four (24) inches long, with the point of
reference marked thereon. A metal cap marker with the point of reference marked thereon
shall bear the registration number of the surveyor certifying the plat of record, and the letters
"PRM" shall be placed in the top of the monument.
Permitted use shall mean the uses and activities that are allowed within a particular zoning
district as described within division 5 of this chapter. In the case of question regarding a
typical or similar use, such use shall be determined based upon the Standard Industrial
Classification (SIC) Code Manual issued by the United States Office of Management and
Budget.
Planned unit development (PUD) shall mean land under unified control, planned and
developed as a whole in a single unified development or in approved phases. PUDs may include
dwelling units and related uses and facilities. Applications for planned unit developments
shall identify all principal and accessory uses and structures proposed within the PUD as well
as those in the surrounding areas. Planned unit developments are intended to be developed
according to a comprehensive and detailed plan of development, which includes streets,
utilities, lots or building sites, and facilities and services for common use by some or all of the
occupants of the PUD, whether public or private. Planned unit developments shall be
consistent with the comprehensive plan.
Supp. No. 29 1421
§ 24-17 ATLANTIC BEACH CODE
Planning agency shall mean the community development board, or any other agency
designated by the city commission, to serve those functions as the city's local planning agency,
pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city
commission.
Plat, final subdivision means the plat to be recorded in accordance with engineering plans,
specifications and calculations; certification of improvements, as -built drawings, or perfor-
mance guarantee; and other required certifications, bonds, agreements, approvals, and
materials for a development or a phase of a development or the entire parcel of land proposed
for development as required pursuant to article IV of this chapter.
Plat, re -plat, amended plat, or revised plat shall mean a map or delineated representation
of the division or re -division of lands, being a complete and exact representation of the
subdivision and including other information in compliance with the requirements of all
applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and
Part I, Chapter 177, Florida Statutes.
Principal building shall mean shall mean a building within which is conducted the main or
principal use of the lot or property upon which the building is situated.
Principal use shall mean the primary use of land, as distinguished from an accessory use.
Property line shall mean the exterior lot lines of a single parcel or a group of lots when two
(2) or more lots are considered together for the purposes of development.
Public open space shall mean open space, land or water areas, available for public use, not
restricted to members or residents.
Public utility services or essential facilities shall mean the erection, construction, alteration,
operation or maintenance of buildings, power plants or substations, water treatment plants,
pumping stations, sewage disposal or pumping plants, telecommunication facilities and other
similar public service. Structures operated by a publicly or privately owned utility, a municipal
or other governmental agency, lawfully designated to furnish services area also included
within this definition.
Recreational vehicle (RV) shall include the following types of vehicles:
(1) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed;
designed to be used as a temporary dwelling for travel, recreation and vacation uses;
permanently identified as a travel trailer by the manufacturer of the trailer; and when
factory equipped for the road, having a body width not exceeding eight (8) feet and a
body length not exceeding thirty-two (32) feet.
(2) Pickup coach shall mean a structure designed to be mounted on a truck chassis with
sufficient equipment to render it suitable for use as a temporary dwelling for travel,
recreation and vacation uses.
Supp. No. 29 1422
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
(3) Camping trailer shall mean a collapsible, temporary dwelling covered with a water-
repellent fabric, mounted on wheels and designed for travel, recreation and vacation
uses.
(4) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile
and into the trunk with the cover removed, and is designed for travel, recreation and
vacation uses.
(5) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for consumption
on or off the premises or within an enclosed business or building.
Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or
other such strip of land reserved for a public use, whether established by prescription,
easement, dedication, gift, purchase, eminent domain or other lawful means.
Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold,
exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include
automobile wrecking, house wrecking and structural steel materials and equipment yards, but
shall not include places for the purchase or storage of used furniture and household
equipment, used cars in operable condition, or used or salvaged materials from manufacturing
operations or for any type of automotive repair.
Screening shall mean the required treatment of land parallel to adjacent lot lines,
containing either: densely planted trees and shrubs at least four (4) feet in height at the time
of installation and of an evergreen variety that shall form a year round visual barrier and shall
reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or
similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used,
construction materials, finish and colors shall be of uniform appearance. All screening shall be
maintained in good condition. Where appropriate, a landscaped berm may be used in place of
a fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required off-street parking
spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24)
inches of seating shall count as one (1) seat. For areas without fixed seating such as standing
areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required
seat.
Service station, automotive shall mean any building, structure or land used for the
dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in
connection with which is performed minor automotive service, but not heavy automotive
repair.
Setback shall mean the required distance between the lot line and the building or structure.
See definition for building setback.
Supp. No. 29 1423
§ 24-17 ATLANTIC BEACH CODE
Shopping center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-street parking provided on the
property, and related in location, size and type of shops to the trade area the shopping center
serves.
Site plan shall mean the surveys, maps or drawings depicting the specific location and
design of improvements proposed to be installed or constructed in accordance with the
requirements of this chapter.
Sight triangle shall mean the area within the limits described by the two (2) intersecting
center lines of a street and a line drawn between them from points on each center line that are
a prescribed number of feet from the intersection of the center lines. See figure 3.
Figure 3
Sign shall mean any identification, description, illustration, or device illuminated or
non -illuminated, which is visible from any outdoor place, open to the public and which directs
attention to a product, service, place, activity, person, institution, or business thereof,
including any permanently installed or situated merchandise; or any emblem, painting,
banner, pennant, placard, designed to advertise, identify, or convey information, with the
exception of customary window displays, official public notices and court markers required by
federal, state or local regulations; also excepting, newspapers, leaflets and books intended for
individual distribution to members of the public, attire that is being worn, badges, and similar
personal gear. Signs shall also include all outdoor advertising displays as described within
Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of
Section 3108 of the Florida Building Code.
Story shall mean that portion of a building included between the surface of any floor and the
surface of the floor above it, or if there is no floor above it, then the space between the floor and
ceiling above.
Supp. No. 29 1424
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property. This includes lane, place, way, alley or other means of ingress or
egress, regardless of the term used to describe it.
Street, arterial shall mean a part of the roadway system serving as a principal network for
through traffic flow, including all state roads and any other roadway serving a similar
function. Arterial streets are utilized primarily for high-speed vehicular traffic and heavy
volumes of traffic, collecting traffic from collector streets.
Street, local shall mean a part of the roadway system providing primarily access to
residential driveways and circulation within residential neighborhoods.
Street, major collector shall mean a street carrying medium volumes of traffic collected
primarily from minor collector streets and delivering the traffic to arterial streets.
Street, minor collector shall mean a street carrying relatively light volumes of traffic
primarily from minor collector streets to major collector streets.
Street, private shall mean a street that is privately owned and maintained, and where a
properly recorded private easement has been approved by the appropriate city agency.
Street, public shall mean a street legally dedicated to public use and officially accepted by
the city.
Street right-of-way line shall mean the dividing line between a lot or parcel of land and the
contiguous street.
Structural alteration shall mean any change in the supporting members of a structure, such
as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof
or in the exterior walls.
Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30)
inches or more in height, including modular, manufactured and mobile homes, storage tanks,
or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles, and
overhead transmission lines, but excluding fences not over six (6) feet in height and landscape
features that do not contain a solid or screened roof such as trellises, arbors, pergolas,
fountains and statuary. Buildings constructed with a connected solid roof structure shall be
considered as a single structure.
Subdivision shall mean the division of land into three (3) or more lots or parcels, which may
include establishment of new streets and alleys, stormwater facilities, infrastructure including
but not limited to water, sewer, and utilities. The term subdivision shall also include replat and
the division of previously recorded subdivisions when three (3) or more lots or parcels are
created, and when appropriate to the context, subdivision also relates to the process of
developing land.
Swimming pool shall mean any constructed pool used for swimming.
Theater shall mean an establishment offering dramatic presentations or showing motion
pictures to the general public.
Supp. No. 29 1425
§ 24-17 ATLANTIC BEACH CODE
Threatened or endangered species shall mean species so listed by the Florida Fish and
Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Ser-
vices, and U.S. Fish and Wildlife Service.
Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more
attached units with ownership lines separating each dwelling unit through a common wall(s)
and where ownership of each dwelling unit is held in fee -simple title for property as defined by
a metes and bounds or other valid legal description. Development of townhouses, or conversion
to townhouses, shall be allowed only in compliance with Florida Building Codes related to
adequate firewall separation. Further, development of townhouses, or conversion to townhouses,
shall be allowed only in compliance with the applicable residential density as established by
the comprehensive plan, and in accordance with section 24-87 and article IV of this chapter as
well as applicable provisions of Part I, Chapter 177, Florida Statutes.
Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and
used for transporting a boat, animal, equipment or general goods. See also Recreational
vehicle.
Travel trailer park or court shall mean a park or court, licensed and approved by the state
board of health, and established to carry on the business of parking travel trailers.
Use. To the extent used within these land development regulations, use shall mean the
lawful purpose for which land or water, or a structure thereon, is designated.
Used, as applied to any land or structure, shall include the words "intended," "arranged,"
"designed to be used for" or 'occupied by."
Variance. A variance shall mean relief granted from certain terms of this chapter. The relief
granted shall be only to the extent as expressly allowed by this chapter and may be either an
allowable exemption from certain provision(s) or a relaxation of the strict, literal interpreta-
tion of certain provision(s). Any relief granted shall be in accordance with the provisions as set
forth in section 24-64 of this chapter, and such relief may be subject to conditions as set forth
by the City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading spaces and access drives within property located in
the commercial and industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure or
use, which in accordance with applicable Florida law or the specific terms of this chapter, is
exempt from certain requirements of these land development regulations and/or the compre-
hensive plan.
Veterinary clinic shall mean any building or portion thereof designed or used for the
veterinary care, surgical procedures or treatment of animals, but shall not include the
boarding of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter, when it is
demonstrated that compliance with such provision(s) would be unreasonable, in conflict with
Supp. No. 29 1426
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-31
the public interest, or a practical impossibility. A waiver from these land development
regulations may be approved by the city commission upon showing of good cause, and upon
evidence that an alternative to a specific provision(s) of this chapter shall be provided, which
conforms to the general intent and spirit of these land development regulations. In considering
any request for a waiver from these land development regulations, the city commission may
require such conditions as appropriate to ensure that the general intent and spirit of these
land development regulations are enforced. A waiver shall not modify any requirement or term
customarily considered as a variance or any requirement or term prohibited as a variance.
Wetlands shall mean those areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support vegetation typically adapted for
life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs,
cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric
seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of
actual wetland boundaries may be made by professionally accepted methodology consistent
with the type of wetlands being delineated but shall be consistent with any unified statewide
methodology for the delineation of wetlands.
Yard means a required area on the same lot with a building, unoccupied and unobstructed
from the ground upward, except by trees or shrubbery, landscape elements and uncovered
steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise
provided for within this chapter.
Yard, required front means the required yard extending across the full width of the lot,
extending from the front lot line to the front building setback line as established by the zoning
district designation. (See definitions for Eaves and cornices and building setback.)
Yard, required rear means a required yard extending across the full width of the lot,
extending between the rear lot line and the rear building setback line as established by the
zoning district designation. (See definitions for Eaves and cornices and Building setback.)
Yard, required side means a required yard extending between a side lot line and the side
building setback line as established by the zoning district designation. (See definitions for
Eaves and cornices, building setback and corner lot.)
Zoning map shall mean the official record of the city depicting the zoning district
classifications on property within the municipal limits of the city.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-18-24-30. Reserved.
ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set forth
within this article and the detailed regulations governing each zoning district. Administrative
Supp. No. 29 1427
§ 24-31 ATLANTIC BEACH CODE
procedures and the responsibilities of the city commission, the community development
director, and the community development board are set forth herein. Procedures for the filing
of applications, for amendments to this chapter, the appeal of decisions on any matter covered
within this chapter and the land development regulations are also included herein.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the following duties and
responsibilities in accordance with this chapter:
(1) To enforce this chapter in accordance with, and consistent with, the adopted Compre-
hensive Plan for the City of Atlantic Beach.
(2) To make amendments to the comprehensive plan, this chapter, the zoning map by a
simple majority vote of the city commission after holding the required public hearing,
and after considering a written recommendation from the community development
board performing its functions as the planning agency.
(3) To approve or deny requests for subdivisions, plats and changes to plats and planned
unit developments (PUDs) in accordance with the requirements of this chapter after
holding required public hearings and after considering a written recommendation from
the community development board.
(4) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of
these land development regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a
practical impossibility. A waiver from these land development regulations may be
approved only upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the general
intent and spirit of these land development regulations. In considering any request for
a waiver from these land development regulations, the city commission may require
conditions as appropriate to ensure that the intent of these land development
regulations is enforced. A waiver shall not modify any requirement or term customarily
considered as a variance or any requirement or term prohibited as a variance, and
shall be considered only in cases where alternative administrative procedures are not
set for the within this Code of Ordinances.
(5) To establish fees to related to the administrative costs of carrying out the requirements
of this chapter.
Supp. No. 29 1428
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-47
(6) To appoint a community development director to administer the provisions of this
chapter, who shall be the city manager or his designee.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-47. Community development director.
The community development director, or designee, shall have the following authorities and
responsibilities:
(1) To accomplish all administrative actions required by this chapter, including proper
notices as specified in this chapter or as otherwise required; the receiving and
processing of appeals; and the acceptance and accounting for fees.
(2) To provide written instructions to applicants related to the required process for
requests as required under this chapter and to assist applicants in understanding the
provisions of this chapter.
(3) To receive and initiate the processing of all applications for changes in zoning district
designations, uses -by -exception and variances.
(4) To maintain all records relating to this chapter and its administration, as may be set
forth in this chapter or otherwise be necessary;
(5) To recommend to the community development board and the city commission,
amendments to this chapter and the zoning map, with a written statement outlining
the need for such changes.
(6) To conduct necessary field inspections required to advise the community development
board and the city commission related to zoning matters.
(7) To review preliminary development plans, applications for certain building permits,
including site and lot plans, to determine whether the proposed construction, alter-
ations, repair or enlargement of a structure is in compliance with the provisions of this
chapter and the comprehensive plan. The building official's signature, stating ap-
proval, shall be required on all development plans before a building permit shall be
issued.
(8) To grant minor dimensional variances, excluding changes to lot area, height and
parking, or minor variances to development design standards as set forth in this
chapter, provided the requested variance is not more than five (5) percent from the
standard or requirement requested to be waived. Such minor variances shall be
granted only one (1) time for any particular requirement on a single property.
(9) To post signs and provide for proper published notice of zoning requests in accordance
with section 24-52, and to forward appropriate agenda information to be considered at
the regular scheduled meetings of the community development board to members at
least seven (7) days prior to the meeting date.
Supp. No. 29 1429
§ 24-47 ATLANTIC BEACH CODE
(10) To recommend for hire such persons as necessary to assist in the fulfillment of the
requirements of the office and delegate to these employees the duties and responsi-
bilities assigned to the community development director as may be necessary to carry
out properly, the functions of the office.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-48. Local planning agency.
The community development board, as established by the city commission, shall serve as
the local planning agency for the city and shall serve the following functions, including those
functions as the local planning agency as set forth in Chapter 163, Florida Statutes, as may be
amended.
(1) To review those matters referred to the community development board and hold
regularly scheduled meetings for the purpose of reviewing such documents.
(2) To review applications for all proposed changes in zoning district designations,
proposed plats, changes to previously approved plats, planned unit developments, and
changes to comprehensive plan future land use designations.
(3) To transmit to the proper governmental bodies, agencies or departments the written
recommendation of the community development board, where the recommendations
are called for by this chapter.
(4) To provide for internal procedures, with the assistance of the community development
director, required to carry out the intent of this chapter. Such procedures shall include
deadlines for filing applications prior to regularly scheduled meetings to allow time for
adequate review and the preparation of a written report and recommendation of each
application.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-49. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under which this board operates, its arrangement of meetings,
adoption of rules and its method of hearing and acting upon appeals, variances or other related
matters shall be in conformity with the provisions of chapter 14 of this Code. It shall be the
responsibility of the community development board:
(1) To hear and decide appeals where it is alleged there is an error in any order,
requirement or administrative decision made by the community development director
in the enforcement of this chapter or other provision of the Code of Ordinances
regulating the use and development of land.
(2) To approve or deny variances in accordance with the provisions of section 24-64.
Applications for a variance shall be considered on a case-by-case basis, and shall be
approved only upon findings of fact that the application is consistent with the
definition of a variance and consistent with the provisions of section 24-64.
Supp. No. 29 1430
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-50
(3) In granting a variance, the community development board may prescribe appropriate
conditions and safeguards in conformance with this section or any ordinance enacted
under its authority. Violation of the conditions and safeguards, when made a part of
the terms under which the variance is granted, shall be deemed a violation of this
chapter, and shall be subject to established code enforcement procedures.
(4) The community development board shall not grant a variance, which would allow a use
that is not permitted use, or a permitted use -by -exception in the applicable zoning
district. In the case of an application for a use -by -exception that is considered
concurrently with an application for a variance, approval of the variance shall be
contingent upon approval of the use -by -exception by the city commission. In the event,
that the use -by -exception is denied by the city commission, any approved variance
shall be rendered null and void.
(5) The community development board shall not approve any variance that would allow a
use that is prohibited by the terms of this chapter or by the comprehensive plan.
(6) The nonconforming use of adjacent or neighboring lands, structures or buildings shall
not be considered as justification for the approval of a variance.
(7) In exercising its powers, the community development board may, in conformance with
the provisions of this chapter, reverse, affirm or modify, in whole or in part, any
previously rendered order, requirement, decision or determination provided such
action is based upon new evidence or where it is determined that a previous decision
was made based upon inaccurate information.
(8) Rulings and decisions of the community development board shall become immediately
effective, unless otherwise ordered by the board.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-50. Appeals.
Appeals of administrative decisions made by the community development director and
appeals of final decisions of the community development board may be made by adversely
affected person(s) in accordance with the following provisions. Appeals shall be heard at public
hearing within a reasonable period of time with proper public notice, as well as due notice to
the interested parties. At the hearing, any party may appear in person, by agent or by attorney.
(1) Appeals of administrative decisions of the community development director. Appeals of
a decision of the community development director may be made to the community
development board by any adversely affected person(s), or any officer, board or
department of the city affected by a decision of the community development director
made under the authority of this chapter. Such appeal shall be filed in writing with the
city clerk within thirty (30) days after rendition of the final order, requirement,
decision or determination being appealed. The community development director shall,
Supp. No. 29 1431
§ 24-50 ATLANTIC BEACH CODE
upon notification of the filing of the appeal, transmit to the community development
board, all the documents, plans, or other materials constituting the record upon which
the action being appealed was derived.
(2) Appeals of decisions of the community development board. Appeals of a decision of the
community development board may be made to the city commission by any adversely
affected person(s), any officer, board or department of the city affected by any decision
of the community development board made under the authority of this chapter. Such
appeal shall be filed in writing with the city clerk within thirty (30) days after
rendition of the final order, requirement, decision or determination being appealed.
The appellant shall present to the city commission a petition, duly verified, setting
forth that the decision being appealed is illegal, in whole or in part, specifying the
grounds of the illegality. The petition shall be presented to the city commission within
thirty (30) days after the filing of the appeal with the city clerk.
(3) Stay of work. An appeal to the community development board or the city commission
shall stay all work on the premises and all proceedings in furtherance of the action
appealed, unless the designated administrative official shall certify to the community
development board that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings or work shall not be stayed
except by a restraining order, which may be granted by the community development
board after application to the officer from whom the appeal is taken and on due cause
shown.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-51. Vested rights.
(n) netprminntion of m'. tpri rights, The determination of vested right shall be based t ton
factual evidence provided to the city. Each vesting determination shall be based on an
individual case-by-case basis. Applications for a determination of vested rights shall be
submitted to the community development director. The applicant shall have the burden of
proof to demonstrate the entitlement to vested rights pursuant to the requirements of Florida
law and shall provide all information as may be required. All vested development subject to a
vested rights determination shall be consistent with the terms of the development approval
upon which the vesting determination was based.
(b) Expiration of vested rights.
(1) Statutory vested rights determinations shall not have a specific expiration date unless
specified in other ordinances, development permits or statutory limitations. Such
vested rights may expire as otherwise allowed or required by applicable law.
(2) Common law vested rights determinations, which have been recognized by the city,
shall remain valid for a period of up to five (5) years from the date the determination
was made unless otherwise specified by the vesting determination, provided that the
city may cancel and negate such vested rights prior to the expiration of said time
period if it can demonstrated that the request for a vested rights determination was
Supp. No. 29 1432
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-52
based on substantially inaccurate information provided by the applicant, or that the
revocation of said vested rights is clearly established to be essential for the health,
safety and welfare of the public.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting determination
may be made to the city commission by filing such appeal with the city clerk within thirty (30)
days of receipt of written notification of the denial. Appeals of vesting determinations shall be
granted only by the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-52. Notice of public hearings.
In addition to the applicable requirements of Section 166.041, Florida Statutes, related to
the notice of public hearings for the adoption of ordinances and resolutions, and amendments
to these land development regulations, the following notice requirements shall be met. The
following shall be considered as minimum notice requirements.
(1) Mailed notice. Not less than fifteen (15) days prior to the public hearing at which any
application for a change in zoning district classification, which has been initiated by
any party other than the city, the owners within three hundred (300) feet of all
boundaries of the property sought to be rezoned shall be notified in writing. For the
purpose of mailed notices to adjoining owners, the names, addresses, and legal
descriptions shall be provided by the applicant and shall be those listed on the most
recent certified tax roll of Duval County.
(2) Published notice. Not less than fifteen (15) days prior to the public hearing at which
final action on any application for a change in zoning district classification, which has
been initiated by any party other than the city, an advertisement including the subject,
date, time and location of the public hearing shall be published once in a local
newspaper of general circulation.
(3) Sign to be posted. Not less than seven (7) days prior to the public hearing at which final
action on any application for a variance, use -by -exception, or change in zoning district
classification or other action requiring notice to the general public, a sign identifying
the application, including date, time and location of the public hearing shall be posted
on the subject parcel. Such sign shall be erected in full view of the public street. Where
the property that is subject of the application does not have frontage on a public street,
the sign shall be erected on the nearest public right-of-way.
(4) Comprehensive plan amendments. Notice of public hearings related to amendments to
the adopted comprehensive plan shall be made in accordance with Section 163.3184(15),
Florida Statutes.
(5) For applications and requests made to the community development board or the city
commission, which are not specifically addressed in this section, but where in the
Supp. No. 29 1433
§ 24-52 ATLANTIC BEACH CODE
determination of the city manager, the subject at issue is of legitimate public concern,
reasonable notice to the public shall be provided in the form as determined appropriate
by the city manager.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-53-24-60. Reserved.
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment and repeal.
(a) The city commission may from time to time amend, supplement or repeal these land
development regulations, the zoning district classifications and boundaries, and the restric-
tions as set forth within this chapter.
(b) Proposed changes and amendments may be recommended by the city commission, the
community development board, a property owner for his own land, or by petition of the owners
of fifty-one (51) percent or more of the area involved in a proposed district boundary change,
or the community development director.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-62. Change in zoning district classification.
The following steps shall be followed to request a change in zoning district and zoning map
classification.
(1) All applications shall be filed with the community development director on the proper
form.
(2) The application submitted shall include the following information.
a. The legal description, including the lot and block numbers, of the property to be
rezoned.
b. The names and addresses of all owners of the subject property.
c. Existing and proposed zoning district classification of the property.
d. A statement of the petitioner's interest in the property to be rezoned, including a
copy of the last recorded warranty deed; and
1. If joint and several ownership, a written consent, to the rezoning petition, by
all owners of record; or
2. If a contract purchase, a copy of the purchase contract and written consent
of the seller/owner; or
3. If an authorized agent, a copy of the agency agreement or written consent of
the principal/owner; or
4. If a corporation or other business entity, the name of the officer or person
responsible for the application and written proof that said representative
Supp. No. 29 1434
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-62
has the delegated authority to represent the corporation or other business
entity, or in lieu thereof, written proof that the person is, in fact, an officer
of the corporation; or
5. If a group of contiguous property owners, the owners of at least fifty (50)
percent of the property described in the petition must provide written
consent.
6. A complete list of all property owners, mailing addresses and legal descrip-
tions for all property within three hundred (300) feet of the subject parcel as
recorded in the latest certified official tax rolls of the county.
7. A statement of special reasons for the rezoning as requested.
8. Payment of the official filing fee as set by the city commission.
9. The signature of each and every owner of the lands sought to be rezoned.
(c) After the community development director has received the request, the request shall be
placed on the agenda of the next meeting of the community development board, provided that
the request is received at least thirty (30) days prior to the meeting. The community
development board shall review each request for rezoning, conduct a public hearing after due
public notice, and make a written recommendation to the city commission. The written report
and recommendation shall:
(1) Show that the community development board has studied and considered the need and
justification for the change.
(2) Indicate the relationship of the proposed rezoning to the comprehensive plan for the
city and provide a finding that the requested change in zoning is consistent with the
comprehensive plan.
(3) Submit such findings and a recommendation in support of or opposition to the
requested rezoning to the city commission not more than sixty (60) days from the date
of public hearing before the community development board.
(d) The city commission shall review the recommendations made by the community
development board and hold a public hearing, with notice as set forth within section 24-52, to
consider the request.
(e) Following the public hearings, the city commission, by ordinance, may change the
zoning district classification of said petitioners, or it may deny the petition. In the case of
denial, the city commission shall thereafter take no further action on another application for
substantially the same proposal, on the same premises, until after three hundred sixty-five
(365) days from the date of the denial.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1435
§ 24-63 ATLANTIC BEACH CODE
Sec. 24-63. Use -by -exception.
The following steps shall be required to request a use -by -exception. A use -by -exception may
be approved only for those uses and activities, which are expressly identified as a possible
use -by -exception within a particular zoning district.
(1) All applications shall be filed with the community development director on the proper
form, and said application shall only be accepted when filed by the owner of the
property or his authorized agent.
(2) The application shall include the following information.
a. A legal description of the property.
b. The names and addresses of the property owners.
c. A description of the use -by -exception desired, which shall specifically and
particularly describe the type, character and extent of the proposed use -by -
exception.
d. The reason for requesting the use -by -exception.
e. The signature of the owner, or the signature of the owner's authorized agent, and
written authorization by the owner for the agent to act on the behalf of the
property owner.
f. Payment of the official filing fee as set by the city commission.
(3) After the community development director has received the request, the request shall
be placed on the agenda of the next available meeting of the community development
board, which shall meet the time limit required by the community development board.
The community development board shall review each request for use -by -exception,
enn(111ct a n»h)ie hearing after rl e p ihl w nntipp and make a written reeommenr�atinn
to the city commission. The written report and recommendation shall state specific
reasons and findings of fact, upon which the recommendation to approve or deny has
been based.
(4) The review of any application for a use -by -exception shall consider each of the
following.
a. Ingress and egress to property and proposed structures thereon with particular
reference to vehicular and pedestrian safety and convenience, traffic flow and
control and access in case of fire or catastrophe.
b. Off-street parking and loading spaces, where required, with particular attention
to the items in (1) above.
c. The potential for any adverse impacts to adjoining properties and properties
generally in the area resulting from excessive noise, glare and lighting, odor,
traffic and similar characteristics of the use -by -exception being requested.
d. Refuse and service areas, with particular reference to items (1) and (2) above.
e. Utilities, with reference to locations, availability and compatibility.
Supp. No. 29 1436
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-63
f. Screening and buffering, with reference to type, dimensions and character.
g. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety,
economic effects and compatibility and harmony with properties in the district.
(See signs and advertising, chapter 17.)
h. Required yards and other open space.
i. General compatibility with adjacent properties and other property in the sur-
rounding zoning district as well as consistency with applicable provisions of the
comprehensive plan.
For those properties within the commercial corridors, consistency with the intent
of section 24-171, commercial corridor development standards.
(5) The city commission shall conduct a public hearing, after required public notice, to
consider the application for use -by -exception and the community development board's
report and recommendation thereon, as well as comments of citizens attending such
hearing and shall deny, approve, or approve with conditions, the application for
use -by -exception.
(6) The city commission may, as a condition to the granting of any use -by -exception,
impose such conditions, restrictions or limitations in the use of the premises, or upon
the use thereof as requested in the application, as the city commission may deem
appropriate and in the best interests of the city, taking into consideration matters of
health, safety and welfare of the citizens, protection of property values and other
considerations material to good land use and planning principles and concepts.
(7) Any use -by -exception granted by the city commission shall permit only the specific use
or uses described in the application as may be limited or restricted by the terms and
provisions of the approval. Any expansion or extension of the use of such premises,
beyond the scope of the terms of the approved use -by -exception, shall be unlawful and
in violation of this chapter and shall render the use -by -exception subject to suspension
or revocation by the city commission.
(8) The city commission may suspend or revoke a use -by -exception permit at any time the
city commission determines that the use has become a public or private nuisance
because of an improper, unauthorized or other unlawful use of the property.
(9) If an application for a use -by -exception is denied, the city commission shall take no
further action on another application for substantially the same use on the same
property for three hundred sixty-five (365) days from the date of said denial.
(10) The nonconforming use of neighboring lands, structures or buildings in the same
zoning district, or the permitted use of lands, structures or buildings in other zoning
districts shall not be considered as justification for the approval of a use -by -exception.
(11) Unless expressly granted by the city commission, the use -by -exception shall be granted
to the applicant only and shall not run with the title to the property.
(Ord. No. 90-03-184, § 2, 12-8-03)
j•
Supp. No. 29 1437
§ 24-64 ATLANTIC BEACH CODE
Sec. 24-64. Variances.
A variance may be sought in accordance with this chapter. Applications for a variance may
be obtained from the community development department. A variance shall not reduce
minimum lot area, minimum lot width or depth; and shall not increase maximum height of
building or impervious surface area as established for the various zoning districts. Further, a
variance shall not modify the permitted uses or any use terms of a property.
(1) Application. A request for a variance shall be submitted on an application form as
provided by the city and shall contain each of the following:
a. A complete legal description of the property for which the variance is requested.
b. A reasonable statement describing the reasons for the variance.
c. A survey or lot diagram indicating setbacks; existing and proposed construction, as
well as other significant features existing on the lot.
d. The signature of the owner, or the signature of the owner's authorized agent. Written
authorization by the owner for the agent to act on the behalf of the property owner
shall be provided with the application.
(2) Public hearing. Upon receipt of a complete and proper application, the community
development director shall within a reasonable period of time schedule the application
for a public hearing before the community development board following required
public notice. At the public hearing, the applicant may appear in person or may be
represented by an authorized agent.
(3) Grounds for denial of a variance. No variance shall be granted if the community
development board, in its discretion, determines that the granting of the requested
variance shall have a materially adverse impact upon one (1) or more of the following.
a. Light and air to adjacent properties.
b. Congestion of streets.
c. Public safety, including risk of fire, flood, crime or other threats to public safety.
d. Established property values.
e. The aesthetic environment of the community.
f. The natural environment of the community, including environmentally sensitive
areas, wildlife habitat, protected trees, or other significant environmental re-
sources.
g.
The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situations created by the property owner.
(4) Grounds for approval of a variance. Avariance may be granted, at the discretion of the
community development board, for the following reasons:
a. Exceptional topographic conditions of or near the property;
Supp. No. 29 1438
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-65
b. Surrounding conditions or circumstances impacting the property disparately
from nearby properties.
c. Exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
d. Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property.
e. Irregular shape of the property warranting special consideration.
f. Substandard size of a lot of record warranting a variance in order to provide for
the reasonable use of the property.
(5) Approval of a variance. To approve an application for a variance, the community
development board shall find that the request is in accordance with the preceding
terms and provisions of this section and that the granting of the variance will be in
harmony with the purpose and intent of this chapter.
(6) Approval of lesser variances. The community development board shall have the
authority to approve a lesser variance than requested if a lesser variance shall be more
appropriately in accord with the terms and provisions of this section and with the
purpose and intent of this chapter.
(7) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or
buildings shall not be grounds for approval of a variance.
(8) Waiting period for re -submittal. If an application for a variance is denied by the
community development board, no further action on another application for substan-
tially the same request on the same property shall be accepted for three hundred
sixty-five (365) days from the date of denial.
(9) Time period to implement variance. Unless otherwise stipulated by the community
development board, the work to be performed pursuant to a variance shall begin
within six (6) months from the date of approval of the variance. The community
development director, upon finding of good cause, may authorize a one-time extension
not to exceed an additional six (6) months, beyond which time the variance shall
become null and void.
(10) Avariance, which involves the development of land, shall be transferable and shall run
with the title to the property unless otherwise stipulated by the community develop-
ment board.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-65. Development, construction and storage within zoning districts.
(a) Temporary construction trailers or structures.
(1) Subject to the following provisions, any person may obtain a building permit for the
construction and/or use of a temporary trailer or structure to be used only as a
construction shed and tool house for contractors and construction workers on the site
Supp. No. 29 1439
§ 24-65 ATLANTIC BEACH CODE
and limited to the time period of construction. This temporary trailer or structure shall
not be placed or erected on the property prior to the issuance of a building permit for
the applicable construction, and shall be immediately removed upon completion of the
construction project or in the absence of a valid, unexpired building permit.
(2) It shall be a violation of this section for any person to use the construction trailer or
structure for sales purposes without first applying to and receiving written permission
from the city commission.
(3) Construction trailers and structures shall not be used for the purpose of living
quarters, and the trailers or structures shall have upon the unit, or attached thereto,
an identification sign designating the owner or company and the words "Construction
Office" in full view.
(b) Temporary storage structures and uses. Enclosed portable structures and accommoda-
tions intended only for temporary storage may be used following registration with the city on
a form provided by the planning and zoning department, payment of the required fee, and
subject to the following provisions.
(1) Within all residential zoning districts, enclosed portable structures and accommoda-
tions intended only for the temporary storage of personal household belongings of
occupants of the property may be placed on the property for a period not to exceed four
(4) days or ninety-six (96) hours. Registration shall be required for each such use of any
temporary storage structures.
(2) In the event of damage to a residential dwelling by fire, storm, flood, or other such
property loss, this period of time may be extended to ten (10) days upon request to and
written approval of the city manager.
(3) Within all non -reside t'a1 zoning districts, enclosed portable structures and acro
modations intended only for storage, may be used for temporary storage of items
related to the business located on the property, for a period not to exceed thirty (30)
days. Such structures shall not be located within required front yards and shall not be
used to store any chemical, hazardous, flammable or combustible materials.
(c) All structures. All temporary and portable storage structures, construction trailers and
the like, shall be constructed, altered, repaired, enlarged, placed, moved or demolished in
accordance with applicable provisions of the Florida Building Code as well as all applicable
federal, state and local regulations applying to the use and development of land. The issuance
of building permits, where required, verifying such compliance shall be administered by the
building official.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-66. Stormwater, drainage, storage and treatment requirements.
(a) Topography and grading. All lots and development sites shall be constructed and graded
in such a manner so that the stormwater drains to the adjacent street, an existing natural
element used to convey stormwater (See section 22-303, definitions: stormwater management
Supp. No. 29 1440
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-66
system), or a city drainage structure after meeting on-site storage requirements, as listed
within this section. The city shall be provided with a pre -construction topographical survey
prior to the issuance of a development permit and a post -construction topographical survey
prior to the issuance of a certificate of occupancy. Said surveys shall be prepared by a licensed
Florida surveyor, and the requirement for either or both surveys may be waived by the director
of public works if determined to be unnecessary.
(b) On-site storage: The applicant shall be required to provide on-site storage, such that
there is no increase in the rate or volume of flow to off-site, from every developed or
redeveloped parcel, and provide documentations and calculations to demonstrate compliance.
Development projects previously permitted by the St. Johns River Water Management District
(SJRWMD), which have an in -compliance retention or detention system that collects and
controls run-off, are exempt. The requirement for on-site storage may be waived by the director
of public works if storage is determined to be unnecessary or unattainable.
Volume calculations for lots that require on-site storage should be based on the difference in
run-off volume generated by the new impervious area ("delta volume") and would be calculated
by:
V = CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet,
R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and
C = run-off coefficient, which is 0.6 for the fifty (50) percent maximum imperviousness, 0.4
for twenty-five (25) percent imperviousness, and 0.2 for zero (0) percent imperviousness.
This delta volume (post V minus per V in cubic feet) must be stored at least one (1) foot
above the wet season water table and below the overflow point to off-site (in many cases this
may be the adjacent road elevation). As an option, and as approved by the director of public
works, the owner of the parcel to be developed or redeveloped may implement, at the
applicant's cost, off-site storage and necessary conveyance to control existing flood stages
off-site.
(c) Flood plain storage: There shall be no net loss of storage for areas in the 100 -year
floodplain, where a floodplain elevation has been defined by either the Federal Emergency
Management Agency (FEMA) on Flood Insurance Rate Maps (FIRMs), the 1995 Stormwater
Master Plan, the Core City project, or the 2002 Stormwater Master Plan Update (e.g., Hopkins
Creek). Site grading shall create storage on-site to mitigate for filling of volume on-site. This
storage is in addition to the storage required for the increase in impervious surface area.
(d) Stormwater treatment: Stormwater treatment shall be provided for a volume equivalent
to either retention or detention with filtration, of the run-off from the first one (1) inch of
rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres,
the first one-half (1/2) inch of run-off pursuant to Chapter 62-25, Florida Administrative Code
(FAC). No discharge from any stormwater facility shall cause or contribute to a violation of
Supp. No. 29 1441
§ 24-66 ATLANTIC BEACH CODE
water quality standards as provided in Section 62.302 of the Florida Administrative Code. This
treatment volume can be included as part of the on-site storage requirement in subsection (b)
of this section.
(e) NPDES requirements: All construction activities shall be in conformance with the city's
national pollutant discharge elimination systems (NPDES) permit, in addition to the require-
ments of the water management district and the Florida Department of Environmental
Protection. NPDES requirements include use of best management practices (BMPs) prior to
discharge into natural or artificial drainage systems. Beginning May 1, 2003, all construction
projects of one (1) acre or more will require a NPDES permit.
(f) Enforcement: Subsequent to approval of a property owner's final grading, including
on-site and/or flood plain storage and stormwater treatment, the improvements shall be
maintained by the property owner. Failure to maintain the improvements will require
restoration upon notification by the director of public works, within a stipulated time frame.
If restoration is not timely completed, the city shall have the right to complete the restoration,
and the city's actual cost incurred, together with a charge of one hundred (100) percent of said
costs to cover the city's administrative expenses, shall be charged to the owner.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-67. Development review and issuance of development permits.
(a) Purpose. The purpose of this section shall be to establish procedures for the submittal,
review and approval of construction plans, and the issuance of development permits.
(b) Procedures. Plans prepared according to the requirements set forth within this section
shall be submitted to the building department for distribution, review and comment from
appropriate departments cfthe city. P1a may bo denied if he. not intent the
"`Nx' y�a�.�,.! .;..,xrc city. Plans xsu ueni.0 they do meet the or t,xx�i
requirements of this section and this chapter or the Florida Building Code.
(c) Site plan required. A site plan, drawn at a clear and legible scale, shall be required for
all new development, other than interior renovations, in accordance with the following
provisions:
(1) Single-family, two-family (duplex) or townhouse and structural alterations or additions
thereto, including swimming pools and accessory structures. A certified survey and site
plan accompanied by the required application form and review fee as established by
the city commission shall be submitted to the building department. Each of the
following items shall be addressed.
a. All driveways and parking.
b. All existing and proposed structures.
c. Setbacks, any platted building restriction lines and height of buildings.
d. Any jurisdictional wetlands or coastal construction control line, water bodies, any
required buffers or significant environmental features.
Supp. No. 29 1442
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-67
e. A pre -construction topographical survey, pursuant to section 24-66, unless
waived in accordance with the provisions therein.
(2) Multi -family, commercial and industrial uses and structural alterations or additions
thereto. A certified survey and preliminary site plan accompanied by the required
application form and review fee as established by the city commission shall be
submitted to the building department. The site plan shall depict the entire tract
proposed for development and shall be drawn at a scale sufficient to depict all required
information in a clear and legible manner. Each of the following items shall be
addressed:
a. Project boundary with bearings and distances.
b. Legal description, including property size.
c. Location of all structures, temporary and permanent, including setbacks, build-
ing height, number of stories and square footage. (Identify any existing struc-
tures and uses.)
d. Project layout, including roadways, any easements, parking areas, driveway
connections, sidewalks, vehicular and pedestrian circulation.
e. Existing driveways and roadways within 300 feet of project boundary
f. Existing and proposed right-of-way improvements.
7. Conceptual stormwater management plan addressing drainage patterns, retention/
detention areas, provisions for utilities, including a pre -construction topograph-
ical survey, pursuant to section 24-66(a), unless waived in accordance with the
provisions therein.
8. Environmental features, including any jurisdictional wetlands, CCCL, natural
water bodies, open space, buffers and vegetation preservation areas.
9. General notes shall include: total project area; impervious surface area; building
square footage separated by type of use(s) if applicable; parking calculations;
project phasing; zoning district classification and any conditions or restrictions.
10. Other information as may be appropriate for the purposes of preliminary review.
(d) Approval of site plans. Upon approval of the preliminary site plan, an application for a
development permit may be submitted to the building department for distribution and review
by the appropriate city departments. The application shall be accompanied by all required
information including construction plans that demonstrate compliance with all applicable
federal, state and local land development regulations and permitting requirements. Upon
approval of construction plans by reviewing departments and payment of required fees,
development permits may be issued, and construction plans shall be released for construction.
(e) Expiration of approved construction plans. Approved construction plans shall be claimed
within ninety (90) days of notice of approval, or said plans shall be considered to have expired.
Upon expiration, a new submittal and review with applicable fees shall be required.
Supp. No. 29 1443
§ 24-67 ATLANTIC BEACH CODE
(f) Expiration of development permits. Development permits shall expire on the six (6)
month anniversary of the date such permits were issued unless development has commenced
and continued in good faith.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-68. Land clearing.
No lands shall be cleared or grubbed, and no vegetation on any development site disturbed,
prior to issuance of all required approvals and development permits authorizing such clearing.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-69. Fees.
Pursuant to section 24-46(5), the city commission hereby establishes the following fees
related to the administrative costs of carrying out the requirements of this chapter. These fees
shall be payable to the city at the time such application or request is filed. Applications for
planning and zoning related requests shall not be considered as complete applications until
such time as required fees have been paid in full.
(1) Appeals $50.00
(2) Determinations of vested rights 50.00
(3) Change in zoning district classification 500.00
(4) Use -by -exception 250.00
(5) Variance 150.00
(6) Development review
Sin pip and two-family nCPC C0.00
b. Multi -family uses, per dwelling unit 100.00
c. Commercial and industrial uses 300.00
d. Public and institutional uses 300.00
e. Landscape plan 100.00
(7) Subdivision.
a. Application for waiver 250.00
b. Application for re -plat 250.00
c. Concept plan review 150.00
d. Preliminary plat review 250.00
e. Final plat approval (plus recording fees) 100.00
(8) Comprehensive plan amendment
a. Less than ten (10) acres 250.00
b. Greater than ten (10) acres 250.00
Supp. No. 29 1444
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-82
(9) Zoning, subdivision and land development regulations 15.00
(10) Comprehensive plan document 15.00
(11) Zoning and comprehensive plan maps (each) 5.00
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-70-24-80. Reserved.
DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. Rules for determining boundaries.
Where uncertainty exists with respect to the boundaries of any of the zoning districts, as
shown on the official zoning map, the following rules shall apply:
(1) Unless otherwise indicated, the zoning district boundaries are indicated as approxi-
mately following lot lines; center lines of streets, highways or alleys; shorelines of
streams, reservoirs or other bodies of water; or civil boundaries; and they shall be
construed to follow such lines.
(2) Where zoning district boundaries are approximately parallel to the center -lines of
streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines
extended, the zoning district boundaries shall be construed as being parallel thereto
and at such distance therefrom as indicated on the zoning map. If no distance is given,
the dimensions shall be determined by the scale shown on the zoning map.
(3) Where a zoning district boundary line as appearing on the zoning map divides a lot,
which is in single ownership, the zoning district classification of the larger portion may
be extended to the remainder of the property subject to consistency with the
comprehensive plan.
(4) Where a public road, street or alley is officially vacated or abandoned, the regulations
applicable to the property to which it has reverted shall apply to the vacated or
abandoned road, street or alley.
(5) In the case where the exact location of a boundary cannot be determined by the
foregoing methods, the community development board shall, upon request of the
community development director, determine the location of the boundary.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-82. General restrictions upon land, buildings and structures.
(a) Use. No building or structure shall be placed or erected, and no existing building shall
be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be
used, designed or intended to be used for any purpose or in any manner other than a use
designated in this chapter, as allowed in the zoning district in which such land, building,
structure or premises are located. Further, no land shall be used except in compliance with the
comprehensive plan.
Supp. No. 29 1445
§ 24-82 ATLANTIC BEACH CODE
(b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total
number of buildings on any lot zoned only for single-family or two-family (duplex) use shall not
exceed three (3) including the principal use structure, detached garages and any other
detached building.
(c) Height. No structures or building shall be erected, and no existing building shall be
moved, reconditioned or structurally altered so as to exceed the height limit specified in this
chapter for the zoning district in which such building or structure is located. However, on
nonconforming lots of record, the height of buildings shall be restricted to a percentage of the
area of the such lot compared to the minimum requirements of the zoning district and applying
the same to the maximum height of building allowed in said zoning district. (For example, if
the minimum lot area is 5,000 square foot, and the size of the nonconforming lot is 2,500
square feet, a percentage of fifty (50) percent would be applied to the 35 -foot height
restrictions, resulting in an allowable height of building of seventeen and one-half (17.5) feet.
(d) Percentage of lot occupancy. No building or structure shall be erected, and no existing
building or structure shall be moved, altered, enlarged or rebuilt, or shall any open space
surrounding any building or structure be encroached upon or reduced in any manner, except
in conformity with the building site requirements, the area and parking and required yard
regulations established by this chapter for the zoning district in which such structure is
located.
(e) Density. No structure or property shall be developed or used so as to provide a greater
density than is allowed under the terms of the comprehensive plan or the limitations for the
zoning district in which such structure is located.
(f) Open space use limitation. No yard or other required open space on a lot shall be
considered as providing a required yard or open space for other structure on an adjacont
,.-_,....- _.� L' .r ,�,,._ iy v.. _,. .�.... .�.... yard open space any an ��3.x,.�t.ixu
lot.
(g) Required lot and occupancy. Structures shall be located on a lot of record, and there shall
be no more than one (1) principal use structure on a single lot, unless otherwise provided by
the provisions of this chapter. Every building or structure hereafter erected shall be located on
a lot as defined herein; and in no case shall there be more than one (1) principal building on
one (1) lot, except as otherwise provided in this article.
(h) Duplicates or externally similar dwellings. Construction of single-family or two-family
dwellings that are duplicates of another single-family or two-family dwellings within a
distance of five hundred (500) feet shall be prohibited. This provision shall apply to external
features only and shall not apply to two-family dwellings, townhouses or condominiums when
constructed as part of single development project with a unified design theme. In determining
compliance with this provision, a minimum of five (5) of the following characteristics shall be
substantially different.
(1) Roof design and roof color.
(2) Exterior finish materials, excluding paint color.
Supp. No. 29 1446
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-82
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle shall be used as a residence, temporarily or permanently, nor
shall any such residence of temporary character be permitted in any zoning district.
(j) Minimum floor area for residential dwelling units:
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground
floor and not less than a total of one thousand (1,000) square feet of enclosed living
area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of
enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred
eighty (480) square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from
other living areas, five hundred seventy-five (575) square feet of enclosed living
area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned
from the living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned
from other living areas, eight hundred forty (840) square feet of enclosed living
area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned
from other living areas, nine hundred ninety (990) square feet of enclosed living
area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living
per additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable space
is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean
sea level. Flood protection provisions shall be approved by the designated administrative
official to ensure that grade changes will not alter the natural drainage or adversely affect
other areas downstream through added runoff or adverse impacts to water quality.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1447
§ 24-83 ATLANTIC BEACH CODE
Sec. 24-83. Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a required yard
shall be open and unobstructed from the finished grade to the sky, except for structures that
do not exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and open
balconies and porches may project a distance not to exceed forty-eight (48) inches into required
front and rear yards. Such balconies and porches may be covered, but shall not be enclosed in
any manner, except that balconies and porches within rear yards may be enclosed with
screening only. Eaves and cornices only may project into required side yards, but not beyond
twenty-four (24) inches, or forty (40) percent of the established required side yard setback,
whichever distance is less.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps,
compressors, or similar equipment that makes excessive noise, shall not be located closer than
five (5) feet from any lot line.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided
on each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean -front lots on Beach Avenue. For these double frontage lots
having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic
Ocean, and the required front yard shall be measured from the lot line parallel to or nearest
the ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the
yard which faces Ocean Boulevard.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-85. Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and uses of
land that were lawful prior to the adoption of these land development regulations. Such lots,
uses and structures would be prohibited, restricted or regulated through the provisions of this
chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal
rights entitled to property owners of existing nonconforming lots, uses and structures, and to
permit such nonconformities to continue in accordance with such rights, but not to otherwise
encourage their continued survival. Furthermore, the presence of any nonconforming charac-
teristic shall not be considered as justification for the granting of variances, and any
nonconforming structure or use, which is made conforming shall not be permitted to revert to
any nonconforming structure or use.
Supp. No. 29 1448
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-85
(b) Nonconforming lots of record.
(1) Where a lot or parcel of land has a lot area or frontage that does not conform with the
requirements of the zoning district in which it is located, but was a legally established
and documented lot of record prior to the adoption of this Code or previous codes and
applicable City of Atlantic Beach ordinances, such lot or parcel of land may be used for
one (1) single-family dwelling in any residential zoning district, provided the minimum
yard requirements for that residential zoning district are maintained, or provided that
the owner of said lot has obtained a variance from the community development board,
in accordance with the requirements of section 24-64 of this chapter.
(2) In any residential zoning district, on a legally established and documented noncon-
forming lot of record that existed prior to the initial effective date of these land
development regulations, a structure may be expanded or enlarged provided such
expansion or enlargement complies with other provisions of this chapter, including
yard requirements or with the terms of a valid variance.
(3) After the initial effective date of these land development regulations, no single-family,
townhouse, two-family (duplex) or multi -family structure shall be allowed on a
single-family residential lot or a combination of such lots unless the total lot area
proposed for development complies with the regulations as set forth within this
chapter and with the density limitations as set forth within the comprehensive plan,
unless otherwise exempted in preceding paragraph (1) or in accordance with a valid
unexpired vesting determination.
(4) After the initial effective date of these land development regulations, no lot or parcel
in any zoning district shall be divided to create a lot with area or width below the
requirements of this chapter and the comprehensive plan.
(c) Nonconforming structures.
(1) No nonconforming structure shall be expanded or enlarged unless such expansion or
enlargement complies with other provisions of this chapter, including yard require-
ments, or unless a variance has been obtained from the community development
board, in accordance with the requirements of section 24-64 of this chapter.
(2) In the event that more than fifty (50) percent of the value of a nonconforming structure
is destroyed or damaged by any means, the structure shall not be reconstructed except
in compliance with the provisions of this chapter, or alternatively, in compliance with
the terms of a variance granted by the community development board in accordance
with the requirements of section 24-64 of this chapter. In determining the value of a
nonconforming structure, either the assessed value or the appraised value may be
considered, subject to approval of the building official.
(3) Any nonconforming structure, or portion thereof, that is declared unsafe may be
restored to a safe condition. Building permits shall be required.
Supp. No. 29 1449
§ 24-85 ATLANTIC BEACH CODE
(4) A nonconforming structure may be maintained, and repairs and alterations may be
made, except that no structural alterations shall be made except those as required by
law. Repairs, such as plumbing or changing of partitions or other non-structural
alterations, are permitted. Building permits shall be required.
(5) No additional structure not conforming to the requirements of this chapter shall be
constructed in connection with the nonconforming use of land.
(6) Any existing nonconforming structure that is encroaching into public right-of-way
shall not be rebuilt, enlarged, or structurally altered unless such encroachment is
removed.
(d) Nonconforming uses.
(1) Continuation of nonconforming uses. Uses of land which were lawfully created at the
time such uses were established, but which would not be permitted by the restrictions
imposed by these land development regulations or by restrictions imposed by the
comprehensive plan, may be continued so long as they remain otherwise lawful and in
compliance with the provisions of this section.
(2) Relocation or expansion of nonconforming uses. A nonconforming use shall not be
moved in whole or in part to any other portion of the lot or parcel on which such
nonconforming use is located, nor shall a nonconforming use be expanded or enlarged.
(3) Discontinuance of nonconforming uses. In the event that a nonconforming use of land
is discontinued or abandoned for a period of six (6) months or longer, any subsequent
use of such land shall conform to the applicable zoning district regulations as set forth
within this chapter as well as applicable provisions of the comprehensive plan.
(4) In the event that more than fifty (50) percent of the value of a nonconforming
structure, which is occupied by a nonconforming use, is destroyed, the structure shall
not be reoccupied by any nonconforming use and shall be reconstructed only in
compliance with the provisions of this chapter. In determining the value of a
nonconforming structure, either the assessed value or the appraised value may be
considered, subject to approval of the building official.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-86. Special treatment of lawfully existing residential uses affected by future
amendments to the official zoning map or amendments to the land
development regulations.
(a) Changes to the official zoning map. In the case where a change in zoning district
classification is made to the official zoning map, any lawfully existing two-family (duplex)
dwelling or townhouse, and any related accessory use, which has been constructed pursuant
to properly issued building permits, shall be deemed a vested development, and any two-family
(duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful
permitted use within the lot containing the vested development. Furthermore, an existing
two-family (duplex) dwelling or townhouse and any related accessory use shall, for that
Supp. No. 29 1450
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-87
particular use and structure(s), not be considered as a nonconforming use or structure such
that it may be fully replaceable in its existing footprint. Any construction that exceeds the
existing footprint shall be in compliance with all applicable provisions of this chapter including
minimum yard requirements.
(b) Amendments to the land development regulations. Any lawfully existing two-family
(duplex) dwelling or townhouse, and any related accessory use, which has been constructed
pursuant to properly issued building permits prior to the initial effective date of these land
development regulations, shall be deemed a vested development, and any two-family (duplex)
dwelling or townhouse, and any related accessory use shall be considered a lawful permitted
use within the lot containing the vested development. Furthermore, an existing two-family
(duplex) dwelling or townhouse, and related accessory use shall, for that particular use and
structure(s), not be considered as a nonconforming use or structure such that it may be fully
replaceable in its existing footprint. Any construction that exceeds the existing footprint shall
be in compliance with all applicable provisions of this chapter including minimum yard
requirements.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-87. Design and construction standards for two-family (duplex) dwellings
and townhouse units.
(a) Development of two-family (duplex) dwellings and townhouse units, occurring after the
initial effective date of these land development regulations, shall be allowed only where lot
area is in compliance with the density limitations as set forth within the comprehensive plan,
unless otherwise determined to be a vested development in accordance with the terms of this
chapter. Within areas designated by the comprehensive plan for high density residential
development, a minimum lot area of two thousand, one hundred seventy-five (2,175) square
feet shall be required for each dwelling unit. For areas designated as medium density, a
minimum lot area of three thousand one hundred (3,100) square feet for each dwelling unit
shall be required, and within areas designated by the comprehensive plan as low density, a
minimum lot area of seven thousand, two hundred fifty (7,250) square feet for each dwelling
unit shall be required.
(b) Two-family and townhouse dwelling units shall be separated by a firewall which shall
meet the Florida Building Code firewall separation requirements for multi -family construc-
tion.
(c) Dwelling units separated by an open and uncovered breezeway, elevated open walkway,
or similar type connection, shall not be considered as two-family dwellings or townhouses, and
shall be required to meet regulations applicable to single-family dwellings. Dwelling units
attached by any type of solid, continuous or connected roof, however, shall be considered as a
two-family dwelling or a townhouse and shall be permitted only within those zoning districts
where two-family dwellings and townhouses are permitted and in accordance with applicable
density limitations.
Supp. No. 29 1451
§ 24-87 ATLANTIC BEACH CODE
(d) Adjoining two-family or townhouse dwellings units shall be constructed of substantially
the same architectural style, colors and materials.
(e) Adjoining two-family or townhouse dwellings units shall be constructed at substantially
the same time or in a continuous sequence unless an existing structure is being renovated
within the same building footprint.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-88. Garage apartments (as allowed in combination with private garages).
In any residential zoning district, where a lot has a width of fifty (50) feet or more and
extends from street to street (or street to ocean front in the case of ocean -front lots), a single
garage apartment in combination with a private garage may be constructed on such double
frontage lots (see section 24-84) subject to the following provisions.
(1) The structure containing the private garage and the garage apartment shall not
exceed twenty-five (25) feet in height.
(2) The total floor area of the structure containing the private garage and the garage
apartment shall not exceed seventy-five (75) percent of the heated and cooled area of
the principal dwelling.
(3) There shall be not less than twenty (20) feet between the principal dwelling and the
structure containing the private garage and the garage apartment.
(4) The use restrictions and the minimum yard requirements that apply to the principal
dwelling shall also apply to the structure containing the private garage and the garage
apartment.
(5) A garage apartment shall not be leased or rented for less than ninety (90) consecutive
days.
(6) A structure containing a private garage and a garage apartment shall remain in joint
ownership with the principal dwelling and shall not be subdivided from the lot on
which the principal structure is located.
(7) Any existing structure containing a private garage and garage apartment that is
encroaching into the public right-of-way shall not be rebuilt, enlarged, remodeled or
structurally altered unless such encroachment is removed from the right-of-way. A
private garage and garage apartment, which does not encroach into the street
right-of-way, may be rebuilt, remodeled or structurally altered within the existing
footprint, or in compliance with applicable minimum yard requirements, provided that
the maximum height of building shall not be exceeded and subject to applicable
permitting requirements.
(8) Development of garage apartments occurring after the initial effective date of these
land development regulations shall be consistent with the density limitations as set
forth within the adopted comprehensive plan, as may be amended.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1452
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-102
Secs. 24-89-24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and purpose.
The City of Atlantic Beach shall be divided by these land development regulations into
zoning districts, as listed and described below. These divisions and the requirements set forth
herein shall have the purpose of implementing the goals, objectives and policies of the
comprehensive plan. The following is established in this division:
(1) The intent of each zoning district.
(2) General requirements for each zoning district, including:
a. Permitted uses.
b. Uses -by -exception.
c. Minimum lot size.
d. Minimum yard requirements.
e. Building restrictions.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-102. Zoning districts established.
The corporate area of the City of Atlantic Beach is hereby divided into zoning districts as
follows.
Zoning District Classification Abbreviation
Conservation CON
Residential, Single-family RS -1
Residential, Single-family RS -2
Residential General, Two-family RG -1
Residential General, Two-family RG- 1A
Residential General, Multi -family RG -2
Residential General, Multi -family RG -3
Residential Mobile Home RMH
Commercial, Professional and Office CPO
Commercial, Limited CL
Commercial, General CG
Industrial, Light and Warehousing ILW
Special Purpose SP
Central Business District CBD
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1453
§ 24-103 ATLANTIC BEACH CODE
Sec. 24-103. Conservation districts (CON).
(a) Intent. The conservation districts are generally composed of open land, water, marsh
and wetland areas, either publicly or privately owned, which may include environmentally
sensitive areas and other lands having environmentally sensitive qualities. It is intended that
the natural and open character of these districts be retained and that adverse impacts to
environmentally sensitive areas, which may result from development, be minimized. To
achieve this intent, uses allowed within the conservation districts shall be limited to certain
conservation, recreation, forestry, and similar very low intensity uses that are not in conflict
with the intent of these districts, the comprehensive plan or any other applicable federal, state
and local policies and permitting requirements.
(b) Permitted uses. There are no uses permitted by right in the conservation zoning
districts. All uses within the conservation districts must be approved as a use -by -exception in
accordance with the provisions of section 24-63.
(c) Uses -by -exception. Within the conservation districts, the following uses may be permit-
ted as a use -by -exception. Applications for a use -by -exception in the conservation districts
shall identify any existing natural resources and environmentally sensitive areas and how
impacts to such resources shall be avoided or minimized.
(1) Cemeteries.
(2) Agriculture, horticulture and forestry, excluding the keeping and raising of farm
animals and poultry.
(3) Game preserves, nature preserves; wildlife management areas, watersheds, water
reservoirs.
(4) Parks, and other similar passive recreational uses.
(5) Municipal government buildings and facilities.
(6) Single-family residential at a maximum density of one (1) dwelling unit per acre.
(d) Minimum lot size. There is no established minimum lot area, width or depth require-
ment for the conservation districts. Appropriate lot and site requirements shall be established
during the consideration of any proposed use -by -exception.
(e) Minimum yard requirements. Subject to approval of development approved pursuant to
a use -by -exception, the minimum yard requirements in the conservation district shall be as
follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
Supp. No. 29 1454
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-104
(f) Buffers required from wetlands. An undisturbed buffer, which is a minimum width of
twenty-five (25) feet, shall be maintained between development and delineated wetlands. In
cases where the minimum twenty-five (25) foot undisturbed buffer is demonstrated to be
unreasonable or impractical, an averaged twenty-five (25) foot undisturbed buffer may be
provided.
(g) Building restrictions. Subject to development authorized pursuant to a use -by -
exception, building restrictions in the conservation districts shall be as follows.
(1) Maximum impervious surface: Twenty-five (25) percent.
(2) Maximum building height: Twenty-five (25) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-104. Residential, single-family districts. (RS -1)
(a) Intent. The RS -1 zoning districts are intended for development of low density single-
family residential areas. All development of land and parcels within the RS -1 zoning districts
shall comply with the residential density limitations as set forth within the adopted
comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -1 zoning districts shall be as follows.
(1) Single-family dwellings.
(2) Accessory uses. (See Section 24-151.)
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -1 zoning districts, the following uses -by -exception may
be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RS -1 zoning districts, which are
created after the initial effective date of these land development regulations, shall be as
follows.
(1) Lot or site area: Seven thousand, five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
Existing legally established lots of record may exist, which do not meet the above require-
ments. These lots may be developed subject to all applicable land development regulations;
Supp. No. 29 1455
§ 24-104 ATLANTIC BEACH CODE
however, all lots created after January 01, 2002 must comply with the minimum lot size
requirements in order to obtain building permits authorizing development. (See sections
24-188 and 24-189.)
(e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Building restrictions within the RS -1 zoning districts shall be as
follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-105. Residential, single-family districts (RS -2).
(a) Intent. The RS -2 zoning districts are intended to apply to predominately developed
areas of single-family dwellings with platted lots that are smaller than those in the RS -1
zoning district. All development of land and parcels within the RS -2 zoning districts shall
comply with the residential density limitations as set forth within the adopted comprehensive
plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -2 zoning districts shall be as follows.
(11 Single-family dwPlings.
(2) Accessory uses. (See section 24-151.)
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -2 zoning districts, the following uses -by -exception may
be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RS -2 zoning districts, which are
created after the initial effective date of these land development regulations, shall be as
follows.
(1) Lot or site area: Seven thousand, five hundred (7,500) square feet.
Supp. No. 29 1456
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-106
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
Existing legally established lots of record may exist, which do not meet the above require-
ments. These lots may be developed subject to all applicable land development regulations;
however, all lots created after January 01, 2002 must comply with the minimum lot size
requirements in order to obtain building permits authorizing development. (See section 24-188
and section 24-189.)
(e) Minimum yard requirements. The minimum yard requirements with the RS -2 zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. In
the case of an existing nonconforming structure that does not comply with required
side yards, any new development shall provide for a combined total side yard of fifteen
(15) total feet. For example, where an existing structure is located three (3) feet from
the side lot line, new development on the opposite side yard shall provide a minimum
required side yard of twelve (12) feet, thereby providing for a combined total side yard
of fifteen (15) feet.
(f) Building restrictions. The building restrictions within the RS -2 zoning districts shall be
as follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-106. Residential general, two-family districts (RG -1 and RG -1A).
(a) Intent. The RG -1 and RG -1A zoning districts are intended for development of low and
medium density single-family and two-family residential areas. All development of land and
parcels within the RG -1 and RG -1A zoning districts shall comply with the residential density
limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach,
as may be amended.
(b) Permitted uses. The uses permitted within the RG -1 and RG -1A zoning districts shall be
as follows.
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings.
(3) Accessory uses as set forth in section 24-151.
(4) Townhouses, subject to compliance with article IV, subdivision regulations and section
24-87.
Supp. No. 29 1457
§ 24-106 ATLANTIC BEACH CODE
(5) Government uses, buildings and facilities.
(6) Family day care homes and group care homes.
(c) Uses -by -exception. The following uses may be approved as a use -by -exception within the
RG -1 and RG -1A zoning districts.
(1) Child care centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(4) Schools and community centers.
(5) Horne occupations subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RG -1 and RG -1A zoning
districts, which are created after the initial effective date of these land development
regulations, shall be as follows.
(1) Lot size in the RG -1 and RG -1A zoning districts:
a. Single-family dwellings: Five thousand (5,000) square feet.
b. Two-family (duplex) dwelling or townhouse:
Lands designated as low density by the future land use map: Fourteen thousand,
five hundred (14,500) square feet
Lands designated as medium density by the future land use map: Six thousand,
two hundred (6,200) square feet
Lands designated as high density by the future land use map: Five thousand
(5,000) square feet
(2) Lot width in the RG -1 zoning districts:
a. Single-family dwellings: Fifty (50) feet.
b. Two-family dwelling or townhouse: Fifty (50) feet.
(3) Lot width in the RG -1A zoning districts:
a. Single-family dwellings: Fifty (50) feet.
b. Two-family dwelling or townhouse: Seventy-five (75) feet.
(4) Lot depth in the RG -1 and the RG -1A zoning districts: One hundred (100) feet.
Existing legally established lots of record may exist, which do not meet the above require-
ments. These lots may be developed subject to all applicable land development regulations;
however, all lots created after January 01, 2002 must comply with the minimum lot size
requirements in order to obtain building permits authorizing development. (See section 24-188
and section 24-189.)
Supp. No. 29
1458
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-107
(e) Minimum yard requirements. The minimum yard requirement within the RG -1 and the
RG -1A zoning districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. In
the case of an existing nonconforming structure that does not comply with required
side yards, any new development shall provide for a combined total side yard of fifteen
(15) total feet. For example, where an existing structure is located three (3) feet from
the side lot line, new development on the opposite side yard shall provide a minimum
required side yard of twelve (12) feet, thereby providing for a combined total side yard
of fifteen (15) feet.
(f) Building restrictions. The building restrictions for the RG -1 and the RG -1A zoning
districts shall be as follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-107. Residential general, multi -family (RG -2 and RG -3).
(a) Intent. The RG -2 and RG -3 zoning districts are intended for development of medium to
high density multi -family residential areas. All development of land and parcels within the
RG -2 and RG -3 zoning districts shall comply with the residential density limitations as set
forth within the adopted comprehensive plan for the city, as may be amended.
(b) Permitted uses. The uses permitted in RG -2 and RG -3 zoning districts shall be as
follows.
(1) Single-family dwellings.
(2) Two-family (duplex) dwellings.
(3) Townhouses, subject to compliance with article IV, subdivision regulations and section
24-87.
(4) Multi -family dwellings, subject to the density limitations as set forth in the compre-
hensive plan.
(5) Accessory uses as set forth in section 24-151.
(6) Government buildings and facilities.
(7) Family day care homes and group care homes.
(c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses may be
approved as a use -by -exception within the RG -2 and RG -3 zoning districts.
(1) Churches.
Supp. No. 29 1459
§ 24-107 ATLANTIC BEACH CODE
(2) Public and private recreation facilities not of a commercial nature and of a neighbor-
hood scale intended to serve the surrounding residential neighborhood.
(3) Child care centers.
(4) Schools and community centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RG -2 and RG -3 zoning districts
which are created after the initial effective date of these land development regulations, shall
be as follows.
(1) Lot or site area:
a. Single-family dwellings: Five thousand (5,000) square feet.
b. Two-family dwellings or townhouse:
Lands designated as low density by the future land use map: Fourteen thousand,
five hundred (14,500) square feet
Lands designated as medium density by the future land use map: Six thousand,
two hundred (6,200) square feet
Lands designated as high density by the future land use map: Five thousand
(5,000) square feet
c. Multi -family dwellings: Minimum five thousand (5,000) square feet, with maxi-
mum number of dwelling units determined by the density limitations as set forth
in the comprehensive plan.
(2) Lot width in, the RG -2 and RG -3 zoning distrets•
a. Single-family dwellings: Fifty (50) feet.
b. Two-family dwelling or townhouse: Fifty (50) feet.
c. Multi -family dwellings: Seventy-five (75) feet
(3) Lot depth in the RG -2 and RG -3 zoning districts: One hundred (100) feet:
Existing legally established lots of record may exist, which do not meet the above require-
ments. These lots may be developed subject to all applicable land development regulations;
however, all lots created after January 01, 2002 must comply with the minimum lot size
requirements in order to obtain building permits authorizing development. (See sections
24-188 and 24-189.)
(e) Minimum yard requirements. The minimum yard requirements in the RG -2 and RG -3
zoning districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
Supp. No. 29
1460
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-108
(3) Side yard:
a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum
feet on either side. In the case of an existing nonconforming structure that does
not comply with required side yards, any new development shall provide for a
combined total side yard of fifteen (15) total feet. For example, where an existing
structure is located three (3) feet from the side lot line, new development on the
opposite side yard shall provide a minimum required side yard of twelve (12) feet,
thereby providing for a combined total side yard of fifteen (15) feet.
b. Two-family (duplex) dwellings and townhouses. Seven and one-half (7.5) each
side.
c. Multi -family dwellings: Fifteen (15) feet each side.
(f) Building restrictions. The building restrictions for the RG -2 and RG -3 zoning districts
shall be as follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-108. Residential mobile home districts (RMH).
(a) Intent. The RMH zoning districts are intended for development of lots for mobile homes
in mobile home subdivisions or mobile home parks. These zoning districts are not intended for
permanent single-family dwellings. All development of land and parcels within the RMH
zoning districts shall comply with the residential density limitations as set forth within the
adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RMH zoning districts are mobile home
parks or mobile home subdivisions.
(c) Uses -by -exception. Within the RMH zoning districts, the following uses may be approved
as a use -by -exception.
(1) Service and recreational facilities intended to serve the requirements of the residents
of a mobile home park having a minimum of seventy-five (75) lots or spaces.
(2) Government uses, buildings and facilities.
(d) Minimum lot size. The minimum size for lots within the RMH zoning districts shall be
as follows.
(1) Lot or site area: Mobile home parks—Four thousand (4,000) square feet.
Mobile home subdivisions—Minimum site area of five (5) acres.
(2) Lot width: Forty (40) feet.
(3) Lot depth: One hundred (100) feet.
Supp. No. 29 1461
§ 24-108 ATLANTIC BEACH CODE
(e) Minimum yard requirements. The minimum yard requirements in the RMH zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (71/2) feet.
(f) Building restrictions. The building restrictions within the RMH zoning districts shall be
as follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Twenty (20) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-109. Commercial, professional and office (CPO).
(a) Intent. The CPO zoning districts are intended for small, neighborhood scale businesses
and professional offices with design standards, which may make such uses compatible to
residential zoning districts.
(b) Permitted uses. The uses permitted within the CPO zoning districts shall be as follows.
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed
massage therapist offices.
(2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor,
optometrist and similar uses.
�) Bus nesa f'f'ices such as real r state broker, ,nsu .ranee agent, stockbroker andsimilar
<., e _naa„�.,..,�, G�-..��. .., dw�vb� .�.� ...:. ......... � > ,
uses.
(4) Single-family dwelling units.
(5) Child care centers, in accordance with section 24-152.
(c) Limitations. All uses within the CPO zoning districts shall be subject to the following
standards.
(1) No outside retail sales, display or storage of merchandise shall be permitted in
accordance with section 24-154.
(2) No vehicles other than typical passenger automobiles, and no trucks exceeding
three-quarter ton capacity, shall be parked on a daily or regular basis within CPO
zoning districts.
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no
machinery shall be used other than normal office equipment such as typewriters,
calculators, computers, bookkeeping machines shall be used in association with any
use located within the CPO zoning districts.
Supp. No. 29
1462
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-109
(4) Uses shall not include establishments for live entertainment or adult entertainment
establishments, outdoor entertainment such as putt -putt golf and driving ranges,
skateboard facilities, firing ranges, amusement centers and video game arcades and
any type of token or coin-operated video or arcade games, movie theaters, billiard and
pool halls.
(d) Uses -by -exception. Within the CPO zoning districts, the following uses may be approved
as a use -by -exception.
(1) Limited retail sales in conjunction with a permitted professional service being
rendered at the time.
(2) Church or community center.
(3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of
prosthetic appliances, dentures, eyeglasses, hearing aids and similar products.
(4) Low intensity service establishments such as barber or beauty shops, shoe repair,
tailor or dress makers.
(5) Banks and financial institutions without drive-through facilities.
(6) Government buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(e) Minimum lot or site requirements. The size for lots within the CPO zoning districts shall
be as follows.
(1) Lot or site area: Seven thousand, five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the CPO zoning
districts shall be as follows.
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building restrictions. The building restrictions within the CPO zoning districts shall be
as follows.
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface
shall not apply to infill development or redevelopment of previously developed sites;
however, required landscaping shall be provided in accordance with division 8 of this
chapter. Stormwater management requirements shall apply to infill development and
to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1463
§ 24-110 ATLANTIC BEACH CODE
Sec. 24-110. Commercial limited district (CL).
(a) Intent. The CL zoning districts are intended for low intensity business and commercial
uses, which are suitable within close proximity to residential uses, and which are intended
primarily to serve the surrounding neighborhood. Subject to review as a use -by -exception, and
dependent upon compatibility with existing surrounding residential uses, certain more intense
commercial uses may also be appropriate. Permitted uses in the CL zoning districts shall not
include large-scale discount super -centers or "big -box" retailers or similar commercial uses
intended to serve a regional market. Uses shall also not include establishments for live
entertainment, or adult entertainment establishments, outdoor entertainment such as putt -
putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers and video
game arcades and any type of token or coin-operated video or arcade games, movie theaters,
billiard and pool halls.
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows.
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pickup, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry
and similar uses; but not sale of lumber, hardware or building materials or similar
products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, optometrists
and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents
and .similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug stores and pharmacies without drive-through facilities.
(10) Government uses, buildings and facilities.
(11) Child care centers in accordance with section 24-152.
(12) A single dwelling unit, where such dwelling is an accessory use to the principal use and
located within the same building as the principal use. Such dwelling unit is intended
to be occupied by the owner or an employee of the principal use.
(c) Uses -by -exception. Within the CL zoning districts, the following uses may be approved as
a use -by -exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
Supp. No. 29 1464
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-111
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(5) Contractor, not requiring outside storage of materials.
(6) Printing shops.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum lot size. The minimum size for lots within the CL zoning districts shall be as
follows.
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the CL zoning
district shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions for the CL zoning district shall be as
follows.
(1) Maximum impervious surface: Seventy (70) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-111. Commercial general districts (CG).
(a) Intent. The CG zoning districts are intended to provide general retail sales and services
for the City of Atlantic Beach and the closely surrounding neighborhoods and communities.
New development within these districts should have direct access to arterial or collector
streets and sites should be well suited for development of community shopping centers.
(b) Permitted uses. The typical uses permitted within the CG zoning districts shall not
include manufacturing, warehousing, storage or high intensity commercial activities, or
commercial uses of a regional nature, or such uses that have the potential for negative impact
to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely
late hours of operation or other factors that may adversely effect existing commercial uses or
any nearby residential uses. The uses permitted in the CG zoning districts shall include the
following.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and
stationery, luggage, jewelry, art, florist including silks, cameras, photographic sup-
plies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian),
Supp. No. 29 1465
§ 24-111 ATLANTIC BEACH CODE
bakery (but not wholesale bakery), home furnishings and appliances, office equipment
and furniture, hardware, lumber and building materials, auto, boat and marine
related parts, and similar uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants
without drive-through facilities, gymnasium, laundry or dry cleaner, funeral home, job
printing, radio and television repairs, lawn care service, pest control companies, surf
board repair in association with surf shops, but not the production of surfboards, and
similar service uses.
(3) Banks with drive-through facilities, loan companies, mortgage brokers, stockbrokers,
and similar financial institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies.
(7) Retail sale of beer and wine for off -premise consumption.
(8) Automobile service station with minor automotive repair and with car wash.
(9) Theaters, but not a regional cineplex.
(10) Government uses, buildings and facilities.
(11) Churches in accordance with section 24-153.
(12) A single dwelling unit, where such dwelling is an accessory use to the principal use and
located within the same building as the principal use. Such dwelling unit is intPnried
to be occupied by the owner or an employee of the principal use.
(13) Those uses listed as permitted uses and uses -by -exception in the commercial limited
and commercial, professional and office zoning districts.
(c) Uses -by -exception. Within the CG zoning districts, the following uses may be approved
as a use -by -exception.
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On -premise consumption of alcoholic beverages, beer and wine.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely
to drive-through business. (This shall not be construed to include restaurants with
carry -out service, which are a permitted use.)
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
Supp. No. 29 1466
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-111
(6) Contractors, not requiring outside storage, provided that no manufacture, construc-
tion, heavy assembly involving hoists or lifts, or equipment that makes excessive noise
or fumes shall be permitted. Not more than one (1) contractor related vehicle shall be
parked outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Hotel, motel, motor lodge, resort rental or tourist court.
(9) Cabinet shops, woodworking shops and surfboard production.
(10) Hospital, nursing home, assisted care and similar institutional facilities.
(11) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays
amusement centers and video game arcades and any type of token or coin-operated
video or arcade games, movie theaters, billiard and pool halls.
(12) Heavy automotive repair, not including semi tractor -trailer repair.
(13) Businesses offering live entertainment, not including adult entertainment establish-
ments as defined by Chapter 847.001 (2), Florida Statutes, and also not including
amusement centers and video game arcades and any type of token or coin-operated
video or arcade games, and billiard and pool halls.
(d) Minimum lot size. The minimum size for lots within the commercial general zoning
districts shall be as follows.
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the commercial
general zoning districts shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions in the commercial general zoning
districts shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface
shall not apply to infill development or redevelopment of previously developed sites;
however, required landscaping shall be provided in accordance with division 8 of this
chapter. Stormwater management requirements shall apply to infill development and
to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1467
§ 24-112 ATLANTIC BEACH CODE
Sec. 24-112. Industrial, light and warehousing districts (ILW).
(a) Intent. The light industrial and warehousing zoning districts are intended for light
manufacturing, storage and warehousing, processing or fabrication of non -objectionable
products, not involving the use of materials, processes or machinery likely to cause undesirable
effects upon nearby or adjacent residential or commercial activities.
(b) Permitted uses. The uses permitted within the light industrial and warehousing zoning
districts shall be as follows.
(1) Wholesaling, warehousing, mini -warehouses and personal self -storage, storage or
distribution establishments and similar uses.
(2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or
hazardous operations, within completely enclosed buildings.
(3) Contractor's yards with outdoor storage. Required front yards shall not be used for
storage, and a six (6) foot visual barrier shall be installed around such storage areas
so as to conceal view from adjacent properties and streets.
(4) Heating and air conditioning, plumbing and electrical contractor's, wholesale bakeries
and similar uses.
(5) Vocational, technical or trade schools (except truck or tractor driving schools) and
similar uses.
(6) Government buildings, uses and facilities.
(7) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature.
(c) Uses -by -exception. Within the light industrial and warehousing zoning districts, the
following uses may be approved as a use -by -exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire
codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors,
boats, automobile parts and accessories (except salvage yards), machinery and
equipment, farm equipment, lumber and building supplies, mobile homes, monuments
and similar sales establishments.
(5) Establishments for heavy automotive repair or the permanent storage of automobiles,
motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment
and similar uses, including dry docks and rack storage of boats.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughter houses).
Supp. No. 29
1468
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-113
(9) Wholesale food processing.
(d) Minimum lot size. The minimum size for lots within the ILW districts shall be as follows.
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the ILW zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions for the ILW zoning districts shall be as
follows.
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface
shall not apply to infill development or redevelopment of previously developed sites;
however, required landscaping shall be provided in accordance with division 8 of this
chapter. Stormwater management requirements shall apply to infill development and
to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-113. Special purpose district (SP).
(a) Intent. The special purpose district is intended for a limited single use. Applications to
rezone land to special purpose district may be made in accordance with section 24-62. The use
proposed for any special purpose district shall be consistent with the comprehensive plan, and
the use and any limitations applicable to such use shall be stated within the ordinance
establishing the special purpose district.
(b) Permitted uses. Government uses and public facilities and any other permitted uses
shall be limited to those established by the city commission within the ordinance creating a
special purpose district, and upon a finding of consistency with the comprehensive plan.
(c) The existing salvage yard, which is restricted to storage and salvage operations of
automobiles, trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal
scrap is recognized as a lawfully permitted nonconforming use. The site area for this existing
salvage yard shall not exceed that covered by the blocks or portions thereof limited in location
to the following lots of record identified as Section H, to wit: all of Blocks 111, 112, 113, 117,
118, 119, 140, 141, and 142.
In the case that any lot or parcel within the blocks referenced herein shall cease to be used
for a salvage yard as described herein, then and in that case, that particular lot or parcel shall
Supp. No. 29 1469
§ 24-113 ATLANTIC BEACH CODE
not again be used except in conformance with the requirements of this section, and any autos,
boats, parts, or similar remaining materials shall be removed at the owner's expense within six
(6) months after receiving written notice from the City of Atlantic Beach. The zoning district
classifications of such lots shall then revert to residential, single-family (RS -2), and the use of
such lots shall conform to the provisions of section 24-105 and all other applicable land
development regulations.
(d) Uses -by -exception. None.
(e) Minimum lot or site requirements. Minimum required lot area shall be determined based
upon the characteristics of the use proposed.
(f) Minimum yard requirements. Structures shall be a minimum distance of five (5) feet
from any property line.
(g) Building restrictions. The building restrictions applicable to any use permitted within a
special purpose district shall be established within the ordinance creating such special purpose
district.
(h) Special requirements. Development within special purpose districts shall be subject to
the following provisions.
(1) Accessory uses shall be determined based upon the specific use permitted within the
special purpose district.
(2) Where a specific permitted use within a special purpose district is ceased for a period
of six (6) months or abandoned, the zoning district designation shall remain special
purpose (SP), except in the case where the terms of an SP district require reversion to
a previous zoning district designation. In all other cases, no future use shall be
permitted except in conformance with the requirements of this section and until the
ordinance establishing the special purpose district is amended.
(3) Where a specific permitted use within a special purpose district is ceased for a period
of six (6) months, or abandoned, all structures, equipment, stored materials and any
refuse shall be fully removed, at the property owner's expense, within six (6) months
of receiving written notice from the City of Atlantic Beach in accordance with such
order for removal or in accordance with the terms of the ordinance establishing the
special purpose district.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-114. Central business district (CBD).
(a) Intent. The central business district is intended for low intensity, neighborhood scale
commercial and retail uses, and professional offices, which are suitable within the constraints
of the existing development patterns of the district and which contribute to the commercial,
civic and cultural vitality of the City of Atlantic Beach Town Center area. The central business
Supp. No. 29 1470
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-114
district contains an established development pattern with a predominance of older structures
built prior to the current requirements for area, setbacks, parking and other site related
elements.
(b) Permitted uses. The uses permitted in the central business district shall be as follows.
(1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but
not dry cleaners), tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books, stationery, luggage, jewelry, or
similar uses.
(2) Pharmacies.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, and similar
uses.
(5) Business offices such as real estate broker, insurance agents, and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Restaurants, cafes, coffee shops without drive -up or drive-through service.
(8) Municipal, government buildings and facilities.
(9) Leased right-of-way uses.
(10) A single dwelling unit within the same building occupied by a permitted use, intended
to be occupied by the owner or an employee of such use.
(c) Uses -by -exception. Within the central business district, the following uses may be
approved as a use -by -exception.
(1) Art galleries, libraries, museums, cultural centers.
(2) Residential, where such residential use is secondary to the permitted commercial use
of the building.
(3) Businesses offering live entertainment, not including adult entertainment establish-
ments as defined by Chapter 847.001 (2), Florida Statutes, and also not including
outdoor entertainment such as putt -putt golf and driving ranges, skateboard facilities,
firing ranges, amusement centers and video game arcades and any type of token or
coin-operated video or arcade games, movie theaters, billiard and pool halls.
(d) Minimum lot or site requirements. The minimum requirements for lots and sites in the
central business district shall be as follows.
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
Supp. No. 29 1471
§ 24-114 ATLANTIC BEACH CODE
(e) Minimum yard requirements. The minimum yard requirements for the central business
district shall be as follows.
(1) Front yard: Twenty (20) feet. If buildings existing on adjacent lots have a lesser front
yard, front yard shall be the average of buildings on adjacent lots.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Five (5) feet.
(f) Building restrictions. The building restrictions for the central business district shall be
as follows.
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface
shall not apply to infill development or redevelopment of previously developed sites;
however, required landscaping shall be provided in accordance with division 8 of this
chapter. Stormwater management requirements shall apply to infill development and
to redevelopment projects involving exterior site changes.
(2) Maximum building height: Twenty-five (25) feet.
(g) Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and
sidewalk cafes may be operated by the management of adjacent permitted food service
establishments, subject to the following provisions.
(1) Outside seating within public rights-of-way may be permitted under a renewable
annual lease agreement approved by the city commission. As a condition of the lease,
the owner of such establishment shall agree in writing to maintain that portion of the
right-of-way where the outside seating is located. The owner/lessee/lessor of the
lousiness es ,ablis'inneni, and 'the property owner shall agree in writing to hold the City
of Atlantic Beach harmless for any personal injury or property damage resulting from
the existence or operation of, and the condition and maintenance of the right-of-way
upon which any outside seating is located, and shall furnish evidence of general
liability insurance in the amount of one million dollars ($1,000,000.00) per person and
two million dollars ($2,000,000.00) per occurrence with the City of Atlantic Beach as
additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five (5) feet from the
curb line of the street or from any fire hydrants, planters or other public improvements
located in the right-of-way.
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in
height measured from the ground or sidewalk level. Enclosures shall be designed in
compliance with ADA accessibility guidelines and shall provide safe pedestrian access
to the public right-of-way and designated parking spaces. Such enclosure may consist
of screens, planters, fencing or other similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating areas.
Supp. No. 29
1472
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-127
(5) Seats provided in outside seating areas shall be included in the required parking
calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve
outside seating areas shall be white in color and shall not spill over to adjacent
properties.
(7) The city commission shall determine and establish by resolution the charges, terms
and termination procedures for right-of-way leases.
(8) The city commission may permit non-food service uses under right-of-way lease
agreements provided such uses are permitted under the use -by -exception process and
further provided such uses are special event related and not continuous.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-115-24-125. Reserved.
DIVISION 6. PLANNED UNIT DEVELOPMENT (PUD)
Sec. 24-126. Purpose.
The purpose of the planned unit development is to encourage creative design to create a
more desirable environment than would be possible through the strict application of the
minimum requirements of the land development regulations. The purpose of the planned unit
development regulations is to encourage flexibility in the design and development of land in
order to promote its most appropriate use; to facilitate the adequate and economical provision
of streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open
areas. The objective of a planned unit development is to encourage ingenuity, imagination, and
design efforts on the part of builders, architects, site planners and developers; to produce
developments which are in keeping with overall land use intensity and open space objectives
of this chapter, while departing from the strict application of use, setback, and minimum lot
size requirements of the several zoning districts. While the planned unit developments may
depart from the strict application of this chapter for the district or districts in which it is
proposed to be located, the developments are to be compatible with the comprehensive plan
and shall be platted in accordance with article IV of this chapter. Further, all requirements of
article IV of this chapter, the subdivision regulations, shall be met unless specifically modified
by action of the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-127. Intent.
The intent of this division is to permit flexibility in design and to provide performance
criteria for planned unit developments which:
(1) Permit a creative approach to the development of land;
Supp. No. 29 1473
§ 24-127 ATLANTIC BEACH CODE
(2) Accomplish a more desirable environment than would be possible through the strict
application of minimum requirements of this article;
(3) Provide for an efficient use of land, resulting in smaller networks of utilities and
streets and thereby lower development costs;
(4) Enhance the appearance of the area through preservation of natural features, the
provision of underground utilities and the provision of recreation areas and open
spaces in excess of existing zoning and subdivision requirements;
(5) Provide an opportunity for new approaches to ownership;
(6) Provide an environment of stable character compatible with surrounding areas; and
(7) Retain property values over the years.
(Ord. No. 90-03484, § 2, 12-8-03)
Sec. 24-128. Purpose and planned unit development defined.
For the purpose of this chapter, "planned unit development" shall mean the development of
land under unified control which is planned and developed as a whole in a single or
programmed series of operations with uses and structures substantially related to the
character of the entire development. A planned unit development must also include a program
for the provision, maintenance, and operation of all areas, improvements, facilities, and
necessary services for the common use of all occupants thereof.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-129. Permitted uses and site requirements.
(a) Permittcd irscs A�n . usn or »mix of Itac , which arc a permitted Lice: or a p=thttcd
use -by -exception, subject to that use being an allowable use within the future land use
category as designated by the comprehensive plan, may be proposed within a planned unit
development.
(b) Site requirements. Minimum site area required for a single use planned unit develop-
ment is ten (10) acres. Mixed use planned unit developments shall not have a minimum size
requirement, but shall otherwise be subject to all applicable requirements of this division.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-130. Application for rezoning to planned unit development.
(a) Information required. An application for rezoning to planned unit development shall
proceed in general as for other applications for rezoning and, in addition to the information
required for such applications, the following shall be required.
(1) Legal description of the area proposed to be rezoned to planned unit development.
(2) The name and address of the owner(s) and, if applicable, evidence of the assignment of
an agent who represents the owner.
Supp. No. 29 1474
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-130
(3) Evidence of unified control of the entire area within the planned unit development
with all owners within the area of same identified.
(4) An agreement by all owners within the proposed planned unit development, which
includes or addresses each of the following.
a. Commitment to proceed with the proposed development in accordance with the
planned unit development ordinance and such conditions and safeguards as may
be set by the city commission in the enacting ordinance.
b. Provision of a written statement for completion of the development according to
plans and schedule approved by the ordinance, and for the continuing operation
and maintenance of all privately owned areas, functions and facilities, which will
not be operated or maintained by the city pursuant to written agreement.
c. Commitment to bind all successors and assigns in title to any commitments
included within the enacting ordinance, which shall include by reference the
application for rezoning. This must be clearly reflected in the covenants and
restrictions of the PUD, which shall be recorded with the Clerk of the Courts of
Duval County.
(b) Materials to accompany applications. An application for rezoning to planned unit
development shall be accompanied by the following, in sufficient copies as deemed necessary
by the community development director for referrals and recommendations.
(1) Plans, maps, studies and reports as may be required by in order to make the findings
and determinations called for in the evaluation of the particular application.
(2) Written description and of the intended plan of development, clearly indicating where
approval of the planned unit development will benefit the future occupants of the
proposed development and the city in general. Such description and justification shall
demonstrate compliance with the stated purpose and intent of the planned unit
development regulations.
(3) A composite site plan drawn at an appropriate scale depicting the following.
a. The general location, grouping, and height of all uses, structures and facilities.
b. In the case of residential development, the number of dwelling units proposed,
their general location, proposed building setbacks, separation between structures
and number of stories.
c. The general location of vehicular and pedestrian circulation systems including
driveways, sidewalks, parking areas, and streets to be dedicated.
d. Open space and all active and passive recreational uses, with estimates of
acreage to be dedicated to the city and that to be retained in common ownership.
Active and passive recreation shall be sufficient to serve the needs of residents
within the planned unit development.
Supp. No. 29 1475
§ 24-130 ATLANTIC BEACH CODE
e. A topographic map at an appropriate scale showing contour lines, including all
existing buildings, water bodies, wetland areas and ratio of wetlands to uplands,
significant environmental features and existing vegetative communities.
f. Any archaeological or historic resources, as identified by the state division of
historical resources master site file.
g.
Site data including total number of acres in the project and acreage to be
developed with each proposed use. (Total number of dwelling units separated by
type and total nonresidential acreage and square footage of non-residential
structures.)
(4) Statements providing commitments for the continued maintenance and ownership of
all shared and common areas, any private streets, all stormwater management
structures and facilities, infrastructure and any other improvements.
(5) Proposed schedules of development, including the following.
a. Areas to be developed and the phasing schedule for each development area.
Individual phases may overlap, but no single phase shall exceed a period of five
(5) years.
b. Terms providing a definition for commencement and a definition of completion.
c. The construction of streets, utilities and other improvements necessary to serve
the proposed development.
d. The dedication of land to public use.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-131. Application and review procedures.
(a) Review by community development director The planned unit development rezoning
application shall be submitted to [the] community development director at least thirty (30)
days prior to the meeting of the community development board, at which meeting such
application is to be considered. The community development director shall review the
preliminary development plan to determine its conformity with the comprehensive plan,
policies of the city, requirements of this chapter, and requirements of other applicable state
and federal statutes, rules and regulations. Upon completion of the review, the community
development director shall forward the planned unit development rezoning application to the
community development board.
(b) Action by the community development board. The community development board shall
review the planned unit development rezoning application and may recommend to the city
commission to enact an ordinance establishing a planned unit development including any
special conditions related thereto based upon the findings that:
(1) The proposed planned unit development does not affect adversely the orderly devel-
opment of the city, as embodied within this chapter and within the comprehensive
plan.
Supp. No. 29 1476
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-132
(2) The proposed planned unit development does not affect adversely the health and
safety of residents in the area and will not be detrimental to the natural environment
or to the use or development of adjacent properties or the general neighborhood.
(3) The proposed planned unit development will accomplish the objectives and will meet
the requirements of section 24-134, as well as division 5 of this chapter.
(4) The community development board shall conduct a public hearing to assist in its
development of a recommendation to the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-132. Adoption of ordinance creating a planned unit development.
(a) Action by the city commission. Upon receipt of the recommendation of the community
development board, the city commission may enact an ordinance establishing a planned unit
development, including any special conditions related thereto based upon findings as outlined
in section 24-131(b) above.
(b) Procedure for adoption.
(1) The planned unit development ordinance shall contain all applicable attachments,
exhibits and materials, as required to enact the planned unit development. The
planned unit development ordinance shall be noticed in accordance with section 24-52,
and shall be enacted as set forth within Section 166.041, Florida Statutes related to
the requirements for the adoption of ordinances.
(c) Minor deviations from the planned unit development ordinance. In order to facilitate
minor adjustments to the plans approved as part of the ordinance creating the planned unit
development, the city commission may approve changes in such plans, which comply with the
following criteria.
(1) There are the same or a fewer number of dwelling units and/or floor area.
(2) The open space is in the same general location and in the same general amount, or a
greater amount.
(3) The buildings have the same or less number of stories and/or floor area.
(4) The roads and drives follow approximately the same course and have the same public
or private rights therein.
(d) Expiration of time limits provided in ordinance. If development actions required by the
ordinance creating a planned unit development are not taken within the time limits set by the
city commission within the ordinance, the approval of a planned unit development as provided
in the ordinance shall expire, and no further action shall be permitted under same unless an
extension has been granted by the city commission. See section 24-204(d).
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1477
§ 24-133 ATLANTIC BEACH CODE
Sec. 24-133. Implementation of a planned unit development.
(a) Development plan. Following the enactment of an ordinance creating a planned unit
development, a detailed development plan of all or part of the planned unit development shall
be submitted to the community development director for review in accordance with the
schedule of development, as contained in the ordinance, which shall include:
(1) All materials, drawings, information, and other documentation, as required by the city
to certify substantial compliance with the planned unit development ordinance.
(2) Agreements, contracts, covenants and deed restrictions and sureties acceptable to the
city for completion of the development according to plans approved in the ordinance,
and for continuing operation and maintenance to such areas, functions and facilities
that are not to be provided, operated, or maintained by the city pursuant to written
agreement.
(b) Record plans. If the planned unit development ordinance requires the recording of
record plats, such plats shall accompany the submission of the development plan to the
community development director, and plats so approved shall be recorded, as required by law.
(c) Approval of development plan. The community development director shall review the
submittals required for the final development plan to assure its compliance with the planned
unit development ordinance. The community development director shall forward the final
development plan to the city commission. The city commission shall review the final
development plan and, if found in compliance with this article, the planned unit development
ordinance and standards established pursuant to section 24-135, shall approve the same.
(d) Permits required. All development within a planned unit development shall proceed in
accordance with all required development permits, and no building permit, certificate, or other
document authorizing construction or occupancy within a planned unit development shall be
issued, except in accordance with the approved development plan.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-134. Development standards and criteria.
(a) Density of development. The total area occupied by building and structures for
residential use shall not exceed thirty-five (35) percent of the total area of that portion of the
planned unit development devoted to residential use. Density shall comply with the limita-
tions as set forth by the comprehensive plan.
(b) Open space. The planned unit development may, upon approval by the city commission,
include residential lots of smaller size than would be permitted by this chapter, provided the
overall density is in compliance with the comprehensive plan. Open space in the amount as
required by this division shall be provided. The open space area shall be dedicated as such on
the final subdivision plat for the planned unit development. The open space shall be utilized
as park, for either passive or active recreation or as a conservation area. The open space shall
either be dedicated to the city or be maintained by a community association composed of
Supp. No. 29 1478
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-134
residents of the planned unit development. Land dedicated as open space shall not be
encroached upon by any residential, commercial, or industrial principal use or accessory use.
(c) Waiver of yard, type of dwelling unit, and building restrictions. Minimum yards, lot size,
type of dwelling unit and building restrictions may be waived for the planned unit develop-
ment, provided the spirit and intent of these land development regulations is maintained for
the entire planned unit development, and further provided that any waiver is not in conflict
with the comprehensive plan. However, the city commission may, at its discretion, require
adherence to minimum zoning district requirements within certain portions of the PUD if
deemed necessary in order to maintain the spirit and intent of these land development
regulations and the comprehensive plan.
(d) Supporting legal documents for open space. Legal documents, which provide for
permanent and adequate management and maintenance of the open space, shall be provided
by the developer for all areas proposed for common ownership by the residents of the planned
unit development. Legal instruments provided for dedications, covenants, community associ-
ations, and subdivision controls shall:
(1) Place title of common property in a form of common ownership by the residents of the
planned unit development; e.g., a duly constituted and legally established community
or homeowner's association, cooperative, or similar lawfully established entity.
(2) Appropriately limit the use of common property.
(3) Place responsibility for continued management and maintenance of all common
property. The city commission, at its discretion, may require the applicant to enter into
a contract with the city for maintenance of commonly held properties.
(4) Clearly designate the developer or the homeowner's association to be responsible for
all maintenance and upkeep of all utilities and other improvements such as sidewalks,
streets, etc., until such time as they may be accepted by the city.
(5) Place responsibility for the perpetual enforcement of covenants and any private deed
restrictions.
(6) Permit the subjection of each lot to assessment for its proportionate share of
maintenance costs.
(e) Access. Access to each single-family dwelling unit shall be provided by either a public
right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee
or in common ownership with the residents of the planned unit development.
(0 Privacy. Within residential planned unit developments, each dwelling unit within the
PUD shall be provided with visual and acoustical privacy. Fences, walks and landscaping shall
be provided for the protection and aesthetic enhancement of property and the privacy of its
occupants, screening of objectionable views or uses and reduction of noise.
(g) In -fill development. All construction within the PUD shall conform to the general
architectural style of the initial development.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1479
§ 24-135 ATLANTIC BEACH CODE
Sec. 24-135. Community facilities.
(a) All utility facilities proposed for dedication to the city must be acceptable to city as to
construction standards and deemed to be of benefit to the general public.
(b) All requirements for off-street parking and loading shall apply to the planned unit
development unless otherwise waived or modified by the city commission.
(c) Access and circulation within the PUD shall adequately provide for emergency service
and firefighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries
and debris removal and similar large vehicles.
(d) All planned unit developments shall provide for underground installation of utilities,
including telephone, power and cable television in both public and private rights-of-way.
Provisions shall be made for acceptable design and construction of stormwater management
and central water and sewer facilities.
(e) Specifications for street design shall conform to the design standards as set forth within
article IV of this chapter.
(f) All public and private parks, playgrounds and green spaces must be clearly identified,
and the proposed location of each must be approved by the mayor and the city commission and
recorded within the ordinance establishing the PUD.
(g) Sidewalks and recreational areas appropriate to the intended use of the PUD shall be
provided and clearly shown on all plans and drawings. Internal sidewalks shall be provided
within all residential planned unit developments.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-136. Requirements of this division.
No requirement of this division, which shall be included in the ordinance enacting a
planning unit development, shall be modified unless in accordance with the provisions of this
division or unless approved by action of the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-138-24-150. Reserved.
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory uses and structures.
(a) Authorization. Accessory uses and structures are permitted within any zoning district
where the accessory uses or structures are clearly ancillary, in connection with, and incidental
to the principal use allowed within the particular zoning district.
Supp. No. 29 1480
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-151
(b) Accessory uses by zoning district. Accessory uses and structures shall be permitted only
within zoning districts as set forth within this division.
(1) Within all residential zoning districts:
a. Antenna structures for television and radio, but not microwave relay or commer-
cial transmission structures, television and radio antennas of the customary size
and design shall not count as accessory structures for the purpose of determining
the number of such structures, provided that only one (1) such structure is
permitted per residence.
b. Children's playhouse and/or juvenile play equipment shall not be permanently
located within required front yards.
c. Guest house or guest quarters, provided that such are used only for intermittent
and temporary occupancy by a non-paying guest or family member of the
occupant of the primary residence. A guest house or guest quarters shall not be
rented for any period of time and shall not contain a kitchen, but may contain a
kitchenette as defined herein. Further, a guest house or guest quarters shall not
be used as, or converted to a dwelling unit. A detached guest house shall not
exceed the number of buildings allowed on a lot as set forth within section
24-82(b) and shall be a minimum distance of ten (10) feet from the principal
building.
d. Detached private garages and carports, not to exceed six hundred (600) square
feet of lot area and fifteen (15) feet in height, except in accordance with section
24-88 or the provisions of the following paragraph. Only one (1) detached private
garage or carport shall be allowed on any single residential lot, and such
structures shall comply with applicable side yard requirements and shall be a
minimum distance of ten (10) feet from the rear lot line.
Detached private garages, not to exceed six hundred (600) square feet of lot area
may be constructed to a height of twenty-five (25) feet provided that such
structures shall comply with applicable side yard requirements and shall be a
minimum distance of fifteen (15) feet from the rear lot line.
A detached private garage shall be a minimum distance of ten (10) feet from the
principal building.
e. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet
and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked
roof; and a minimum distance of five (5) feet from the rear and side lot lines.
f. Private swimming pools in accordance with section 24-164.
g. Home office (but not a home occupation).
h. Private ball courts and other similar private recreational uses;
i. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten
feet in height for a flat roof or twelve (12) feet in height for a peaked roof. Only
Supp. No. 29 1481
§ 24-151 ATLANTIC BEACH CODE
one (1) detached storage or tool shed shall be allowed on any single residential lot,
and such structures shall comply with applicable side yard requirements and
shall be a minimum distance of ten (10) feet from the rear lot line.
j. Detached screened enclosures with screened roofs, not to exceed 600 square feet
and fifteen (15) feet in height and located a minimum of five (5) feet from any side
or rear lot line. Such detached screened enclosures shall not be allowed in
required front yards.
k. Dog houses not to exceed five (5) square feet and five (5) feet in height.
1. Personal pets, limited to those animals customarily considered as pets, and kept
only on the same premises of the occupant(s) of the residential principal building.
(2) In any zoning district; except as to private swimming pools:
a. All accessory uses and structures shall comply with the use limitations applicable
to the zoning district in which they are located.
b. Unless otherwise specified within this section, all accessory structures shall
comply with the land development regulations, including the minimum yard
requirements applicable to the zoning district in which they are located.
c. Unless otherwise specified within this section, accessory uses and structures
shall not be located within required front yards and shall not be closer than five
(5) feet from any lot line.
d. No accessory structures shall be used as a residence, temporarily or permanently,
except in accordance with section 24-88.
e. Accessory structures shall not be more than fifteen (15) feet in height, except in
accordance with section 24-88 or preceding paragraph (b)(1)d. Accessory struc-
tures shall not be placed forward of the front of the principal use structure. On a
corner lot, no part of any accessory structure shall be closer to any property line
than the principal use structure. Space within an accessory structure shall not be
leased or used for any use or purpose other than those incidental to the use of the
principal building.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-152. Child care.
Child care centers, including day nurseries and kindergartens, and child care provided in
private homes, whether operated as a permitted use or permitted as a use -by -exceptions, shall
be licensed and operated in accordance with all applicable requirements of the Florida
Department of Children and Family Services, all applicable city codes, and shall further be
subject to the following provisions.
(1) Minimum lot area shall not be less than five thousand (5,000) square feet.
(2) Outdoor play areas shall be fully fenced with a minimum four (4) foot high latching
fence, and the size of play area shall meet the state regulations for square feet of play
Supp. No. 29 1482
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-153
area per child. Within all residential zoning districts, play areas and all play
equipment, structures and children's toys shall not be located, maintained or stored
within required front or side yards.
(3) Where approval of a use -by -exception is required to operate a child care facility, the
maximum number of children shall be stated in the application, and in no case shall
the maximum permitted number of children be exceeded at any time. The application
shall include a site plan showing the location of the building to be used or constructed
on the lot, fenced play areas, off-street parking, loading and unloading facilities as
required by section 24-161, and traffic circulation, including any drop-off areas.
(4) Child care provided within private homes, not requiring approval of a use -by -
exception, shall be limited to care of not more than five (5) children, unrelated to the
operator, within a single time period, and shall be licensed and operated only in
accordance with all applicable licensing requirements of the Florida Department of
Children and Family Services (DCFS) and the requirements of this section. The
application for occupational license to provide child care within a private home shall be
accompanied by a copy of the current license certificate from the DCFS and a survey
or site plan demonstrating compliance with all requirements of this section. The city
reserves the right to request of the DCFS an inspection pursuant to Section 402.311
Florida Statutes, prior to issuance of a local occupational license. Child care in private
homes shall be further subject to the following requirements.
a. No business signs shall placed upon the lot where child care is provided within
private homes.
b. Play areas and all play equipment, structures and children's toys shall not be
located, maintained or stored within required front or side yards.
c. Off-street parking, as required by section 24-161, shall be provided, including
provision for off-street drop-off and pick-up. Parking and traffic generated by any
child care provided within a private home facilities shall have no adverse impacts
to the volume or circulation of residential traffic.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-153. Churches.
The minimum development criteria for churches in any zoning district where churches are
permitted shall include the following.
(1) Adequate site area to accommodate all structures and required on-site parking and
circulation areas for motor vehicles, in accordance with the parking requirements of
this chapter.
(2) Location on a collector or arterial street with adequate frontage to accommodate
ingress -egress driveways in proportion to expected peak attendance levels in order not
to disrupt roadway traffic.
(3) Maintenance of the required clear sight triangle.
Supp. No. 29
1483
§ 24-153 ATLANTIC BEACH CODE
(4) Minimum yard requirements and building restrictions as required within the zoning
district in which the facility is located.
(5) Buffering as required by section 24-167 of this chapter in the form of hedge materials
and/or fence or wall, as appropriate, along lot lines adjacent to any residential uses.
(6) A single dwelling unit for [clergy] may be permitted and may be attached to, located
within, or on the same premises as the church. For dwelling units that are detached
from the church building, the minimum yard requirements and building restrictions of
the RS -2 zoning district shall apply.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-154. Display and sale of merchandise outside of an enclosed building.
(a) Outside display of products, or outside sale of furniture, clothing, dry goods, hardware
or other similar merchandise, equipment and materials, and also street vendors, shall be
prohibited in all zoning districts, except this shall not apply to locations for permanent
automotive sales, or to landscaping and garden supplies, nursery stock in containers, patio
furniture and ornamental articles for use in lawn, garden or patio areas, subject to provision
of any required buffering and screening.
(b) Unless expressly permitted by this chapter, all business related products and activities
shall be conducted within an enclosed building, subject to compliance with applicable Florida
Building Code requirements.
(c) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles,
boats and the like shall be prohibited in all zoning districts.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-155. Establishments offering dancing or live entertainment.
If at any time the city commission shall determine, based upon procedural due process, that
the live entertainment, for which a use -by -exception has been issued, constitutes a public or
private nuisance, is not in the best interests of the public, is contrary to the general welfare or
has an adverse effect upon the public health, safety, comfort, good order, appearance or value
of property in the immediate or surrounding vicinity, then the city commission may, upon such
determination, revoke, cancel or suspend such use -by -exception and related occupational
license, and any person or party applying for and receiving a use -by -exception for live
entertainment is hereby placed on notice that the use -by -exception may be canceled, revoked
or suspended at any time pursuant to the provisions of this section. Every use -by -exception
hereafter granted for live entertainment shall contain a recitation upon the face thereof that
the same is subject to revocation, cancellation or suspension for the reasons stated in this
section.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1484
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-158
Sec. 24-156. Exceptions to height limitations.
Upon specific application, the city commission may make exceptions to the limitations and
restrictions on height of buildings or structures only within the CL, CPO, CG and CBD, ILW
or PUD zoning districts, provided that in any instance wherein such an exception is granted,
the city commission shall prescribe the maximum allowable height of the building or
structures involved.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-157. Allowable height of fences and walls.
(a) Within required front yards, the maximum height of any fence or wall shall be four (4)
feet.
(b) Within required side or rear yards, the maximum height of any fence or wall shall be six
(6) feet.
(c) On corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be
allowed within ten (10) feet of any lot line which abuts a street, provided, however, that clear
vehicular and pedestrian sight distance shall be maintained at any street intersection.
(d) The height of fences and walls shall be measured from grade to the top of the fence or
wall. Where a fence or wall is erected at the junction of properties with varying elevations, the
height of the fence or wall shall be measured from the side with the lowest elevation. The use
of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is
prohibited.
(e) The maximum height of retaining walls on any lot is four (4) feet. A minimum of forty
(40) feet shall separate retaining walls designed to add cumulative height or increase site
elevation.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-158. Guardhouses and security buildings.
(a) Guardhouse or security building shall mean any structure designed, built or used
exclusively for the shelter and on -duty accommodation of persons engaged in the protection,
guarding and security of persons and property.
(b) Upon specific approval of an application for a building permit to install, construct or
place guardhouse or security building and issuance of a building permit, a guardhouse or
security building may be erected, installed, placed or constructed within any zoning district.
(c) Any person or party desiring to erect, install, place or construct any guardhouse or
security building shall apply to the building official. Such application shall meet all require-
ments of applications for building permits and shall be accompanied by the building permit fee
required by the city for commercial structures.
Supp. No. 29 1485
§ 24-158 ATLANTIC BEACH CODE
(d) Upon receipt of the application and filing fee, the city shall, as soon as practical, either
approve and authorize issuance of the permit, or deny the same. If the permit is authorized,
the building official shall issue a building permit for the guardhouse or security building.
(e) No guardhouse or security building shall be occupied until it has passed all building
inspections and a certificate of occupancy has been issued for the building.
(f) When any guardhouse or security building has ceased to be used for such purpose as
defined in this section, and the guardhouse or security building does not meet all setback,
square footage, electrical, plumbing or other requirements necessary for the issuance of a
building permit as a principal use, accessory use or use -by -exception in the zoning district
where the building is located, it shall be removed at the owner's expense unless the city
authorizes a continued use.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-159. Home occupations.
(a) Intent. Certain home occupations may be approved through the use -by -exception
procedure in order to address the desire of people to conduct limited small-scale home
occupations within a personal residence. A home occupation shall not change the residential
character or exterior appearance of a property, shall not increase traffic in residential
neighborhoods and shall not create any adverse impacts to the surrounding residential
neighborhood.
(b) Home occupations shall be approved in accordance with section 24-63. The following
provisions regulations shall also apply to all activities approved as a home occupation:
(1) The address of the home occupation shall not be advertised as a business location.
2 Nu one Ulm" gran immediate family menthe's residing on the premises shall be
involved in the home occupation. There shall be a limit of one (1) occupational license
per person, and no more than two (2) licenses per household. Home occupations shall
not be transferable from one (1) location to any other location.
(3) All business activities conducted on the licensed premises shall be conducted entirely
within the dwelling. There shall be no outside storage or outside use of equipment or
materials and not more than one (1) vehicle, trailer or the like, which is associated with
the business activity, shall be parked on the licensed premises.
(4) No more than one (1) room of the dwelling shall be used to conduct the home
occupation, provided the area of that room does not exceed twenty-five (25) percent of
the total living area of the dwelling.
(5) No external sign or evidence that the dwelling is being used for any purpose other than
a residence shall be allowed.
(6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare,
fumes, odors or electrical interference as a result of the home occupation. Evidence of
such shall result in revocation of the home occupation approval.
Supp. No. 29 1486
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-159
(7) The city commission may attach additional provisions and conditions, as appropriate,
to the approval of any home occupation.
(c) The following are typical activities that may be acceptable as home occupations:
recognized professional services with characteristics that exceed the definition of a home office,
such as accountant, attorney, bookkeeper, insurance agent, consultant, real estate agent,
secretarial services, architect; and artist, auctioneer, seamstress or tailor, music instructor,
photographer, piano tuner, telephone answering service, hobby and crafts not involving
equipment, and licensed massage therapist with no treatment of clients on premises.
(Activities meeting the definition of a home office shall not require approval as a use -by -
exception.)
(d) The following occupations and activities shall be prohibited as home occupations:
(1) Escort, modeling or introduction services.
(2) Masseuse or massage therapy with treatment on premises.
(3) Welding or any type of metal fabrication.
(4) Repair, maintenance or detailing or sale of automobiles, boats, motorcycles, trailers or
vehicle of any kind.
(5) Cabinet or furniture making.
(6) Upholstery or canvas work.
(7) Building, or manufacture or repair of boats, surfboards and the like.
(8) Fortune tellers, psychics and similar activities.
(9) Beauty shops or barbers.
(10) Antique or gift shops.
(11) Tow truck service.
(12) Grooming or boarding of animals.
(13) Any other activity as determined by the city commission to be inappropriate as a home
occupation.
(e) Home occupations shall not be permitted in areas that are restricted by deed when such
documents are recorded in the public records of Duval County and on file with the City Clerk
of the City of Atlantic Beach.
(f) All other business activities, not specifically approved as home occupations, shall be
restricted to the appropriate commercial zoning districts.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1487
§ 24-160 ATLANTIC BEACH CODE
Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above-
ground tanks.
(a) Within residential zoning districts, trash receptacles, garbage, recycling and similar
containers shall be shielded from view except during time periods typically associated with
refuse collection. Any structure, which serves the purpose to contain or shield such containers,
shall not be located within rights-of-way and shall not create any interference with clear
vehicular and pedestrian travel or sight distance.
(b) Within commercial zoning districts, dumpsters, trash receptacles, above ground tanks
and similar structures and containers shall be screened from view by fencing or landscaping,
or shall be located so that these are not visible from adjacent properties or streets. Above
ground tanks used to store hazardous, chemical or explosive materials may remain unscreened
upon determination by the director of public safety that a threat to security and public safety
may result from screening such tank(s) from view.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-161. Off -Street parking and loading.
(a) General. Required off-street vehicular parking spaces shall be provided at the time of
the construction of any main building for the uses described in this section. Parking areas shall
be arranged for convenient access and safety of pedestrians and vehicles; shall be paved and
adequately drained and maintained in a dustproof condition; shall provide barriers when
located at the perimeter of the lot to prevent encroachment on to adjacent property; and when
lighted, lights shall be directed away from adjacent properties. Parking areas and driveways
shall not obstruct stormwater, drainage swales, guttering, etc. Excess parking is strongly
discouraged, and in no case shall the number of parking spaces exceed that required by this
�ion(,0)- ____t� T,_e_, h_„
section by ten � cv/ N�xv�i� of that i�ciuiei. ctieiv shall be no sales, seivitce or business aLi,iviLy
of any kind within any parking area.
(b) Plans required. A composite site plan depicting the arrangement and dimensions of
required parking and loading spaces, access aisles and driveways in relationship to the
buildings or uses to be served shall be included on all plans submitted for review. Parking
calculations shall also be included.
(c) Measurement. Where floor area determines the amount of off-street parking and loading
required, the floor area of a building shall be the sum of the gross horizontal area of every floor
of the building, using exterior wall dimensions. In places of public assembly in which
occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such
seating shall be considered one (1) seat. When computations result in requirement of a
fractional space, a fraction equal to or more than one-half shall require a full space.
(d) Uses not specifically mentioned. Requirements for off-street parking and loading for
uses not specifically mentioned in this section shall be the same as required for the use most
similar to the one sought, it being the intent of this section to require all uses to provide
adequate off-street parking and loading.
Supp. No. 29 1488
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-161
(e) Location of required parking spaces:
(1) Parking spaces for residential uses shall be located on the same property with the
principal building to be served, where feasible.
(2) Parking spaces for uses other than residential uses shall be provided on the same lot
or not more than four hundred (400) feet away. A shared parking agreement shall be
required where off-site parking is used to meet parking requirements. In such cases,
the uses sharing parking must demonstrate different peak -hour parking needs.
(f) Design requirements.
(1) Parking space dimension shall be a minimum of ten (10) feet by twenty (20) feet; except
that smaller dimensions may be provided for single-family residential lots, provided
that adequate on-site parking is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the accessibility guidelines for buildings
and facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Minimum width for one-way driveway aisle shall be twelve (12) feet, and the minimum
width for two-way driveway shall be twenty-two (22) feet.
(g) Parking space requirements.
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats
or seating places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business or commercial buildings: One (1) space for each three hundred (300) square
feet of gross floor area.
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space
for each two hundred (200) square feet of gross floor area, whichever is greater.
(6) All residential uses: Two (2) spaces per dwelling unit. Parking for residential uses shall
be located within paved or stabilized driveways, private garages or carports or such
areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely
parked within grassed or landscaped areas of a residential lot. Mechanical or other
automotive repair work on any motor vehicle shall not be performed out-of-doors
within any residential zoning district, except for minor maintenance or emergency
repair lasting less than eight (8) hours and performed on a vehicle owned by the
occupant of the residential property.
(7) Hospitals, clinics and convalescent homes: One and one-half (11/2) spaces for each
hospital bed.
Supp. No. 29 1489
§ 24-161 ATLANTIC BEACH CODE
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for
accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each
twenty (20) sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross
floor area.
(10) Manufacturing, warehousing and industrial uses: One (1) space for each two (2)
employees on the largest working shift, plus one (1) space for each company vehicle
operating from the premises.
(11) Medical or dental clinic: One (1) space for each two hundred (200) square feet of gross
floor area.
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one
(1) space for each three (3) employees.
(13) Marinas: One (1) space for each boat berth plus one (1) space for each two (2)
employees.
(14) Office and professional buildings: One (1) space for each four hundred (400) square feet
of gross floor area.
(15) Restaurants, cocktail lounges and /or other eating places: One (1) space for each four (4)
seats.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational uses.
a. Elementary and junior high schools: Two (2) spaces for each classroom, office and
kitchen.
b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each
staff member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300)
square feet of gross floor area.
(19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-off
and pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross
floor area.
(h) Off-street loading spaces: Off-street loading spaces shall be provided and maintained for
hospital, institutions, single occupancy commercial or industrial building, or similar use
requiring the receipt or distribution by vehicles of materials and merchandise as follows: One
(1) space for the first ten thousand (10,000) square feet of gross floor area and one (1)
additional space for each twenty thousand (20,000) square feet of gross floor area, or fraction
thereof, over and above the first ten thousand (10,000) square feet.
Supp. No. 29 1490
ZONING, SUBDNISION AND LAND DEVELOPMENT REGULATIONS § 24-163
(i) Applications to vary from the requirements of this section shall follow the procedures set
forth in section 24-63.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-162. Parking lots.
Off-street parking lots may be a permissible use -by -exception in all non-residential zoning
districts where such lots are within four hundred (400) feet of the property requiring off-street
parking and provided such parking lots shall also conform to the following:
(1) A wall, fencing, shrubbery or as otherwise required by the community development
board and the city commission shall be erected along edges of portions of such parking.
(2) No source of illumination for the parking area shall be directly visible from any
window in any residence in an adjoining residential zoning district.
(3) There shall be no sales, service or business activity of any kind in any parking area.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles
and equipment and repair of vehicles in residential zoning districts.
(1) The storage and parking of commercial vehicles greater than twelve thousand five
hundred (12,500) pounds gross vehicle weight shall be prohibited in all residential
zoning districts. Commercial vehicles of less than twelve thousand five hundred
(12,500) pounds gross vehicle weight, recreational vehicles, and trailers of all types,
including travel, boat, camping and hauling, shall not be parked or stored on any lot
occupied by a dwelling or on any lot in any residential zoning district, except in
accordance with the following requirements:
(1) No more than one (1) commercial vehicle of less than twelve thousand five hundred
(12,500) pounds shall be permitted any residential lot, and such commercial vehicle
shall be parked a minimum of twenty (20) feet from the front lot line. Such commercial
vehicle shall be used in association with the occupation of the resident.
(2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied
petroleum products or other hazardous materials be permitted to be parked or stored
either temporarily or permanently in any residential zoning district.
(3) Commercial construction equipment or trailers containing construction equipment
shall not be parked or stored on any residential lot except in conjunction with properly
permitted, ongoing construction occurring on that lot.
(b) Recreational vehicles stored or parked on any residential lot shall be subject to the
following provisions.
(1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer
shall be stored or parked on any residential lot which is five thousand (5,000) square
Supp. No. 29 1491
§ 24-163 ATLANTIC BEACH CODE
feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is
required for storage or parking of any second recreational vehicle, boat or boat trailer,
or other type of trailer.
(2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked
or stored closer than fifteen (15) feet from the front lot line.
(3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or
occupied, either temporarily or permanently, while parked or stored in any area except
in a trailer park designated for such use as authorized within this chapter.
(4) Recreational vehicles parked or stored on any residential lot for a period exceeding
twenty-four (24) hours shall be owned by the occupant of said lot.
(c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code,
shall not be parked or stored in any zoning district. Further, mechanical or other automotive
repair work on any motor vehicle shall not be performed out-of-doors within any residential
zoning district, except for minor maintenance or emergency repair lasting less than eight (8)
hours and performed on a vehicle owned by the occupant of the residential property.
(d) No materials, supplies, appliances or equipment used or designed for use in commercial
or industrial operations shall be stored in residential zoning districts, nor shall any home
appliances or interior home furnishings be stored outdoors in any residential zoning district.
(e) The provisions of this section shall not apply to the storage or parking, on a temporary
basis, of vehicles, materials, equipment or appliances to be used for or in connection with the
construction of a building on the property, which has been approved in accordance with the
terms of this chapter or to commercial or recreational vehicles parked within completely
enclosed buildings.
n t l . No. 30-03-184, j
2, 12-8-03)
Sec. 24-164. Swimming pools.
Swimming pools and ornamental pools shall be located, designed, operated, and maintained
so as to minimize interference with any adjoining residential properties, and shall be subject
to the following provisions.
(1) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be
arranged so as not to directly illuminate adjoining properties.
(2) Setbacks: The following setbacks shall be maintained for any swimming pool or
ornamental pool:
a. For swimming pools, the front setback shall be the same as required for a
residence located on the parcel where the swimming pool is to be constructed,
provided, that in no case shall the pool to be located closer to a front line than the
principal building is located; except that a pool may be located in either yard on
a double frontage lot along the Atlantic Ocean and provided that no pool on such
lots is located closer than five (5) feet from any lot line.
Supp. No. 29
1492
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-165
b. For ornamental pools, the front setback shall be a minimum of five (5) feet.
c. Minimum required side and rear yard setbacks for both swimming pools and
ornamental pools shall be five (5) feet from any lot line.
(3) Fences: All swimming pools and any ornamental pool with a maximum depth greater
than two (2) feet shall be enclosed by a fence, wall or equivalent barrier at least four
(4) feet in height and designed in compliance with all applicable state and local
regulations.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-165. Service stations.
The following provisions shall apply to the location, design, construction, operation and
maintenance of service stations:
(1) Lot dimensions. A lot containing a service station shall be of adequate width and depth
to meet all setback requirements, but in no case shall a corner lot have less than two
(2) street frontages of at least one hundred fifty (150) feet each and an area of at least
twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have
a street frontage of at least one hundred (100) feet and a minimum area of fifteen
thousand (15,000) square feet.
(2) Access to site. Vehicular entrances or exits for service stations shall:
a. Not be provided with more than two (2) curb cuts for the first one hundred (100)
feet of street frontage or fraction thereof;
b. Contain an access width along the curb line of the street of not more than forty
(40) feet as measured parallel to the street at its narrowest point, and not be
located closer than one hundred (100) feet from a street intersection along any
arterial or collector street and/or closer than fifty (50) feet from a street
intersection on a local street or closer than ten (10) feet from adjoining property;
c. Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at
both the right-of-way line and the curb or edge of the pavement along a single
street.
(3) Location of pumps and structures. No principal or accessory building, no sign of any
type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any
property that is residentially zoned. No gasoline pump shall be located within twenty
(20) feet of any street right-of-way line.
(4) Lighting. All lights and lighting on a service station shall be so designed and arranged
so that no source of light shall be directly visible from any residential zoning district;
this provision shall not be construed to prohibit interior lighted signs.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1493
§ 24-166 ATLANTIC BEACH CODE
Sec. 24-166. Signs.
Signs shall be governed as set forth within chapter 17 of this Code, signs and advertising
structures.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-167. Required buffers between residential and non-residential uses.
When new development or a change of use is proposed in any non-residential zoning district
that adjoins a lot in residential use, either to the side or to the rear, buffers as described below
shall be provided.
(1) Where non-residential development is proposed adjacent to residential development,
there shall be a solid masonry wall, or wood fence, shrubbery or landscaping as
approved by the designated administrative official, along required rear and required
side yards. Such buffer shall be a minimum of five (5) feet in height, except that within
required front yards, such buffer shall be four (4) feet in height. Required buffers shall
be constructed and maintained along the entire length of the adjoining lot line.
(2) Where landscaping is used as the required buffer, such landscaping shall provide
one -hundred (100) percent opacity within twelve (12) months of installation.
(3) Where a wall or fence is used, such wall or fence shall be constructed on the
non-residential property, and height of the wall or fence shall be measured from the
finished grade of the non-residential property, whether filled or not. However, in no
case shall a wall exceed eight (8) feet in height as measured from the lowest side.
Buffer walls and fences as required by this section may be constructed to a maximum
h_:e..ight of eight (8) fact, subJ cct to approval of the designated administrative official
upon demonstration that such height is required to provide adequate buffering
between uses.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation.
The removal or damage of a trees and vegetation shall be governed by chapter 23, article II.
No lands shall be cleared or grubbed, and no vegetation on any development site disturbed,
prior to issuance of all required approvals and development permits authorizing such clearing.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-169. Utility structures.
Structures or uses required for public utilities such as gas, water, electric, sewage or
telephone may be located within any zoning district upon recommendation of the community
development board and approval of the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1494
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-170
Sec. 24-170. Satellite dish antenna.
(a) All installations of satellite antenna not regulated by the Federal Telecommunications
Communications Act of 1996 and subsequent revisions shall meet the following minimum
requirements:
(1) Satellite dish antenna shall be considered a structure requiring a development permit
prior to installation. Subsequent to installation, the antenna shall be maintained in
compliance with all applicable building and electrical codes.
(2) Satellite dish antenna installation and any part thereof shall maintain safe vertical
and horizontal clearances from any electrical lines and shall conform to the National
Electrical Code.
(3) Satellite dish antenna installation shall meet all FCC and manufacturer specifica-
tions, rules and requirements.
(4) Satellite dish antenna shall be of a non -reflective surface material and shall be made,
to the fullest extent possible, to conform and blend with the surrounding area and
structures.
(5) Satellite dish antenna shall contain no advertising or signage of any type.
(6) The installer of any satellite dish antenna, prior to installation, shall submit detailed
drawings of the proposed satellite dish antenna installation, including a survey of the
property identifying the proposed location, and foundation details which shall be
certified by the manufacturer or a professional engineer to meet the wind loading as
well as other structural requirements.
(7) Satellite dish antenna may be placed in the required rear yard or side yard of a lot
provided it shall not be placed closer to the front lot line than the existing principal
building.
(8) Satellite dish antenna shall, to the maximum extent possible, be screened from the
view from adjacent streets.
(b) The following standards shall apply to all satellite antenna installations:
(1) Satellite dish antenna shall be considered an accessory structure to the principal
structure on the lot and shall not constitute the principal use of any property.
(2) Satellite dish antenna shall provide service only to the principal structure on the lot
and shall not be used for commercial purposes.
(3) Not more than one (1) satellite dish shall be permitted on any residential lot. On
commercial lots there shall be no limitation as to the number of satellite dish antenna
provided that all the other requirements of this section are met.
(4) The maximum size of the satellite dish antenna, whether ground mounted or pole
mounted, shall be twelve (12) feet in diameter.
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§ 24-170 ATLANTIC BEACH CODE
(5) The maximum height of a pole -mounted dish antenna shall be fifteen (15) feet, as
measured from the adjacent finished grade to the highest projection of the antenna.
(6) The maximum height of a building mounted dish antenna shall not exceed the height
of the building.
(7) A satellite dish antenna with a diameter greater than four (4) feet shall not be installed
on the roof of any structure.
(8) A satellite dish antenna, whether ground or pole mounted, shall be mounted at a fixed
point and shall not be portable.
(c) Nonconforming antenna. Any satellite dish antenna lawfully installed prior to the initial
effective date of these land development regulations shall be allowed to remain, until such
time as such satellite dish or antenna [is] replaced or moved. At the time of replacement or
relocation, the requirements of this section shall be complied with in full.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-171. Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those lands
within all commercial zoning districts that are located along arterial street corridors within
the City of Atlantic Beach. The intent of these additional requirements is to: enhance the
aesthetic and physical appearance of these gateways into the city; enhance and retain property
values; promote appropriate redevelopment of blighted areas; and to create an environment
that is visually appealing and safe for pedestrians, bicycles and vehicular traffic.
(b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial
corridors shall be defined as the lands extending a depth of one hundred (100) feet from the
outer edges of the iights-c way stung Maypuii, I oau and ALlanuc Boulevard, in those zoning
districts designated as commercial general (CG), commercial limited (CL) and commercial,
professional office (CPO). The commercial corridors shall also include the rights-of-way, and in
the case of a single development project within the commercial corridor, which involves parcels
contiguous to the defined commercial corridors, these requirements shall apply to all land that
is part of such development project.
(c) Building form and finish materials. The following general provisions shall apply to all
development in the commercial corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are
prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid
the appearance of a flat roof from the adjoining street.
(2) Open bay doors and other similar large doors providing access to work areas and
storage areas shall not open towards or face the commercial corridors.
(3) The exterior finish of new buildings, and also exterior finish alterations and additions
to the front and any street side, or any side visible from adjoining residential
properties, of existing buildings shall be of brick, wood, stucco, decorative masonry,
Supp. No. 29 1496
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171
exterior insulation and finish systems (EIFS), architectural or split -face type block, or
other finish materials with similar appearance and texture. Metal clad, corrugated
metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall
not be permitted as exterior finish materials on the front and any street side of a
building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors,
windows and architectural detail, shall not be permitted.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that
externally illuminated monument signs are encouraged. To encourage the use of such signs,
those signs constructed of a solid material such as wood, masonry or high-density urethane,
and externally -illuminated in a manner that washes the sign in indirect light from a
fluorescent ground source shall be entitled to a reduction in sign permit fees as set forth within
chapter 17-6.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and
safety. Direct lighting sources shall be shielded or recessed so that excessive light does not
illuminate adjacent properties. Light poles with luminaire that automatically cut-off after
normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed
fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet
in height. Proposed lighting shall be shown on all plans submitted for review.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing
shall be prohibited in any required front yard and in any required yard adjoining a street.
Where such fencing is otherwise placed on a parcel, but remains visible from the commercial
corridor, landscaping shall be installed which substantially conceals such fencing.
Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from
the effective date of these regulations shall be extended during which all fencing shall be made
consistent with the above provisions.
(g) Landscaping and required buffers. The requirements of division 8 of this chapter shall
apply, except that the following additional requirements shall also apply to new development
and to redevelopment that is subject to the requirements of division 8. Required buffers and
landscape materials shall be depicted on all plans submitted for review.
(1) A ten (10) foot wide buffer shall be required along the entire parcel frontage of the
commercial corridors, except for driveways. This buffer shall consist of trees as
required by division 8 and shall also contain a continuous curvilinear row of evergreen
shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of
debris and litter and shall be maintained in a healthy condition.
(2) Along the front of the principal building, a six (6) foot wide area shall be maintained
between the building and the parking area or any walkway. This area shall be used for
landscaping.
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§ 24-171 ATLANTIC BEACH CODE
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only
organic mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape
materials that are drought and heat resistant is strongly encouraged. Unhealthy or
dead landscape materials, including sod and ground covers shall be replaced within
thirty (30) days of written notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers,
provided that required landscape materials are provided.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-172-24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this division, the following terms shall have the meanings as set forth
within this section. Where applicable and appropriate to the context, definitions as set forth
within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and
the requirements of this chapter.
Buffer shall mean the required treatment of areas between different classifications of uses
or incompatible uses. Buffers may incorporate the combinations of landscaping, open space,
fences or walls.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over two
(2) feet high, intended to cover the ground.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and
distribute water to plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass,
ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape
elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or
fountains provided no such landscape element has a solid roof.
Mulch means organic materials customarily used in landscape design to retard erosion and
retain moisture.
Perimeter landscape means a continuous area of land which is required to be installed along
the perimeter of a lot in which landscaping is used to provide a transition between uses and
reduce adverse environmental, aesthetic, and other negative impacts between uses.
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ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177
Shrub means a self-supporting woody perennial plant characterized by multiple stems and
branches continuous from the base naturally growing to a mature height between two (2) and
twelve (12) feet.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading zones and access drives within property located in
commercial and industrial zoning districts.
Xeriscape means water -conserving landscape design utilizing native or drought tolerant
vegetation and water efficient irrigation systems.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-177. Applicability; requirements; buffer design standards; maintenance,
protection and visibility.
(a) Applicability. The provisions of this section shall apply to all new non-residential
development and multi -family development, including property in government use. The
provisions of this section shall also apply when the total cost of alteration, expansion or
renovation of existing such development is equal to or exceeds twenty-five (25) percent of the
current assessed value of the parcel improvements, or when the total square footage of a
structure is expanded by more than twenty-five (25) percent as well as when any cumulative
expansions total more than twenty-five (25) percent. Construction costs shall be determined in
accordance with the building evaluation data sheet as established by the Standard Building
Code Council International.
(b) Landscape plan required.
(1) Prior to the issuance of any development permit for non-residential development and
multi -family development, a landscape plan shall be approved by the community
development director. For development sites greater than two (2) acres in size, a
landscape plan shall be submitted with preliminary site plans as required by section
24-167(3). The landscape plan shall be prepared by either the owner or a licensed,
registered landscape architect, bearing his seal, or shall be otherwise prepared by
persons authorized to prepare landscape plans or drawings pursuant to Chapter 481,
Part II, Florida Statutes (landscape architecture).
(2) The required landscape plan shall be drawn to scale, including dimensions and
distances, and shall:
a. Delineate the vehicular use areas, access aisles, driveways, and similar features.
b. Indicate the location of sprinklers or water outlets and back flow prevention
devices.
c. Designate by name and location the plant material to be installed or preserved in
accordance with the requirements of this part. The use of xeriscape landscape
materials and methods is strongly encouraged.
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§ 24-177 ATLANTIC BEACH CODE
d. Identify and describe the location and characteristics of all other landscape
materials to be used.
e. Show all landscape features, including areas of vegetation required to be
preserved by law, in context with the location and outline of existing and proposed
buildings and other improvements upon the site, if any;
f. Include a tabulation clearly displaying the relevant statistical information
necessary for the director to evaluate compliance with the provisions of this part.
This includes gross acreage, square footage of preservation areas, number of trees
to be planted or preserved, square footage of paved areas, and such other
information as the director may require; and
Indicate all overhead and underground utilities located on the property and in
the right-of-way adjacent to the property to which the landscape plan applies.
This shall include overhead and underground electric service lines to all proposed
buildings.
g.
(c) Vehicular use area interior landscaping requirements.
(1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (WA's)
used for off-street parking, employee parking, auto service stations, service drives, and
access drives within property located within commercial and industrial zoning
districts shall be landscaped.
(2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for
storage areas for new, used or rental vehicles and boats; motor vehicle service facilities;
motor freight terminals; and other transportation, warehousing and truck operations
not generally open to the public shall be landscaped.
(3) Criteria for distribution. Landscape areas shall be distributed throughout the V UA in
such a manner as to provide visual relief from broad expanses of pavement and at
strategic points to channel and define vehicular and pedestrian circulation. Landscape
areas shall contain the following:
a. At least twenty-five (25) percent of the landscape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be
spaced on three-foot spacing.
b. Not less than one (1) tree for every four thousand (4,000) square feet, or fraction
thereof, of the VUA.
(4) Each row of parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five
(35) feet long if a double row of parking. Each terminal island shall contain one (1) tree.
Each side of the terminal island adjacent to a travel lane shall have a continuous
six-inch high curb of concrete or other appropriate permanent material.
(5) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
Supp. No. 29 1500
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177
community development director may approve the location of the required interior
landscape area near the perimeter of the VUA or adjacent to the building on the
property, so long as the landscape area is within twenty (20) feet of the perimeter of the
VUA.
(d) Perimeter landscaping requirements.
(1) Street frontage landscaping. All VGA that are not entirely screened by an intervening
building from any abutting dedicated public street or approved private street, to the
extent such areas are not so screened, shall contain the following:
a. A landscape area of not less than ten (10) square feet for each linear foot of VUA
street frontage, fifty (50) percent of which shall be at least a five -foot -wide strip
abutting the street right-of-way except for driveways. The remaining required
landscape area shall be located within twenty-five (25) feet of the street
right-of-way.
b. A durable opaque landscape screen along at least seventy-five (75) percent of the
street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and
preserved existing under -story vegetation, or combination thereof, may be used
so long as the screen is no less than three (3) feet high measured from the
property line grade. Walls or fences shall be no more than four (4) feet in height
and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds
shall not exceed a slope of three (3) to one (1). No less than twenty-five (25)
percent of street side frontage of walls or fences shall be landscaped with shrubs
or vines.
c. No less than one (1) tree, located within twenty-five (25) feet of the street
right-of-way, for each fifty (50) linear feet, or fraction thereof, of VUA street
frontage. The trees may be clustered, but shall be no more than seventy-five (75)
feet apart. If an overhead power line abuts the street frontage, then the required
trees reaching a mature height greater than twenty-five (25) feet shall be located
at least fifteen (15) feet away from the power line.
d. The remainder of the landscape area shall be landscaped with trees, shrubs,
ground covers, grass, or mulch.
e. Landscape areas required by this section shall not be used to satisfy the interior
landscape requirements; however, the gross area of the perimeter landscaping
which exceeds the minimum requirements may be used to satisfy the interior
landscape requirements.
f. If a utility right-of-way separates the VUA from the public street or approved
private street, the perimeter landscaping requirements of this section shall still
apply.
(2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not
entirely screened by an intervening building from an abutting property, to the extent
such areas are not screened, shall contain the following:
a. A continuous landscape area at least five (5) feet wide between the VUAs and the
abutting property, landscaped with shrubs, ground covers, preserved existing
vegetation, mulch and grass;
Supp. No. 29 1501
§ 24-177 ATLANTIC BEACH CODE
b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge
of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the
VUA abuts the adjacent property. Trees may be clustered, but shall be no more
than seventy-five (75) feet apart.
c. A buffer wall between incompatible land uses as required by subsection (g), if
applicable.
d. If an alley separates the VUA from the abutting property, the perimeter
landscaping requirements shall still apply.
(3) Existing landscape screen. If an existing landscape screen has been established on
abutting property, then it may be used to satisfy the requirements of this section, so
long as the existing landscape screen is abutting the common lot line, and it meets all
applicable standards of this section.
(4) Driveways to streets. The maximum width of any driveway not containing a landscaped
island through the perimeter landscape area shall be thirty-six (36) feet. The
maximum width of any driveway containing a landscaped island through the perim-
eter landscape area shall be forty-eight (48) feet and the driveway shall contain a
landscaped island which measures not less than eight (8) feet in width (from back of
curb to back of curb), surrounded by a six-inch continuous raised curb, or other
alternative approved by the director. In no event shall more than fifty (50) percent of
any street frontage be paved, nor shall the provisions of this section be applied to
reduce the permitted driveway width to less than twenty-four (24) feet.
(5) Driveways to adjoining lots. Driveways may be permitted by the director to adjoining
lots of compatible use.
(6) If a joint driveway easement is provided between adjacent property, then the required
perimeter landscaping for each property shall be provided between the drive and any
other vehicular use areas.
(7) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
community development director may approve the location of the required interior
landscape area.
(e) Buffers required between incompatible or different use classifications.
(1) Where incompatible or different use classifications are adjacent, without an interven-
ing street, a buffer strip shall be required between the such uses. Such buffer strip
shall be at least ten (10) feet in width the entire length of all such common lot lines and
shall be required in the following circumstances:
a. Multiple -family dwelling use or zoning districts, three (3) or more attached units
when adjacent to single-family dwelling(s) or lands zoned for single-family
dwelling.
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ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177
b. Office use or zoning districts, when adjacent to single-family or multiple -family
dwellings, mobile home parks or subdivisions or lands zoned for single-family or
multiple -family dwellings, mobile home parks or subdivisions.
c. Mobile home park use or zoning districts, when adjacent to single-family
dwellings, multiple -family dwellings and office uses, or lands zoned for single-
family dwellings, multiple -family dwellings or offices.
d. Commercial and institutional uses or zoning districts, when adjacent to single-
family dwellings, multi -family dwellings or mobile home parks or mobile home
subdivision uses or lands zoned for single-family dwellings, multi -family dwell-
ings or mobile home parks or mobile home subdivisions.
e. Industrial uses or zoning districts, when adjacent to any non -industrial uses or
zoning districts other than agricultural land uses or zoning districts.
(3) Required buffers shall at a minimum contain the following landscape materials:
a. Trees. The total tree count required within the buffer strip shall be one (1) tree for
each twenty-five (25) linear feet of required buffer strip, or majority portion
thereof.
b. Ground cover. Grass or other ground cover shall be planted on all areas of the
buffer strip.
c. Visual screen. A visual screen running the entire length of common boundaries
shall be installed within the buffer strip, except at permitted access ways. The
visual screen may be a wood or masonry wall, landscaping, earth mounds or
combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1).
If a visual screen which satisfies all applicable standards exists on adjacent
property abutting the property line or exists between the proposed development
on the site and the common property line, then it may be used to satisfy the visual
screen requirements.
d. Prevailing requirement. Whenever parcels are subject to both the perimeter
landscaping requirements and buffer strip requirements of the article, the latter
requirements shall prevail.
e. Hardship. If the community development director determines that the construc-
tion of a landscape buffer area required by this section shall create an unreason-
able hardship, the director may approve a buffer area with a width no less than
five (5) feet, provided such buffer area meets the visual screening requirements
of this section.
(4) The required buffer strip shall not be used for principal or accessory uses and
structures, vehicular use areas, dumpster pads, signs, equipment, or storage. Slopes
within required buffer strips shall not exceed four (4) to one (1).
(f) Landscape design standards.
(1) Minimum tree requirements shall comply with section 23-17(c).
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§ 24-177 ATLANTIC BEACH CODE
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for vehicular use area landscaping may be used to fulfill the tree
requirements of this section.
(4) Standards for landscape materials.
a. Plants and trees shall meet the criteria of chapter 23, section 23-17(e)(2)a.
b. Fifty (50) percent of the trees may be non -shade trees or trees with a mature
canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten
(10) feet overall height. Trees shall not be planted closer than two (2) feet from
any pavement edge or right-of-way line, as measured from center of trunk. Shade
trees shall not be planted closer than four (4) feet from any pavement edge or
right-of-way line, as measured from center of trunk.
c. Palms may be substituted for the required trees at the ratio of two (2) palms for
each required tree or four (4) palms for each required shade tree. Palms shall be
a minimum clear trunk height of eight (8) feet, measured from the ground level
to the base of the palm.
d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an
opaque screen shall be no less than a three -gallon container grown material or
equivalent balled and burlap material.
e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid
sod shall be used on grass areas within street rights-of-way disturbed by
construction, in swales, on slopes of four (4) to one (1) or greater, and on other
areas subject to erosion. When permanent seed is sown during its dormant
season, an annual winter grass shall also be sown for immediate effect and
protection until permanent coverage is ac Lieved.
f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead
leaves and pine straw, shall be applied and maintained in all tree, shrub, and
ground cover planting areas and bare preserved natural areas.
General cleanup. At the completion of work, construction trash and debris shall
be removed and disturbed areas shall be fine -graded and landscaped with shrubs,
ground cover, grass or two (2) inches of mulch.
g.
(g) Maintenance and protection of landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all
landscaped areas, which shall be maintained in good condition so as to present a
healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to
maintain required landscape areas or to replace within thirty (30) days all required
landscaping which is dead, irreparable damaged, or fails to meet the standards of this
section, shall be deemed a violation of these land development regulations and subject
to code enforcement procedures.
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system.
Supp. No. 29 1504
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-186
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of
growth. Trees may be pruned to maintain health and vigor by removal of dead, weak,
damaged or crowded limbs, diseased and insect -infested limbs, and branches which
rub other branches.
(h) Intersection visibility. Where an access way intersects with another access way within
a vehicular use area, or where an access way is located within a vehicular use area, or where
an access way intersects with a street right-of-way, cross visibility within the sight triangle, as
defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above
elevation of adjacent pavement.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-178-24-185. Reserved.
ARTICLE IV. SUBDIVISION REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and intent.
The public health, safety, comfort and welfare require the harmonious, orderly and
progressive development of land. The appropriate and lawful division of land is a vital step in
the progress of the community's development. Once land has been shaped into lots, blocks and
streets, correction of defects is costly and difficult. Substantial public responsibility is created
by each new subdivision, involving the maintenance of streets, drainage, utilities and other
health facilities and the provision of additional public services. In that the general welfare,
health, safety and convenience of the community are directly affected by the use and division
of land, it is in the interest of the public that development be designed and constructed in
accordance with sound rules and proper standards. The purpose and intent of this article is as
follows.
(1) To establish reasonable and equitable standards of design and procedures for the
division and development of land that will encourage stable communities and healthy
living environments, and which preserve environmentally sensitive lands and the
natural beauty of the City of Atlantic Beach.
(2) To ensure that public facilities, utilities and infrastructure will have a sufficient
capacity to serve the residents of land proposed for development and to ensure that
adopted level of service standards as established by the comprehensive plan are not
diminished.
(3) To prevent traffic hazards and to require the provision of safe and convenient vehicular
and pedestrian traffic circulation in land developments, having particular regard to
Supp. No. 29 1505
§ 24-186 ATLANTIC BEACH CODE
the avoidance of congestion in the streets and highways; pedestrian traffic movements
appropriate to the various uses of land and buildings, and to provide for the proper
location, width and design of streets.
(4) To coordinate the establishment of streets, drainage and utilities in an orderly planned
manner to ensure protection of the environment and to promote the general welfare of
the city.
(5) To enhance protection from fire, flood and other dangers.
(6) To provide for adequate light, air, privacy and to prevent the overcrowding of land and
congestion of the population.
(7) To ensure proper legal descriptions and monumentation of subdivided land.
(8) To prevent or reduce the pollution of air, streams and ponds; to ensure the adequacy of
drainage facilities; to safeguard the water quality and resources; and to encourage the
wise use and management of natural resources throughout the jurisdiction of the city
in order to preserve the integrity, stability and beauty of the community and the
natural value of the land.
(9) To provide for open spaces and recreational areas through the most efficient design and
layout of the land.
(10) To guide the future growth and development of the City of Atlantic Beach, in
accordance with the adopted comprehensive plan, this specific provision of this article
and other applicable requirements of these land development regulations.
(Ord. No. (10-03-184, § 2, 12-8.03)
Sec. 24-187. Subdivision and subdivision improvements defined.
(a) Subdivision defined. For the purposes of this article, subdivision shall mean the division
of land into three (3) or more lots or parcels, which may include establishment of new streets
and alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and
utilities. The term subdivision shall also include replat and the division of previously recorded
subdivisions when three (3) or more lots or parcels are created, and when appropriate to the
context, subdivision also relates to the process developing land.
(b) Improvements defined. For the purposes of this article, subdivision improvements may
include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley
pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or
drains, street names, signs, street lights, landscaping, permanent reference monuments
(PRMs), permanent control points (PCPs), monuments, or any other improvement as may be
required by the city commission or these land development regulations.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29
1506
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-190
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or
a replat.
(a) No building permits shall be issued for any land that has been divided, or any lot that
has been created, except in compliance with the requirements of division 2 of this article and
the requirements of Chapter 177, Part I, Florida Statutes. Approval of a final subdivision plat
or a replat shall be required when any of the following conditions result from the division of
land.
(1) The division of any land will create three (3) or more contiguous lots or parcels.
(2) The division of land, or the change to a previously recorded plat, platted lot or lot of
record, will alter an access point, other than a private driveway, change a street as
shown on a recorded plat, or change any area dedicated for shared public use,
recreation, open space, buffering, easement or designated preservation area.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
(a) Building permits may be issued following divisions of land without the need for approval
of a final subdivision plat or a replat only in accordance with each the following provisions.
(1) The division results in no more than two (2) contiguous lots or parcels.
(2) The resultant new lots, comply with the minimum lot area, width and depth, and
access requirements of the applicable zoning district, the comprehensive plan and all
other applicable requirements of these land development regulations.
(3) The division and the resultant new lots shall not create any nonconforming structures
or any other nonconforming characteristic.
(4) Approval by the designated administrative official of a certified survey depicting the
proposed new lots verifying compliance with the above requirements. Such certified
survey shall be submitted to the city and approved prior to recording of a deed for
transfer of ownership of lands, and shall be recorded as an addendum to the deed. It
shall be the responsibility of the property owner(s) to provide evidence of the approved
certified survey along with any application for building permits.
(b) Townhouses and residential dwellings held in fee -simple ownership. Townhouses and
two-family dwellings, when divided in ownership, shall not constitute a division of lands
requiring approval of a final subdivision plat or a replat, provided that such dwellings are
otherwise in compliance with these land development regulations and the comprehensive plan.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
In the case where more than one (1) parcel, platted lot or lot of record has been combined
and developed as a single development parcel, such lots shall not later be developed as a single
Supp. No. 29 1507
§ 24-190 ATLANTIC BEACH CODE
lot, unless all requirements for development as a single lot shall be met, including but not
limited to impervious surface area limitations and provision of all required yards for all
structures.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-191. Waiver.
(a) General. Where the city commission finds that undue hardship due to unreasonable
practical difficulties may result from strict compliance with this article, the city commission
may approve a waiver to the requirements of this article if the waiver serves the public
interest.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission
a written request for the waiver stating the reasons for the waiver and the facts, which support
the waiver. The city commission shall not approve a waiver unless it determines as follows.
(1) The particular physical conditions, shape or topography of the specific property
involved causes an undue hardship to the applicant if the strict letter of the article is
carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property
for which the waiver is sought, are not generally applicable to other property and do
not result from actions of the applicant.
(4) The waiver is consistent with the intent and purpose of this chapter, the comprehen-
sive plan and the requirements of this article. If the city commission approves a
waiver, the city commission may attach such conditions to the waiver as will ensure
that the waiver will comply with the intent and purpose of this article.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-192. Vacation of previously recorded subdivision plats.
An applicant may apply for the vacation of a recorded plat, or a portion of a plat by written
application to which a copy of the plat shall be attached requesting the same to be vacated.
Vacation of plats shall require approval by resolution of the city commission, and such vacation
shall be approved only in accordance with Chapter 177.101, Florida Statutes.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-193-24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
(a) Unlawful division of land. It shall be unlawful for any person to submit a plat, replat,
or certified survey as required by section 24-189, for the subdivision of land to the Clerk of the
Circuit Court of Duval County for the purpose of recording said plat in the Official Records of
Duval County until the plat or replat has been approved in accordance with the provisions of
this article.
Supp. No. 29 1508
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-203
In the event that an unapproved final subdivision plat, replat, certified survey as required
by section 24-189, or any division of land, is recorded, no building permit or other type of
permit authorizing any development shall be issued until such division is approved in
accordance with the requirements of this article.
(b) No final subdivision plat shall be approved, and no building permit shall be issued in the
case that development of such lands will result in a deficiency in the adopted level of service
standard for any public facility as established by the comprehensive plan.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-202. Plat review and approval procedure.
The requirements of each of the following reviews shall be met prior to the recording of a
final subdivision plat or replat, and prior to the issuance of any building permit.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-203. Stage 1 review: Concept plan and information required for review.
(a) Purpose and intent. The concept plan review provides for administrative review by the
planning and zoning, building, utility and public works departments, and other city staff as
may be appropriate. Seven (7) copies of the following information are required to be submitted
along with any application form and the established review fee. (A concept plan review shall
not be required for previously approved planned unit developments.)
(b) Information required for review.
(1) The name, address and contact information of the property owner of record, and proof
of ownership.
(2) The name, address and contact information of the developer or any authorized
agent(s), accompanied by proper owner's authorization.
(3) A current certified survey and legal description.
(4) A proposed conceptual site plan superimposed upon a boundary survey depicting each
of the following.
a. Location and width of all street rights-of-way; pavement width and curb detail.
b. Name and right-of-way width of all existing streets adjoining the proposed
development.
c. Sidewalks, pedestrian pathways and connections to any sidewalks outside of the
proposed development.
d. Lot layout with lot dimensions.
e. Any existing and proposed easements.
f. Any natural features including environmentally sensitive lands, lakes, wetlands
and estuarine environments, natural or manmade waterways or waterbodies,
and any designated floodways.
Supp. No. 29 1509
§ 24-203 ATLANTIC BEACH CODE
(b) Review process. Upon receipt of a complete and proper application containing all above
required information, copies of the concept plan shall be distributed to appropriate depart-
ments for review and comment. Review comments shall be provided to the applicant in writing
within fifteen (15) days of receipt of the complete and proper application.
(c) Time limit. Comments provided as a result of the concept plan review shall remain valid
for a period of six (6) months. In the event that a preliminary plat is not submitted to the city
within this period of time, a re -submittal of the concept plan and review fees shall be required.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-204. Stage 2 review: Preliminary plat and information required for review.
(a) Purpose and intent. The purpose of the preliminary plat review is to determine that
comments resulting from the concept plan review have been addressed and to determine
compliance with the requirements of Chapter 177, Part I, Florida Statutes, the comprehensive
plan and these land development regulations prior to approval of the final subdivision plat or
replat. Eleven (11) copies of the following information shall be submitted to the city along with
the application form and the established review fee.
(b) Information required for review.
(1) A statement addressing how any comments resulting from the concept plan have been
satisfactorily addressed. Failure to fully address such comments may result in
additional review time or rejection of the preliminary plat.
(2) The preliminary plat shall be drawn at a clear and legible scale and shall be prepared
in accordance with the requirements of Section 177.091, Florida Statutes, and shall
further demonstrate compliance with this article and applicable requirements of these
land development regulations. The following information shall be depicted upon the
preliminary plat.
a. Title block. The title or name of the proposed subdivision; the name and address
of the owner of the tract proposed for development, and the name and address of
the engineer and surveyor engaged to prepare and design the preliminary plat.
b. Legend. Date, scale of plat, north arrow, zoning district designation, total number
of lots and minimum lot size.
c. Legal description. A full and detailed legal description of the lands to be platted
and approximate acreage.
d. Vicinity map. A vicinity map, at scale, depicting the proposed subdivision in
relation to the abutting land uses and streets.
e. Abutting subdivisions. All contiguous properties shall be identified by subdivision
title, plan book and page number, or if un -platted, the adjacent land shall be so
designated.
f. The location and proposed name of streets, right-of-way and pavement widths,
both within and immediately contiguous to the lands included in the plat.
Supp. No. 29
1510
g.
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-204
Existing and proposed public or private open space, buffers, natural and
man-made lakes, waterways, water bodies, wetlands and environmentally sen-
sitive lands.
h. Existing and proposed public and private easements shall be shown on the plat.
The purpose for the easement shall be noted on the plat.
i. Parks and recreation dedication. Lands and approximate acreage to be dedicated
pursuant to the requirements of section 24-256 of this article.
Dedications and reservations of all tracts and parcels of land proposed to be
dedicated or reserved for public use, including rights-of-way, roads, easements,
parks, sidewalks, bike or pedestrian trails.
k. Proposed lot lines, with approximate dimensions and lot numbers, shall be
shown.
J.
1. Contour intervals of one (1) foot, except where determined to be unreasonable or
unnecessary by the designated administrative official.
(3) Preliminary engineering drawings. Eleven (11) copies of preliminary engineering
drawings shall be submitted for distribution and review by appropriate city depart-
ments. Preliminary engineering drawings shall depict the general location of the
following.
a. Water system lines and support facilities.
b. Sewer system lines, any lift stations and support facilities.
c. Stormwater and drainage facilities, easements and other such features.
d. Any bulkheads.
e. Street profiles.
f. Sidewalks, bicycle paths and pedestrian paths.
g. Excavation and fill areas including any impacted wetlands.
(c) Review process. Upon receipt of a complete and proper application for the proposed
preliminary plat, copies shall be distributed to appropriate departments for review and
comment. Review comments shall be provided to the applicant in writing within fifteen (15)
days of receipt of the complete and proper application.
Upon completion of review by city departments and verification that the proposed plat is in
general compliance with applicable land development regulations, the proposed subdivision
shall be placed on the agenda of the next meeting of the community development board for
consideration and recommendation. The community development director shall provide to the
community development board all relevant information concerning the proposed plat includ-
ing any outstanding comments from all reviewing departments, officials or agencies. The
community development board shall make a recommendation to the city commission to
Supp. No. 29 1511
§ 24-204 ATLANTIC BEACH CODE
approve the application, deny the application, or approve the application subject to specified
changes based upon the requirements of these land development regulations, the comprehen-
sive plan and other conditions which may be unique to the land proposed for development.
(d) Time limit. An approved preliminary plat shall be valid for twelve (12) months. If the
applicant has failed to obtain final subdivision plat approval within twelve (12) months of
preliminary plat approval, the preliminary plat approval shall expire, and the applicant shall
be required to re -apply in accordance with the provisions of this article.
(e) It shall be unlawful to construct any improvement without approval of a final
subdivision plat and issuance of a valid building permit authorizing development.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-205. Stage 3: Final subdivision plat review and approval.
(a) Purpose and intent. The purpose of the final subdivision plat review is to ensure that the
proposed final subdivision plat meets all requirements of Part I, Chapter 177, Florida
Statutes, all requirements of these land development regulations and other applicable
regulations prior to approval by the city commission and prior to recording. For a period of
twelve (12) months after approval of the preliminary plat, the final subdivision plat may be
filed with the city for approval. In accordance with division 4 of this article, the city
commission may require assurances and security for the construction and maintenance of
required improvements.
(b) Information required for review.
(1) Final subdivision plat review. Eleven (11) copies of the final plat shall be submitted to
the city and shall be prepared in accordance with the design standards and require -
ants estahl shed in thece land development reg ,lations and Part T, and Chapter 177,
Florida Statutes, as may be amended. The final subdivision plat shall be consistent
with the approved preliminary plat.
(2) The final subdivision plat shall be prepared by a registered land surveyor in
accordance with the requirements of Section 177.091, Florida Statutes and shall be
clearly and legibly drawn in black permanent drawing ink. The final subdivision plat
shall be drawn on eighteen (18) by twenty-six (26) inch mylar or as required for
recording in the Official Records of Duval County. The final subdivision plat may be on
several sheets, and each sheet shall contain an index delineating that portion of the
subdivision shown on that sheet in relation to the entire subdivision. The final
subdivision plat shall be at the same scale and in the same format as the preliminary
plat. The final subdivision plat shall contain sufficient data to readily determine and
accurately locate on the ground the location, bearing and length of every right-of-way
line, lot line, easement boundary line and black line, including the radii, area and
central angles of all curves. The following shall also be included.
a. Boundary survey and title certification as required by Florida Statutes, Chapter
177.041.
Supp. No. 29 1512
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-205
b. Name of new subdivisions and replats. As required by Florida Statutes, Chapter
177.051, every new final subdivision plat, and any section, unit or phase therein,
as well as any replat of a previously recorded final subdivision plat, shall be given
a name by which the subdivision shall be legally known.
c. Every final subdivision plat shall be prepared, signed and sealed by a registered
land surveyor as required by Florida Statutes, Chapter 177.061.
d. Dedication of improvements. All public improvements or property designated for
public purpose on any final subdivision plat, including but not limited to, all
streets, alleys, easements, rights-of-way, parks, recreation amenities, open space,
buffers and protected areas shall be expressly dedicated on the face of the final
subdivision plat. In addition, the final subdivision plat shall contain a statement
of dedication to the city, other appropriate government units or public utilities for
all water lines, sewer lines, pumping stations, electrical power lines, fiber optic,
digital or cable television lines, gas lines and any other public utility service lines
and appurtenances located within the tract prior to recording.
e. Any special conditions, including building restriction lines that may exceed the
zoning district minimum yard requirements, or other unique requirements shall
be noted on the final subdivision plat.
f. If required, assurance for the performance of construction, completion, mainte-
nance and warranty of all improvements shall be submitted as set forth within
division 4 of this article.
(3) Approval or denial by city commission. Upon receipt of all required information, the
community development director shall, within thirty (30) days, schedule the final
subdivision plat for public hearing before the city commission. The community
development director shall forward all relevant information to the city commission for
its consideration. The city commission, after considering all comments shall approve,
deny or approve subject to specified conditions, the final plat for recording, based upon
compliance with the required certifications and security requirements and with the
other requirements and provisions of this article and other applicable policies,
ordinances, laws and regulations.
If substantial changes to lot, block or street layout or lot size occur at any time after the
consideration by the community development board, another review by that board shall be
conducted prior to submittal of the final subdivision plat to the city commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the city commission, said final
subdivision plat shall be signed by the mayor and shall then be entitled to be recorded
under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the
final subdivision plat shall be deemed provisional acceptance by the city of said public
improvements and other public areas dedicated to the city. Final acceptance of all
public improvements shall occur upon the submission to the city commission of a valid
Supp. No. 29 1513
§ 24-205 ATLANTIC BEACH CODE
certificate of completion as provided for in section 24-235 of this chapter. The
acceptance of dedications for public purpose shall be affixed to the face of the plat. Four
(4) copies of the recorded final subdivision plat shall be provided to the city.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-206. Construction plans and building permits.
(a) Intent. An applicant shall obtain a single building permit for the construction of all
infrastructure improvements included within the final subdivision plat. The applicant shall
not submit construction plans for subdivision improvements, as required by this article, until
the final subdivision plat is approved and recorded, or before any required performance bonds
or other assurances are secured. The construction plans shall provide security required for the
performance of such construction. Once the improvements are completed, a certificate of
completion shall be issued, and a maintenance bond shall be submitted, as required by this
article.
(b) Required submittals. The applicant requesting a building permit under the above
procedures shall submit to the building department four (4) sets of construction plans designed
in accordance with the requirements of this article for the construction of roads, sidewalks,
bikeways, drainage and stormwater management facilities, utilities, lot filling and other
improvements as required by this article, including a master drainage map and subsoil
investigation report. All construction plans shall be designed, signed and sealed by a
professional engineer who is registered in the State of Florida. Appropriate reviewing
departments shall review construction plans for conformity with the design of the approved
final subdivision plat, the construction specification requirements of this article and any other
applicable state, federal and local land development regulations. Permits from any other state
or federal jurisdiction having permitting authority shall be obtained by the developer and
provided to the city prior to issuance of a building permit.
(c) Sewer and water commitment. The applicant shall provide to the utility director written
confirmation that the utility has approved the plans for the sewer and water system in the
subdivision.
(d) Certification of permanent reference marker location. Prior to the issuance of a building
permit, the applicant shall submit to the designated administrative official a certificate from
a professional land surveyor registered in the State of Florida that a concrete permanent
reference marker has been located in the public right-of-way at a corner point of the
subdivision near the entrance way of the proposed subdivision. The permanent reference
marker shall be identified on the final subdivision plat as the master survey point for the
subdivision and shall be used to establish the grade level for all improvements in the
subdivision.
(e) Issuance of a building permit. After approval by appropriate reviewing departments, the
building official shall issue a building permit for the construction of the required improve-
ments in accordance with the approved construction plans, the final subdivision plat and the
requirements of this article. The building permit shall be posted by the developer in a
conspicuous place in the open at the construction site.
Supp. No. 29 1514
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-221
(f) Term and expiration of building permit. Abuilding permit issued in accordance with this
section shall be void and expired if construction does not commence within one hundred and
eighty (180) days of issuance of said building permit. Upon written request to the city
commission, and upon finding that the developer has demonstrated good cause, the commis-
sion may authorize the building official to extend the building permit for a defined period of
time.
(g) Unlawful to construct without a building permit. It shall be unlawful for any person to
construct any improvement or any part of an improvement within the lands that are part of a
subdivision or a site plan without a valid, unexpired building permit issued under the
provisions of this article. Any person found guilty of violating this section by constructing an
improvement or any part of an improvement within the subdivision without a valid building
permit shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars
($500.00) per day, or imprisonment for a term of not more than sixty (60) days, or by both fine
and imprisonment. Each and every day that a violation exists shall constitute a separate
offense.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-207-24-220. Reserved.
DIVISION 3. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally.
Each subdivision shall contain improvements designed and constructed according to the
requirements and specifications of this article, the comprehensive plan, and applicable
policies, regulations and ordinances of the city and laws of the State of Florida. The following
services and facilities shall be required improvements within subdivisions.
(1) Streets designed and constructed according to the standards and requirements of this
article.
(2) Sidewalks designed and constructed according to the standards and requirements of
this article.
(3) Approved street signs with block or address range numbers as provided for in chapter
6 of this Code, markers, traffic signs and signals to control and circulate traffic within
the subdivision in accordance with the Florida Uniform Manual of Traffic Control
Devices, as published by the Florida Department of Transportation.
(d) Drainage and stormwater management facilities designed and constructed according to
the standards and requirements of this article. The term "drainage," where appropriate, shall
include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side
drains, retention or detention basins, cross drains and canals.
Supp. No. 29 1515
§ 24-221 ATLANTIC BEACH CODE
(e) A sanitary sewer system or an approved individual sewage disposal system in the
absence of access to a central sewer system, based on the requirements of the State of Florida
regulating the sanitary facilities for subdivisions, the provisions of this article or other
applicable policies, laws, ordinances and regulations. (See section 24-260.)
(f) A centralized water system, unless an individual water supply system is permitted,
based upon the required standards of the State of Florida, the provisions of this article and
other applicable policies, laws, ordinances and regulations.
(g) Parks and recreation dedication, as specified in section 24-256 of this article.
(h) Electric, telephone, gas and other utilities shall be constructed underground as specified
in this article and shall be designed so as to minimize obstruction of pedestrian and vehicular
traffic circulation.
(i) Such other improvements as deemed necessary to comply with the requirements of this
article and to protect the public health, safety and welfare because of topography or other
conditions unique to the land.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-222. Planned unit developments (PVDs).
For development of lands as a planned unit development (PUD) in accordance with the
provisions of article III, division 6 of this chapter, the city commission shall have the right to
waive or vary the design, dedication and construction requirements of a planned unit
development, or from any of the provisions of this article if the proposed final development
plan is in conformance with the requirements of division 6 and further provided:
(1) Such waiver does not violate the purpose and intent of this chapter necessary for the
protection of the public health, safety and welfare in the subdivision of land;
(2) All procedures specified in this article for the approval of a final subdivision plat for
recording or the issuance of a certificate of completion, as the case may be, are strictly
adhered to; and
(3) All exhibits, certificates and information, required in this article for the approval of a
preliminary plat, the final subdivision plat and the issuance of a certificate of
completion, are strictly adhered to under the applicable procedures.
(4) No waiver shall be granted to vary minimum right-of-way and paving width require-
ments.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-223-24-230. Reserved.
Supp. No. 29 1516
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-232
DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF
IMPROVEMENTS
Sec. 24-231. Commencement of construction.
Construction of the required improvements within a subdivision may begin upon issuance
of a building permit. Further, such construction may commence only after recording of the final
subdivision plat, and only after any required performance bonds or other assurances are
secured.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-232. Performance security.
(a) The final subdivision plat shall be certified by the developer and countersigned by the
designated administrative official verifying that the developer has complied with one (1) of the
following alternatives.
(1) Cash deposit. The developer shall deposit with the city or place in an account subject
to the control of the city, cash in the full amount of the total sum of engineering and
construction costs for the installation and completion of the required improvements.
The developer shall be entitled to secure draws from such deposits or account as
installation progresses at stages of construction established by the designated admin-
istrative official, but not more frequently than monthly. A draw from the cash deposit
or account shall be made only within thirty (30) days after the developer's engineer has
certified to the city that the cost of improvements installed equals or exceeds the
amount of the draw requested plus any previous draws made and the designated
administrative official has inspected the improvement and authorized the draw. The
city commission shall have the right to reduce the amount of any requested draw to an
amount justified based upon his inspection of the improvements and shall also have
the right to refuse to approve any requested draw so long as the developer fails to be
in compliance with any of the terms and conditions of the plat or plans and
specifications for the improvements. The developer shall be entitled to receive any
interest earned on the deposit or account. The city, after sixty (60) day's written notice
to the developer, shall have the right to use the cash deposit or account for the
completion of the improvements in the event of default by the developer or failure of
the developer to complete the improvements within the time required by the resolution
approving the final subdivision plat and after any extensions granted have expired.
(2) Personal bond with letter of credit. The developer shall furnish to the city his personal
bond secured by an unconditional and irrevocable letter of credit in an amount equal
to the total of engineering and construction costs for the installation and completion of
the required improvements, which letter of credit shall be issued by a state or United
States banking institution to the city. The letter of credit shall be in the form approved
by the city attorney. During the process of construction, the city commission may
reduce the dollar amount of the personal bond and letter of credit on the basis of work
completed. The city, after sixty (60) days' written notice to the developer, shall have the
Supp. No. 29 1517
§ 24-232 ATLANTIC BEACH CODE
right to use any funds resulting from drafts on the letter of credit for the completion
of the improvements in the event of default by the developer or failure of the developer
to complete such improvements within the time required by the resolution approving
the final subdivision plat or after any extensions granted have expired.
(3) Surety bond. The developer shall furnish to the city a surety bond in the form and by
a surety approved by the city attorney guaranteeing that within the time required by
the resolution approving the final subdivision plat, all work required shall be
completed in full accordance with the final subdivision plat and all conditions attached
thereto, copies of which shall be attached to and constitute a part of the bond
agreement. The bond shall be in an amount equal to one hundred (100) percent of the
sum of engineering and construction costs. During the process of construction, the
designated administrative official may reduce the dollar amount of the bond on the
basis of work completed. The city, after sixty (60) days' written notice to the developer,
shall have the right to bring action or suit on the surety bond for the completion of the
improvements in the event of default by the developer or failure of the developer to
complete such improvements within the time required by the resolution approving the
final subdivision plat and after any extensions granted have expired.
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2),
or (3) above one (1) or more times; provided, that no extension or renewal thereof, or substitute
thereof, shall have a maturity or expiration date later than the established time for completion
of improvements. The time for completion of improvements shall be as specified within the
resolution approving the plat, or such later time as may be approved by the city commission;
provided, that if the collateral securing the completion of improvements has a maturity or
expiration date shorter than the time for completion, the time for completion shall be deemed
to expire i pnn failure o4 the developer to extend, renew or provide substitute collateral for such
collateral at least ten (10) days before the maturity or expiration date, unless a later time is
approved by the city commission.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-233. Maintenance security.
Where the city is requested to accept maintenance of any public improvement within the
subdivision, a maintenance bond in the amount of one hundred (100) percent of the
construction cost of the improvements shall be filed with the city. Such bond shall provide that
the city shall be indemnified if the developer does not replace or repair any public improve-
ments, which are defective in materials or workmanship or which were not constructed in
compliance with the approved construction plans. The terms of the maintenance bond shall
expire one (1) year after acceptance for maintenance by the city unless the city serves written
notice to the developer that the improvements are defective in material or workmanship or
were not constructed in compliance with the approved construction plans within the one (1)
year.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1518
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-251
Sec. 24-234. Inspections.
(a) As improvements are being constructed within the subdivision, the building official and
authorized staff or consulting engineer shall have the right to inspect improvements. The
building official or authorized representative shall be specifically notified of the commence-
ment and completion of all of the following.
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete structures when steel is in place prior to pouring.
(4) Stabilized sub -grade.
(5) Curb and concrete work.
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the building official of the commencement and completion of the
construction may be good cause for the refusal to issue a certificate of completion.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-235. Issuance of certificate of completion.
Upon completion of construction of all required improvements, the developer shall provide
the building official the following.
(1) A letter stipulating that the construction of the improvements has been completed and
requesting final inspection and approval.
(2) The testing reports and certificates of compliance from material suppliers specified in
this article.
(3) Three (3) sets of as -built construction plans.
(4) Certification from a registered engineer, with his seal affixed, that the improvements
have been constructed in conformity with the approved construction plans.
(5) Upon receipt and review of the above items, and after satisfactory final inspection, a
certificate of completion shall be issued by the building official.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-236-24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required improvements shall be designed by a Florida registered professional engineer.
Construction plans shall be prepared in accordance with applicable local, state and federal
Supp. No. 29 1519
§ 24-251 ATLANTIC BEACH CODE
standards. Construction plans shall be approved by the city prior to construction of improve-
ments, and issuance of a building permit shall constitute approval to commence development.
The requirements within this division shall apply to all improvements and all development, as
set forth herein, including improvements within subdivisions, planned unit developments,
approved site plans, and any other development projects, including individual lots and parcels,
where applicable. Construction plans shall address each of the following requirements and
shall provide sufficient information to demonstrate compliance with all applicable require-
ments of these land development regulations, the Florida Building Code and any other
applicable state or federal regulations.
(1) Conformity to city policies. The division and development of land subject to these
regulations shall be in conformance with the goals, objectives and policies of the
comprehensive plan as well as all other applicable local, state and federal require-
ments regulating the division and development of land.
(2) Use of natural features. The arrangement of lots and blocks and the street system shall
make the most advantageous use of topography, shall preserve mature trees, other
natural features and environmentally sensitive areas, wherever possible.
(3) Soil and flood hazards. A final subdivision plat shall not be approved unless all land
intended for use as building sites can be safely and reasonably used for building
purposes without danger from flood or other inundation, or from adverse soil or
foundation conditions, or from any other menace to health, safety or public welfare. In
particular, lands that are within the one hundred (100) year floodprone areas, as
designated by the Federal Emergency Management Agency, Federal Insurance Admin-
istration, shall not be subdivided and developed until proper provisions are made for
protective flood control measures and stormwater management facilities necessary for
flood -free access to the sites. All lots and building sites shall be developed such that
habitable space is constructed at a minimum finished floor elevation of eight and
one-half (81/2) feet above mean sea level or with two and one-half (21/2) feet free board,
whichever is greater.
Flood protection provisions shall be approved by the designated administrative official
to assure that fill or grade level changes will not alter the natural drainage or
adversely affect other areas downstream through added runoff or adverse impacts to
water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these land development regulations and all design and construction standards
referenced therein, including, but not limited to: Florida Department of Transportation
Drainage Design Manual, Standard Specifications for Road and Bridge Construction, Manual
of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and
Highways.
(e) Paving and drainage engineering plans, which demonstrate compliance with the
stormwater management provisions of section 24-67 of these land development regulations
depicting all necessary elevations, treatment of intersections, design grade of pavement, the
Supp. No. 29 1520
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-252
width of right-of-way, width and type of pavement. Topographic information depicting existing
and proposed ditches, swales, major drainage channels and other drainage facilities and
systems shall also be provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces,
curbs, swales, canals, shoulders, slopes, drainage structures and other items of major
construction.
(2) Profile sheets of all streets and underground structures to be constructed, together
with elevations shown for existing streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a
Florida licensed geotechnical engineer based on field testing of existing soils. Said
design recommendation shall be submitted prior to the commencement of any street
construction or any construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers
as may be required to prevent erosion and displacement of soil or sand, shall be shown
on paving and drainage engineering plans, and shall be installed prior to the
commencement of any land clearing or development.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-252. Streets.
(a) Concept and principles. The character, width, grade and location of all streets and
bridges shall conform to the standards of this division and shall be considered in their relation
to existing and planned streets, to topographical conditions, to public convenience and safety,
and in their appropriate relation to the proposed use of the land to be served by the streets.
(b) Arrangement of streets. The arrangement of new streets within a subdivision or new
development project shall:
(1) Conform with the transportation element of the comprehensive plan.
(2) Be interconnected with the existing street system so as to provide for vehicular
connections between neighborhoods.
(3) New local streets shall be designed in a manner, which discourages use by through
traffic.
(c) Access to paved streets required. Every lot, development parcel or new subdivision shall
have access to a paved street dedicated to public use, which has been accepted and maintained
by the city. It shall be the responsibility of the developer to design, construct and pave streets
in accordance with the requirements of division 5 of this article. A certificate of completion
shall be issued prior to acceptance of any public street by the city and prior to the issuance of
any building permit to develop individual lots or parcels.
(1) Any subdivision of land, which creates more than ten (10) residential lots shall provide
two (2) separate access points, unless other provisions, such as permanent easements,
are made for emergency ingress, and provided that such entrances will not adversely
affect the overall street system.
Supp. No. 29 1521
§ 24-252 ATLANTIC BEACH CODE
(2) New subdivisions, which utilize private security gates or other types of restricted
access, shall provide a universal emergency access system at each entrance.
(d) Private streets providing access to individual lots shall be constructed and maintained
in accordance with division 5 of this article. Provision for the continued private maintenance
of any private street shall be provided to the city prior to issuance of any building permit.
(e) Where the impact of new development can be demonstrated to reduce any transporta-
tion related level of service standard as established by the adopted comprehensive plan,
additional right-of-way may be required by the city to maintain adequate roadway capacity,
public safety or to ensure adequate access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public streets shall
be prohibited except where irrevocable control of such reserve strips is placed with the city.
(g) Intersection of right angles. Streets shall be designed to intersect as nearly as possible
at right angles, and no street shall intersect any other street at less than a sixty (60) degree
angle. Offset intersections, which may be created by new streets, shall be prohibited except
where removal or damage to any private protected tree or public protected tree may be avoided
by such offset intersection.
(h) Property lines rounded at intersections. Property lines at street intersections shall be
rounded with a radius of twenty (20) feet or a greater radius where required by the city. The
city may permit comparable cutoffs or chords in place of rounded corners.
(i) Minimum right-of-way and paving widths. Minimum street right-of-way and paving
widths shall be as follows, unless otherwise indicated or required by law:
STRFRT TYPE
Major Collector Street
Minor Collector Street
Local Street: Without curb and
gutter
Local Street: With curb and
gutter
Cul-de-sacs and loop streets
not exceeding 1500 feet in
length: Without curb and gut-
ter
With curb and gutter
Alley: Commercial
Alley: Residential
RTGT7T-OF_W4Y PAVING_ WIDTH
84 feet
60 feet
60 feet
28 feet
24 feet
20 feet
50 feet 24 feet
60 feet* 20 feet*
50 feet*
30 feet
20 feet
* Required for linear portion of cul-de-sacs and loop streets.
See following paragraph (j) for dimension of turn-arounds.
Supp. No. 29
1522
20 feet*
12 feet
10 feet
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-253
(j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited
except when designed as cul-de-sacs. These streets are limited to one thousand (1,000) feet in
length; however, the city may approve cul-de-sacs of greater lengths, where due to topographic
conditions, design consideration, or number of lots to be located on the same, a greater length
may be deemed necessary. A circular turnaround shall be provided at the terminus of the
cul-de-sac. The circular area shall contain right-of-way with a diameter of not less than
seventy-five (75) feet as measured from adjoining property lines. The diameter of the paved
area shall be not less than sixty (60) feet as measure from edge of curb. The city may authorize
a "T" type design of proper size for vehicular turnaround as required by the director of public
works. Temporary turnarounds shall be provided at the end of streets, which are to be
extended in the later stages or phases of the development.
(k) Street names and house numbers. Street names shall conform to any established street
naming plan of the city. New street names shall not duplicate, or closely approximate
phonetically, in spelling or by use of alternate suffixes such as "lane," "way," "drive," "court,"
"avenue" or "street", the names of existing streets, except that a new street that is an extension
of, or in alignment with an existing street shall bear the same name as that borne by the
existing street. The building official shall, within ten (10) days of conditional approval of the
preliminary plat, assign or cause assignment of address numbers for all lots. The assignment
of the address shall be determined by the building official.
(1) Shared driveways. The use of shared private driveways shall be permitted subject to
provision of a shared access easement or other legally binding agreement between all parties
using such access. A copy of the recorded easement or agreement shall be provided to the city
prior to issuance of a building permit.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-253. Easements.
(a) Utilities. Easements across lots or centered on rear or side lot lines shall be provided for
utilities where necessary, and shall be at least fifteen (15) feet wide and shall extend from
street to street.
(b) Drainage and watercourses. Where a development is traversed by a watercourse, canal,
drainage way, non -navigable channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the lines of the watercourse,
and such further width as will be adequate for the purpose of access for maintenance, and to
provide for the unrestricted flow of the intended volume of water.
(c) Other drainage easements. Other easements may be required for drainage purposes of
such size and location as may be determined by the designated administrative official.
(d) Pedestrian and service easements. Where necessary for safety and convenience, pedes-
trian and service easements or rights-of-way may be required.
(e) No city expense. Easements required by these land development regulations within
proposed developments shall be provided at no expense to the city.
Supp. No. 29 1523
§ 24-253 ATLANTIC BEACH CODE
(f) The abandonment or vacation of beach access easements shall be prohibited.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-254. Blocks.
to:
(a) General. The lengths, widths and shapes of blocks shall be determined with due regard
(1) Provision of adequate building sites suitable to the special needs of the use contem-
plated.
(2) Zoning district requirements as to lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of street and pedestrian
traffic and fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1,200) feet between
intersecting streets, except that the city commission may approve blocks of greater length.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the development and for the type of
development and use proposed. Lot arrangement and design shall be such that all lots shall
provide satisfactory and desirable building sites. Minimum sizes for lots shall be as set forth
within the applicable zoning district requirements. Unless expressly provided for within this
chapter, no residential lot created after the initial effective date of these land development
regulations shall have a width of fess than seventy-five (75) feet at the building restriction tine,
or shall it contain less than seven thousand, five hundred (7,500) square feet unless approved
as part of a planned unit development.
(b) Dimensions. Lot dimensions shall conform to the requirements of article III of this
chapter, and the depth and width of properties reserved or laid out for commercial and
industrial purposes shall be adequate to provide for the off-street service and parking facilities
required by the type of use and development proposed.
(c) Residential corner lots. Corner lots for residential use shall have extra width, greater
than a corresponding interior lot, to accommodate the required building setbacks from any
orientation to both streets.
(d) Street access. All lots shall be provided with satisfactory and permanent access to a
paved public street. No new lot shall be created, which prohibits established access or
reasonable access to an abutting property.
(e) Double frontage lots. Creation of new residential lots having double street frontage shall
be avoided.
Supp. No. 29 1524
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-257
(f) Building restriction lines. The developer shall establish building restriction lines in
accordance with approved final subdivision plat, and such building restriction lines shall be
shown on the recorded plat.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-256. Provision for required recreation.
New subdivisions containing ten (10) or more acres shall be required to provide a minimum
of one (1) acre dedicated for recreation purposes. A requirement of one (1) acre per each ten (10)
acres, or fractional portion thereof, shall be required for new subdivisions exceeding ten (10)
acres in size. A minimum of fifty (50) percent of lands required for recreation shall contain
active recreation facilities such as ball -fields or multi-purpose fields, tennis courts, skateboard
facilities, swimming pools and the like.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-257. Required monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of
curves in streets, and at intermediate points as shall be required by the designated
administrative official.
(b) Permanent reference markers. A sufficient number of permanent reference monuments
shall be set in each residential subdivision, and in no case less than two (2) such monuments
and in no case more than two thousand (2,000) feet apart, either within the tract or on the
exterior boundaries thereof, or both, properly referenced, for both construction and future city
use. The permanent reference monuments shall meet all the specifications set out in Florida
Statutes, Chapter 177.091, and as may be required by the designated administrative official.
(c) Location and construction. The location of all permanent reference monuments shall be
indicated on the final subdivision plat. All iron pipes and pins and permanent reference
monuments shall be of such size, material and length as may be specified by the designated
administrative official.
(d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent
reference monuments.
(e) Time of placement. Permanent reference monuments (PRM) and permanent control
points (PCP) shall be set in accordance with Florida Statutes, Chapter 177.091, except all
monuments including lot corners shall be placed before the developer is released from any
required surety. If no surety bond or personal bond secured by a letter of credit is posted,
monuments including lot corners must be placed prior to acceptance for ownership and
maintenance. Any and all land monuments including lot corners disturbed or destroyed in the
prosecution of construction shall be accurately witnessed and replaced at the developer's
expense upon the completion of construction. The designated administrative official may
accept a certification from the developer's surveyor that the requirements of this division have
been satisfied.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1525
§ 24-258 ATLANTIC BEACH CODE
Sec. 24-258. Clearing and grading of rights-of-way.
The developer shall be required to clear all rights-of-way and to make all grades, including
all grades for streets, alleys and drainage, consistent to grades of the approved construction
plans. All debris shall be removed from rights-of-way. In the interest of the preservation of
existing protected trees, or environmentally sensitive areas, or other natural features, the city
may vary from this section where aesthetic and environmental conditions shall be enhanced.
No rights-of-way shall be cleared prior to approval of construction plans, and issuance of a site
clearing and tree removal or relocation permit as required by chapter 23 of the Code of
Ordinances.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-259. Centralized sewer and water services.
(a) New subdivisions shall be required to provide centralized water and sanitary sewer
systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements
of Chapter 64E-6, Florida Administrative Code. New septic tanks shall further be subject to
the provisions of following section 24-260.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-260. Installation of septic tanks, private wastewater, and on-site sewage
treatment and disposal systems.
(a) New lots or parcels, which are created pursuant to the exemptions from the requirement
for approval and recording of a final subdivision plat or replat as set forth within section
24-189, shall contain a minimum lot area of one (1) acre, exclusive of wetlands, in order to use
private wastewater systamq and gPptie tanks, nr any typo of nn -site sewage treatment and
disposal systems, except that any lot within one hundred (100) feet of any central sewer line
shall be required to connect to central services as required by chapter 22, article III of this
Code without respect to size of the lot or parcel.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 29 1526
[The next page is 19831
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
Added 11-1-11-6
5-00-33 8-28-00 1 2-20
45-00-15 9-11-00 1 20-59
80-00-62 9-25-00 1 22-20
2 22-27
3 22-27.1(a)
4 22-166
5 22-167
95-01-77 1-22-01 1 4-30
80-01-63 2-26-01 1, 2 Added 22-4, 22-5
90-01-170 2-26-01 1 24-167
5-01-34 5-28-01 1 2-361
5-01-35 6-11-01 1 2-80, 2-81
Dltd 2-82
2 Added 2-84-2-87
01-15(Res.) 7- 9-01 1 21-51
58-01-28 10- 8-01 1 2-281(b)
2 2-310.10(b)
5-01-36 11-12-01 1 2-19
90-01-172 11-26-01 2 Added 24-1-24-258
3 Rpld 24-1-24-258
60-01-11 12-10-01 1 17-17
45-01-16 1-14-02 1 20-59
80-01-64 1-14-02 1 22-3
2 22-4
10-02-21 1-28-02 1 3-2
90-02-174 2-11-02 1 24-163(b)(2)
05-02-37 7- 8-02 1 2-2
70-02-15 8-12-02 20-76, 20-77
60-02-12 9- 9-02 2 Added 17-1-17-64
3 Rpld 17-1-17-35
90-02-176 9- 9-02 1 24-66
5-02-38 9-23-02 1 2-368
25-02-33 9-23-02 1 6-37
2 6-59
3 6-77
80-02-65 9-23-02 2 22-335(a)
90-02-177 9-23-02 1 Added 24-69
5-02-39 10-14-02 1 2-20
95-02-79 10-14-02 1-5 Added 23-46-23-50
25-02-32 11-11-02 1 Rpld 6-16-6-23,
6-25-6-28, 6-31,
6-56, 6-76, 6-91,
6-92, 6-141
2 Added 6-16, 6-17
95-02-80 11-11-02 1 12-1(b)
5-02-40 12- 9-02 2-226
Supp. No. 29 2001
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
95-03-83 1-27-03 1 Rpld 5-1-5-31
Added 5-1-5-31
95-03-82 1-27-03 1 Added 5-32
80-02-66 1-27-03 1 22-20
2 22-22
90-03-178 1-27-03 1 Added 24-171
60-03-13 3-24-03 2 17-51
90-03-180 3-24-03 24-67(d)
65-03-32 4-14-03 1 Added 19-5
5-03-41 4-28-03 1 2-316
90-03-182 5-12-03 1 Dltd 24-186-24-258
Added 24-186-24-260
95-03-84 5-27-03 1 Added 13-12
57-03-21 6- 9-03 1 Rpld 15-16, 15-17, 15-
19-15-22
75-03-15 6- 9-03 1 Added 19-6
45-03-17 6-23-03 1 20-59
5-03-42 7-14-03 1 2-141(a), 2-142
2 14-18, 14-19
3 23-19(b)
Added 23-20
60-03-14 7-14-03 17-27, 17-29,
17-64
25-03-34 9-22-03 1 8-5, 8-7, 8-33
2 8-5, 8-33(c)
80-03-67 9-22-03 1 22-27
2 22-166
3 22-167
4 22-174
5 22-29
6 22-4
7 22-2
95-03-85 10-13-03 1 4-11(2), 4-23,
4-24, 4-30(b)(3)
2 4-11, 4-30
3 Rpld 4-22
90-03-184 12- 8-03 2 Dltd 24-1-24-260
Added 24-1-24-260
Supp. No. 29 2002
[The next page is 2043]
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2
13-201 Ch. 9(note)
23.011 Ch. 14(note)
60.05 2-168, 2-169
Ch. 12(note)
Ch. 98 Char., § 38
98.211 Char., § 53
100.181 Char., § 41
100.361 Char., § 56
Ch. 101 Char., § 42
Ch. 112 2-304
Ch. 112, Pt. III Char., § 66
112.061 Ch. 2, Art. VII,
Div. 3(note)
112.181(2) 2-279
2-310.8
112.65 2-285
112.311 Ch. 2, Art. II
(note)
112.3173 2-297
2-310.22
Ch. 119 Char., § 65
Ch. 2(note)
Ch. 161 Ch. 5(note)
161.021 24-17
161.041 6-20(b)(3)
161.053 6-20(b)(3)
6-21(e), (r)
Ch. 162 Ch. 2, Art. V,
Div. 2(note)
7-27
20-54
162.02 2-146
162.05 2-141, 2-142
162.05(4) 2-145
162.06 2-147
162.07 2-143, 2-144
2-147
162.08 2-148
162.09 2-149
162.10 2-150
162.11 2-151
Ch. 163 Char., § 59
Supp. No. 29 2053
14-1(a)
21-302(15)
24-17, 24-48
163.3161 Ch. 14(note)
163.3164 24-17
163.3174 14-22
163.3178 6-27
163.3184 24-5, 24-17
163.3184(15) 24-52(4)
163.3194(1) 24-5, 24-17
Ch. 166 Charter(note)
Char., § 4
Char., § 57
Char., § 59
21-302(9)
Ch. 166, Pt. II Char., § 45
Char., § 60
166.031 Char., § 79
166.041 Char., § 18
24-52
24-132(b)
166.101 Ch. 2, Art. VII
(note)
166.201 Ch. 2, Art. VII
(note)
Ch. 20(note)
166.231 Ch. 20, Art. II
(note)
166.241 2-311
166.0425 Ch. 17(note)
166.0445 24-17
Ch. 170 Ch. 19(note)
Ch. 175 2-272
2-290
175.101 20-77
2-288
175.121 2-288
Ch. 177 24-17, 24-204,
24-205
Ch. 177, Pt. I 24-17,
24-188, 24-204,
24-205
177.27(15) 6-21(j)
177.041 24-205
ATLANTIC BEACH CODE
F.S. Section F.S. Section
Section this Code Section this Code
177.051 24-205 316.1945 Ch. 21(note)
177.061 24-205 21-17
177.091 24-204, 24-205, 316.2045 19-1
24-257 320.823 6-23
177.101 24-192 Ch. 327 Ch. 5(note)
Ch. 180 Ch. 19(note) 335.075 Ch. 19(note)
Ch. 185 2-290 Ch. 367 Ch. 22(note)
2-300, 2-303, Ch. 369 Ch. 5(note)
2-304, 2-309, Ch. 372 Ch. 4(note)
2-310.1, 2-310.4, Ch. 373 Ch. 8(note)
2-310.17, 380.04 24-17
2-310.29 381.006 4-29
185.02(11) 2-301 381.031(1)(g)1 4-29
185.06 2-303 381.031(g)3 Ch. 6, Art. VI
2-310.16 (note)
185.08 20-76 381.261 Ch. 22(note)
185.16(3) 2-310.6 Ch. 386 Ch. 12(note)
185.121 2-288 402.311 24-152(4)
185.185 2-310.22 403.0893 21-302(9), (10)
Ch. 192 Ch. 20(note) 403.413 5-4
193.116 Char., § 58 16-7
196.075 20-82 403.415 Ch. 11(note)
Ch. 205 Char., § 58 413.08 Ch. 3, Art. II(note)
Ch. 20, Art. III Ch. 469 Ch. 6, Art. IV
(note) (note)
205.022 20-51 Ch. 479 Ch. 17(note)
205.042 20-52 20-59
205.043(2) 20-57 479.11 17-42
205.043(3) 20-57 Ch. 481, Pt. II 24-177(b)
205.053 20-54 Ch 489 Ch. 6(note)
205.053(1) 20-53 Ch. 496 18-4(g)(6)
205.063 20-58 20-59
205.196 20-59 496.01 Ch. 18(note)
Ch. 218 Ch. 2, Art. VII Ch. 513 Ch. 10(note)
(note) 513.01 10-1
218.33 2-311 Ch. 514 Ch. 6, Art. VI
Ch. 253 24-17 (note)
253.12 Ch. 5(note) Ch. 538, Pt. I 21-61
286.011 Char., § 14 538.03(1)(a) 21-60
Ch. 2(note) Ch. 552 Ch. 7(note)
309.01 Ch. 5(note) Ch. 553 Ch. 6(note)
Ch. 316 Ch. 21(note) 6-21(p)
21-1 7-32
316.008 Ch. 21(note) Ch. 553, Pt. I 6-16
553.01 Ch. 6, Art. IV(note)
316.008(1)(a) Ch. 21, Art. II 553.15 Ch. 6, Art. III(note)
(note) 553.70 Ch. 6, Art. II(note)
316.195 Ch. 21, Art. II 553.73 7-25
(note) Chs. 561-568 3-1
21-16 561.01 Ch. 3(note)
Supp. No. 29 2054
STATUTORY REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
562.14(1) 3-2 24-111(c)
562.45(2) 3-2 24-114(c)
3-4-3-6 876.05 Char., § 68
590.12 Ch. 7(note) 893.03 13-4
Ch. 633 Ch. 7(note) 13-5
7-32 893.138 2-161
633.35 2-263 893.147 13-5
633.121 Ch. 7(note) 932.701 Ch. 15,
633.171 7-27 Art. II(note)
Ch. 650 Ch. 2, Art. VI, 943.13 2-262
Div. 2(note) 943.14 2-262, 2-301
2-241 943.22 2-262
650.02 2-241 2-301
650.05 Ch. 2, Art. VI, 943.25(8)(a) 15-1
Div. 2(note)
674.105 13-12(a)(4)
Ch. 679, Pt. V 21-63
Ch. 705 Ch. 15,
Art. II(note)
21-24
705.16 Ch. 2,
Art. II(note)
Ch. 760 Ch. 9(note)
760.20 Ch. 9,
Art. II(note)
760.22 9-16
760.23 9-17
760.24 9-18
760.25 9-22
760.29 9-23
760.37 9-24
Ch. 767 Ch. 3,
Art. II(note)
4-26
767.12 4-12(1--4)
768.28 2-1(b)(1)
775.082 4-12(1-3)
775.083 4-12(1-3)
775.084 4-12(3)
Ch. 790 15-22(g)(3)
790.15 13-3
Ch. 791 Ch. 7(note)
7-39
806.13 6-111
22-57
Ch. 823 Ch. 12(note)
Ch. 828 4-5
828.27 4-30
847.001 17-2
24-17
[The next page is 2081]
Supp. No. 29 2055
CODE INDEX
Section
BEACHES (Cont'd.)
Transporting by motorized vehicle 5-7
Sleeping on the beach 5-2
Surfboards 5-5
Vessels. See herein: Sailboats, Catamarans Vessels
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY-
EES
BIDS, BIDDING
Purchasing 2-331 et seq.
See: PURCHASES, PURCHASING
BILLBOARDS. See: SIGNS AND ADVERTISING STRUC-
TURES
BIRD SANCTUARY. See also: ANIMALS AND FOWL
City designated sanctuary; shooting, molesting, etc., birds..
BITES
Dog bites, etc
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
4-4
2-29
BOATS
Boat trailers. See: RECREATIONAL VEHICLES
Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq.
See: BEACHES
BOND ISSUES
Certain ordinances saved from repeal 1-5
BONDS, BAIL
Additional court costs assessed for police training
Forfeited bail bonds 15-1
BONDS, BID
Purchasing procedure, bid deposits or bid bonds 2-333
BOOKS
Obscene matter prohibited 13-6
BOUNDARIES OF ZONING DISTRICTS. See: ZONING
BUDGET
Certain ordinances saved from repeal
Director of finance's duties re
See also: FINANCES
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption
Supp. No. 29 2105
1-5
2-76
6-16
CODE
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Amendments 6-17
Housing code
Adoption 6-120
Nonhabitable major structures; residential dune crossover
structures 6-24
Wastewater system, building sewers and connections
Conformance with building code 22-106
Building official
Flood hazard districts, enforcement of provisions 8-11
Numbering of buildings
Duties of official 6-108
Building permits
Fire prevention and life safety 7-32
Building sewers and connections 22-101 et seq.
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Electrical code 6-31 et seq.
See: ELECTRICAL CODE
Fire prevention and protection 7-1 et seq.
See: FIRE PREVENTION AND PROTECTION
Flood hazard districts 8-1 et seq.
See: FLOOD HAZARD DISTRICTS
Garbage and trash provisions
Removal of lot clearing, contractors' debris; oil and grease 16-12
Housing code
Adoption 6-120
Lctiwiiii , 25icvpuig, cc., in public UUiiuiiig 13-2
Loud and raucous noises 11-2
Mechanical inspections 6-77
Nuisances. See also that subject
Abandoned building rubbish, material, etc 12-1(b)(7)
Permitting buildings to become dangerous, unsafe, etc12-1(b)(8)
Structurally unsound structures, etc. 12-1(b)(6)
Numbering of buildings
Attachment of numbers to buildings 6-107
Building official
Duties 6-108
Removing or defacing 6-111
Required 6-106
Street numbering districts designated 6-109
System of number 6-110
Permits. See herein: Building Permits
Plumbing code 6-56 et seq.
See: PLUMBING CODE
Signs placed on public buildings and structures and within
public parks 17-32
Supp. No. 29 2106
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Wastewater system
Sewer system extensions, construction 22-192, 22-195
Supp. No. 29 2106.1
CODE INDEX
Section
STORMWATER MANAGEMENT (Cont'd.)
Customer base 22-308
Definitions 22-303
Directors 22-306
Enterprise fund 22-309
Findings of fact 22-302
Powers and duties 22-307
Rates and charges
Appeal process 22-337
Definitions 22-333
Enforcement 22-336
Fee schedule 22-335
Findings of fact 22-332
Short title 22-331
Utility fee category 22-334
Violations and penalties 22-336
Short title 22-301
Utility established 22-305
STREAMS. See: WATERCOURSES, WATERWAYS
STREET ADDRESSES
Fire prevention and life safety
Street address identification 7-37
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for 10-2(7)
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Abandoned, wrecked, junked, etc., vehicles
Left unattended on sidewalks 21-25
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Building sewers and connections
Barricading, restoring excavations in streets, sidewalks,
etc 22-111
Closing of streets for various events 19-3
Community development board 14-16 et seq.
See: PLANNING
Definitions 1-2
Digging up streets. See herein: Excavations
Dogs on streets to be leashed, muzzled, etc. 4-25
Dogs or cats running at large on public streets 4-24
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions 21-25(a)(2)
Supp. No. 29 2143
CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Digging up streets prohibited; exception as to public util-
ities; etc. 19-2
Stopping, standing or parking vehicles alongside or oppo-
site any street excavation 21-17(7)
Garbage, trash, etc.
Depositing on streets, etc. 16-7
Historic tree preservation 23-46 et seq.
See: TREES AND SHRUBBERY
Intersections
Sight distance requirements and safety zones 19-5
Loitering, obstructions, etc., in public places 13-2
Minors on streets and in public places 13-151 et seq.
See: MINORS
Mobile home parks and recreational vehicle parks
Requirement for streets 10-2
Naming, renaming
Certain ordinances saved from repeal 1-5
Nuisances. See also that subject
Acts, occurrences and conditions constituting nuisances
and public places 12-1
Discharging water from water -source heat pumps onto
public streets 12-1(b)
Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2)
Numbering of buildings. See also: BUILDINGS AND BUILD-
ING REGULATIONS
Assigning street numbers 6-110
Street numbering districts designated 6-109
Obstructing passage upon public streets, etc 13-2
Obs ,ructions to streets
Stopping, standing or parking vehicles alongside or oppo-
site street excavation or obstruction 21-17(7)
Opening, accepting, etc.
Certain ordinances saved from repeal 1-5
Public place defined 1-2
Safety zones 19-5
Special events 19-4
Closing of streets for various events 19-3
Stopping, standing or parking vehicle
Alongside or opposite street excavation 21-17(6)
On sidewalks 21-17(1)
Subdivision regulations 24-186 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Traffic calming devices 19-6
Vacating
Certain ordinances saved from repeal 1-5
Waterworks system
Extensions of water mains in existing streets 22-38
Supp. No. 29 2144
CODE INDEX
Section
SUBDIVISIONS. See: ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS
Supp. No. 29 2144.1
CODE INDEX
Section
Z
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS
Accessory uses and structures
Supplemental regulations 24-151
Adoption and authority 24-1
Amendments 24-4
Blocks
Subdivision design and construction standards 24-254
Central business district (CBD)
Establishment of districts 24-114
Centralized sewer and water services
Subdivision design and construction standards 24-259
Child care
Supplemental regulations 24-152
Churches
Supplemental regulations 24-153
Clearing and grading of rights-of-way
Subdivision design and construction standards 24-258
Commercial corridor development standards
Supplemental regulations 24-171
Commercial general districts (CG)
Establishment of districts 24-111
Commercial limited district (CL)
Establishment of districts 24-110
Commercial, professional and office (CPO)
Establishment of districts 24-109
Conservation districts (CON)
Establishment of districts 24-103
Display and sale of merchandise outside of an enclosed
building
Supplemental regulations 24-154
Dumpsters, garbage containers and refuse collection areas
and above -ground tanks
Supplemental regulations 24-160
Establishments offering dancing or live entertainment
Supplemental regulations 24-155
Easements
Subdivision design and construction standards 24-253
Fences
Commercial corridor development standards 24-171(f)
Supplemental regulations
Allowable height of fences and walls 24-157
Swimming pools 24-164(c)
Guardhouses and security buildings
Supplemental regulations 24-158
Home occupations
Supplemental regulations 24-159
Supp. No. 29 2159
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Industrial, light and warehousing districts (ILW)
Establishment of districts 24-112
Installation of septic tanks, private wastewater, and on-site
sewage treatment and disposal systems
Subdivision design and construction standards 24-260
Jurisdiction 24-3
Land clearing, tree removal or damage to existing trees and
vegetation
Supplemental regulations 24-168
Landscaping and buffers
Commercial corridor development standards 24-171(g)
Language and definitions
Construction of language 24-16
Definitions 24-17
Legal status and consistency with the comprehensive plan 24-5
Lights and lighting
Commercial corridor development standards 24-171(e)
Service stations 24-165(d)
Swimming pools 24-164(a)
Lots
Subdivision design and construction standards 24-255
Off -Street parking and loading
Supplemental regulations 24-161
Parking lots
Supplemental regulations 24-162
Purpose and intent 24-2
Residential general, multi -family (RG -2 and RG -3)
E9t9hlishment of dgt. ir±G24-107
Residential general, two-family districts (RG -1 and RG -1A)
Establishment of districts 24-106
Residential mobile home districts (RMH)
Establishment of districts 24-108
Residential, single-family districts (RS -1)
Establishment of districts 24-104
Residential, single-family districts (RS -2)
Establishment of districts 24-105
Satellite dish antenna
Supplemental regulations 24-170
Service stations
Supplemental regulations 24-165
Signs
Commercial corridor development standards 24-171(d)
Supplemental regulations 24-166
Special purpose district (SP)
Establishment of districts 24-113
Streets
Subdivision design and construction standards 24-252
Supp. No. 29 2160
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Subdivision regulations
Application procedure
Construction plans and building permits
Certification of permanent reference marker location 24-206(d)
Intent 24-206(a)
Issuance of a building permit 24-206(e)
Required submittals 24-206(b)
Sewer and water commitment 24-206(c)
Term and expiration of building permit 24-206(0
Unlawful to construct without a building permit 24-206(g)
General requirements 24-201
Plat review and approval procedure 24-202
Stage 1 review: Concept plan and information required
for review
Information required for review 24-203(b)
Purpose and intent 24-203(a)
Review process 24-203(c)
Time limit 24-203(d)
Stage 2 review: Preliminary plat and information re-
quired for review
Information required for review 24-204(b)
Purpose and intent 24-204(a)
Review process 24-204(c)
Time limit 24-204(d)
Stage 3: Final subdivision plat review and approval
Information required for review 24-205(b)
Purpose and intent 24-205(a)
Assurance for completion and maintenance of improve-
ments
Commencement of construction 24-231
Inspections 24-234
Issuance of certificate of completion 24-235
Maintenance security 24-233
Performance security 24-232
Design and construction standards
Blocks 24-254
Centralized sewer and water services 24-259
Clearing and grading of rights-of-way 24-258
Easements 24-253
General requirements 24-251
Installation of septic tanks, private wastewater, and
on-site sewage treatment and disposal systems 24-260
Lots
Building restriction lines 24-255(0
Dimensions 24-255(b)
Double frontage lots 24-255(e)
General 24-255(a)
Residential corner lots 24-255(c)
Supp. No. 29 2161
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Street access 24-255(d)
Provision for required recreation 24-256
Required monumentation
Iron pipes 24-257(a)
Location and construction 24-257(c)
Lot corners 24-257(d)
Permanent reference markers 24-257(b)
Time of placement 24-257(e)
Streets 24-252
Exemptions from the requirement for approval and record-
ing of a final subdivision plat or replat 24-189
Multiple lots and parcels treated as a single development
parcel 24-190
Purpose and intent 24-186
Required improvements
Generally 24-221
Planned unit developments (PUDs) 24-222
Requirements for approval and recording of a final subdi-
vision plat or a replat 24-188
Subdivision and subdivision improvements defined
Improvements defined 24-187(b)
Subdivision defined 24-187(a)
Vacation of previously recorded subdivision plats 24-192
Waiver
Conditions of waiver 24-191(b)
General 24-191(a)
Swimming pools
S ,pp1ementn1 regnlatinm24_164
Utility structures
Supplemental regulations 24-169
Zoning regulations
Administration
Appeals
Community development board, appeals of decisions
of the 24-50(2)
Community development director, appeals of admin-
istrative decisions of the 24-50(1)
Stay of work 24-50(3)
City commission 24-46
Community development board 24-49
Community development director 24-47
Local planning agency 24-48
Notice of public hearings 24-52
Vested rights
Appeals of vesting determinations 24-51(c)
Determination of vested rights 24-51(a)
Expiration of vested rights 24-51(b)
Supp. No. 29 2162
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Application procedures
Amendment and repeal 24-61
Change in zoning district classification 24-62
Development, construction and storage within zoning
districts 24-65
All structures 24-65(c)
Temporary construction trailers or structures 24-65(a)
Temporary storage structures and uses 24-65(b)
Development review and issuance of development per-
mits
Approval of site plans 24-67(d)
Expiration of approved construction plans 24-67(e)
Expiration of development permits 24-67(f)
Procedures 24-67(b)
Purpose 24-67(a)
Site plan required 24-67(c)
Fees 24-69
Land clearing 24-68
Stormwater, drainage, storage and treatment require-
ments
Enforcement 24-66(f)
Flood plain storage 24-66(c)
NPDES requirements 24-66(e)
On-site storage 24-66(b)
Stormwater treatment 24-66(d)
Topography and grading 24-66(a)
Use -by -exception 24-63
Variances 24-64
Establishment of districts
Central business district (CBD)
Building restrictions 24-114(f)
Intent 24-114(a)
Minimum lot or site requirements 24-114(d)
Minimum yard requirements 24-114(e)
Permitted uses 24-114(b)
Right-of-way lease restrictions 24-114(g)
Uses -by -exception 24-114(c)
Commercial general districts (CG)
Building restrictions 24-111(f)
Intent 24-111(a)
Minimum lot size 24-111(d)
Minimum yard requirements 24-111(e)
Permitted uses 24-111(b)
Uses -by -exception 24-111(c)
Commercial limited district (CL)
Building restrictions 24-110(f)
Intent 24-110(a)
Minimum lot size 24-110(d)
Supp. No. 29 2163
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Minimum yard requirements 24-110(e)
Permitted uses 24-110(b)
Uses -by -exception 24-110(c)
Commercial, professional and office (CPO)
Building restrictions 24-109(g)
Intent 24-109(a)
Limitations 24-109(c)
Minimum lot or site requirements 24-109(e)
Minimum yard requirements 24-109(f)
Permitted uses 24-109(b)
Uses -by -exception 24-109(d)
Conservation districts (CON)
Buffers required from wetlands 24-103(f)
Building restrictions 24-103(g)
Intent 24-103(a)
Minimum lot size 24-103(d)
Minimum yard requirements 24-103(e)
Permitted uses 24-103(b)
Uses -by -exception 24-103(c)
Industrial, light and warehousing districts (ILW)
Building restrictions 24-112(0
Intent 24-112(a)
Minimum lot size 24-112(d)
Minimum yard requirements 24-112(e)
Permitted uses 24-112(b)
Uses -by -exception 24-112(c)
Intent and purpose 24-101
Residential general, multi -family (RG -2 and RG -3)
Building restrictions 24-107(0
Intent 24-107(a)
Minimum lot size 24-107(d)
Minimum yard requirements 24-107(e)
Permitted uses 24-107(b)
Uses -by -exception 24-107(c)
Residential general, two-family districts (RG -1 and RG -
1A)
Building restrictions 24-106(0
Intent 24-106(a)
Minimum lot size 24-106(d)
Minimum yard requirements 24-106(e)
Permitted uses 24-106(b)
Uses -by -exception 24-106(c)
Residential mobile home districts (RMH)
Building restrictions 24-108(0
Intent 24-108(a)
Minimum lot size 24-108(d)
Minimum yard requirements 24-108(e)
Permitted uses 24-108(b)
Supp. No. 29 2164
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Uses -by -exception 24-108(c)
Residential, single-family districts (RS -1)
Building restrictions 24-104(f)
Intent 24-104(a)
Minimum lot size 24-104(d)
Minimum yard requirements 24-104(e)
Permitted uses 24-104(b)
Uses -by -exception 24-104(c)
Residential, single-family districts (RS -2)
Building restrictions 24-105(f)
Intent 24-105(a)
Minimum lot size 24-105(d)
Minimum yard requirements 24-105(e)
Permitted uses 24-105(b)
Uses -by -exception 24-105(c)
Special purpose district (SP)
Building restrictions 24-113(g)
Existing savage yards 24-113(c)
Intent 24-113(a)
Minimum lot or site requirements 24-113(e)
Minimum yard requirements 24-113(f)
Permitted uses 24-113(b)
Special requirements 24-113(h)
Uses -by -exception 24-113(d)
Zoning districts established 24-102
General provisions and exceptions
Design and construction standards for two-family (du-
plex) dwellings and townhouse units 24-87
Double frontage lots
Generally 24-84(a)
Special treatment of Ocean Boulevard lots with dou-
ble frontage 24-84(c)
Special treatment of ocean -front lots on Beach Avenue 24-84(b)
Garage apartments (as allowed in combination with
private garages) 24-88
General restrictions upon land, buildings and structures
Density 24-82(e)
Duplicates or externally similar dwellings 24-82(h)
Flood protection 24-82(k)
Height 24-82(c)
Minimum floor area for residential dwelling units24-82(j)
Number of buildings allowed on a single-family or
two-family (duplex) lot 24-82(b)
Open space use limitation 24-82(f)
Percentage of lot occupancy 24-82(d)
Required lot and occupancy 24-82(g)
Temporary residence 24-82(i)
Use 24-82(a)
Supp. No. 29 2165
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Nonconforming lots, uses and structures
Intent 24-85(a)
Nonconforming lots of record 24-85(b)
Nonconforming structures 24-85(c)
Nonconforming uses 24-85(d)
Required yards and permitted projections into required
yards
Mechanical equipment 24-83(c)
Required yards 24-83(a)
Structural projections 24-83(b)
Rules for determining boundaries 24-81
Special treatment of lawfully existing residential uses
affected by future amendments to the official zoning
map or amendments to the land development regu-
lations
Amendments to the land development regulations 24-86(b)
Changes to the official zoning map 24-86(a)
Landscaping
Applicability; requirements; buffer design standards;
maintenance, protection and visibility
Applicability 24-177(a)
Buffers required between incompatible or different
use classifications 24-177(e)
Intersection visibility 24-177(h)
Landscape design standards 24-177(f)
Landscape plan required 24-177(b)
1Vlaintenance and protection of landscaping 24-I'17(g)
Perimeter landscaping requirements 24-177(d)
Vehicular use area interior landscaping requirements 24-177(c)
Definitions 24-176
Permitted uses
Central business district (CBD) 24-114(b)
Commercial general districts (CG) 24-111(b)
Commercial limited district (CL) 24-110(b)
Commercial, professional and office (CPO) 24-109(b)
Conservation districts (CON) 24-103(b)
Industrial, light and warehousing districts (ILW) 24-112(b)
Planned unit development (PUD) 24-129(a)
Residential general, multi -family (RG -2 and RG -3) 24-107(b)
Residential general, two-family districts (RG -1 and RG -
1A) 24-106(b)
Residential, single-family districts (RS -1) 24-104(b)
Residential, single-family districts (RS -2) 24-105(b)
Residential mobile home districts (RMH) 24-108(b)
Special purpose district (SP) 24-113
Supp. No. 29 2166
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Planned unit development (PUD)
Adoption of ordinance creating a planned unit develop-
ment
Action by the city commission 24-132(a)
Expiration of time limits provided in ordinance 24-132(d)
Minor deviations 24-132(c)
Procedure for adoption 24-132(b)
Application and review procedures
Action by the community development board 24-131(b)
Review by community development director 24-131(a)
Application for rezoning to planned unit development
Information required 24-130(a)
Materials to accompany applications 24-130(b)
Community facilities 24-135
Development standards and criteria
Access 24-134(e)
Density of development 24-134(a)
In -fill development 24-134(g)
Open space 24-134(b)
Privacy 24-134(f)
Supporting legal documents for open space 24-134(d)
Waiver of yard, type of dwelling unit, and building
restrictions 24-134(c)
Implementation of a planned unit development
Approval of development plan 24-133(c)
Development plan 24-133(a)
Permits 24-133(d)
Record plans 24-133(b)
Intent 24-127
Permitted uses and site requirements
Permitted uses 24-129(a)
Site requirements 24-129(b)
Purpose 24-126
Purpose and planned unit development defined 24-128
Requirements of this division 24-136
Scope 24-31
Supplemental regulations
Accessory uses and structures
Accessory uses by zoning district 24-151(b)
Authorization 24-151(a)
Allowable height of fences and walls 24-157
Child care 24-152
Churches 24-153
Commercial corridor development standards
Building form and finish materials 24-171(c)
Delineation of commercial corridors 24-171(b)
Fences 24-171(0
Intent 24-171(a)
Supp. No. 29 2167
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Landscaping and required buffers 24-171(g)
Lighting 24-171(e)
Signs 24-171(d)
Display and sale of merchandise outside of an enclosed
building 24-154
Dumpsters, garbage containers and refuse collection
areas and above -ground tanks 24-160
Establishments offering dancing or live entertainment24-155
Exceptions to height limitations 24-156
Guardhouses and security buildings 24-158
Home occupations 24-159
Land clearing, tree removal or damage to existing trees
and vegetation 24-168
Off -Street parking and loading
Design requirements 24-161(0
General 24-161(a)
Location of required parking spaces 24-161(e)
Measurement 24-161(c)
Off-street loading spaces 24-161(h)
Parking space requirements 24-161(g)
Plans required 24-161(b)
Uses not specifically mentioned 24-161(d)
Parking lots 24-162
Required buffers between residential and non-residen-
tial uses 24-167
Satellite dish antenna 24-170
Service stations
Access to site 24-165(b)
Lighting 24-165(d)
Location of pumps and structures 24-165(c)
Lot dimensions 24-165(a)
Signs 24-166
Storage and parking of commercial vehicles and recre-
ational vehicles and equipment and repair of vehi-
cles in residential zoning districts 24-163
Swimming pools
Fences 24-164(c)
Lights 24-164(a)
Setbacks 24-164(b)
Utility structures 24-169
Supp. No. 29 2168