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AB Code Supplement 46• SUPPLEMENT NO. 46 September 2020 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. 70-20-20, enacted August 10, 2020. See the Code Comparative Table—Ordinances for further information. Included in the Charter is: Ordinance No. 12-16-5, enacted January 25, 2016. See the Charter Comparative Table for further information. Remove Old Pages Insert New Pages iii iii ix—xiv ix—xiv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 5, 6 5-6.1 91 91 188.85-188.87 188.85-188.87 354.1, 354.2 354.1-354.3 995-1013 995-1018 1108.1, 1108.2 1108.1, 1108.2 1179, 1180 1179, 1180 1221, 1222 1221, 1222 1225-1230 1225-1230.5 1403-1545 1403-1623 2011 2011, 2012 2053-2056 2053-2056 2117, 2118 2117, 2118 2125-2136 2125-2135 2151-2160 2151-2160.1 2165-2170 2165 2170 INSTRUCTION SHEET—Coned. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode * Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316 info@municode.com 800.262.2633 www.municode.com • • OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA Ellen Glasser Mayor Brittany Norris Mayor Pro Tem / Commissioner Cindy Anderson Candace Kelly M. Blythe Waters City Commissioners Brenna Durden Lewis, Longman & Walker, P.A. City Attorney Shane Corbin City Manager Donna L. Bartle City Clerk Supp. No. 46 iii TABLE OF CONTENTS Page Officials of the City iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [11 Supplement History Table SH: 1 PART 1 CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers .. 5 Art. II. The Commission 6.1 Art. III. The City Manager 11 Art. IV. The City Clerk 13 Art. V. City Attorney 14 Art. VI. Department of Public Safety 15 Art. VII. Budget 15 Art. VIII. Department of Finance 15 Art. IX. Elections 16 Art. X. Initiative and Referendum 18 Art. XI. Recall Elections 21 Art. XII. Franchises 21 Art. XIII. Tax Administration 22 Art. XIV. Zoning 22 Art. XV. Municipal Borrowing 23 Art. XVI. Suits Against the City 23 Art. XVII. General and Miscellaneous Provisions 23 Art. XVIII. When Act Takes Effect 27 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 158.3 Art. II. City Commission 158.4 Art. III. City Manager 162.4 Supp. No. 46 ix ATLANTIC BEACH CODE Chapter Page Art. IV. Departments 162.4 Div. 1. Generally 162.4 Div. 2. Police Department 162.4 Div. 3. Fire Department 163 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. Special Magistrate 167 Div. 3. Reserved 172.4 Art. VI. Employee Benefits 172.4 Div. 1. Generally 172.4 Div. 2. Old -Age and Survivors Insurance 172.5 Div. 3. General Employees' Retirement System174 Div. 4. Police Officers' Retirement System 188.30 Div. 5. Defined Contribution Plan 188.84 Art. VII. Finance 188.86 Div. 1. Generally 188.86 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 194 Div. 4. Service and User Charges 198 Art. VIII. Emergency Management 199 Div. 1. Generally 199 Div. 2. Comprehensive Emergency Management Plan 199 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 301 Art. II. Dogs and Cats 315 Art. III. Backyard Hens 320 5. Beaches and Parks 353 Art. I. In General 354.1 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 Art. IV. Sea Turtle Protection 359 6. Buildings and Building Regulations 407 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 418.1 Art. IV. Plumbing Code 418.4 Art. V. Mechanical Code 418.6 Art. VI. Reserved 418.8 Art. VII. Numbering of Buildings 419 Art. VIII. Property Maintenance Code 421 Art. IX. Reserved 422 Art. X. Amusement Device Code 422 Supp. No. 46 x • • • • • • TABLE OF CONTENTS—Cont'd. Chapter Page 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. Administration 524.1 Div. 1. General—Applicability—Duties and Powers of the Floodplain Administrator—Permits— Site Plans and Construction Documents— Inspections—Variances and Appeals— Violations 524.1 Subdiv. I. In General 524.1 Subdiv. II. Applicability 524.2 Subdiv. III. Duties and Powers of the Floodplain Administrator 525 Subdiv. IV. Permits 528 Subdiv. V. Site Plans and Construction Docu- ments 531 Subdiv. VI. Inspections 534 Subdiv. VII. Variances and Appeals 535 Subdiv. VIII. Violations 537 Art. II. Definitions 538 Art. III. Flood Resistant Development 544 Div. 1. Buildings and Structures, Subdivisions, Site Improvements, Manufactured Homes, Recreational Vehicles and Park Trailers, Tanks, Other Development 544 Subdiv. I. Buildings and Structures, Subdivi- sions, Site Improvements 544 Subdiv. II. Manufactured Homes 547 Subdiv. III. Recreational Vehicles and Park Trailers 549 Subdiv. W Tanks 549 Subdiv. V. Other Development 550 9. Human Relations 577 Art. I. In General 579 Art. II. Fair Housing 583 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 794.2 Art. III. Sexual Offenders and Sexual Predators 797 Art. IV Convenience Business Security Act 797 14. Planning/Zoning/Appeals 839 Art. I. In General 840.1 Supp. No. 46 xi ATLANTIC BEACH CODE Chapter Page Art. II. Community Development Board 841 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property891 16. Solid Waste and Recycling 943 Art. I. Solid Waste Definitions and Procedures 943 Art. II. Franchise Agreements 952 17. Signs and Advertising Structures 995 Art. I. In General 997 Art. II. Signs Permitted 1003 Art. III. Cause for Removal of Signs, Abandoned Signs and Prohibited Signs 1012 Art. IV. Nonconforming Signs and Variances 1014 Art. V. Sign Permits, Enforcement and Severability 1017 18. Solicitations 1055 19. Streets, Sidewalks and Other Public Places 1107 Art. I. General Provisions 1108.1 Art. II. Utility Placement Within City Rights -of -Way 1114 Art. III. Communications Facilities in Public Rights - of -Way 1116 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. Local Business Tax 1160 Art. IV. Insurance Premium Taxes 1178 Art. V. Additional Homestead Exemption 1179 21. Traffic and Motor Vehicles 1221 Art. I. In General 1223 Art. II. Stopping, Standing and Parking on Public Property 1224 Div. 1. Generally 1224 Div. 2. Enforcement 1227 Div. 3. Controlled and Metered Parking 1229 Art. III. Wrecker Service 1230.4 Art. IV Motor Vehicle Title Loans 1230.5 Art. V. Vehicles for Hire 1233 Art. VI. Unregistered and Inoperable Vehicles 1242 22. Utilities 1275 Art. I. In General 1278.1 Art. II. Waterworks System 1278.3 Art. III. Wastewater System 1284.5 Div. 1. Generally 1284.5 Div. 2. Use of Public Sewers Required 1286 Supp. No. 46 xii • • • • • TABLE OF CONTENTS-Cont'd. Chapter Page Div. 3. Private Wastewater Disposal 1288 Div. 4. Building Sewers and Connections 1288.2 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 Art. V. Reclaimed Water System 1308 23. Protection of Trees and Native Vegetation 1351 Art. I In General 1352.1 Art II. Language and Definitions 1352.2 Art. III. Tree and Vegetation Regulations 1360 Div. 1. In General 1360 Div. 2. Administration 1360 Div. 3. Permits 1362 Div. 4. General Provisions 1369 Div. 5. Areas of Special Concern 1377 Div. 6. Violations, Enforcement and Penalties 1377 24. Land Development Regulations 1403 Art. I. In General 1409 Art. II. Language and Definitions 1410 Art. III. Zoning Regulations 1444 Div. 1. In General 1444 Div. 2. Administration 1463 Div. 3. Application Procedures 1480 Div. 4. General Provisions and Exceptions 1493 Div. 5. Establishment of Districts 1526 Div. 6. Special Planned Area District (SPA) 1530 Div. 7. Supplementary Regulations 1577 Div. 8. Landscaping 1590 Art. IV. Subdivision and Site Improvement Regula- tions 1590 Div. 1. Generally 1593 Div. 2. Application Procedure 1600 Div. 3. Required Improvements 1601 Div. 4. Assurance for Completion and Maintenance of Improvements 1604 Div. 5. Design and Construction Standards for All Development and Redevelopment 1611 Art. V. Environmental and Natural Resource Regula- tions 1611 Div. 1. Wellhead Protection 1615 Div. 2. Protection of Wetland, Marsh and Waterway Resources 1618 Art. VI. Concurrency Management System 1618 Div. 1. Concurrency Management System 1405 Supp. No. 46 xiii ATLANTIC BEACH CODE Page 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. 46 xiv • • • • 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 43 23, 24 42 iii 46 25, 26 42 v, vi OC 27, 28 42 vii, viii 1 79 5, Add. ix, x 46 91 46 xi, xii 46 103, 104 OC xiii, xiv 46 105, 106 OC SH:1, SH:2 45 107, 108 13 SH:3 46 155, 156 45 1, 2 42 157, 158 45 3 42 158.1, 158.2 45 5, 6 46 158.3, 158.4 41 6.1 46 159, 160 44 7, 8 42 161, 162 44 9, 10 45 162.1, 162.2 44 I 1, 12 42 162.2.1, 162.2.2 44 13, 14 42 162.3, 162.4 43 15, 16 42 162.5 43 17, 18 45 163, 164 25 19, 20 42 165, 166 32 21, 22 42 167, 168 45 Supp. No. 46 [I] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 169, 170 45 188.41, 188.42 41 171, 172 45 188.43, 188.44 41 172.1, 172.2 45 188.45, 188.46 41 172.3, 172.4 45 188.47, 188.48 41 172.5 45 188.49, 188.50 41 173, 174 40 188.51, 188.52 41 175, 176 44 188.53, 188.54 41 177, 178 44 188.55, 188.56 44 179, 180 45 188.57, 188.58 44 180.1 45 188.59, 188.60 44 181, 182 44 188.60.1 44 183, 184 44 188.61, 188.62 40 184.1 44 188.63, 188.64 40 185, 186 41 188.65, 188.66 40 187, 188 41 188.67, 188.68 40 188.1, 188.2 41 188.69, 188.70 44 188.3, 188.4 41 188.71, 188.72 44 188.5, 188.6 41 188.73, 188.74 44 188.7, 188.8 44 188.75, 188.76 44 188.9, 188.10 44 188.77, 188.78 44 188.11, 188.12 44 188.79, 188.80 44 188.13, 188.14 44 188.81, 188.82 44 188.14.1 44 188.83, 188.84 44 188.15, 188.16 40 188.85, 188.86 46 188.17, 188.18 40 188.87 46 188.19, 188.20 40 189, 190 35 188.21, 188.22 44 191, 192 35 188.23, 188.24 44 193, 194 35 188.25, 188.26 44 195, 196 35 188.27, 188.28 44 197, 198 45 188.29, 188.30 44 199, 200 35 188.31, 188.32 44 201, 202 35 188.33, 188.34 45 203 35 188.35, 188.36 45 245, 246 30 188.36.1 45 247, 248 35 188.37, 188.38 44 299, 300 45 188.39, 188.40 44 301, 302 45 188.40.1, 188.40.2 44 303, 304 45 [2] Supp. No. 46 e • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 305,306 45 479,480 35 306.1, 306.2 45 521, 522 45 307, 308 40 523, 524 45 309, 310 40 524.1, 524.2 45 311,312 40 524.3 45 313, 314 45 525, 526 40 315, 316 45 527, 528 40 317,318 45 529, 530 45 319, 320 45 531, 532 40 321,322 45 533,534 40 323,324 45 535,536 40 353 45 537, 538 40 354.1, 354.2 46 539, 540 40 354.3 46 541, 542 40 355,356 38 543,544 40 357, 358 40 545, 546 45 359, 360 45 547, 548 45 361, 362 45 548.1 45 363 45 547, 548 40 407, 408 35 549, 550 40 409, 410 38 551, 552 40 410.1, 410.2 36 553 40 411,412 35 577 41 413,414 35 579, 580 41 415,416 35 581, 582 41 416.1, 416.2 35 583, 584 41 417,418 37 585, 586 41 418.1, 418.2 37 631, 632 OC 418.3, 418.4 37 683, 684 24 418.5, 418.6 37 685 24 418.7, 418.8 37 735, 736 35 419, 420 27 737, 738 36 421, 422 45 787, 788 39 469,470 35 789,790 39 471, 472 35 791, 792 39 473, 474 45 793, 794 39 475, 476 35 794.1, 794.2 39 477, 478 35 795, 796 32 Supp. No. 46 [31 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 797, 798 38 1115, 1116 44 799, 800 45 1117, 1118 44 839 42 1119, 1120 44 841, 842 45 1121, 1122 44 843, 844 45 1123, 1124 44 845 45 1125, 1126 44 891, 892 31 1127, 1128 44 943, 944 34 1129, 1130 44 945, 946 35 1131, 1132 44 947, 948 35 1133, 1134 44 949, 950 37 1135, 1136 44 951, 952 37 1137, 1138 44 953, 954 40 1139, 1140 44 955, 956 40 1141, 1142 44 957 40 1143,1144 44 995, 996 46 1145, 1146 44 997, 998 46 1147, 1148 44 999, 1000 46 1149, 1150 44 1001, 1002 46 1151, 1152 44 1003, 1004 46 1153, 1154 44 1005, 1006 46 1155, 1156 44 1007, 1008 46 1156.1, 1156.2 44 1009, 1010 46 1156.3, 1156.4 44 1011, 1012 46 1157, 1158 33 1013, 1014 46 1159, 1160 33 1015, 1016 46 1161, 1162 33 1017, 1018 46 1163, 1164 43 1055, 1056 43 1165, 1166 40 1057, 1058 43 1167, 1168 40 1059 43 1169, 1170 40 1107, 1108 44 1171, 1172 40 1108.1, 1108.2 46 1173, 1174 40 1108.3, 1108.4 44 1175, 1176 40 1108.5, 1108.6 44 1177, 1178 40 1108.7 44 1179, 1180 46 1109, 1110 37 1221, 1222 46 1111, 1112 31 1223, 1224 45 1113, 1114 44 1225, 1226 46 [4] Supp. No. 46 • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1227, 1228 46 1311, 1312 41 1229, 1230 46 1313, 1314 41 1230.1, 1230.2 46 1315 41 1230.3, 1230.4 46 1351, 1352 44 1230.5 46 1352.1, 1352.2 44 1231, 1232 45 1353, 1354 42 1233, 1234 45 1355, 1356 42 1235, 1236 45 1357, 1358 42 1237, 1238 45 1359, 1360 42 1239, 1240 45 1361, 1362 42 1241, 1242 45 1363, 1364 42 1243 45 1365, 1366 44 1275, 1276 41 1367, 1368 44 1277, 1278 41 1369, 1370 44 1278.1, 1278.2 41 1371, 1372 37 1278.3, 1278.4 41 1373, 1374 42 1279, 1280 38 1375, 1376 42 1281, 1282 45 1376.1, 1376.2 42 1282.1 45 1376.3, 1376.4 42 1283, 1284 41 1377, 1378 37 1284.1, 1284.2 41 1379, 1380 45 1284.3, 1284.4 41 1381, 1382 45 1284.5, 1284.6 41 1383, 1384 45 1285, 1286 OC 1385, 1386 45 1287, 1288 45 1387, 1388 45 1288.1, 1288.2 45 1403, 1404 46 1289, 1290 OC 1405, 1406 46 1291, 1292 OC 1407, 1408 46 1293, 1294 OC 1409, 1410 46 1295, 1296 45 1411, 1412 46 1297, 1298 45 1413, 1414 46 1298.1, 1298.2 45 1415, 1416 46 1299, 1300 OC 1417, 1418 46 1301, 1302 11 1419, 1420 46 1303, 1304 11 1421, 1422 46 1305, 1306 11 1423, 1424 46 1307, 1308 41 1425, 1426 46 1309, 1310 41 1427, 1428 46 [5] Supp. No. 46 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1429, 1430 46 1505, 1506 46 1431, 1432 46 1507, 1508 46 1433, 1434 46 1509, 1510 46 1435, 1436 46 1511, 1512 46 1437, 1438 46 1513, 1514 46 1439, 1440 46 1515, 1516 46 1441, 1442 46 1517, 1518 46 1443, 1444 46 1519, 1520 46 1445, 1446 46 1521, 1522 46 1117, 1448 46 1523, 1524 46 1449, 1450 46 1525, 1526 46 1451, 1452 46 1527, 1528 46 1453, 1454 46 1529, 1530 46 1455, 1456 46 1531, 1532 46 1457, 1458 46 1533, 1534 46 1459, 1460 46 1535, 1536 46 1461, 1462 46 1537, 1538 46 1463, 1464 46 1539, 1540 46 1465, 1466 46 1541, 1542 46 1467, 1468 46 1543, 1544 46 1469, 1470 46 1545, 1546 46 1471, 1472 46 1547, 1548 46 1473, 1474 46 1549, 1550 46 1475, 1476 46 1551, 1552 46 1477, 1478 46 1553, 1554 46 1479, 1480 46 1555, 1556 46 1481, 1482 46 1557, 1558 46 1483, 1484 46 1559, 1560 46 1485, 1486 46 1561, 1562 46 1487, 1488 46 1563, 1564 46 1489, 1490 46 1565, 1566 46 1491, 1492 46 1567, 1568 46 1493, 1494 46 1569, 1570 46 1495, 1496 46 1571, 1572 46 1497, 1498 46 1573, 1574 46 1499, 1500 46 1575, 1576 46 1501, 1502 46 1577, 1578 46 1503, 1504 46 1579, 1580 46 [6] Supp. No. 46 • • • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1581, 1582 46 2053, 2054 46 1583, 1584 46 2055, 2056 46 1585, 1586 46 2081, 2082 42 1587, 1588 46 2083, 2084 42 1589, 1590 46 2085, 2086 42 1591, 1592 46 2087, 2088 42 1593, 1594 46 2101, 2102 45 1595, 1596 46 2103, 2104 45 1597, 1598 46 2105, 2106 45 1599, 1600 46 2107, 2108 45 1601, 1602 46 2109, 2110 45 1603, 1604 46 2111, 2112 45 1605, 1606 46 2113, 2114 45 1607, 1608 46 2115, 2116 45 1609, 1610 46 2117, 2118 46 1611, 1612 46 2119, 2120 45 1613, 1614 46 2121, 2122 45 1615, 1616 46 2123, 2124 45 1617, 1618 46 2125, 2126 46 1619, 1620 46 2127, 2128 46 1621, 1622 46 2129, 2130 46 1623 46 2131,2132 46 1983, 1984 OC 2133, 2134 46 1985 OC 2135 46 1987, 1988 OC 2137, 2138 45 1989, 1990 OC 2139, 2140 45 1991, 1992 2 2141, 2142 45 1993, 1994 6 2143, 2144 45 1995, 1996 13 2145, 2146 45 1997, 1998 18 2147, 2148 45 1999, 2000 24 2149, 2150 45 2001, 2002 30 2151, 2152 46 2003, 2004 37 2153, 2154 46 2005, 2006 37 2155, 2156 46 2007, 2008 41 2157, 2158 46 2009, 2010 45 2159, 2160 46 2011, 2012 46 2160.1 46 2043 OC 2161, 2162 45 Supp. No. 46 [7] ATLANTIC BEACH CODE Page No. Supp. No. 2163, 2164 45 2165, 2166 46 2167, 2168 46 2169, 2170 46 [8] Supp. No. 46 e • • • • SUPPLEMENT HISTORY TABLE Date Included/ Ord. No. Adopted Omitted 25-18-44 7- 9-18 Included 95-18-116 8-27-18 Included 80-18-88 11-26-18 Included 5-18-66 1-14-19 Included 5-18-67 1-14-19 Included 58-18-42 1-14-19 Included 58-18-43 1-14-19 Included 75-18-20 1-14-19 Included 90-19-236 1-14-19 Included 5-19-68 2-11-19 Included 90-19-238 2-25-19 Included 12-16-5 1-25-16 Included 90-19-240 7- 8-19 Included 75-19-21 8-12-19 Included 58-19-44 10-14-19 Included 75-19-22 11-25-19 Included 65-20-40 1-27-20 Included 95-20-118 3- 9-20 Included 60-20-21 5-11-20 Included 75-20-23 6- 8-20 Included 75-20-24 6- 8-20 Included 70-20-20 8-10-20 Included Supp. No. 46 SH:3 Supp. No. 45 45 45 45 45 45 45 45 45 45 45 46 46 46 46 46 46 46 46 46 46 46 • • CHARTER § 2 ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS Sec. I. Present Charter of the City of Atlantic Beach abolished and new Charter established. The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby abolished; and the new Charter, as hereinafter set forth, is hereby established. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach. The establishment of a municipal corporation, known and designated as the City of Atlantic Beach, organized and constituted in the County of Duval and State of Florida, by an act of the Florida Legislature in 1957, is hereby reaffirmed and its territorial boundaries are as follows: Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the low water mark line of said Atlantic Ocean and an easterly prolongation of the southerly boundary line of Kathryn Abbey Hanna Park; running thence westerly along the southerly boundary line of said Kathryn Abbey Hanna Park to the easterly right-of-way line of Old Sherry Drive (County Road No. 551); running thence southerly along said easterly right-of-way line of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5, Township 2 South, Range 29 East; running thence westerly along the northerly boundary line of said fractional Section 5 in said Township and Range, to the eastern right-of-way line of Mayport Road (State Road A -1-A); running thence southerly along the easterly right-of-way line of said Mayport Road to the north boundary line of Government Lot 15 of Section 8; running thence easterly along the north boundary line of said Government Lot 15 to the northwest corner of the east one-half of said Government Lot 15; running thence southerly along the west boundary line of the east one-half of said Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running thence westerly along said north boundary line and the north boundary line of Section 40 to a point at the center line of the Intracoastal Waterway; running thence southerly along said centerline of the Intracoastal Waterway to the intersection of said center line with a line sixteen (16) feet northerly of, measured at right angles from and parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation of same to the point of intersection of said prolongation with the low water mark of the Atlantic Ocean; and running thence northerly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Atlantic Beach Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County, less than and except that part lying in said Section 8 described in Ord. No. 12-16-5, as more particularly described below; and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city Supp. No. 46 5 § 2 ATLANTIC BEACH CODE as hereinbefore described, over said Mayport Road from the city limits as above described, northerly to the northern boundary line of said fractional Section 5; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads, or highways that have at any time heretofore, been adopted as county roads by the board of county commissioners of Duval County, Florida, as it may deem necessary and proper for the benefit of the public. Together with the following real property, which is a portion of the Atlantic Beach Country Club, described in and in accordance with that certain Ordinance No. 12-16-5, adopted by the City Commission on the 25th of January, 2016, to be included within the territorial boundaries of the City: That certain tract or parcel of land being a portion of Government Lots 7, 8, 9, 10, 15 and 16, of Section 8, all in Township 2 South, Range 29 East, Donner's Replat as recorded in Plat Book 19, pages 16 and 16A of the Public Records of Duval County, Florida, being more particularly described as follows: Commencing at the northeast corner of the Ferrer Grant, Section 38, Township 2 South, Range 29 East; thence North 06°45'00" West, 2073.94 feet to the line dividing said Section 8 and Section 17 for a point of beginning; thence South 89°28'50" West, along said section line, 764.29 feet to the southwest corner of the East (1/2) of Government Lot 15 of said Section 8; thence North 00°31'10" West, along the westerly boundary line of said East (1/2) of Government Lot 15, 1324.81 feet to the southerly boundary of Government Lot 10 of said Section 8; thence along the southerly boundary of said Lot 10, South 89°03'10" West, 355.77 feet to the southeast corner of Fairway Villa as recorded in Plat Book 39, page 22 of said Public Records; thence North 01°23'15" West, along the easterly line of said Fairway Villa, 1875.00 feet; thence North 88°36'45" East, 470.00 feet; thence North 51°45'15" East, 404.23 feet to the most westerly corner of Sevilla Gardens Unit 2, as recorded in Plat Book 45, page 7 of said Public Records; thence southeasterly along the southwesterly line of said Sevilla Gardens Unit 2 and a southeasterly prolongation thereof, along the arc of a curve that is concave to the northeast and has a radius of 4069.72 feet, a distance of 1088.60 feet as measured along a chord bearing South 47°06'35" East, thence North 59°36'55" East, 90.85 feet; thence South 30°27'05" East, 187.60 feet; thence along a curve that is concave to the northeast and has a radius of 4069.72 feet, a distance of 118.00 feet, as measured along a chord bearing South 58°35'55" East; thence South 12°22'05" East, a distance of 46.00 feet, more or less, to an intersection with the westerly shoreline of a drainage ditch and/or canal; thence southerly along the westerly shoreline of said drainage ditch and/or canal, 2026.00 feet more or less to a point, said point being on a westerly prolongation of the south line of Lot 1, Block 9, Selva Marina Unit 5, as recorded in Plat Book 30, pages 29 and 29A of said Public Records; thence North 78°03'10" East, 32.00 feet to the southwest corner of said Lot 1; thence South 14°44'41" West along the easterly city limits line of the City of Jacksonville, 521.37 feet to an intersection with said section line dividing Section 8 and 17; thence South 89°28'50" West, along said section line, 1028.42 feet to the point of beginning. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 12-16-5, § 2, 1-25-16) Supp. No. 46 6 s • • • • CHARTER § 5 Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commission - Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter referred to as "the city commission." (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) Sec. 4. General powers. The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes; which powers shall be limited only by the Federal Constitution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15) ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6 of this Charter, elected at large without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor -commissioner. Seats 2 through 5 shall be designated as district commissioners, with each commissioner required to reside within the district from which he or she is elected. The four (4) districts shall be created using the precinct lines existing as of November, 2007, as a beginning point, shall be established by ordinance, shall be as equal in population as possible, and to the extent possible shall maintain the integrity of neighborhoods and communities of interest. The mayor -commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any Supp. No. 46 6.1 • • CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of ordinances amending the Charter. Ordinance Adoption Section Number Date Section this Charter 5-75-3 12-22-75 3 7 33-77-4 6-13-77 I 79 II 80 III 81 IV 85 40-79-8 6-11-79 A 109 5-82-8 4-26-82 1 32 2 34 5-83-9 11-14-83 1 7 5-83-12 2-13-84 1 Art. VII(note) 4-86-3 1-26-87 1 Art. XIV(note) 28-91-1 10-28-91 1 5 28-92-4 8-24-92 1 5 28-93-3 8-23-93 1 Rpld 1-6, 8-16, 24-31, 78, 81-99, 109, 158, 160-183 Added 1-80 28-96-4 1-13-97 3 2 90-06-194 8-14-06 1 59 33-07-12 10- 2-07 1 5 33-07-13 10- 2-07 1 14, 39, 40, 41, 43 33-10-17 6-28-10 1 14, 36, 39-41, 43 33-15-19 5-11-15 1(Exh. A) Rpld 1-80 Added 1-54, 56-81 12-16-5 1-25-16 2 2 33-17-22 10-23-17 2 40, 41 33-17-23 11-13-17 1(Exh. A) 14 39-41 Supp. No. 46 91 [The next page is 103] • • ADMINISTRATION § 2-310.25 (6) Any participant of the Atlantic Beach Police Officers' Retirement System is not eligible to participate in the defined contribution plan; or (7) An elected official when serving in their capacity during their time in office is ineligible to participate in the defined contribution plan. (c) Membership. (1) All eligible new employees will automatically be enrolled in the defined contribution plan upon hire at a contribution rate of at least three (3) percent. Current eligible employees may enroll in the defined contribution plan at any time during their employment with the city. (2) All employees that meet the above conditions of eligibility will be enrolled in the City of Atlantic Beach Defined Contribution Plan at ten (10) years of service if they have not already become members before reaching ten (10) years of service. (Ord. No. 58-13-35, § 1, 6-10-13; Ord. No. 58-19-44, § 1, 10-14-19) Sec. 2-310.21. Plan year. The plan year will be defined as the twelve (12) consecutive month period commencing on October 1. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.22. Normal retirement age. Normal retirement age for the City of Atlantic Beach Defined Contribution Plan shall be age sixty (60). (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.23. Variable employer match of voluntary participant contributions. (a) During the first ten (10) years of service, the employer shall contribute matching contributions up to six (6) percent of earnings based on the participants' percentage of earnings contributed to the 457 defined contribution plan. (b) Employer contributions for a plan year shall be contributed to the trust bi-weekly. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.24. Contribution provisions. Employer contributions. The employer shall contribute a fixed contribution of four (4) percent of earnings after the employee has obtained ten (10) years of service at the city. Mandatory participant contributions are not required. (Ord. No. 58-13-35, § 1, 6-10-13) See. 2-310.25. Earnings. (a) Earnings. Earnings, as defined under section 2-323 shall not include overtime or bonuses. Supp. No. 46 188.85 § 2-310.25 ATLANTIC BEACH CODE (b) At termination. Earnings will not include accrued unpaid personal leave and/or comp time that would otherwise be paid to the employee in cash. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.26. Vesting provisions. (a) The employee will be fully vested at three (3) years of completed service. The date of enrollment in the plan does not affect the vesting period. (b) Non -vested members of the City of Atlantic Beach Defined Benefit Plan who are transferred to the defined contribution plan will receive credit for their years of service towards vesting. (Ord. No. 58-13-35, § 1, 6-10-13; Ord. No. 58-19-44, § 2, 10-14-19) Sec. 2-310.27. Withdraws and loans. (a) Loans. Loans from the City of Atlantic Beach Defined Contribution Plan are not permitted. (b) In-service distributions. In-service distributions from the City of Atlantic Beach Defined Contribution Plan are not permitted at any age. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.28. Spousal protection. The plan will provide participant directed election. The normal form of payment of benefits under the plan is a lump sum. The participant can name any person(s) as the beneficiary of the plan, with no spousal consent required. (Ord. No. 58-13-35, § 1, 6-10-13) Sec. 2-310.29. Administrative provisions. The city commission shall adopt the terms and provisions for the administrative provisions of the defined contribution plan by resolution, provided that they shall not conflict with any of the provisions of this division. (Ord. No. 58-13-35, § 1, 6-10-13) ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's Supp. No. 46 188.86 • • • ADMINISTRATION § 2-312 The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1; Ord. No. 5-99-32, § 1, 12-14-99) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revi- sion. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99) indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 46 188.87 BEACHES AND PARKS § 5-4 ARTICLE I. IN GENERAL Sec. 5-1. Closing during emergencies. (a) During such times as, in the opinion of the director of public safety or, in his absence, the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety, life and health of persons using the ocean or beach, or any condition shall exist or threaten to occur that will imperil the peace and good order of the city, the director of public safety is authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or bathing in the ocean or use of the beach or both in any manner, and require all persons thereon forthwith to remove themselves therefrom, or any part thereof, until the ocean, beach or dangerous areas are considered safe again for use. (b) It shall be unlawful for any person to knowingly refuse, when ordered, to remove him/herself from any area which has been closed by the director of public safety. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-2. Sleeping on the beach. It shall be unlawful for anyone to camp or sleep on the beach from 11:00 p.m. to 6:00 a.m. without first receiving permission from the city manager. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-3. Lighting of fires. It shall be unlawful for anyone to start, maintain, allow, or have an open fire on the beach unless permission is approved in writing by the city manager or his designee. The city may require a twenty-five dollar ($25.00) non-refundable application fee, and a deposit not to exceed two (2) times the estimated costs of clean-up, to assure that the requesting entity complies with all conditions of the permit. This section does not prohibit fires in self contained, commercially available heating devices fueled by gas. Heating devices fueled by wood, charcoal, or similar materials shall be prohibited. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-4. Littering. (a) It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab, cigarette butts, or other type of refuse upon the beach in the city. (b) It shall be unlawful and shall constitute a nuisance as defined in chapter 12 of the city's Code of Ordinances for any person to intentionally release, organize the release of, or intentionally cause to be released anywhere within the city, including without limitations the beach and public parks, one (1) or more sky lanterns or balloons inflated with a gas that is lighter than air which includes but it not limited to, helium, with the exception of: (1) Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes; or Supp. No. 46 354.1 § 5-4 ATLANTIC BEACH CODE (2) Balloons released indoors. (c) The following terms and phrases shall have the meanings given herein for purposes of this chapter 5. Words not otherwise defined shall be construed to mean the common and ordinary meaning. Balloon means a flexible nonporous bag made from materials such as rubber, latex, polychloroprene or nylon fabric that can be inflated or filled with fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or water and then sealed at the neck, usually used as a toy or decoration. Sky lantern means a device that requires a flame which produces heated air trapped in a balloon -type covering allowing the device to float in the air. Sky lanterns shall not include hot-air balloons used for transporting persons. (d) Enforcement and penalties. (1) Not withstanding any other provisions of the city's Code of Ordinances, the director of public safety shall have exclusive control of enforcement of this section 5-4, and shall issue written citations to persons who violate the provisions of the section. (2) Violations of this section shall be punishable by fines as follows: a. Two hundred fifty dollars ($250.00) per balloon or sky lantern, up to a maximum of one thousand [dollars] ($1,000.00) for violations of section 5-4(b). b. One hundred dollars (S100.00) for each piece for each piece of refuse left in violation of section 5-4(a), up to a maximum of one thousand dollars ($1,000.00). (Ord. No. 95-03-83, § 1, 1-27-03; Ord. No. 95-20-118, § 1, 3-9-20) Sec. 5-5. Surfboards. It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the beach within the corporate limits of the city at any time and at any location unless the surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which must be securely bound to either the ankle or wrist of the surfer. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities. It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner which will obstruct the view of lifeguards performing lifeguard activities. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach. It shall be unlawful for any person to operate any motorized boat or other motorized apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and similar watercraft, which require transport by use of a motor vehicle, will only be launched at the Atlantic Boulevard ramp. (Ord. No. 95-03-83, § 1, 1-27-03) Supp. No. 46 354.2 • • • BEACHES AND PARKS § 5-8 Sec. 5-8. Parking of sailboats, catamarans, and vessels. (a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran, or other vessel on the beach for more than seventy-two (72) hours without first notifying and receiving permission from the chief of police or his designee. A sailboat, catamaran, or vessel shall only be allowed to park over seventy-two (72) hours between May 1 to September 30 of each year. At no time will any sailboat, catamaran, or other vessel be allowed to park west of the dune line, on a beach access, or public right-of-way. Supp. No. 46 354.3 • • Chapter 17 SIGNS AND ADVERTISING STRUCTURES* Article I. In General Sec. 17-1. Intent. Sec. 17-2. Definitions and references to other chapters within this Code. Sec. 17-3. Noncommercial signs and messages. Secs. 17-4-17-25. Reserved. Article II. Signs Permitted Sec. 17-26. Exempt signs. Sec. 17-27. General provisions applying to all permitted signs. Sec. 17-28. Signs permitted within residential zoning districts. Sec. 17-29. Signs permitted within commercial and industrial zoning districts. Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD) zoning districts. Sec. 17-31. Signs within conservation (CON) zoning districts. Sec. 17-32. Signs placed on public buildings and structures and within public parks. Sec. 17-33. Temporary signs. *Editor's note -Section 1 of Ord. No. 60-97-10, adopted July 14, 1997, amended Ch. 17 in its entirety to read as set forth herein. Formerly, Ch. 17 consisted of §§ 17-1-17-18 and 17-31-17-35, which contained similar provisions and derived from §§ 20-1-20-8, 20-10- 20-22, 20-24 of the 1970 Code; Ord. No. 60-81-4, § 1, adopted July 13, 1981; Ord. No. 60-88-5, § 1, adopted Jan. 11, 1989; Ord. No. 60-94-8, § 1, adopted July 25, 1994; and Ord. No. 60-97-9, § 1, adopted Feb. 24, 1997. Subsequently, Ord. No. 60-02-12, §§ 2 and 3, adopted September 9, 2002, repealed and replaced Ch. 17, §§ 17-1-17-35, with a new Ch. 17, intended for use as Art. I, § 17-1, Art. II, § 17-2, Art. III, §§ 17-3-17-10, Art. IV, §§ 17-11-17-13, Art. V, §§ 17-14-17-30, and Art. VI, §§ 17-31-17-34. To preserve the style of the Code, these new provisions have been included as set forth herein at the discretion of the editor. Former Ch. 17 pertained to similar subject matter, and derived from Ord. No. 60-79-9, § 1, adopted February 24, 1997, Ord. No. 60-97-10, § 1, adopted July 14, 1997, and Ord. No. 60-01-11, § 1, adopted December 10, 2001. Subsequently, Ord. No. 60-20-21, § 2, repealed Ch. 17 in its entirety, and § 3(Exh. A) of said ordinance enacted new provisions to read as herein set out. Former Ch. 17, §§ 17-1, 17-2, 17-26-17-33, 17-41, 17-42, 17-51, 17-52, 17-61-17-64, pertained to similar subject matter and derived from Ord. No. 60-02-12, §§ 2, 3, adopted Sept. 9, 2002; Ord. No. 60-03-13, § 2, adopted March 24, 2003; Ord. No. 60-03-14, adopted July 14, 2003; Ord. No. 60-04-15, § 2, adopted Jan. 10, 2005; Ord. No. 60-11-16, § 1, adopted Oct. 10, 2011; Ord. No. 60-12-17, § 1(Exh. A), adopted Jan. 9, 2012; Ord. No. 60-13-18, § 1, adopted March 25, 2013; Ord. No. 60-14-19, § 1, adopted Nov. 24, 2014; and Ord. No. 60-15-20, § 1, adopted June 8, 2015. Cross references -Buildings and building regulations, Ch. 6; planning/zoning/appeals, Ch. 14; occupational license for advertising, § 20-59; zoning and subdivision regulations, Ch. 24. State law references -Authority to establish sign ordinances, F.S. § 166.0425; outdoor advertisers, F.S. Ch. 479. Supp. No. 46 995 ATLANTIC BEACH CODE Secs. 17-35-17-40. Reserved. Article III. Cause for Removal of Signs, Abandoned Signs and Prohibited Signs Sec. 17-41. Removal of unsafe, damaged or poorly maintained, and abandoned signs. Sec. 17-42. Prohibited signs and devices. Secs. 17-43-17-50. Reserved. Article W. Nonconforming Signs and Variances Sec. 17-51. Nonconforming signs. Sec. 17-52. Variances. Secs. 17-53-17-60. Reserved. Article V. Sign Permits, Enforcement and Severability Sec. 17-61. Permit required. Sec. 17-62. Application. Sec. 17-63. Calculation of permitted sign size. Sec. 17-64. Fees. Sec. 17-65. Enforcement and severability. Supp. No. 46 996 • • SIGNS AND ADVERTISING STRUCTURES § 17-2 ARTICLE I. IN GENERAL See. 17-1. Intent. The city commission recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinions. The commission is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrians and vehicles; where signs do not adversely impact the predominantly residential character of the city and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the commission that the regulations contained in this chapter shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from rights-of-way and adjacent properties; the surrounding natural coastal environment and residential neighborhoods. It is the purpose of this section to promote the public health, safety, and general welfare through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to: (1) Maximize the value of commercial signage as a means of locating and identifying commercial establishments providing goods and services; (2) Encourage the construction of commercial signs of high-quality materials that are aesthetically pleasing and are compatible with their natural surroundings and with the buildings they identify; (3) Avoid the creation of a distracting atmosphere that can result when businesses compete for attention through the use of commercial advertising signs; (4) Protect, preserve, and enhance the unique aesthetic character, beauty, and charm of the city, and thereby encourage the continued economic development within the city; and (5) Improve pedestrian and traffic safety and eliminate physical and visual clutter caused by signs that compete for the attention of pedestrian and vehicular traffic. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-2. Definitions and references to other chapters within this Code. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where appropriate, definitions contained within other chapters of this Code, including chapter 6, building and building regulations, and chapter 24, zoning, subdivision and land development regulations, shall also apply to this chapter. Supp. No. 46 997 § 17-2 ATLANTIC BEACH CODE Abandoned sign: See "Discontinued sign." Advertising message: The letters and graphics on a sign intended to directly or indirectly promote the sale of a product, service, commodity, entertainment or real or personal property. Animated sign: Any sign or part of a sign, including the advertising message, which changes physical position by any means of movement including, but not limited to, light projections, scrolling displays, and light emitting diode (LED) screens. Art, public: Any originally produced artistic medium which is outdoors and accessible to the general public and does not contain advertising or logos. Public art commonly takes the form of murals and sculptures that can withstand exposure to atmospheric elements. Automatic changeable message device: Any sign, which through a mechanical, electrical, solar, or other power source is capable of delivering messages, which rotate or appear to rotate, change or move at any time and in any way, including tri -vision or any multi -prism sign faces. Awning sign: (See also "Marquee sign.") A sign painted onto or adhered to a marquee or awning type structure constructed of an open frame covered by fabric, vinyl, plastic, metal, or similar material. Awning sign shall include canopy sign. Banner: A temporary sign made of weather -resistant cloth or other lightweight material, intended to hang either with or without frames or in some other manner, and possessing characters, letters, illustrations, or ornamentations applied to paper. plastic or fabric of any kind. "Feather" shaped signs (typically tall narrow and not attached to any structure) are considered banners for the purpose of this definition. Flags shall not be considered banners for the purpose of this definition. Billboard: See "Off-site sign." Bracket sign: Any single or double-faced sign mounted on brackets, poles or beams projecting at angles from the front or side of any building and supported solely by such brackets, poles or beams. Building sign: Any sign that provides the name or address of a building, and does not include the name of the occupants or services located within that building. Canopy sign: See "Awning sign". Development parcel: For the purposes of this chapter, a development parcel shall be a parcel of land, a lot or a combination of lots upon which uses regulated by these sign provisions are located. This definition may include a single use or business, or a collection of uses or businesses developed in a unified manner. Discontinued sign: Any sign located on a property or building that is: (1) vacated; (2) no longer has a valid certificate of occupancy or business tax receipt; (3) no longer has an active utility service account; or (4) displays a blank sign for a period of one hundred eighty (180) days or longer shall be considered a discontinued sign. Supp. No. 46 998 • • • SIGNS AND ADVERTISING STRUCTURES § 17-2 Double-faced sign: A sign with two (2) sides that are usually but not necessarily parallel. Exempt signs: Signs as set forth within section 17-26 of this chapter, which are exempt from certain requirements of this chapter. Fascia sign: Any sign attached to or installed against a wall of a building. "Fascia sign" includes wall signs, and cabinet and panel type signs, and signs located on the fascia of a roof, or affixed to a roof plane, provided such sign does not extend above the height of the roof, Flag: A piece of cloth or similar material attachable on one (1) edge to a pole or rope subject to movement caused by wind activation. Flags shall not be considered banners for the purpose of this definition. Flashing sign: Any sign which uses an external or internal intermittent light source, which results in changing light intensity (including on -off -on), brightness or color, or which is constructed and operated so as to create an appearance of illusion of motion or creates movement by any means. Freestanding sign: Any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign. Ground sign: See "Freestanding sign." Height of sign: The vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. Any filling, berming, mounding, or excavation solely for the purpose of increasing the height of the sign is prohibited. Supp. No. 46 999 § 17-2 ATLANTIC BEACH CODE He ght: of slgn Width, of An Illumination: A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic. Illumination, internal: A light source that is concealed or contained within a sign and becomes visible in darkness through a translucent surface. Illumination, external: Illumination of a sign that is affected by an artificial source of light not contained within the sign itself. Marquee sign: Any sign adhered or attached to a permanent roof --like structure, including awnings and canopies projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall and generally designed and constructed to provide protection against the weather. Marquee signs shall include all signs placed upon any type of marquee, canopy, awning, or similar structure. Monument sign: A type of freestandingsign placed upon the ground independent of support from the face of a building that generally has greater width than height and typically constructed of a solid material such as wood, masonry or high-density urethane. Non -conforming sign: Any sign, which was lawfully erected with properly issued sign permits, but which no longer complies with the land use, setback, height, size, spacing, and lighting or other provisions of this chapter or other laws. Supp. No. 46 1000 • • • • • SIGNS AND ADVERTISING STRUCTURES § 17-2 Obscene sign: Any sign containing statements, words, pictures or symbols of an obscene nature. The word obscene shall be as defined in F.S. § 847.001, as may be amended from time to time. Off-site sign: Any sign which serves a property or business other than the property or business on which the sign is located and/or displayed. Parcel or parcel of land: Any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Permanent sign: Any sign permanently embedded in the ground or affixed to a building or sign structure that is permanently embedded in the ground, unless otherwise classified in this chapter. Pennants: Any lightweight plastic, fabric or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, which will flutter or swing in the wind. Pole sign: See "Freestanding sign. Portable sign: A sign that may be mobile and has no permanent attachment to a building or to the ground by means of a footing, including signs with wheels designed to be pulled or towed on a trailer or similar towing device. Projecting sign: See "Bracket sign. Public sign: Any sign placed and maintained by the City of Atlantic Beach, Duval County, the State of Florida, the United States Government, a public utility, school district, or other duly authorized public agency. Public signs may be placed in locations as determined necessary and appropriate by the public agency and may include signs such as public information signs, public identification signs, public directional signs, banner signs, flags, and street name signs installed by a public agency, traffic control signs, warning signs and similar signs. Pylon sign: See "Freestanding sign." Roof sign: Any sign attached to a building or the roof structure of a building by any means, which extends above the height of the roof or roof plane. Sign: 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 Supp. No. 46 1001 § 17-2 ATLANTIC BEACH CODE exception of official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribu- tion to members of the public, attire that is being worn, badges, and similar personal gear. Sign face area: The part of the fascia sign, window sign, bracket sign, marquee sign, or banner enclosed within any geometric figure used to identify, announce, direct, or inform including all frame, trim and background. In the case of painted fascia signs, window signs, bracket signs, marquee signs, or banners composed of letters, shapes, or figures, or skeleton letters mounted without a border, the sign face area shall be the area of the smallest rectangle or other geometric figure that would enclose all of the letters, shapes, and figures. Sign permit: A development permit authorizing erection, placement or installation of a sign as permitted by this chapter in accordance with the requirements of article V of this chapter. Sign structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative covers and embellishments. Temporary sign: A sign intended to be displayed for a transitory or temporary period and not intended for use in a permanent nature. Any sign not permanently embedded in the ground or not affixed to a building or sign structure that is permanently embedded in the ground shall be considered a temporary sign, unless otherwise specified in this chapter. All banners, regardless of how they may be affixed to a building or structure or embedded in the ground, are classified as temporary signs. 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 interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 17-52 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vehicle sign: Any sign which covers more than twenty (20) square feet of the vehicle, which identifies a business, products, or services, and which is attached to, mounted, pasted, painted, or drawn on a motorized or drawn vehicle, and is parked and visible from the public right-of-way; unless said vehicle is used for transporting people or materials in the normal day to day operation of the business. Wall sign: See "Fascia sign." Width of sign: The horizontal distance measured from one (1) edge of the sign structure extending to the opposite edge of the sign structure, including any frame, embellishment or other type of extension from the sign. Window sign: Any sign placed inside a window of a building, facing the outside and which is intended to be seen from the exterior. Window signs shall be included in the signs allowed for that site, activity or business. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Supp. No. 46 1002 • • • • • SIGNS AND ADVERTISING STRUCTURES § 17-26 Sec. 17-3. Noncommercial signs and messages. Any sign authorized to be displayed pursuant to and in accordance with this chapter may contain a noncommercial message. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Secs. 17-4-17-25. Reserved. ARTICLE II. SIGNS PERMITTED See. 17-26. Exempt signs. (a) Within all non-residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Signage required by law, which is affixed to buildings or equipment, not exceeding three (3) inches in height and two (2) square feet. (2) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article V of this chapter: (1) Public signs. (2) Signs placed within interior courtyards provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. (3) Signs placed within the inside fence line of recreational fields, provided such signs are generally visible only to those persons visiting such place and are otherwise in compliance with this chapter. (4) Temporary signs subject to the provisions of section 17-33. (5) Fascia signs on residential structures up to ten (10) square feet in aggregate sign face area. (6) Temporary signs less than one (1) foot in height and one (1) square foot, provided that these signs are located no less than fifteen (15) feet from the front property line. (7) Flags. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Supp. No. 46 1003 § 17-27 ATLANTIC BEACH CODE Sec. 17-27. General provisions applying to all permitted signs. All signs shall be subject to the following general provisions. (1) No sign shall be installed, erected or placed prior to issuance of a sign permit as required by article VI of this chapter, except for exempt signs as set forth in section 17-26. Signs shall be located only on property where the sign serves. (2) All signs shall be engineered and constructed as required by these regulations and the Florida Building Code. Signs shall be professionally designed, lettered and constructed. (3) Permanent signs shall be constructed of materials suitable to withstand weather related deterioration and shall not be constructed of plywood, cardboard, paper or other such materials, which deteriorate quickly when exposed to normal weather conditions. (4) No sign shall create a traffic or fire hazard, or be dangerous to the general welfare or interfere with the free use of public streets or sidewalks. (5) No sign shall be attached to or placed against a building in any manner which impedes or blocks ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. (6) No sign shall be erected near the intersection of any street in such a manner so as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. (7) Where the rear of any sign structure is visible from any street or from any adjoining residential zoning district, all exposed structural and electrical components of any such sign shall be concealed in a manner as approved by the city manager or designee. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-28. Signs permitted within residential zoning districts. (a) Except for exempt signs as provided for in section 17-26, signs within residential zoning districts, shall be limited to those as set forth below. (1) For single-family and two-family residential subdivisions and developments contain- ing ten (10) or more residential lots, where individual lots are accessed from a common internal roadway, one (1) sign shall be allowed at each entrance from a collector or arterial street, not to exceed two (2) signs. a. Size permitted: Thirty-two (32) square feet per sign. b. Maximum height of sign: Eight (8) feet. Supp. No. 46 1004 • SIGNS AND ADVERTISING STRUCTURES § 17-28 c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street or residential lot, (2) For multi -family residential developments with eleven (11) or more dwelling units, one (1) sign shall be allowed at each entrance not to exceed two (2) signs and subject to the requirements below. Internal signs shall also be allowed provided they are not visible from any public right-of-way. a. Size permitted: Sixty (60) square feet per sign. b. Maximum height of sign: Eight (8) feet. c. Type allowed: Freestanding ground or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner. d. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street, vehicular drive or residential unit. (3) For development parcels located within residential zoning districts that contain non-residential uses, freestanding signs may be permitted as set forth below: a. Number of freestanding signs permitted: One (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) freestanding signs. Development parcels with less than one hundred (100) feet of linear street frontage shall be permitted one (1) freestanding sign. b. Size permitted: One (1) square foot for each linear foot of street frontage of the development parcel on which the sign(s) are placed, provided no such sign shall exceed sixty (60) square feet. c. Maximum height of sign: Eight (8) feet d. Type allowed: Freestanding ground or monument style. e. Illumination: These signs shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed toward any street, vehicle drive or residential unit. f. Required distance from property lines: No portion of any freestanding sign shall be located closer to any property line than five (5) feet. Additional distance from property lines may be required if determined necessary by the director of public works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian Supp. No. 46 1005 § 17-28 ATLANTIC BEACH CODE sight distance. Further, signs determined by the director of public safety to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. (b) Signs, as set forth with above paragraph (a), that are proposed to be located within public or dedicated rights-of-way shall be approved by the city commission. Such signs may be approved at the time of final plat approval as set forth by section 24-204 of this Code, or alternatively, such signs may be approved upon specific application to the commission. Approval of the city commission shall be required prior to the issuance of a sign permit. Such signs shall complement and conform to the "WELCOME TO ATLANTIC BEACH" signs in features including lettering, color, composition, structural materials, finished surface, and shall be constructed of wood or similar material giving the finished appearance of carved or sandblasted wood, as described within section 17-32. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-29. Signs permitted within commercial and industrial zoning districts. Subject to the provisions as set forth within this section, the following signs shall be pei witted within traditional marketplace (TM), commercial professional office (CPO), commercial limited (CL), commercial general (CG), central business district (CBD), and light industrial and warehousing (LIW) zoning districts. Except as specifically exempted in section 17-26, and further subject to issuance of a sign permit, no other signs or advertising device shall be displayed or erected within the city. (a) Fascia signs. (1) Size permitted: One (1) square foot of sign face area for each linear foot of the building width that faces the street frontage for a single occupant building or one (1) square foot of sign face area for each linear foot of building frontage for the occupant or tenant space in a multi -tenant development, each as measured on the street toward which the fascia sign is oriented. In no case shall an individual fascia sign exceed one hundred (100) square feet of sign face area nor shall the combined signage for one (1) occupant exceed two hundred (200) square feet of sign face area. (2) Number of fascia signs permitted: Not more than three (3) fascia signs shall be allowed on any one (1) side of a building with a single business or occupant. For buildings with multiple businesses or occupants, each business shall be allowed three (3) fascia signs for each side of a building with street frontage. Where fascia signs are placed upon more than one (1) side of a building, the combined sign face area shall not exceed the amount permitted by subsection (a)(1)a. above. (3) Required spacing between signs on buildings: Fascia signs shall be separated by a minimum distance of seventy-two (72) inches. (4) Projections: Fascia signs shall be separated by a minimum distance of seventy- two (72) inches. Supp. No. 46 1006 • • • • • SIGNS AND ADVERTISING STRUCTURES § 17-29 (b) Bracket or marquee signs. In lieu of the above described fascia signs, a business or permitted use may install a single bracket sign or marquee sign in accordance with the following provisions: (1) Size permitted: The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty (60) square feet of projected sign face area. a. There shall be no more than twelve (12) inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten (10) feet. b. No portion of such sign shall extend above the height of the roof. c. No portion of such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (2) Within the traditional marketplace and central business district only. In addition to other permitted signs, a single bracket sign extending above a public sidewalk or pedestrian walkway may be permitted. The purpose of this provision is to provide appropriate and consistent signage for the unique pedestrian environment of the central business district and traditional marketplace districts. Such signs shall be located only in accordance with the following provisions and upon issuance of a sign permit: a. No portion of the sign shall exceed ten (10) feet above the established grade of the adjoining sidewalk or walkway; b. Shall provide minimum vertical clearance of eight (8) feet above the sidewalk or walkway; c. Shall provide minimum clearance of six (6) inches from the building facade; d. Shall be separated from any other such sign by a minimum of twenty (20) feet; e. Shall not exceed three (3) feet in horizontal width and two (2) feet in vertical depth; f. Shall give the appearance of traditional wood routed or sandblasted signs. Materials such as high density urethane (HDU) and recycled high density polyethylene (HDPE) plastics, which give a similar appearance, shall be acceptable substitutes; Shall be externally illuminated only and shall contain no electrical components; and h. Shall create no safety hazard or obstruction to the public's use of the sidewalk or walkway as determined by the director of public safety. g. Supp. No. 46 1007 § 17-29 ATLANTIC BEACH CODE (c) Freestanding signs. In addition to the above signs, freestanding signs may be permitted as set forth below: (1) Size and number of freestanding signs permitted: a. One (1) square foot for each linear foot of street frontages of the development parcel on which the sign(s) are placed, provided no such sign shall exceed ninety-six (96) square feet, or eight (8) feet in height and twelve (12) feet in width. b. Development parcels with street frontage shall be permitted one (1) freestanding sign for each one hundred (100) feet of linear street frontage, up to a maximum of two (2) freestanding signs. Businesses with approved drive-through lanes are allowed one (1) additional freestanding sign per drive-through lane, provided these signs do not exceed forty (40) square feet and eight (8) feet in height. c. Development parcels with less than one hundred (100) feet of linear street frontage shall be permitted one (1) freestanding sign. (2) Required distance from property lines: No portion of any freestanding sign shall be located closer to any property line than five (5) feet. Additional distance from property lines may be required if determined necessary by the director of public works, to maintain clear vehicular and pedestrian sight distance. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian sight distance. Further, signs determined by the director of public safety to interfere with safe sight distance for pedestrians or vehicles shall be immediately removed. (3) Design, construction, and maintenance: a. Materials, colors, and shapes of proposed freestanding signs shall be complementary to the related. Sign colors shall be non -reflective and shall not contain fluorescent colors. b. Signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation that obscures the view of the sign message. (4) Illumination: a. Freestanding signs shall be externally illuminated with a steady station- ary light source, shielded and directed solely at the sign. Light fixtures shall be restricted to not more than one (1) shielded light fixture per side for signs up to forty (40) square feet and not more than two (2) shielded light fixtures per side for signs over forty (40) square feet. b. Light sources to illuminate signs shall neither be visible from any street right-of-way nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. Supp. No. 46 1008 • • • • e SIGNS AND ADVERTISING STRUCTURES § 17-31 c. Internal illumination for drive-through signs for establishments with a drive-through shall not cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. Such signs shall be placed and angled so that, to the greatest extent possible, they are not visible from public or private streets. d. Lamps shall only produce a white light. (d) Requirement for a unified sign plan. After the initial effective date of these regulations, all new nonresidential development, which shall contain space or units for more than one (1) business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with respect to the following: (1) Manner and type of construction, including materials to be used, installation method and mounting details. (2) Means of illumination, if any, and hours of illumination. (3) Size, color, lettering, and graphics style. (e) Window signs. Window signs are permitted provided that the window sign may not cover more than twenty (20) percent of the area of any window. Window signs may be internally illuminated. (f) Door signs. Door signs are permitted provided that the door sign may not cover more than twenty (20) percent of the area of any door. Door signs may be internally illuminated. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-30. Signs within special purpose (SP) and planned unit development (PUD) zoning districts. The size, height, width and number of signs permitted within special purpose districts and planned unit development districts shall be established within the ordinance creating such district as determined by the city commission to be appropriate for the nature and character of the use within these districts. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-31. Signs within conservation (CON) zoning districts. As set forth by section 24-103(b) of this Code, all uses in the conservation districts shall require approval as a use -by -exception. The size, height, width and number of signs permitted within conservation districts shall be established during the use -by -exception process in accordance with the provisions of section 24-63. Signs within conservation districts shall not adversely impact the environmentally sensitive qualities of these areas, Supp. No. 46 1009 § 17-31 ATLANTIC BEACH CODE shall be non -illuminated, shall contain no electrical components and shall be constructed of wood, brick, masonry, high-density urethane or similar material, which is consistent with the natural surroundings of these districts. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-32. Signs placed on public buildings and structures and within public parks. All signs displayed within City of Atlantic Beach parks and upon the exterior of any public building or structure shall conform with design of the "WELCOME TO ATLANTIC BEACH" signs displayed on such properties as of the effective date of this chapter, or as such design may be later modified by city commission. Such signs shall display the City of Atlantic Beach logo, as depicted in Figure 1, and shall be similar in appearance with respect to color, lettering, composition, and materials used for construction. Materials used shall be wood, high-density urethane, or similar material, which may be given a sandblasted -type finished surface. Public signs, public notice signs, parking signs and traffic signs shall be exempt from this provision. Figure 1—City of Atlantic Beach Logo (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-33. Temporary signs. Temporary signs in accordance with this section do not require a sign permit. Temporary signs shall not be illuminated nor shall any temporary signs be placed on public property without permission from the city. (a) Within all residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Temporary signs, other than banners. a. Maximum number allowed per parcel: six (6). Supp. No. 46 1010 • • • • • SIGNS AND ADVERTISING STRUCTURES § 17-40 b. Maximum square footage allowed per sign: four (4) square feet. c. Maximum height allowed: four (4) feet. d. Duration allowed for each sign: seven (7) days after the event. (2) Banner signs. a. Maximum number allowed per parcel: one (1). b. Maximum square footage allowed: thirty (30) square feet. c. Duration: seven (7) days. d. Banner signs shall not hang over or extend into public rights-of-way. e. Banner signs shall be securely anchored to buildings, poles, or suitable structural supports and shall not be attached to the roof of a building or exceed the height of such building or structure. f. Banner signs shall not be attached to trees, public buildings or structures, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants, and the like. (b) Within all non-residential zoning districts, the following signs shall be considered as temporary signs and must meet the following standards: (1) Temporary signs, other than banners. a. Maximum number allowed per parcel: two (2). b. Maximum square footage allowed per sign: sixteen (16) square feet. c. Maximum height allowed: six (6) feet. d. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable: provided, however, one (1) temporary sign may be displayed at all times. (2) Banner signs. a. Maximum number allowed per parcel: two (2). b. Maximum square footage allowed per sign: sixty (60) square feet. c. Duration allowed for each sign: sixty (60) days or seven (7) days after the event, if applicable. d. Banner signs shall not hang over or extend into public rights-of-way. e. Banner signs shall be securely anchored to buildings, poles, or suitable structural supports and shall not be attached to the roof of a building or exceed the height of such building or structure. f. Banner signs shall not be attached to trees, public buildings or structures, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants, and the like. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Secs. 17-34-17-40. Reserved. Supp. No. 46 1011 § 17-41 ATLANTIC BEACH CODE ARTICLE III. CAUSE FOR REMOVAL OF SIGNS, ABANDONED SIGNS AND PROHIBITED SIGNS Sec. 17-41. Removal of unsafe, damaged or poorly maintained, and abandoned signs. (a) Unsafe signs. In the event that any sign, including without limitation an exempt sign, is determined by the building official to be unsafe, such sign shall be immediately removed upon written notice from the building official ordering removal. Such notice shall be sent by certified mail to the property owner of record. If not removed within ten (10) days, the sign shall be considered a hazard to public safety and shall be removed at the property owner's expense. (b) Damaged signs and poorly maintained signs. All signs, including exempt signs, shall be kept in a structurally sound condition, with a neat appearance and in a generally good state of repair. Further, signs shall be maintained in accordance with Section 3108.1.7, Florida Building Code, which requires that all signs for which a permit is required, together with supports, braces, guys, and anchors shall be kept in repair and, unless of galvanized or non -corroding metal, shall be painted at least once every two (2) years. Any sign destroyed or damaged beyond reasonable repair in the determination of the building official, shall be immediately repaired or removed at the property owner or occupant's expense. A new sign permit shall be required for any replacement sign. If not repaired or replaced within thirty (30) days after written notice from the building official, the sign shall constitute a public nuisance and shall be removed at the property owner's expense. (c) Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business or activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account, Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner's expense. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-42. Prohibited signs and devices. The following signs and devices shall be prohibited within the City of Atlantic Beach. In the case of any conflict with other provisions of this Code, the prohibitions set forth below shall supersede such other conflicting provisions. (1) Animated signs. (2) Automatic changeable message device signs, except for signs depicting time and temperature. (3) Flashing signs. (4) Signs containing beacon or tracker lights or similar lighting components. Supp. No. 46 1012 • • • • • SIGNS AND ADVERTISING STRUCTURES § 17-50 (5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective. (6) Obscene signs. (7) Roof signs. (8) Portable and mobile signs. (9) Temporary signs, except as otherwise authorized herein. (10) Pennants, ribbons, balloons, streamers, wind -operated devices and similar elements that are intended to draw attention to a business or activity, either when used alone or incorporated into a sign. (11) Vehicle sign or signs with a total sign face area in excess of twenty (20) square feet on any vehicle, and a. The vehicle is not "regularly used in the conduct of the business," and b. The vehicle is visible from a street right-of-way within fifty (50) feet of the vehicle, and c. The vehicle is parked for more than two (2) consecutive hours in any twenty-four (24) hour period within fifty (50) feet of any street right-of-way, and d. A vehicle shall not be considered "regularly used in the conduct of the business" if the vehicle is used primarily for advertising, and e. This provision is not construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal hours of business; and which is currently licensed, insured, and operable; provided, however, that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle primarily for the purpose of advertising a business establishment or firm or calling attention to the location of a business establishment or firm (12) Private signs on any public property or right-of-way, other than as specifically approved by the city commission. (13) All signs prohibited by F.S. § 479.11. (14) Signs not in compliance with all applicable provisions of this chapter and this Code. (15) Off-site signs and billboards. (16) Discontinued and abandoned signs. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Secs. 17-43-17-50. Reserved. Supp. No. 46 1013 § 17-51 ATLANTIC BEACH CODE ARTICLE IV. NONCONFORMING SIGNS AND VARIANCES Sec. 17-51. Nonconforming signs. All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein shall be allowed to remain in accordance with the following conditions: (1) Nonconforming signs shall be made conforming with all provisions of this chapter when any of the following changes are made or circumstances exist: a. Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property. b. Any change which increases the illumination. c. Any change which increases the height of a sign. d. Any change, which alters the material used for the display area or face area by more than twenty-five (25) percent. e. Any replacement required as the result of an accidental act or a weather-related act. f. Any replacement of an abandoned sign or discontinued sign. g. Any change necessary for compliance with Florida Building Code requirements. h. When the total cost of alteration, expansion or renovation of a structure or building at a location where any non -conforming signs are located within the boundaries of the development parcel 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 within a two-year time frame or when any cumulative expansions total more than twenty-five (25) percent within a two-year time frame. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the International Code Council. (2) The provisions of this section shall not be construed to apply to signs that are abandoned, discontinued, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. Such signs shall be subject to the provisions of section 17-41. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-52. Variances. The community development board is authorized to grant relief from the strict application of this chapter where, due to an exceptional situation, adherence to this chapter results in "exceptional practical difficulties or undue hardship" to a property owner. Supp. No. 46 1014 • • SIGNS AND ADVERTISING STRUCTURES § 17-52 In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of this chapter. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) 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: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey depicting the location of the requested sign(s) and the location of all structures and access points on the property. An elevation drawing, with dimensions, depicting the size, height, location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting materials to be used, method of construction, attachment or installation as appropriate and type of illumination, if any. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the community development director shall within a reasonable period of time schedule the applica- tion for a public hearing before the community development board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) 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 this section. (2) The nonconforming use of adjacent or neighboring lands, structures or build- ings shall not be considered as justification for the approval of a variance. (3) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. Supp. No. 46 1015 § 17-52 ATLANTIC BEACH CODE (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) 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. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, 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. (e) 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. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) 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 substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) 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 twelve (12) 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 twelve (12) months, beyond which time the variance shall become null and void. (i} Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Supp. No. 46 1016 • • • • • • SIGNS AND ADVERTISING STRUCTURES Secs. 17-53-17-60. Reserved. ARTICLE V. SIGN PERMITS, ENFORCEMENT AND SEVERABILITY § 17-62 Sec. 17-61. Permit required. No sign shall be installed, erected or placed prior to issuance of a sign permit as required by this chapter, except for exempt signs as set forth in section 17-26. A sign permit shall not be issued prior to issuance of the appropriate occupational license as required for the activity on the property for which the sign permit is sought. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-62. Application. Before a sign permit shall be issued, a design and stress diagram containing necessary information to enable the city to determine compliance with this chapter and the provisions of Section 3108 of the Florida Building Code shall be submitted. Such information shall be included as part of the sign permit application and shall be submitted to the City of Atlantic Beach Building Department using a sign permit application as provided by the city. In the event an application is not approved, an applicant may request the city to provide a written explanation for the reason(s) for the denial. The application for sign permit shall contain or have attached thereto the following information: (1) The name, mailing address and telephone number of the applicant. (2) If applicable, a copy of a valid and current occupational license for the property where the sign shall be placed. (3) In the case that the applicant is not the property owner, an owner's authorization to apply for a sign permit. (4) A survey depicting the location of the requested sign(s) and the location of all structures and access points on the property. An elevation drawing, with dimensions, depicting the size, height, location and relation to other existing signs. Plans shall be drawn at a legible scale, depicting materials to be used, method of construction, attachment or installation as appropriate and type of illumination, if any. (5) The name and contractor information of the person erecting or installing the sign. (6) An electrical permit, if required. (7) Registered engineer's drawings as may be required by Section 3108, Florida Building Code. (8) Such additional information as may be required by the city to determine compliance with this chapter, any other applicable laws and ordinances of the City of Atlantic Beach and the requirements of Section 3108, Florida Building Code. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Supp. No. 46 1017 § 17-63 ATLANTIC BEACH CODE Sec. 17-63. Calculation of permitted sign size. Sign face area, width of sign and height of sign shall be calculated as defined within article I of this chapter. In the case of non -freestanding signs, the sign face area shall be used in calculating the permitted size of sign. In the case of freestanding signs, width and height of sign shall be used in calculating the permitted size of the sign. The height of the sign shall be the vertical distance measured from the lowest grade adjacent to the sign extending to the topmost portion of the sign structure, including any frame, embellishment or other type of upward extension from the sign. When computing sign face area, only one (1) side of a sign containing two (2) sides shall be included in the calculation of the permitted sign size. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-64. Fees. Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and required fees shall also be required for signs with electrical components.) (1) Thirty dollars ($30.00) for all non -freestanding signs. (2) Fifty dollars ($50.00) for freestanding signs. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) Sec. 17-65. Enforcement and severability. (a) Enforcement. Violations of this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the city's Code of Ordinances. (b) Severability. If any section, sentence, clause or other provision of this chapter 17 shall be held to be invalid, unlawful or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding of unlawfulness, invalidity or unconstitutionality shall not be construed so as to render unlawful, invalid or unconstitutional the remaining sections, sentences, clauses or other provisions of this chapter 17. (Ord. No. 60-20-21, § 3(Exh. A), 5-11-20) [The next page is 1055] Supp. No. 46 1018 • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-1 ARTICLE I. GENERAL PROVISIONS Sec. 19-1. Construction within and/or use of city rights-of-way. (a) Except as expressly set forth below in article II of this chapter regulating utilities, and in article III of this chapter regulating communication services, the provisions in this article I shall apply to any construction within and/or use of city rights-of-way. (b) The following terms and phrases shall have the meanings given herein for purposes of this chapter 19. Words not otherwise defined shall be construed to mean the common and ordinary meaning. Construction means any use of, activity, placement, replacement, repair or installation performed by any person or entity other than the city within the boundaries of any city right-of-way, including, but not limited to, curb cuts; driveways; excavation activities; installation of pavers, poles, conduits, wires, cables, fencing, signage and sidewalks; structures or other improvements or fixtures; and landscaping activities. The term does not include pedestrian, bicyclist or vehicular use of the rights-of-way. Rights-of-way or public rights-of-way means land in which the city owns the fee or has an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant access pursuant to applicable law and includes the surface, airspace over the surface and the area below the surface of such rights-of-way. "Public rights-of-way" shall not include (a) county, state or federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading from the road or street onto adjacent property, or (d) except as described above, any real or personal property of the city, such as, but not limited to, city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of- way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: (1) Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. (2) Decorative walls. (3) Retaining walls. (4) Buildings or structures of any kind. (5) Barriers or obstructions of any kind. (6) Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. Supp. No. 46 1108.1 § 19-1 ATLANTIC BEACH CODE (7) Fences. (8) Swimming pools. (9) Parking spaces or lots. (10) Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. (11) Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. (12) Any improvement, object or item designed and intended for personal or private use and not for public use. (13) Security lights and street lights. (14) Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way. (15) Driveways, new, modified or replaced (see section 19-7). (Ord. No. 65-17-39, § 1, 12-11-17; Ord. No. 65-20-40, § 1, 1-27-20) Editor's note—Ord. No. 65-17-39, § 1, adopted Dec. 11, 2017, repealed § 19-1 in its entirety and enacted new provisions to read as herein set out. Former § 19-1 pertained to obstructing free passage prohibited; exception, and derived from the 1970 Code, § 22-1. Sec. 19-2. Permits and revocable licenses required. (a) Any person or entity desiring to undertake construction within and/or use of a right-of-way shall obtain, prior to commencement of any work, a permit for such activity issued by the city manager or his designee on terms and conditions as described herein, or in accordance with subsection (f) herein, the issuance of a revocable license. (b) Any such person or entity shall complete and file an application for such approval in the form prescribed by the city. (c) Fees for permits and revocable licenses shall be determined by resolution of the city commission. (d) No use of or construction in a right-of-way shall be permitted or licensed if that use or construction creates an obstruction barrier or safety hazard as defined by generally accepted engineering practices. (e) All requests for use of or construction within a right-of-way shall be evaluated based on the benefit of said use or construction to the general public and the degree to which the benefit to and convenience gained by a private property owner conflicts with or outweighs the benefit to the general public for the use of the affected right-of-way. (f) Revocable licenses are required for all improvements in the right-of-way which are not accepted for maintenance by the city. Supp. No. 46 1108.2 • • • TAXATION § 20-82 Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or business tax in addition to any business tax or excise tax now levied by the city, which tax shall be in the amount as established by F.S. 175.101 of the gross amount or receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the city. (Ord. No. 45-80A, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 5, 9-25-06) State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The business or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4, 9-8-80; Ord. No. 45-06-18, § 6, 9-25-06) Sec. 20-79. Reserved. ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION Sec. 20-80. Exercise of municipal powers. This article represents an exercise of municipal powers by the city commission, pursuant to Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of Atlantic Beach, but only to taxes levied by Atlantic Beach. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-81. Definitions. As used in this article, the term: Household means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. Household income means the adjusted gross income, as defined in Section 62 of the United States Internal Revenue Code, of all members of a household. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-82. Additional homestead exemption authorized. (a) Commencing January 1, 2021, and annually thereafter, pursuant to Article VII, Section 6(f) Florida Constitution, and F.S. § 196.075, an additional homestead exemption of fifty thousand dollars ($50,000.00) is hereby authorized for any person who has the legal or Supp. No. 46 1179 § 20-82 ATLANTIC BEACH CODE equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained the age of sixty-five (65) and household income does not exceed twenty thousand dollars ($20,000.00). Low income as defined by F.S. § 196.075. (b) Commencing January 1, 2015, and annually thereafter, pursuant to Article VII, §6(d), Florida Constitution and F.S. § 196.075, an additional homestead exemption is authorized equal to the assessed value of the property to any person who has the legal or equitable title to real estate with a just value less than two hundred fifty thousand dollars ($250,000.00) and who has maintained thereon the permanent residence of the owner for not less than twenty-five (25) years arid who has attained age sixty-five (65) and whose household income does not exceed the income limitation prescribed in F.S. § 196.075. (Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15; Ord. No. 70-20-20, § 1, 8-10-20) Sec. 20-83. Annual adjustment to household income. The household income limitation shall be adjusted annually, on January 1, in accordance with F.S. § 196.075. (Ord. No. 70-00-14, § 1, 6-26-00; Ord. No. 70-15-18, § 1, 8-10-15) Sec. 20-84. Annual filing of household income statement. Any taxpayer claiming the additional homestead exemption must submit annually, not later than March 1 of each year, to the Duval County Property Appraiser, a sworn statement of household income on a form prescribed by the Florida Department of Revenue. (Ord. No. 70-00-14, § 1, 6-26-00) [The next page is 1221] Supp. No. 46 1180 • • • • Chapter 21 TRAFFIC AND MOTOR VEHICLES* Article L In General Sec. 21-1. Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control Devices. Sec. 21-2. Definitions. Sec. 21-3. Permit required for parades and processions. Secs. 21-4-21-15. Reserved, Article IL Stopping, Standing and Parking on Public Property Division 1. Generally Sec. 21-16. Manner of stopping, standing or parking. Sec. 21-17. Prohibited in specific areas. Sec. 21-18. Obstructing traffic. Sec. 21-19. Compliance with signs prohibiting parking required. Sec. 21-20. Parking limitations. Sec. 21-21. Parking for certain purposes prohibited. Secs. 21-22-21-35. Reserved. Sec. 21-36. Sec. 21-37. Sec. 21-38. Sec. 21-39. Sec. 21-40. Sec. 21-41. Sec. 21-42. Sec. 21-43. Sec. 21-44. Sec. 21-45. Sec. 21-46. Division 2. Enforcement Issuance of citations. Form of citations. Schedule of fines. Payment of parking fines. Disposition of money collected as fines. Presumption of motor vehicle ownership. Removing and impounding. Division 3. Controlled and Metered Parking General provisions. Metered parking charges; overtime parking; enforcement. Immobilizing and towing of vehicles. Pay for parking revenue fund. *Editor's note—Ord. No. 75-18-20, § 1, adopted Jan. 14, 2019, repealed ch. 21 in its entirety, and § 2(Exh. A) of said ordinance enacted new provisions as herein set out. Former ch. 21, §§ 21-1, 21-2, 21-16-21-26, 21-36-21-41, 21-50-21-54, 21-60-21-66, 21-75-21-85, pertained to similar subject matter, and derived from Ord. No. 75-98-13, § 1, adopted Dec. 14, 1998; Ord. No. 75-04-16, § 1, adopted Sept. 13, 2004; Ord. No. 75-04-17, § 1, adopted Oct. 11, 2004; Ord. No. 75-13-18, § 1, adopted July 8, 2013; and Ord. No. 75-13-19, §§ 1, 2, adopted Oct. 28, 2013. State law references—Florida Uniform Traffic Control Law, F.S. Ch. 316; powers of local authorities, F.S. § 316.008. Supp. No. 46 1221 ATLANTIC BEACH CODE Secs. 21-47-21-49. Reserved. Article III. Wrecker Service Sec. 21-50. Establishment of rotating wrecker call list. Sec. 21-51. Charges for towing and storage. Sec. 21-52. Wreckers to be equipped at all times. Sec. 21-53. Liability insurance. Sec. 21-54. Repairing motor vehicles without authorization prohibited. Sec. 21-55. Towage and storage charges. Secs. 21-56-21-60. Reserved. Article IV. Motor Vehicle Title Loans Sec. 21-61. Motor vehicle title loan transactions. Sec. 21-62. Maximum interest rate. Sec. 21-63. Transaction satisfaction and default. Sec. 21-64. Title loan lending license. Sec. 21-65. Violations and penalties. Sec. 21-66. Transition period for regulations, restrictions and licensure provisions. Secs. 21-67-21-75. Reserved. Article V. Vehicles for Hire Sec. 21-76. Classification of vehicles for hire. Sec. 21-77. Manner of advertising. Sec. 21-78. Printed matter appearing on a vehicle for hire, except limousines; certain information required; advertising regulated. Sec. 21-79. Inspection of vehicles for hire. Sec. 21-80. Equipment and safety requirements for vehicles for hire. Sec. 21-81. Meters required for taxicabs. Sec. 21-82. For -hire drivers. Sec. 21-83. Engaging in criminal activity. Sec. 21-84. Rates and charges. Sec. 21-85. Citations authorized; penalties provided. Sec. 21-86. Reserved. Article VI. Unregistered and Inoperable Vehicles Sec. 21-87. Intent. Sec. 21-88. Limitations on unregistered and inoperable vehicles. Sec. 21-89. Enforcement. Supp. No. 46 1222 • • • • • TRAFFIC AND MOTOR VEHICLES § 21-17 (c) Motor vehicles, equipment, or objects of any kind shall not be stopped, standing or parked on a right-of-way in a manner that obstructs the required sight distance require- ments found in section 19-5 of the city's Code of Ordinances. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-17. Prohibited in specific areas. Except when in compliance with the directions of a police officer or official traffic control device, or when necessary to avoid conflict with other traffic no person shall stop, stand or park a motor vehicle, or any part thereof: (a) On a paved sidewalk; (b) Within seven (7) feet of a public or private driveway upon complaint; (c) Within twenty (20) feet of an intersection; (d) Within fifteen (15) feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty (20) feet of a crosswalk at an intersection; (g) On lanes and paths exclusively intended for the use of bicycles and pedestrians; (h) On the following roadways and rights-of-way, except as provided in subsection (i): (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (from Plaza to Atlantic Boulevard) (4) Seminole Road. (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road. (9) Dutton Island Road. (10) Donner Road. (i) On the unpaved portions of the following rights-of-way, except between the hours of 6:00 p.m. and 8:00 a.m. or as approved under section 6-18 of this Code of Ordinances: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (from Plaza to Atlantic Boulevard). (4) Seminole Road. (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. Supp. No. 46 1225 § 21-17 ATLANTIC BEACH CODE (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road. (9) Dutton Island Road. (10) Donner Road. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 75-20-23, § 1, 6-8-20) Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a motor vehicle on a right-of-way in a manner that leaves less than ten (10) feet of roadway width available for the free movement of vehicular traffic, except a driver may stop for a period of time not to exceed five (5) minutes during the actual loading or unloading of passengers or packages, or in compliance with direction given by a police officer or official traffic control device. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-19. Compliance with signs prohibiting parking required. When a sign prohibiting parking is erected or a curb is officially marked to prohibit parking, no person shall park a motor vehicle in such a designated place. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-20. Parking limitations. (a) When a sign is erected in each block giving notice of time limits, no person shall park a motor vehicle for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the city manager. (b) No motor vehicle, other than official motor vehicles as authorized by the city manager, shall be parked overnight in any public property, public park or public open space, on any property occupied by a government use, or in any other location posted by the city to prohibit overnight parking. (c) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, trailer or commercial vehicle upon any right-of-way, except for the purpose of loading or unloading, for more than four (4) hours, except when authorized by the city manager or their designee provided that the vehicle does not obstruct traffic as described in section 21-18. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a motor vehicle upon any right-of-way for the principal purpose of: (a) Displaying it for sale; or Supp. No. 46 1226 • • TRAFFIC AND MOTOR VEHICLES § 21-38 (b) Greasing, changing the oil or other fluids, or repairing the motor vehicle, except repairs necessitated by an emergency. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Secs. 21-22-21-35, Reserved. DIVISION 2. ENFORCEMENT Sec. 21-36. Issuance of citations. The director of public safety shall have exclusive control of and shall have printed uniform traffic citations which shall be pre -numbered and which shall be issued to all police officers. It shall be the duty of all police officers to check on parking locations for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of motor vehicles on all public rights-of-way and public property of the city. Notice of violation of a parking ordinance by police officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the motor vehicle or by attaching the citation to the motor vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the police officer, with his signature affixed thereto, at the close of each day's work, with the records division of the police department. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-37. Form of citations. Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the city; (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the motor vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the motor vehicle causing the violation to pay to the city the applicable fine as established by section 21-38; and (f) Be signed by the police officer issuing them. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-38. Schedule of fines. There is hereby established the following schedule of fines to be assessed in cases of parking violations occurring within the city: (a) Parking in prohibited areas as defined by section 21-17 $50.00 (b) Obstructing traffic 50.00 Supp. No. 46 1227 § 21-38 ATLANTIC BEACH CODE (c) Parking over time limit 50.00 (d) Other improper parking 50.00 (e) Illegal parking in designated ADA accessibility parking spaces 250.00 (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-39. Payment of parking fines. (a) The finance department is hereby authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines. The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and waiver of the right to a trial for purposes of this chapter. (b) There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00). (c) The director of public safety or their designee shall have the discretion of relieving the person named in the citation of paying the additional fifty dollars ($50.00) late fee upon good cause being shown and documented by the director of public safety. (d) Multiple unpaid violations. If a motor vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment of the tickets has expired, then the motor vehicle may be disabled or towed pursuant to the conditions set forth within this chapter. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the city in a manner as prescribed by the city manager. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-42. Removing and impounding. Members of the police department are hereby authorized to remove and shall cause to be removed any motor vehicle from any public rights-of-way or public property within the city to a public garage or other place of safety under circumstances enumerated in this article II and where such violation creates a public safety concern: (a) When a motor vehicle is left unattended: (1) On a paved sidewalk; Supp. No. 46 1228 • • • • TRAFFIC AND MOTOR VEHICLES § 21-43 (2) Within seven (7) feet of a public or private driveway upon complaint; (3) Within fifteen (15) feet of a fire hydrant; (4) Within an intersection; (5) On a crosswalk; or (6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (b) When any motor vehicle is left unattended at any place where official signs or mprkings on the curb prohibit parking, stopping, or standing. (c) When any motor vehicle is left unattended upon any roadway or right-of-way for a period of time longer than seventy-two (72) hours. (d) When a motor vehicle upon a right-of-way is so disabled as to constitute an obstruction to traffic, or the person in charge of the motor vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal. (e) When any motor vehicle is left unattended upon a right-of-way and is so parked illegally, or the motor vehicle constitutes an obstruction to normal movement of traffic. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) DIVISION 3. CONTROLLED AND METERED PARKING Sec. 21-43. General provisions. (a) The city manager, after review and approval by resolution by the city commission, is authorized: to establish controlled and metered parking zones ("metered parking zones") within the City of Atlantic Beach; to designate parking spaces within such metered parking zones; and to fix the time limitations for lawful parking in a manner consistent with the schedule of metered parking zones. The city manager, after review and approval by resolution by the city commission, shall establish the schedule and hours during which persons will be required to make payment for the use of a designated parking space within a metered parking zone. (b) Notwithstanding any other provision of the Atlantic Beach Code of Ordinances to the contrary and to the extent permitted by law and after review and approval by resolution by the city commission, the city manager is authorized to delegate the implementation and enforcement of this division 3 to a "district parking operator" which may be an individual, city personnel or a public or private entity, subject to all procurement provisions contained in chapter 2, article VII, division 2, purchasing, as may be applicable. As used in this division 3, the term "district parking operator" means such duly designated person or entity, or, in the absence of a duly designated person or entity, shall mean city personnel authorized to implement and enforce this chapter 21. Supp. No. 46 1229 § 21-43 ATLANTIC BEACH CODE (c) Violations of any section of this division 3 shall be punishable as set forth herein. (d) Installation and removal of parking meters and posts and kiosks. (1) The city manager shall direct parking meters, posts or kiosks to be installed under the authority of this division 3 and to be placed within city rights-of-way or upon other city property located within metered parking zones. Each meter, post or kiosk shall carry upon its face operating instructions for the collection of payment and parking time limitations. (2) Upon approval by the city manager or designee, parking meters, parking meter posts or kiosks may be temporarily removed and reinstalled by the district parking operator to facilitate construction or repair work, providing such construction or repair work has been permitted and approved by the City of Atlantic Beach. Any person desiring such temporary removal of a parking meter, parking meter post and/or kiosk shall apply to the district parking operator for a removal permit and shall pay the actual costs incurred for removal and reinstallation of the meters, meter posts and kiosks. In addition to the removal permit fees provided for in this subsection, the applicant shall pay, at the time of issuance of the removal permit, the parking rental charge as set forth in this division for the duration of the removal period. All fees shall be payable to the city. (e) Marking of parking spaces. (1) If the city manager deems it necessary or appropriate in the interest of the proper regulation of traffic and parking, the city manager is authorized to clearly mark designated parking spaces by placing painted lines upon the city curbs and streets within metered parking zones. It shall be unlawful to park a vehicle across a line or marking so that the vehicle is not entirely within the area for parking designated by lines or markings. (2) When a designated parking space located within a metered parking zone, whether marked by lines or not, is parallel with or diagonal to the adjacent curb, sidewalk or edge of pavement, a vehicle, with the exception of motorcycles, shall be parked head -in or, if there is a parking meter in the space so that the front of the vehicle is nearest to the parking meter and facing in the same direction as the traffic flow on the applicable side of the street. It shall be unlawful to park a vehicle in a designated parking space in any other manner. (Ord. No. 75-19-21, § 1, 8-12-19) Sec. 21-44. Metered parking charges; overtime parking; enforcement. (a) When a vehicle is parked or standing in a designated parking space located within a metered parking zone, the vehicle operator shall immediately deposit or cause to be deposited in the parking meter or kiosk payment required for the parking according to the rate specified upon the face of the meter or kiosk, using approved methods of payment as displayed on the meter or kiosk. Upon payment, the designated parking space may be Supp. No. 46 1230 • • • • • TRAFFIC AND MOTOR VEHICLES § 21-44 lawfully occupied by a vehicle during the period of parking time which has been prescribed for the metered parking zone or for that portion of time covered by the payment so deposited, whichever is less. If the vehicle remains parked in the designated parking space beyond the parking time fixed for that metered parking zone or the parking time paid for by the payment, whichever is less, the vehicle shall be considered illegally parked. (b) The district parking operator is authorized to issue citations for parking violations within metered parking zones in accordance with the schedule of fines set forth in section 21-38. Citations shall substantially comply with the form of citations set forth in section 21-37, except that citations may be signed by the district parking operator issuing the citation. (c) No person shall deposit any additional payment in a parking meter or kiosk for the purpose of increasing or extending the parking time for a vehicle beyond the lawful parking time limitation which has been established for the metered parking zone in which the space is located. (d) (1) The rates and charges for the use of the services and facilities of designated parking spaces located within metered parking zones in the Beaches Town Center area are fixed as follows: Free for the first thirty (30) minutes for all persons; b. Free for up to three (3) hours for Atlantic Beach residents who have registered for paid parking with the city; and c. One dollar ($1.00) for each thirty (30) minutes for all others persons. d. One (1) parking space located along Ocean Avenue within the metered parking zone shall be designated by the city manager for "take out" only, and shall be limited to fifteen (15) minute parking only and shall be free. (2) The city manager may modify these rates, establish minimum and maximum daily and monthly rates and establish time zones as may be required to meet market demands. Such modifications to the rates are subject to review and approval by the city commission. Persons who hold a valid disabled parking permit and display it properly in a vehicle may park in any designated parking space for up to four (4) consecutive hours at no cost. (e) No payment shall be deposited in a parking meter or kiosk in a slot other than the slot clearly designated for the purpose of accepting payment of the particular denomination and type deposited. If a parking meter or kiosk is designed to accept a denomination and type of payment which, at the established rental rate for parking in the metered parking zone in which the meter or kiosk is located, would result in an overpayment for parking, an instruction shall be placed on the meter or kiosk that the deposit of the payment will not afford additional lawful parking time, and such payment shall not afford additional lawful parking time in the designated space. Supp. No. 46 1230.1 § 21-44 ATLANTIC BEACH CODE (0 No person shall deposit or cause to be deposited in a parking meter or kiosk a false or counterfeit bill, or object other than lawful tender of the United States. If a false or counterfeit bill, or other object is discovered, the director of public safety or designee shall be notified. (g) No person shall deface, injure, tamper with, open, impair the usefulness of or otherwise damage a parking meter, post or kiosk. (h) No person, except the district parking operator or an authorized agent or employee of the district parking operator, or in the event the city manager has not designated a district parking operator, then the city manager or the city manager's designee, shall remove or cause to be removed money from a parking meter or kiosk. (i) Under this division, no person shall dispose of a parking ticket except in the manner provided by law. (Ord. No. 75-19-21, § 1, 8-12-19; Ord. No. 75-20-24, § 1, 6-8-20) Sec. 21-45. Immobilizing and towing of vehicles. Notwithstanding any other provisions of this Atlantic Beach Code of Ordinances to the contrary, the following shall be applicable within all metered parking zones: (a) The district parking operator, upon approval from the director of public safety or designee, is authorized to attach a device that is capable of immobilizing a motor vehicle so that it cannot be moved under its own power whenever such vehicle is found to be illegally parked in violation of this division, provided there are three (3) or more unpaid parking tickets issued to the same vehicle under this division. (b) The immobilizing device shall be attached to the motor vehicle at the location where the vehicle is parked, except that no motor vehicle shall be immobilized within the traveled portion of a street or on a portion of a street when immobilization at such location will create a hazard to the public or traffic on the street. At the time the immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield or other prominent place on the motor vehicle stating the following: (1) The immobilizing device has been so attached; (2) The operator should not attempt to operate the motor vehicle while the immobilizing device is attached; (3) The total amount of fines and charges due for illegal parking and immobiliza- tion; and (4) Where the operator may pay the fines and charges to have the immobilizing device removed from the motor vehicle. (c) The district parking operator, upon approval from the director of public safety or designee, may approve the removal of the immobilizing device upon obtaining a Supp. No. 46 1230.2 • • TRAFFIC AND MOTOR VEHICLES § 21-46 satisfactory arrangement for payment of the fines and charges or upon posting of a cash or surety bond in the amount of the fines and charges due if the owner or operator of the vehicle desires to contest the parking citation issued to the vehicle. (d) The district parking operator, upon approval of the director of public safety or designee, may cause to be towed and impounded any motor vehicle immobilized under this section in accordance with article III, wrecker service, of this chapter 21, if payment of fines and charges or satisfactory arrangements in lieu thereof have not been paid or arranged within twenty-four (24) hours of the attachment of the immobilization device. As an alternative to immobilizing a motor vehicle as provided in this section, the district parking operator, upon approval of the director of public safety or designee, may immediately cause to be towed any illegally parked motor vehicle where such violation creates a public safety concern. All expenses for towing and impoundment shall be the responsibility of the owner of the motor vehicle pursuant to section 21-51. (Ord. No. 75-19-21, § 1, 8-12-19) Sec. 21-46. Pay for parking revenue fund. (a) Establishment of fund. The city commission hereby establishes the pay for parking revenue fund ("parking fund") for the purposes of accepting and disbursing monies paid to the city from the pay for parking program in the Beaches Town Center. This parking fund may be used within the city boundaries to fund complete streets projects including but not limited a comprehensive, integrated transportation network with infrastructure and design that allow safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, and families (i.e., new sidewalks, sidewalk repairs, cross walks, traffic calming measures, bike racks, road diets, benches, transit shelters/ride share drop off points, etc.). This parking fund may also be used to fund landscape and/or hardscape projects within the Beaches Town Center area. The parking fund may also be used to fund alternative transportation and parking solutions within the city. Fifty (50) percent of the first year's parking revenue funds received by the city shall be reserved, until the buy-out terms expire as outlined in the interlocal agreement with the City of Neptune Beach approved in accord with Resolution No. 19-48, to fund the hardware/software buy-out in the event the city cancels the joint pay for parking program. No other uses of the parking fund are permitted. (b) Terms of existence. The parking fund shall be self-perpetuating from year to year unless specifically terminated by the city commission. (c) Parking fund assets. All funds received shall be placed in the parking fund for and inure to the public use and benefit of the city. Said funds shall be used in accordance with the provisions of subsection (a) above and distributed as designated by the city commission. Supp. No. 46 1230.3 § 21-46 ATLANTIC BEACH CODE (d) Parking fund administration. (1) Parking funds shall be used only for the purposes designated by the city in accordance with the intent of this section 21-46 and the applicable goals, objectives and policies as set forth within the comprehensive plan. (2) All funds collected from the pay for parking established in division 3 of this chapter shall be deposited in the parking fund, which shall be a separate account established and maintained apart from the general revenue fund of the city. (e) Disbursal of parking fund assets. (1) Expenditures for projects funded by the parking fund shall be made in accordance with the established purchasing procedures of the city. (Ord. No. 75-19-22, § 1, 11-25-19) Secs. 21-47-21-49. Reserved. ARTICLE HI. WRECKER SERVICE Sec. 21-50. Establishment of rotating wrecker call list. The director of public safety, subject to approval by the city manager, is hereby authorized to establish standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing firms, companies, or corporations licensed to conduct that business may apply for a listing by the police department on the rotating wrecker call list. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-51. Charges for towing and storage. The charges for towing and otherwise removing any damaged or disabled motor vehicle from any point within the city shall be as set forth in section 804.1204 of the City of Jacksonville Code of Ordinances with rates as defined by section 804.1205 of the City of Jacksonville Code of Ordinances as amended from time to time. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-53. Liability insurance. All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not less than one hundred thousand dollars ($100,000.00) for damages arising from bodily injury or death to any one (1) person, not less than three hundred thousand dollars Supp. No. 46 1230.4 • • • • • TRAFFIC AND MOTOR VEHICLES § 21-61 ($300,000.00) for damages arising from bodily injury of more than one (1) person in any one (1) accident, and property insurance in an amount not less than fifty thousand dollars ($50,000.00). (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-54. Repairing motor vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed motor vehicle without the written consent signed by its owner or his duly authorized agent. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Sec. 21-55. Towage and storage charges. Any and all towage and storage charges reasonably due to: (1) the owner of the wrecker service that towed a motor vehicle removed Under the provisions of this article; or (2) the owner of the garage or other place where a motor vehicle has been removed to and stored under provisions of this article, shall constitute a lien against the motor vehicle. The owner of the garage or other place where the motor vehicle is stored is hereby authorized to hold the motor vehicle until the towage and storage charges are paid by, or on behalf of, the owner of the motor vehicle. In no event shall the city, or any officer, employee, or department thereof, be liable for such charges by reason of their enforcement of this section. (Ord. No. 75-18-20, § 2(Exh. A), 1-14-19) Secs. 21-56-21-60. Reserved. ARTICLE IV. MOTOR VEHICLE TITLE LOANS Sec. 21-61. Motor vehicle title loan transactions. A secondhand dealer registered under Chapter 538, Part I, Florida Statutes, may engage in motor vehicle title loan transactions, as that term is used in Chapter 538, Part I, Florida Statutes, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle; Supp. No. 46 1230.5 • • Chapter 24 LAND DEVELOPMENT REGULATIONS* Article I. In General Sec. 24-1. Adoption and authority. Sec. 24-2. Purpose and intent. Sec. 24-3. Jurisdiction. Sec. 24-4. Amendments. Sec. 24-5. Legal status and consistency with the comprehensive plan. Secs. 24-6-24-15. Reserved. Article II. Language and Definitions Sec. 24-16. Construction of language. Sec. 24-17. Definitions. Sec. 24-18. Acronyms. Secs. 24-19-24-30. Reserved. *Editor's note -Section 2(Exh. A) of Ord. No. 90-10-212, adopted March 8, 2010, repealed and replaced former Ch. 24, Arts. I -VI, §§ 24-1--24-284, in its entirety. Former Ch. 24 pertained to zoning, subdivision and land development regulations and derived from Ord. No. 90-03-184, § 2, adopted Dec. 8, 2003; Ord. No. 90-04-185, § 1, adopted June 28, 2004; Ord. No. 90-06-188, § 1, adopted March 13, 2006; Ord. No. 90-06-189, § 1, adopted Feb. 27, 2006; Ord. No. 90-06-193, § 1, adopted May 22, 2006; Ord. No. 90-06-195, § 1, adopted Sept. 11, 2006; Ord. No. 90-06-196, § 1, adopted Nov. 13, 2006; Ord. No. 90-06-197, § 1, adopted Dec. 11, 2006; Ord. No. 90-07-198, § 1, adopted Jan. 8, 2007; Ord. No. 90-07-199, § 1(Exh. A), adopted April 23, 2007; Ord. No. 90-07-200, §§ 1 and 2(Exh. A), adopted July 9, 2007; Ord. No. 90-07-201, § 1(Exh. A), adopted Aug. 13, 2007; Ord. No. 90-08-203, § 1(Exh. A), adopted March 24, 2008; Ord. No. 90-08-206, §§ 1(b) and (c), adopted Aug. 25, 2008; Ord. No. 90-09-208, § 1, adopted Sept. 14, 2009; Ord. No. 90-09-210, § 1, adopted Sept. 28, 2009; and Ord. No. 90-09-211, § 1, adopted Oct. 26, 2009. See Code Comparative Table for complete history derivation. Subsequently, Ord. No. 90-19-240, § 3(Exh. A), adopted July 8, 2019, repealed Ch. 24 in its entirety and enacted a new, revised Ch. 24 as herein set out. Former Ch. 24, §§ 24-1-24-5, 24-16, 24-17, 24-31, 24-46-24-51, 24-61-24-69, 24-81-24-89, 24-101-24-126, 24-151-24- 182, 24-186-24-192, 24-201-24-204, 24-221, 24-231--24-235, 24-251-24-279, pertained to similar subject matter. At the request of the city, former section history notes have been retained. 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 structures, 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. 46 1403 ATLANTIC BEACH CODE Article III. Zoning Regulations Division 1. In General Sec. 24-31. Scope. Secs. 24-32-24-45. Reserved. Division 2. Administration Sec. 24-46. City commission. Sec. 24-47. Community development board. Sec. 24-48. Planning and community development director. Sec. 24-49. Appeals. Sec. 24-50. Vested rights. Sec. 24-51. Public hearings and required notice. Secs. 24-52-24-59. Reserved. Division 3. Application Procedures Sec. 24-60. Amendment and repeal. Sec. 24-61. Process chart. Sec. 24-62. Change in zoning district classification. Sec. 24-63. Use -by -exception. Sec. 24-64. Administrative variances. Sec. 24-65. Variances. Sec. 24-66. Waiver. Sec. 24-67. Development, construction and storage within zoning districts. Sec. 24-68. Stouuiwater, drainage, storage and treatment requirements. Sec. 24-69. Development review and issuance of development permits. Sec. 24-70. Land clearing and alteration of site grade or topography. Sec. 24-71. Fees. Secs. 24-72-24-79. Reserved. Division 4. General Provisions and Exceptions Sec. 24-80. Rules for determining boundaries. Sec. 24-81. General restrictions upon land, buildings and structures. Sec. 24-82. Required yards and permitted projections into required yards. Sec. 24-83. Double frontage (through) lots and oceanfront lots. Sec. 24-84. Lots of record and nonconforming lots of record. Sec. 24-85. Nonconforming structures and uses. Sec. 24-86. Special treatment of lawfully existing two-family dwellings or townhouses affected by future amendments to the official zoning map or the land development regulations. Sec. 24-87. Reserved. Sec. 24-88. Design and construction standards for two or more townhouse units. Sec. 24-89. Garage apartments (as allowed in combination with private garages). Secs. 24-90-24-100. Reserved. Division 5. Establishment of Districts Sec. 24-101. Intent and purpose. Supp. No. 46 1404 • • LAND DEVELOPMENT REGULATIONS Sec. 24-102. Zoning districts established. Sec. 24-103. Conservation district (CON). Sec. 24-104. Residential, single -family -Large lot district (RS -L). Sec. 24-105. Residential, single-family district (RS -1). Sec. 24-106. Residential, single-family district (RS -2). Sec. 24-107. Residential, two-family district (RG). Sec. 24-108. Residential, multi -family district (RG -M). Sec. 24-109. Residential, Selva Marina District (R -SM). Sec. 24-110. Commercial, professional office district (CPO). Sec. 24-111. Commercial limited district (CL). Sec. 24-112. Commercial general district (CG). Sec. 24-113. Light industrial and warehousing districts (LIW). Sec. 24-114. Special purpose district (SP). Sec. 24-115. Central business district (CBD). Sec. 24-116. Traditional marketplace district (TM). Division 6. Special Planned Area District (SPA) Sec. 24-117. Purpose and intent. Sec. 24-118. Special planned area district required. Sec. 24-119. Permitted uses and site requirements. Sec. 24-120. Process for rezoning to special planned area district. Sec. 24-121. Development standards and criteria. Sec. 24-122. Master site development plan required. Sec. 24-123. Platting. Sec. 24-124. Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). Sec. 24-125. Expiration of time limits provided in ordinance. Sec. 24-126. Effect on previously approved planned unit developments (PUDs). Secs. 24-127--24-150. Reserved. Division 7. Supplementary Regulations Sec. 24-151. Accessory uses and structures. Sec. 24-152. Child care. Sec. 24-153. Churches. Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. Sec. 24-155. Establishments offering live entertainment. Sec. 24-156. Exceptions to height limitations. Sec. 24-157. Fences, walls and similar structures. Sec. 24-158. Dog -friendly restaurants. Sec. 24-159. Home occupations. Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above -ground tanks. Sec. 24-161. Off-street parking and loading. Sec. 24-162. Parking lots. Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. Sec. 24-164. Swimming pools, hot tubs, spas and ornamental pools/ponds. Sec. 24-165. Gas stations. Supp. No. 46 1405 ATLANTIC BEACH CODE Sec. 24-166. Signs. Sec. 24-167. Required buffers between residential and nonresidential uses. Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation. Sec. 24-169. Pharmacies and medical marijuana treatment center dispensing facilities. Sec. 24-170. Reserved. Sec. 24-171. Commercial corridor development standards. Sec. 24-172. Residential development standards. Sec. 24-173. Neighborhood preservation and property maintenance standards. Sec. 24-174. Boats and watercraft. Sec. 24-175. Mayport business overlay district. Division 8. Landscaping Sec. 24-176. Applicability, requirements, buffer design standards, maintenance, protec- tion, visibility, and exceptions. Sec. 24-177. Florida -friendly landscaping and landscape irrigation. Sec. 24-178. General provisions. Sec. 24-179. Florida -friendly use of fertilizer on urban landscapes. Secs. 24-180-24-185. Reserved. •Article IV Subdivision and Site Improvement Regulations Division 1. Generally Sec. 24-186. Purpose and intent. Sec. 24-187. Subdivision and subdivision improvements defined. Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a replat. Sec. 24-189. Exemptions from the requirement for approval and recording of a final subdivision plat or replat. Sec. 24-190. Waiver for subdivisions. Sec. 24-191. Vacation of previously recorded subdivision plats. Secs. 24-192-24-200. Reserved. Division 2. Application Procedure Sec. 24-201. General requirements. Sec. 24-202. Review and approval procedure. Sec. 24-203. Review of proposed plat or changes to a previously recorded plat. Sec. 24-204. Proposed final plat review and approval. Secs. 24-205-24-220. Reserved. Division 3. Required Improvements Sec. 24-221. Generally. Secs. 24-222-24-230. Reserved. Division 4. Assurance for Completion and Maintenance of Improvements Sec. 24-231. Commencement of construction. Sec. 24-232. Performance security. Supp. No. 46 1406 LAND DEVELOPMENT REGULATIONS Sec. 24-233. Maintenance security. Sec. 24-234. Inspections. Sec. 24-235. Issuance of certificate of completion. Secs. 24-236-24-250. Reserved. Division 5. Design and Construction Standards for All Development and Redevelopment Sec. 24-251. General requirements. Sec. 24-252. Streets. Sec. 24-253. Driveways. Sec. 24-254. Easements. Sec. 24-255. Blocks. Sec. 24-256. Lots. Sec. 24-257. Provision for required recreation. Sec. 24-258. Clearing and grading of rights-of-way. Sec. 24-259. Centralized sewer and water services. Sec. 24-260. Installation of septic tanks, private wastewater, and onsite sewage treatment and disposal systems. Sec. 24-261. Reserved. Article V. Environmental and Natural Resource Regulations Division 1. Wellhead Protection Sec. 24-262. Purpose and intent. Sec. 24-263. Establishing and mapping wellhead protection areas. Sec. 24-264. Investigations and monitoring. Sec. 24-265. Prohibitions in wellhead protection areas. Sec. 24-266. Requirements within wellhead protection areas. Sec. 24-267. Notice of release or spill of contaminants in wellhead protection areas. Sec. 24-268. Authority and responsibilities of the city. Sec. 24-269. Reserved. Division 2. Protection of Wetland, Marsh and Waterway Resources Sec. 24-270. Purpose and intent. Sec. 24-271. Environmental assessment and protection of wetlands and environmentally sensitive areas. Sec. 24-272. Reserved. Article VI. Concurrency Management System Division 1. Concurrency Management System Sec. 24-273. Purpose and intent. Sec. 24-274. Administrative responsibility. Sec. 24-275. Applicability. Sec. 24-276. Projects not requiring a concurrency certificate. Sec. 24-277. Application and review and approval requirements. Sec. 24-278. Timing and completion of required public facility improvements. Supp. No. 46 1407 ATLANTIC BEACH CODE Sec. 24-279. Capacity and level of service inventory. Supp. No. 46 1408 • • • • • LAND DEVELOPMENT REGULATIONS § 24-4 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 of Atlantic Beach into zoning districts; to review, approve or deny requests to change zoning district classifications; to establish procedures for 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-2. Purpose and intent. The purpose of this chapter, the zoning districts and regulations 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 overcrowding of land; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. Further: (a) 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, and general welfare of the community. (b) It is not intended by this chapter to interfere with or abrogate or annul any easements 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 of Atlantic Beach. 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-4. Amendments. To provide for the public health, safety and general welfare of the City of Atlantic Beach, the city commission may, from time to time, amend the provisions of this chapter. Public Supp. No. 46 1409 § 24-4 ATLANTIC BEACH CODE 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 24-51 of this chapter. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-5. Legal status and consistency with the comprehensive plan. Pursuant to F.S. § 163.3194(1), as may be amended, all development undertaken, and all actions taken regarding 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 require- ments 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 F.S. § 163.3184. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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: (a) The particular or specific shall control the general. (b) 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. (c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. (d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably. (e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (f) 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: (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. Supp. No. 46 1410 • • • • • 40 LAND DEVELOPMENT REGULATIONS § 24-17 (g) 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. (h) 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 for the City of Atlantic Beach, 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. (i) 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. Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning. Note: The definitions set forth within this section establish the meaning of terms used throughout and, unless expressly defined otherwise in this Code of Ordinances, in other chapters of the city's Code of Ordinances, and are also instructive as to how these land development regulations are implemented as related to the use and limitations of lands within the city. Abandon shall mean to discontinue a use for more than a specified period of time. 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. Access, point of shall mean a paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right-of-way or from public or private premises including off-street parking areas. Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right-of-way. An access point may include multiple ingress and egress lanes and a divider median provided that all features utilize the same apron. Supp. No. 46 1411 § 24-17 ATLANTIC BEACH CODE Accessory use, building, or structure shall mean a use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure. Accessory structures include, but are not limited to the following: sheds, unattached garages, swimming pools, docks, gazebos, satellite dishes, screen enclosures, rooftop solar panels, and garage apartments. Acre, gross, means forty-three thousand five hundred sixty (43,560) square feet. Addition shall mean an extension or increase in floor area or height of a building or structure. Adjacent shall mean next to or adjoining something else. Adjoining in the context of land shall mean a lot or parcel of land, when the lot or parcel share all or part of a common lot line. Adjoining in the context of structures shall mean two (2) or more structures sharing all or part of a common wall. Administrative variance shall mean a minor variance that may be granted by the planning and community development director in accordance with section 24-64. Administrator shall mean the City of Atlantic Beach city manager, or an administrative official of the City of Atlantic Beach government designated by the city manager. Adult care facility shall mean a facility licensed and operated in accordance with state and other standards as may be applicable, providing general supervisory care for five (5) or more adults. 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 City of Atlantic Beach 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 right-of-way providing a secondary means of access and service to abutting property. Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clinic." Apartment house. See "Dwelling, multifamily." 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, a waiver, a plat, an administrative variance, or any development permit. Application of fertilizer means the actual physical deposit of fertilizer to turf or landscape plants, whether solid or liquid product is used. Supp. No. 46 1412 • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Atlantic Beach. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. To determine 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. Assessed value shall mean the value of an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Florida law. Automatic irrigation system shall mean an artificial watering system with a program- mable controller or timing mechanism designed to automatically transport and deliver water to plants. Automotive service, minor shall mean any facility that performs the limited, minor or routine servicing of motor vehicles or parts, but shall not include major automotive repair, and which contains no more than two (2) work bays. Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2) work bays, or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of the number of work bays. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE) shall mean the elevation shown on the FEMA flood insurance rate map for zones AE, AH, A1—A30, AR, AR/A, AR/AE, AR/A1—A30, AR/AO, V1—V30, and VE that indicates the water surface elevation resulting from a flood that has a one -percent chance of equaling or exceeding that level in any given year. Best management practice (BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management. Block includes tier or group and shall mean a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified. 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 equipment or dining facilities are provided in individual rooms. Supp. No. 46 1413 § 24-17 ATLANTIC BEACH CODE 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 from the date of any project's certificate of occupancy or completion. (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 twenty-five (125) percent of the engineer's estimate of costs. 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 or fences. Buffering. See "Screening." Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of city Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal construction control line. Building shall mean a 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 buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. "Building" or "structure" includes parts thereof and these terms may be used interchangeably. Building permit shall mean any permit, which authorizes the commencement of construc- tion or development 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 setback shall mean the minimum required horizontal distance, where structures over thirty (30) inches are prohibited unless otherwise specified in this chapter, between the front, rear or side property lines of any lot and the nearest exterior front, rear or side wall of Supp. No. 46 1414 • • LAND DEVELOPMENT REGULATIONS § 24-17 any building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of a lot or the property, as depicted on a platted lot of record. Buildings 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. Capital improvement shall mean physical, assets constructed or purchased to provide, improve, or replace a public facility or public infrastructure. The cost of a capital improvement is generally nonrecurring and may require multiyear budgeting and financing. For these land development regulations, physical assets which have been identified as existing or projected needs in the capital improvement element in the city's comprehensive plan shall be considered capital improvements. Car wash shall mean a facility 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. Any parcel containing a car wash shall be located a minimum of one hundred (100) feet from the lot line (measured from the parcel line to the nearest parcel line) of any parcel that is residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance with article III, division 8 of this chapter. Cemetery shall mean land used or intended to be used for the burial of animal or human remains and dedicated for cemetery purposes and may include mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach 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. 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. Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Supp. No. 46 1415 § 24-17 ATLANTIC BEACH CODE 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 Classifica- tion (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 twenty-four (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 facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, other than a family day care home, 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. Childcare facilities 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. 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. City shall mean the City of Atlantic Beach. Clinic shall mean an establishment where patients, who are not kept 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 privately -owned establishment owned and operated by a corporation or association of persons for social or recreational purposes and typically requires a member- ship. 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, Chapter 161, Florida Statutes, which is administered by the FDEP. Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida. Code enforcement officer, official or inspector means any designated employee or agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach. Commercial corridor means the lands extending a depth of one hundred (100) feet outward from the outer boundaries of the rights-of-way along Mayport Road and Atlantic Boulevard, including any parcels which are partially within said one hundred (100) feet. Supp. No. 46 1416 • • • LAND DEVELOPMENT REGULATIONS § 24-17 Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Communication tower means a tower which supports communication equipment (such as radio, tv or telecommunications for either transmission or receiving). The term "communica- tion tower" shall not include amateur radio operators' equipment, including citizen's band (CB), VHF and UHF aircraft/marine, and other similar operators. Design examples of communication towers are described as follows: (i) self-supporting lattice; (ii) guyed; and (iii) monopole. 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. Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Comprehensive plan shall mean the local government comprehensive plan, which is adopted by the city commission pursuant to the Community Planning Act pursuant to Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to F.S. § 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 and to determine compliance with the Florida Building Code and city's Code of Ordinances. Convenience store shall mean an establishment of no less than two thousand (2,000) square feet and no more than five thousand (5,000) square feet of conditioned space used for the retail sale of consumable goods and may include sit-down restaurant areas. Corner lot. See "Lot, corner." Covenants shall mean various forms of agreements and deed restrictions recorded in the public records that restrict the use of property. Cul-de-sac shall mean a street terminated at the end in a vehicular turnaround. Density shall mean an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. Density shall include number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers, jurisdictional wetlands and lands seaward of the coastal construction control line. Supp. No. 46 1417 § 24-17 ATLANTIC BEACH CODE Developer shall mean any person, including a governmental agency, undertaking any development as defined in this section. Development and redevelopment shall mean the following, generally in accordance with F.S. § 380.04: (a) 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 three (3) or more parcels. (b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure on land. (2) 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 structure or on land. (3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in F.S. § 161.021. (4) Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel of land. (5) Demolition of a structure. (6) Clearing of land as an adjunct of construction. (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land. (c) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: (1) 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. (2) Work by a utility and/or other person engaged in the distribution or transmis- sion 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. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (3) 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. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. Supp. No. 46 1418 • • • LAND DEVELOPMENT REGULATIONS § 24-17 (5) A change in the ownership or form of ownership of any parcel or structure. (6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. Development order shall mean any order granting, denying, or granting with conditions an application for a development permit. Development parcel, or development site (see also definition for single development parcel) shall mean the contiguous or adjacent lands, lots or parcels for which a unified development project is proposed. 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 single lots (see section 24-84), unless all requirements for development as single lots shall be met including, but not limited to, lot area, lot width, impervious surface area limitations, and provision of all required yards for all structures. The construction of a fence does not constitute the creation of single lots. Development permit shall include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land. District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter. Division shall mean the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation. 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. Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a load capacity in excess of two (2) tons, used for commerciaUprivate use and used as a means of transporting persons or property over the public street of the city and propelled by power other than muscular power which have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle. 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, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Supp. No. 46 1419 § 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 for public or private utilities, drainage, sanitation, or other specified uses having limitations, the fee simple title to which shall remain in the name of the property owner. Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure of a building. Electric charging station shall mean a parking space or portion of a property containing a device used to transmit electricity to the batteries of motor vehicles. Elevation certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in the local floodplain datum as required by Federal Emergency Manage- ment Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by the state or local law to certify elevation information. Emitter shall mean the sprinkler head or other device that discharges water from an irrigation system. Engineer means a professional engineer registered to practice engineering by the state who is in good standing with the state board of engineer examiners. Enlargement or expansion shall mean an increase in size of any development that requires a development permit. Environmental assessment shall mean a study and a written report prepared in accordance with the State of Florida's approved methodology for wetlands determination in accordance with F.S. § 373.421, and Section 62-340.300, FAC for verification and identifica- tion of environmental and habitat characteristics. Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria: (a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water Management District (SJRWMD); (b) Estuaries or estuarine systems; (c) Outstanding Florida Waters as designated by the State of Florida and natural water bodies; (d) 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; Supp. No. 46 1420 • • • LAND DEVELOPMENT REGULATIONS § 24-17 (e) Areas designated as conservation on the future land use map; (f) 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, the U.S. Fish and Wildlife Service, and the FDEP. 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 over the age of eighteen (18). The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. Family day care home shall mean an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, that is operated and properly licensed in accordance with the laws and regulations of the State of Florida. Household children under thirteen (13) years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. Pursuant to F.S. § 166.0445, the operation of a residence as a family day care home registered and licensed with the department of children and family services or other licensing agency shall constitute a permitted residential use and shall not require approval of a use -by -exception. A family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include household children under thirteen (13) years of age: (a) A maximum of four (4) children from birth to twelve (12) months of age. (b) A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children. (c) A maximum of six (6) preschool children if all are older than twelve (12) months of age. (d) A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. Faulty well means any well completed into the Floridan aquifer or Hawthorne Group which does not meet the requirements as specified in section 24-266 of this chapter. Fence shall mean any vertical improvement constructed of wood, vinyl, lattice, masonry, fence 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 landscaping and plant materials shall not be construed as a fence, but shall comply with applicable regulations for such features as set forth within section 24-157 of this chapter. Supp. No. 46 1421 § 24-17 ATLANTIC BEACH CODE Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a building. Minimum required finished floor elevation is established by the FEMA insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half (8.5) feet above mean sea level (see also subsection 24-81(k)). Flood -prone areas shall mean areas inundated during a 100 -year flood event or areas identified by the Federal Emergency Management Agency as an A Zone on flood insurance rate maps (FIRM) or flood hazard boundary maps. Florida -friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance. Floor area shall mean the sum of the 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. Floor area ratio shall mean the ratio of a building's total floor area (gross floor area) to the size of the lot or parcel upon which it is built. Floridan aquifer system means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water -yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Floridan aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Supp. No. 46 1422 • • LAND DEVELOPMENT REGULATIONS § 24-17 Park Limestone or permeable carbonate beds of the Hawthorn Formation form the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone. Foster home shall mean any establishment or private residence that provides twenty -four- 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 which is licensed and operated in accordance with state and any other applicable regulating agencies. Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE). Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids or gases used as fuel in motor vehicles, typically designed as a single unit capable of dispensing fuel to two (2) motor vehicles at the same time. 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 in the same structure with a private garage, allowed only as set forth within section 24-89. 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 carport shall be considered as a private garage. 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. 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. Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane, hydrogen or other fuels intended for use in motor vehicles. Goal as used in the city's comprehensive plan shall mean the long-term end toward which programs or activities are ultimately directed. Governing body shall mean the city commission of the City of Atlantic Beach. Sup). No. 46 1423 § 24-17 ATLANTIC BEACH CODE Government use shall mean the use of lands owned by the federal, state or local government 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: any development; redevelopment; or any future topographic alteration of a site. Grade, established shall mean the elevation of a site after any duly authorized and approved fill, excavation or topographic alterations have been completed. 35' ReconEtruction Established Grade\ Figure 1 Grade, established 33' Grade, preconstruction shall mean the elevation of a site prior to development, redevelop- ment, or any topographic alterations. Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high, intended to cover the ground. Group care home shall mean any properly licensed dwelling, building or other place, whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a period exceeding twenty-four (24) hours is provided and involves 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, but 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 other than distribution of prescribed medicines. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Guest house or guest quarters shall mean a building or portion therein used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. Supp. No. 46 1424 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Hawthorne Group well means any well that penetrates a portion of the Hawthorne Formation, with a screened or open hole segment terminating within the Hawthorne Formation. Height shall mean the vertical distance from the applicable beginning point of measure- ment to the highest point of a building's roof structure or parapet, and any attachment thereto, exclusive of chimneys. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. High volume irrigation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (gph) or one-half (.5) gallons per minute (gpm) or greater. High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses. 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. Hospital shall mean any institution or clinic, which maintains and operates facilities registered, licensed and operated as a hospital in accordance with the State of Florida regulations, 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 convalescent home or similar institutional use. Hotel, motel, resort rental, or bed and breakfast shall mean a building, or portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily, weekly, or monthly lodging, properly licensed and operated in accordance with State of Florida regulations. This definition shall not include private homes leased for periods exceeding ninety (90) days. Hydrozone shall mean an irrigation watering zone in which plant materials with similar water needs are grouped together. Hydrozone plan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone. 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 Supp. No. 46 1425 § 24-17 ATLANTIC BEACH CODE balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. The water surface area of swimming pools shall be calculated as fifty (50) percent impervious surface. Improvements shall include, but not be limited to, structures, buildings, fences, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, signs, street lights, landscap- ing, monuments, or any other improvement to land. Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Institutional use shall mean a use intended for social services, non -profits, or quasi -public institutions. Design standards for each institutional use may vary and should be considered on a case-by-case basis. Intensity shall mean an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services. Intertidal zone (or littoral zone) is the area along a shore that lies between the high and low tide marks, bridging the gap between land and water. At high tide, the intertidal zone is submerged beneath the water, and at low tide it is exposed to air. Irrigation zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices. Isolated wetland shall mean a wetland area defined as isolated wetlands by the State of Florida or the U.S. Army Corps of Engineers. Junk yard. See "Salvage yard." Junked vehicle shall mean any abandoned, 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 (1) 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. 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. Supp. No. 46 1426 • • • LAND DEVELOPMENT REGULATIONS § 24-17 Kitchen shall mean an area of a building permanently equipped for food storage, preparation, 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, below, or on the surface, and includes any improvements or structures customarily regarded as part of the land. Land development regulations shall mean this chapter and any other ordinances enacted by the city for the regulation of any aspect of land use and development and includes zoning, rezoning, subdivision, building, construction, or sign regulations or other regulations controlling the use and development of land. Land use shall mean any development that has occurred, any development that is proposed by an applicant, or the use that is permitted or permissible pursuant to the adopted comprehensive plan or element or portion thereof, or land development regulations, as the context may indicate. Landscape plant shall mean any native or exotic tree, shrub, or groundcover (excluding turf). Landscaped area shall mean the vegetated area of a lot or parcel including planted and natural areas. Landscaping shall mean 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. 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. Level of service shall mean an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. Live -aboard vessel shall mean: (1) Any vessel used solely as a residence and not for navigation; or (2) Any vessel represented as a place of business, a professional or other commercial enterprise; or (3) Any vessel for which a declaration of domicile as a legal residence has been filed with the clerk of the circuit court of Duval County, Florida in accordance with F.S. § 222.17. Supp. No. 46 1427 § 24-17 ATLANTIC BEACH CODE A commercial fishing boat is expressly excluded from the term live -aboard vessel, and this definition shall not be construed to include watercraft or cruising vessels that are engaged in recreational activities or navigation and traveling along the Intracoastal Waterway from anchoring temporarily or overnight. 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 F.S. § 847.001(2). Living area, minimum, shall mean conditioned space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes. 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. Local planning agency shall mean the community development board for the City of Atlantic Beach which shall have the powers and duties set forth by the Community Planning Act, Chapter 163, Florida Statutes, this chapter and chapter 14. Lot shall mean a tract or parcel of land and shall also mean the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified. 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. Unless conflicting with the prevailing development pattern of the adjacent lots, 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 ten (10) 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, interior shall mean a lot other than a corner lot with only one (1) frontage on a street. 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: (a) 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 Supp. No. 46 1428 • • • • e LAND DEVELOPMENT REGULATIONS § 24-17 (b) 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 types. A = Corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees. B = Interior lot, defined as a lot other than a corner lot with only one (1) frontage on a street. C = Double frontage lot or through lot, defined as a lot other than a corner lot with frontage on more than one (1) street. Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. Low intensity retail shall mean those businesses that provide goods for the closely surrounding neighborhood including, but not limited to, the sale of wearing apparel, toys, sundries and notions, books and stationery, luggage, and jewelry. Low intensity service establishments shall mean those businesses that serve the needs of the closely surrounding neighborhood including, but not limited to, beauty and barber shops, shoe repair, dress makers, and laundry pick-up. Low maintenance zone means a landscape area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed to minimize the need for fertilization, watering, mowing, etc. Low volume or micro irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems. Marina shall mean an establishment with a waterfront location for storing watercraft and pleasure boats on land, in buildings, in slips or on boat lifts, and includes accessory facilities for purposes such as refueling, minor repair and launching. Master development plan or master plan shall mean a planning document that integrates plans, orders, agreements, designs, and studies to guide development as herein defined and may include, as appropriate, authorized land uses, authorized amounts of horizontal and vertical development, and public facilities, including local and regional water storage for water quality and water supply. Mean high water shall mean the average height of the high waters over a nineteen -year period. For shorter periods of observations, "mean high water" means 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 -year value, as defined in F.S. § 177.27. Supp. No. 46 1429 § 24-17 ATLANTIC BEACH CODE Mean high water line shall mean the intersection of the tidal plane of mean high water with the shore, as defined in F.S. § 177.27 and is generally recognized as the boundary between state sovereignty lands and uplands subject to private ownership. Mean sea level (MSL) shall mean the average height of the sea for all stages of the tide, which is a national standard reference datum for elevations. Medical marijuana treatment center means a facility licensed by the Florida Department of Health that can cultivate, process, transport or dispense marijuana or marijuana related products in accordance with F.S. § 381.986, as amended. Medical marijuana treatment center dispensing facility means a facility licensed and operated for the purpose of dispensing medical marijuana, in accordance with F.S. § 381.986, and all other applicable local and state rules, regulations and statutes. Medical product manufacturing shall mean facilities that manufacture prosthetic appli- ances, dentures, eyeglasses, hearing aids and similar medical products. Mini -warehouses or personal storage facilities shall include all those businesses, which are utilized for the sole purpose of storage of tangible personal property other than motor vehicles. No business activity shall be conducted within mini -warehouses or personal storage facilities. Mixed use shall mean a development or redevelopment project containing a mix of compatible uses intended to support diversity in housing, walkable communities, the need for less automobile travel and a more efficient use of land. Uses within a particular mixed-use project shall be consistent with the land use designations as set forth within the comprehensive plan and the requirements of this chapter. 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. Mobile food vending units means a public food service establishment that is either self-propelled or otherwise movable from place to place which is properly licensed and operated in accordance with state regulations. A mobile food vending unit must have, as part of the unit, a three -compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate hand wash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP -gas, or portable power generation unit; a potable water holding tank; and a means for liquid waste containment and disposal. Mulch means organic materials customarily used in landscape design to retard erosion and retain moisture. Natural event means an unusual, extraordinary, sudden, unavoidable or unexpected manifestation of the forces of nature beyond control of any person which may include, but not be limited to, hurricanes, windstorms, floods, storms, fire, acts of war (declared or Supp. No. 46 1430 • • • • • LAND DEVELOPMENT REGULATIONS § 24-17 undeclared), acts of terrorism, failure of energy sources and other catastrophes. An event shall not be considered a natural event if it results from the intentional or deliberate act of the owner or through neglect. Natural resource based recreation shall mean activities, such as kayaking, canoeing, rowing, biking, hiking, bird -watching, fishing and similar activities that allow interaction with nature in a manner that does not damage, disrupt or interfere with the natural setting of the resource. Newspaper of general circulation shall mean a newspaper which meets the requirements of Chapter 50, Florida Statutes, and published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates but does not include a newspaper intended primarily for members of a particular professional or occupational group, or newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Nonconforming, legal 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, or which is not otherwise in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was in compliance with all applicable regulations at the time such lot was legally recorded and documented in the public records of Duval County, Florida prior to the effective date of such land development regulations (see "Lot" and "lot of record"). Nonconforming legal 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 legal 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. Objective as used in the city's comprehensive plan means a specific, measurable, intermediate end that is achievable and marks progress toward a goal. Occupied includes designed, built, altered, converted to or intended to be used or occupied. Office use shall mean customary administrative functions associated with a business and uses involving professional services conducted within the business that do not involve on -premises production, manufacture, storage or retail sale of products. 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. 46 1431 § 24-17 ATLANTIC BEACH CODE Outdoor area shall mean an area not enclosed in a building and which is intended or used as an accessory area to a public food service establishment which provides food and/or drink to patrons for consumption in the area. Pain management clinics shall mean any publicly or privately owned facility that advertises in any medium for any type of pain -management service or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain, pursuant to state statutes. Parcel or parcel of land shall mean any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Parking, accessible shall mean parking spaces designed in compliance with the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design ("2010 Standards"), as may be amended. Parking lot shall mean a surface area or structure used exclusively for the temporary parking of motor vehicles, whether or not a fee is charged (see section 24-162). 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 public or private right-of-way, street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements of section 24-161. Patron shall mean any guest or customer of a public food service establishment. 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. Permitted use shall mean the uses and activities that are allowed within a particular zoning district as described within this chapter. In the case of question regarding a typical or similar use, such use shall be determined based upon the Standard Industrial Classifica- tion (SIC) Code Manual issued by the United States Office of Management and Budget. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Pharmacy means a retail store licensed and regulated under Chapter 465, Florida Statutes, where prescription and other medicines and related products are dispensed and sold, but where the retail sale of other non-medical and miscellaneous products may also be sold. Supp. No. 46 1432 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-17 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 performance 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. Policy in the context of the city's comprehensive plan shall mean the way in which programs and activities are conducted to achieve an identified goal. Principal building 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. Privacy structures shall mean vertical improvements such as trellises, screens, partitions or walls that are intended for the purpose of creating privacy for a rear yard, as opposed to a fence which encloses or separates land. Private well means a shallow aquifer, Hawthorne, or Floridan well that is not a public potable water well. Professional surveyor and mapper shall mean a surveyor and mapper registered under Chapter 472, Florida Statutes, who is in good standing with the board of professional surveyors and mappers. Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of Atlantic Beach, issued by the National Weather Service, or if heavy rainfall is likely. Projection means architectural features such as but not limited to a bay window, dormer windows, balcony, or sundeck subject to the provisions set forth in this chapter. 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 facilities shall mean major capital improvements, including without limitation transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities. Supp. No. 46 1433 § 24-17 ATLANTIC BEACH CODE Public food service establishment and food .service establishment shall mean any building, restaurant, vehicle, place, or structure, or any room, division, or area in or adjacent to a building, vehicle, place or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. Public notice shall mean notice required by F.S. § 166.041. The public notice procedures required in this chapter are established as minimum public notice procedures for the City of Atlantic Beach. Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents. Public potable water well means any water well completed into the Floridan aquifer, which supplies potable water to a community water system or to a nontransient, noncommunity water system, as those terms are defined in Rule 62-521.200, Florida Administrative Code. Public water supply utility means the owner of a public potable water well or wellfield. Recreational vehicle (RV) shall include the following types of vehicles: (a) 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. (b) 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. (c) 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. (d) 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. (e) Vans or similar enclosed vehicles specially equipped for camping. Residential treatment facilities (RTF) are community-based residences for individuals exhibiting symptoms of mental illness who are in need of a structured living environment. Residents are limited to those eighteen (18) years of age or over. These facilities were designed to provide long-term residential care with an overlay or coordination of mental health services. A state license covers five (5) levels of care that range from having nurses on staff for twenty-four (24) hours a day to independent apartment residences that receive only weekly staff contact. Supp. No. 46 1434 • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Restaurant shall mean any structure where food is prepared or served for consumption on or off the premises or within an enclosed business or building. Retail establishments shall mean those businesses that provide goods for the surrounding community including, but not limited to, the sale of lumber, hardware, building materials, photo supplies, sporting goods, hobby supplies, pet supplies, home furnishings, and office equipment as well as low intensity retail establishments. Right-of-way shall mean land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies whether established by prescrip- tion, easement, dedication, gift, purchase, eminent domain, or other lawful means. Risk of contamination means the existence of a faulty Floridan or Hawthorne well located within a wellhead protection area, a source of contamination, and/or a gradient in the shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a public potable water well due to cross contamination between aquifers or source waters. 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 manufactur- ing operations or for any type of automotive repair. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Screening shall mean improvements that conceal the existence of something by obstruct- ing the view of it. 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 establishments shall mean those businesses that serve the routine and daily needs of the community in which it is located including, but not limited to, low intensity service establishments, barber or beauty shops, shoe repair shops, laundry or dry cleaners, funeral homes, electronics repair shops, lawn care service, pest control companies, and similar service uses but not including manufacturing, warehousing, storage, or high intensity commercial services of a regional nature. Supp. No. 46 1435 § 24-17 ATLANTIC BEACH CODE Setback shall mean the required distance between the lot line and the building or structure. Unless otherwise provided for within this chapter, setbacks shall be measured from the property line to the exterior vertical wall of a building or structure as opposed to the foundation. See also definition for building setback. Shopping center shall mean a group of retail and other commercial establishments that is planned, developed, owned and managed as an single property, typically with on-site parking provided. Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses. 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. 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 as illustrated in chapter 19, section 19-5. Sign shall mean any identification, description, illustration, or device illuminated or nonilluminated, 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. Sign 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. Single development parcel shall mean a unified development constructed or reconstructed on contiguous lands. Multiple adjacent platted lots shall be considered a single development parcel when: a) removing any of the parcels would create a nonconformity, b) typical elements of a single development are shared across a lot line such as access points, accessory structures, or architectural projections, or c) any permitted structure is located across a lot line (with the exception of fences). Removal of elements from a single development parcel shall not revert any lot back to an individual buildable lot unless minimum lot standards can be met. Site development plan shall mean a plan of development including surveys, maps, drawings, notations and other information as may be required depicting the specific location and design of improvements proposed to be installed or constructed in accordance with the requirements of this chapter. Supp. No. 46 1436 • • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Special planned area shall mean a zoning district classification that provides for 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 special planned area shall also include a commitment for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants or patrons thereof. Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated by a flood event having a one -percent chance of being equaled or exceeded in any given year. SFHAs are labeled as zone A, zone AO, zone AH, zones A1 --A30, zone AE, zone A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/A1—A30, zone AR/A, zone V, zone VE, and zones V1—V30. Stormwater management system shall mean the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site or area. Stormwater runoff means the portion of the storiuwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system. 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. Street shall mean any public or private access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers. Supp. No. 46 1437 § 24-17 ATLANTIC BEACH CODE - RIGHTOF-WAY WIDiil �•, } Figure 2 Street Street classifications shall mean the classification of streets into the following three (3) categories: Arterial highway system: The group of roads constituting the highest degree of mobility and largest proportion of total travel. Collector road system: The group of roads providing a mix of mobility and land access functions, typically within a given county or urban area, linking major land uses to each other or to the arterial highway system. The collector road system is composed of rural major collector roads, rural minor collector roads, and urban collectors (differentiation between major and minor classes is not made in urban areas). Local street system: The group of roads having land access as their primary purpose, typically within a portion of a county or urban area. Although providing the largest proportion of road miles, this system contributes little to total highway travel due to short trip lengths and low volumes. Street, private shall mean a street that is privately owned and maintained, and where a properly recorded private easement has been approved by the city. 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. Supp. No. 46 1438 • • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Structure shall mean anything constructed, installed, or portable, and which is over thirty (30) inches in height or requires a building permit, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. "Building" or "structure" includes parts thereof and these terms may be used interchangeably. Subdivision shall mean the division of land into three (3) or more lots tracts, tiers, blocks, sites, units, or any other division of land; and may include establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. Substantial damage shall mean damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed fifty (50) percent of the market value of the building or structure before the damage occurred. Surety device means an agreement with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement. Surface water means water on the surface of the ground whether or not flowing through definite channels, including the following: (1) Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; (2) Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks; or (3) Any wetland. Surveyor, land, means a land surveyor registered under Chapter 472, Florida Statutes who is in good standing with the Florida State Board of Engineer Examiners and Land Surveyors. Temporary and portable buildings and structures means any building or structure constructed or erected to not require permanent location on the ground. The City of Atlantic Beach Approved Best Management Practices Training Program means a training program approved per F.S § 403.9338, or any more stringent requirements set forth in this chapter that includes the most current version of the Florida Department of Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the City of Atlantic Beach Public Works Director. Theater shall mean an establishment offering dramatic presentations or showing movies to the general public. Sump. No. 46 1439 § 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 Services, and [the] U.S. Fish and Wildlife Service. Tower site means a parcel on which a communication tower and related accessory structures are located, which may be smaller than the minimum size required in the zoning district. 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 fee -simple title legal description. 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." Transitional living facility is a residential facility that assists persons with spinal cord injuries and persons with head injuries to achieve a higher level of independent functioning in daily living skills. Transportation network company or 'TNC" means an entity operating in this state pursuant F.S § 627.748 to using a digital network to connect a rider to a TNC driver, who provides prearranged rides. A TNC is not deemed to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract, and is not a taxicab association or for -hire vehicle owner. Travel trailer park or court shall mean a park or court, licensed and approved by the State of Florida, and established to carry on the business of parking travel trailers and other recreational vehicles. Turf sod, or lawn means a piece of grass -covered soil held together by the roots of the grass. Upland buffer shall mean areas of uplands adjacent to a delineated jurisdictional wetland boundary restricted from development. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these land development regulations and the comprehensive plan. Use of land means use of land, water surface, and land under water to the extent covered by these land development regulations and the comprehensive plan, and over which the city commission has jurisdiction. Supp. No. 46 1440 • • • • LAND DEVELOPMENT REGULATIONS § 24-17 Use -by -exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. A use -by -exception may be granted only in accordance with the express provisions of section 24-63 of this chapter. Utilities means, but is not necessarily limited to, water systems, electrical power, energy, natural gas, sanitary sewer systems, stormwater management systems, and telephone, internet or television cable systems; or portions, elements, or components thereof. Valuation or value means, as applied to a building, the estimated cost to construct or replace the building in kind, or in the correct context, may mean the fair market value of a structure. 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 interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 24-65 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 comprehensive 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 or other land development regulations contained within city Code which may be approved by the city commission pursuant to section 24-66. A waiver shall not modify any requirement or term customarily considered as a variance. Watercraft shall mean every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within the City of Atlantic Beach. Wellfield means more than one (1) public potable water well owned by a public water supply utility in close proximity to each other. Wellhead protection area means an area consisting of a five -hundred -foot radial setback distance around a public potable water well or wellfield where the most stringent measures are provided to protect the ground water sources for a potable water well and includes the surface and subsurface area surrounding the well. Supp. No. 46 1441 § 24-17 ATLANTIC BEACH CODE Wellhead protection area map means a map showing the location of the boundary of each of the wellhead protection areas in the city. Wetland buffer means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland. Wetlands shall mean those areas as defined by state law 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 and the jurisdictional authority of such areas 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. Xeriscape means water conserving landscape design utilizing native or drought tolerant vegetation and water efficient irrigation systems. 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, 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. Yard, 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. Yard, side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation. Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district classifications on property within the municipal limits of the City of Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-18. Acronyms. ADA Americans with Disabilities Act ADAAG Accessibility Guidelines for Buildings and Facilities BFE Base Flood Elevation BMP Best Management Practice BRL Building Restriction Line Supp. No. 46 1442 • • • • • LAND DEVELOPMENT REGULATIONS § 24-18 CBD Commercial Business District CCCL Coastal Construction Control Line CG Commercial General CL Commercial Limited CON Conservation Zoning CPO Commercial, Professional Office DCFS Department of Children and Family Services Duplex Dwelling, Two Family EIFS Exterior Insulation and Finish Systems FAC Florida Administrative Code FAR Floor Area Ratio FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FFE Finished Floor Elevation FIRM Flood Insurance Rate Map GIS Geographic Information Systems GPH Gallons per Hour GPM Gallons per Minute IFAS Institute of Food and Agricultural Sciences ISR Impervious Surface Ratio LIW Light Industrial Warehouse MSL Mean Sea Level NGVD National Geodetic Vertical Datum of 1929 NAVD North American Vertical Datum of 1988 NPDES National Pollutant Discharge Elimination Systems OSB Oriented Strand Board PCPs Permanent Control Points PRM Permanent Reference Monument PUD Planned Unit Development RG Residential, General, Two -Family RG -M Residential, General, Multi -Family RS -1 Residential, Single -Family RS -2 Residential, Single -Family RS -L Residential, Single Family, Large Lots R -SM Residential, Selva Marina RV Recreational Vehicle SFHA Special Flood Hazard Areas SIC Standard Industrial Classification SJRWMD St Johns River Water Management District SP Special Purpose SPA Special Planned Area Supp. No. 46 1443 § 24-18 ATLANTIC BEACH CODE TMP Traditional Marketplace TNP Transportation Network Company VUA Vehicular Use Area (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-19-24-30. 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. Administra- tive procedures and the responsibilities of the city commission, the planning and 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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: (a) To enforce this chapter in accordance with, and consistent with, the adopted comprehensive plan for the City of Atlantic Beach. (b) To make amendments to the comprehensive plan, this chapter, the zoning map by a simple majority vote of the city commission after holding required public hearings, and after considering a written recommendation from the community development board performing its functions as the local planning agency. (c) To approve or deny requests for subdivisions, plats and changes to plats and other previously approved special conditions of use or development in accordance with the requirements of this chapter after holding required public hearings and after considering a written recommendation from the community development board where required by this chapter. Supp. No. 46 1444 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-48 (d) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of the land development regulations as set forth within this chapter and as may be contained within other chapters of city Code. (e) To establish fees related to the administrative costs of carrying out the requirements of this chapter. (0 To appoint a planning and community development director to administer the provisions of this chapter, who shall be the city manager or his/her designee. (g) To hear and decide appeals where it is alleged there is an error in any order, requirement or administrative decision made by the planning and community development director in the enforcement of this chapter or other provision of the Code of Ordinances regulating the use and development of land. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) See. 24-47. Cmmunity 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 variances, uses -by -exception or other related matters shall be in conformity with the provisions as set forth within this chapter and chapter 14 of the city Code. It shall be the responsibility of the community development board: (a) To approve or deny use -by -exceptions and variances in accordance with the provisions of this chapter. (b) To hear and make recommendations to the city commission related to changes in zoning district classifications, and amendments to the comprehensive plan. (c) Rulings and decisions of the community development board shall constitute rendi- tion of such decisions and rulings and, unless a later dated written order is issued, the date of the meeting at which the decision or ruling was made shall be the effective date of such ruling or decision, subject to any timely filed appeals. (d) The community development board shall also serve as the local planning agency for the City of Atlantic Beach and shall provide those functions as set forth in Chapter 163, Florida Statutes, as may be amended. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-48. Pflanning and community development director. The planning and community development director shall have the following authorities and responsibilities: (a) To administer and implement this chapter and accomplish actions required by this chapter, including proper notices as specified in this chapter or as otherwise required and the receiving and processing of appeals. Supp. No. 46 1445 § 24-48 ATLANTIC BEACH CODE (b) 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. (c) To receive and initiate the processing of all zoning and land use related applications. (d) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary. (e) To recommend to the community development board and the city commission, amendments to this chapter, the zoning map, and the comprehensive plan, with a written statement outlining the need for such changes. (f) To conduct necessary field inspections required to advise the community develop- ment board and the city commission related to zoning and land use matters. (g) To review site development plans, applications for certain building permits, includ- ing site and lot plans, to determine whether the proposed construction, alterations, 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 approval, shall be required on all development plans before a building permit shall be issued. (h) To grant minor dimensional variances or minor variances to development design standards as set forth in this chapter, excluding changes to lot area, impervious surface area, height and parking, 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 and shall be granted only with written justification as set forth within section 24-65(c) or as demonstrated to preserve a protected tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet with a minimum on one (1) side of five (5) feet, the maximum permitted to be waived is three (3) inches on the five-foot setback and six (6) inches on the ten -foot setback for a cumulative total of nine (9) inches. Similarly, for twenty -foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. Minor dimensional variances may also be authorized where an inadvertent survey- ing error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (i) To post signs and provide for proper published notice of zoning requests in accordance with section 24-51 and to forward appropriate agenda information to be considered at the regular scheduled meetings of the community development board to members at least five (5) days prior to the meeting date. Supp. No. 46 1446 • • • LAND DEVELOPMENT REGULATIONS § 24 49 (j) 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 responsibili- ties assigned to the planning and community development director as may be necessary to carry out properly, the functions of the office. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-49. Appeals. Appeals of administrative decisions made by the planning and 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 a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in section 24-51 hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions 'of the planning and community development director. Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and 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, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) 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 in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the Supp. No. 46 1447 § 24-49 ATLANTIC BEACH CODE administrator shall certify to the city commission 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 order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-50. Vested rights. (a) Determination of vested rights. The determination of vested rights shall be based upon factual evidence provided to the City of Atlantic Beach. 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 planning and community development director, who shall issue a written order in response to each application consistent with Florida law and this section. 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 development subject to an approved vested rights determination shall be consistent with the terms of the development approval upon which the vesting determina- tion was based. (b) Expiration of vested rights. (1) Statutory vested rights determinations which have been recognized by the city, 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 is made unless otherwise specified by the written order vesting determination, provided that the city may cancel and negate such vested rights prior to the expiration of said time period if it is demonstrated that the request for a vested rights determination was 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. (3) Requests to extend the time period of a vested rights determination shall be made to the city commission and shall be granted only upon showing of good cause. (c) Appeals of nested determinations. An appeal of a vested determination may be made in accordance with the processes of section 24-49(a). (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1448 • • • • • LAND DEVELOPMENT REGULATIONS § 24-51 Sec. 24-51. Public hearings and required notice. Notice of all public hearings required under these land development regulations shall be provided by the administrator or designee in accordance with the following provisions: (a) Except as provided in subsection (c) herein, the following procedures shall apply to ordinances that amend the text of the adopted comprehensive plan. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that amend the text of the adopted comprehensive plan. The first public hearing at city commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to the state planning agency pursuant to F.S. § 163.3184. The second public hearing at city commission shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency, unless such time frame is extended pursuant to F.S. § 163.3184. Should the second public hearing at city commission not be timely held, the amendment applica- tion shall be deemed withdrawn pursuant to F.S. § 163.3184. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances that amend the text of the adopted comprehensive plan, shall comply with the requirements of F.S. §§ 163.3184 and 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or his/her designee shall have published an advertisement giving notice of the public hearing in accordance with Chapter 166, Florida Statutes. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the text of the adopted comprehensive plan shall be in substantially the following form: NOTICE OF COMPREHENSIVE PLAN TEXT CHANGE Supp. No. 46 1449 § 24-51 ATLANTIC BEACH CODE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (b) Except as provided in subsection (c) herein, the following procedures shall apply to ordinances that amend the future land use map series of the adopted comprehensive plan. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that amend the future land use map series of the adopted comprehensive plan. The first public hearing at city commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to the state planning agency pursuant to F.S § 163.3184. The second public hearing at city commis- sion shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency pursuant to F.S § 163.3184. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances that amend the future land use map series of the adopted comprehensive plan, shall be as required by F.S §§ 163.3184 and 166.041 unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or his/her designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the Supp. No. 46 1450 • • • LAND DEVELOPMENT REGULATIONS § 24-51 date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the future land use map series of the adopted comprehensive plan shall be in substantially the following form: NOTICE OF FUTURE LAND USE MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (c) The following procedures shall apply to ordinances for small-scale comprehensive plan amendments that amend the future land use map series and related text amendments. For site specific future land use map amendments involving the use of ten (10) acres or less and text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment, the following public hearing and notice requirements shall apply: (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings the latter of which shall be the adoption hearing as required by F.S. §§ 163.3187 and 163.041. All public hearings shall be held on a weekday after 5:00 p.m. Supp. No. 46 1451 § 24-51 ATLANTIC BEACH CODE (2) Notice. All notices regarding ordinances for small-scale comprehensive plan amendments that amend the future land use map series and related text amendments, shall be provided by the city manager or his/her designee as required by F.S. §§ 163.3187 and 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances for small-scale comprehensive plan amend- ments that amend the future land use map series and related text amendments shall be in substantially the following form: NOTICE OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENT The City of Atlantic Beach proposes to adopt the following ordinance (title of ordinance). A public hearing on the ordinance shall be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting(s) and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. Supp. No. 46 1452 • • LAND DEVELOPMENT REGULATIONS § 24-51 c. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the community development board or the city commis- sion. (d) The following procedures shall apply to ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or his/her designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Supp. No. 46 1453 § 24-51 ATLANTIC BEACH CODE Advertisements for ordinances that change the text of the land develop- ment regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (e) The following procedures shall apply to ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels, shall be provided by the city manager or his/her designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be provided. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the Supp. No. 46 1454 • • • • LAND DEVELOPMENT REGULATIONS § 24-51 date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this Supp. No. 46 1455 § 24-51 ATLANTIC BEACH CODE requirement, nor shall it be grounds to challenge the validity of any decision made by the community development board or the city commis- sion. (f) The following procedures shall apply to ordinances that change the text of the land development regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the land development regulations to revise the list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the city commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances that change the text of the land development regulations to revise the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or his/her designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (1/4) page, except that in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances that change the text of the land develop- ment regulations to revise the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE Supp. No. 46 1456 • • • • • LAND DEVELOPMENT REGULATIONS § 24-51 The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (g) The following procedures shall apply to ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances that change the actual zoning map designa- tion for a parcel or parcels of land involving ten (10) contiguous acres or more. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the city commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more, shall be provided by the city manager or his/her designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter ('/4) page, except in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertise- ment shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state Supp. No. 46 1457 § 24-51 ATLANTIC BEACH CODE the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. Each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one (1) or more public hearings on such ordinance. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. (h) The following procedures shall apply to ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres. (1) Public hearings. The community development board shall hold one (1) advertised public hearing and the city commission shall hold two (2) advertised public hearings on proposed ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres. All public hearings shall be held on a weekday after 5:00 p.m. Supp. No. 46 1458 • • • • • LAND DEVELOPMENT REGULATIONS § 24-51 (2) Notice. All notices regarding ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres, shall be provided by the city manager or his/her designee in accordance with F.S. § 166.041, unless otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter (1/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. Each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one (1) or more public hearings on such ordinance. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. Supp. No. 46 1459 § 24-51 ATLANTIC BEACH CODE (i) The following procedures shall apply to applications for variances and uses -by - exceptions. (1) Public hearings. The community development board shall hold one (1) advertised public hearing on applications for variances uses -by -exception. The public hearing shall be held on a weekday after 5:00 p.m. (2) Notice. Notice of all public hearings for applications for variances and uses -by - exception shall be provided by the city manager or his/her designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. "Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the community development board. Supp. No. 46 1460 • • e LAND DEVELOPMENT REGULATIONS § 24-51 (j) Applications for waivers. (1) Public hearings. The city commission shall hold one (1) advertised public hearing on applications for waivers. The public hearing shall be held on a weekday after 5:00 p.m. (2) Notice. Notice of all public hearings for applications for waivers shall be provided by the city manager or his/her designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the city commission. Supp. No. 46 1461 § 24-51 ATLANTIC BEACH CODE (k) Appeals. The following shall apply to timely filed appeals from decisions made by the planning and community development director or from the community development board. (1) Public hearings. The city commission shall hold one (1) advertised public hearing on timely filed appeals from decisions made by the planning and community development director or from the community development board. The hearing shall be de novo. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. Notice of all public hearings for appeals shall be provided by the city manager or his/her designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the city where the appeal documents may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the appeal. b. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the appeal, including date(s), time(s) and place(s) of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the appeal does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the appeal. Sign(s) shall be removed after a decision is rendered on the appeal. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the city commission. (1) Contest. If no adversely affected party contests the issue of proper notice within thirty (30) calendar days of the city commission, or the community development board, rendering its decision, then notice shall be deemed to be in compliance with this section. (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-52-24-59. Reserved. Supp. No. 46 1462 • • • • LAND DEVELOPMENT REGULATIONS § 24-62 DIVISION 3. APPLICATION PROCEDURES Sec. 24-60. 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 restrictions 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 planning and community development director. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-61. Process chart. The following chart indicates which entity has approval authority for various development permit orders. Zoning change Use -by -exception Administrative vari- ance Variance Waiver APPROVAL AUTHORITY Staff X Figure 3 Application Authority (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Community Development City Board Commission X X X X Sec. 24-62. Change in zoning district classification. X The following steps shall be followed to request a change in zoning district and zoning map classification. (a) All applications shall be filed with the planning and community development director on the proper form and shall only be accepted when filed by the owner of the property or their authorized agent. (b) The application submitted shall include the following information: (1) The legal description, including the lot and block numbers, of the property to be rezoned; (2) The names and addresses of all owners of the subject property; Sum). No. 46 1463 § 24-62 ATLANTIC BEACH CODE (3) Existing and proposed zoning district classification of the property; (4) A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and a. If joint and several ownership, a written consent to the rezoning petition by all owners of record; or b. If an authorized agent, a notarized notice of agent authorization signed by all owners of record; or c. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative 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 d. A statement of special reasons and need for and justification to support the rezoning as requested; e. Payment of the official filing fee as set by the city commission; f. The signature of each owner of the lands sought to be rezoned. (c) After the planning and community development director has received a completed application, the request shall be placed on the agenda of the next available 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 and conduct a public hearing after due public notice in accordance with section 24-51. The planning and community development director shall 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 and future land use map and for the city and provide a finding that the requested change in zoning is consistent with the future land use map and 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 two (2) public hearings, with notice as set forth within section 24-51, to consider the request. (e) Following the public hearings, the city commission, by ordinance, may change the zoning district classification of said property, or it may deny the petition. In the case Supp. No. 46 1464 • LAND DEVELOPMENT REGULATIONS § 24-63 of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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: (a) All applications shall be filed with the planning and 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. (b) The application shall include the following information: (1) The legal description of the property where the use -by -exception is to be located. (2) A survey. (3) A site plan. (4) The names and addresses of all property owners of the subject property. (5) 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. (6) The reason for and justification to support the application for the use -by - exception. (7) 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. (8) Payment of the official filing fee as set by the city commission. (c) After the planning and community development director has received a complete application, the request shall be placed on the agenda of the next available meeting of the community development board. The community development board shall review each request for a use -by -exception and conduct a public hearing after due public notice in accordance with section 24-51. (d) The review of any application for a use -by -exception shall consider each of the following: (1) 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. (2) Off-street parking and loading spaces, where required, with particular atten- tion to the items in [subsection] (1) above. Supp. No. 46 1465 § 24-63 ATLANTIC BEACH CODE (3) 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. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) 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). (8) Required yards, impervious surface ratios and other open space regulations. (9) General compatibility with adjacent properties and other property in the surrounding zoning district as well as consistency with applicable provisions of the comprehensive plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. (11) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. (e) The community development board shall take into consideration all relevant public comments, written or made at the hearing, staff report, testimony and competent and substantial evidence, and shall deny, approve, or approve with conditions, the application for use -by -exception. The final order of the community development board shall state specific reasons and findings of fact, upon which the decision to approve or deny has been based. (f) The community development board 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 community development board 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. (g) Any use -by -exception granted by the community development board 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 final order of 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 community development board. Supp. No. 46 1466 • 1 • LAND DEVELOPMENT REGULATIONS § 24-65 (h) The community development board may suspend or revoke a use -by -exception permit following notice and hearing pursuant to section 24-51(i) where the com- munity development board determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the property. (i) Any use -by -exception decision by the community development board may be appealed to the city commission pursuant to section 24-49 of this Code. (j) Should the city commission deny the exception, the community development board 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. (k) 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. (1) Unless expressly approved otherwise by the community development board or upon appeal, 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-64. Administrative variances. Administrative variances (minor variances) may be requested and granted by the planning and community development director only one (1) time for any particular requirement on a single property within a five-year time period and shall be granted only with written justification as set forth within subsection 24-65(c) or as demonstrated to preserve a regulated tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet with a minimum on one (1) side of five (5) feet, the maximum permitted to be waived is three (3) inches on the five-foot setback and six (6) inches on the ten -foot setback for a cumulative total of nine (9) inches. Similarly, for twenty -foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. Administrative variances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-65. Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to Supp. No. 46 1467 § 24-65 ATLANTIC BEACH CODE the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) 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: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construc- tion, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board Supp. No. 46 1468 • • • • LAND DEVELOPMENT REGULATIONS § 24-65 following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) 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 this section. (2) The community development board shall not grant a variance, which would allow a use that is not a 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 community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. (3) 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. (4) The nonconforming use of adjacent or neighboring lands, structures or build- ings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) 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 Supp. No. 46 1469 § 24-65 ATLANTIC BEACH CODE 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. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, 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. (e) 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. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) 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 substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) 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 twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-66. Waiver. (a) General. Except for those waivers authorized by section 24-190, where the city commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this chapter, the city commission may approve a waiver. (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: (1) Compliance with such provision(s) would be unreasonable; or (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility. Supp. No. 46 1470 • • • LAND DEVELOPMENT REGULATIONS § 24-67 (c) A waiver shall not modify any requirement or term customarily considered as a variance. (d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the city Code of Ordinances. (e) A waiver from the 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 regula- tions, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-67. 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 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 building official. (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 intended only for temporary storage may be used subject to the following provisions: (1) Within all residential zoning districts, enclosed portable structures 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 with the planning and community development director 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. Supp. No. 46 1471 § 24-67 ATLANTIC BEACH CODE (3) Within all nonresidential zoning districts, enclosed portable structures 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 similar structures, 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-68. 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 system), or a city drainage structure after meeting onsite storage require- ments, as set forth 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. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys shall be signed and sealed by a licensed Florida surveyor. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. (b) Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (1) All development and redevelopment projects which result in improvements that exceed fifty (50) percent of the market value of all improvements, if any, on the subject development parcel before the new development or redevelopment project is started shall provide onsite storage of stormwater for all impervious surface on the development parcel. (2) Projects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred fifty (250) square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only. (3) Projects which do not exceed the fifty (50) percent threshold and increase the impervious surface on the development parcel by two hundred fifty (250) square feet Supp. No. 46 1472 • • • • • LAND DEVELOPMENT REGULATIONS § 24-68 or less are not required to provide onsite storage of stormwater; provided, however, as of July 8, 2019, this exemption shall apply one (1) time only for each development parcel. (4) Any modification or replacement of driveway and sidewalk areas only on a developed lots shall not be required onsite storage improvements provided the modification or replacement does not alter the footprint of the existing driveway or sidewalk area. (5) Applicants shall provide documentations and calculations to demonstrate compli- ance with submittal of applications for construction. (6) Projects previously permitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance existing retention or detention that collects and controls stormwater are exempt for further onsite storage requirements; provided, however, a copy of the Engineer's Certification of As -Built Construction to the SJRWMD must be submitted to the city before building permits for individual lot construction may be issued. (7) When onsite storage is required, an as -built survey, signed and sealed by a licensed Florida surveyor, documenting proper construction and required volume of the storage system, must be submitted to and approved by the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an under -ground system, a notarized letter from the general contractor, along with as -built plans and construction photographs will be sufficient to document proper construction. (8) In addition, a declaration of restrictive covenant, in recordable form and approved by the city, identifying and describing the required on-site storage improvements to be maintained, shall be executed and recorded in the public records of Duval County, Florida, by the owner of the development parcel and shall be binding on successors and assigns, prior to permit closeouts or issuance of a certificate of occupancy. (9) Volume calculations for any projects that require onsite storage shall be based on the following calculation: V = CAR/12, where V = volume of storage in cubic feet, A = total impervious area, R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and C = runoff coefficient, which is 0.92 which is the difference between impervious area (C=1.0) and undeveloped conditions (C=0.08). This volume must be stored at least one (1) foot above the wet season water table and below the overflow point to offsite (in many cases this may be the adjacent road elevation). As an option, and as approved by the director of public works, an applicant may implement, at the applicant's cost, offsite storage and necessary Supp. No. 46 1473 § 24-68 ATLANTIC BEACH CODE conveyance to control existing flood stages offsite, provided documentation showing appropriate authorization for the off-site use and meeting the requirements of this section is submitted and approved by the city. (c) Floodplain storage. There shall be no net loss of storage for areas in a special flood hazard area (100 -year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met. (d) Stormwater treatment. For all new development or redevelopment of existing proper- ties, excluding single- and two-family uses, where construction meets limits for requiring building code upgrades, stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the runoff 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 runoff pursuant to Chapter 62-330, Florida Administra- tive Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62-302, FAC. This treatment volume can be included as part of the onsite storage requirement in item d(2) [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 requirements of the St. Johns River Water Management District and the Florida Depart- ment of Environmental Protection. NPDES requirements include use of best management practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone NPDES permit. Site clearing, demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is completed. (f) Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or floodplain storage and stormwater treatment and closeout of the applicable permit or issuance of certificates of occupancy, the improvements shall be maintained by the property owner. In order to ensure compliance with the provisions of this section and the requirements to maintain onsite stormwater improvements over time, the city is authorized to conduct inspections of property, upon reasonable notice and at reasonable times, for the purpose of inspecting said property and/or onsite storage improvements for compliance with this section and with any applicable conditions of previously issued permits. 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 Supp. No. 46 1474 • • • • LAND DEVELOPMENT REGULATIONS § 24-69 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 then owner of the property. (g) Variances to impervious surface area limits. Variances to impervious surface limits shall be subject to the provisions in section 24-65. Impervious surface requirements shall not be eligible for relief via waivers from the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-69. 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 of the city. Plans may be denied if they do not meet the intent or the requirements of this section and this chapter and the Florida Building Code. (c) Site development plan required. A site development plan, drawn at a clear and legible scale, shall be required for all development and redevelopment, other than interior renovations and fences, in accordance with the following provisions: (1) Single-family, two-family (duplex) or two -unit townhouse and exterior structural alterations or additions thereto, including swimming pools and accessory structures. A certified survey and site development plan accompanied by the required applica- tion 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. e. A pre -construction topographical survey. f. A summary table showing proposed impervious surface area, including all structures, walkways, driveways, parking and equipment pads and any other surface defined as impervious in section 24-17 and conceptual stormwater requirements in accordance with section 24-68. Other information as may be appropriate for the purposes of preliminary review. g. (2) Multi -family, commercial and industrial uses and exterior structural alterations or additions thereto. A certified survey and preliminary site development plan accompanied by the required application form and review fee as established by the city commission shall be submitted the building department. The site development Supp. No. 46 1475 § 24-69 ATLANTIC BEACH CODE 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 provided as appropriate to the project and as further set forth within the application for a particular form of development permit as provided by the building official: a. Project boundary with bearings and distances. b. Legal description, including property size. c. Location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage (identify any existing structures and uses). d. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks, vehicular and pedestrian circulation. e. Existing driveways and roadways within three hundred (300) feet of project boundary. f. Existing and proposed right-of-way improvements. g. Conceptual stormwater management plan addressing drainage patterns, retention/ detention areas, provisions for utilities, including a pre -construction topographi- cal survey, pursuant to section 24-68. h. Environmental features, including any jurisdictional wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas. For projects not meeting the thresholds requiring an environmental resource permit from the St. John's River Water Management District, provide conceptual plans showing how project intends to meet the stormwater retention and treatment requirements of section 24-68. i. 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. Other information as may be appropriate for the purposes of preliminary review. (d) Review and approval of development permit applications. An application for a development permit shall include a development plan (consisting of the items described in section 24-69(c) above) and all required information including construction plans that demonstrate compliance with all applicable federal, state, and local land development regulations and permitting requirements. Completed applications shall be submitted to the building department for distribution and reviewed by the appropriate city departments. Upon approval of construction plans and development plans by reviewing departments and payment of required fees, development permits may be issued, and construction plans shall be released for construction. Supp. No. 46 1476 • • • • LAND DEVELOPMENT REGULATIONS § 24-71 (e) [Failure to respond.] In the case that an applicant fails to make a good faith effort to timely respond to requests for additional information after any application for a develop- ment permit is submitted, plans shall remain valid for a period of six (6) months, after the date of latest comments by the city, after which time new plans and a new review fee shall be required. (f) Expiration of approved of construction plans. Approved construction plans shall be claimed within ninety (90) days of notice of approval or completed comments, or said plans shall be considered to have expired. Upon expiration, a new submittal and review with applicable fees shall be required. Development review comments shall expire six (6) months from the date that comments are provided to the applicant. (g) Expiration of development permits. Development permits shall expire on the six- month anniversary of the date such permits were issued unless development has commenced and continued in good faith. Commencement shall mean the issuance of a valid building permit and the development permit shall remain active along with the building permit. Failure to maintain an active building permit will cause the development permit to expire. (h) Retention of expired plans. Any construction plans and supporting documents which have expired shall be discarded following effort to notify the applicant by the building department. It shall not be the responsibility of the city to store or retain expired construction plans. (i) Changes to approved plans. Applicants must submit to the city any and all proposed changes to approved plans including, but not limited to, changes required by other regulatory agencies such as the St. John's River Water Management District, Florida Department of Environmental Protection or Florida Department of Transportation. Failure to provide changes to the city for review may result in a stop work order being issued if construction deviates from the approved plans on file with the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-70. Land clearing and alteration of site grade or topography. No lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no vegetation on any parcel or lot disturbed, prior to issuance of all required approvals and development permits authorizing such clearing or alteration. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations pursuant to valid permits, the grade, elevation or topography of any parcel, development or redevelopment site shall not be altered. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-71. Fees. Pursuant to section 24-46(e), the city commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative cost of carrying out the requirements of this chapter and also to cover the costs for planning, zoning, engineering Supp. No. 46 1477 § 24-71 ATLANTIC BEACH CODE utility and specific use reviews. 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. Fees for specific use verified compliant -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this section are not refundable. (a) Planning and zoning fees. Appeals 300.00 Determinations of vested rights 75.00 Rezoning a. Text amendment 1,000.00 b. Rezoning map amendment 550.00 (4) Use -by -exception 400.00 (5) Zoning variance (residential or commercial) or waiver 300.00 (6) Development review a. Single- and two-family uses 100.00 b. Multi -family uses, per dwelling unit 100.00 c. Commercial and industrial uses 350.00 d. Public and institutional uses 350.00 e. Landscape plan 100.00 (7) Subdivision a. Application for waiver 250.00 b. Application for re -plat 300.00 c. Preliminary plat review 250.00 d. 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 (9) City of Atlantic Beach land development regulations document15.00 (10) City of Atlantic Beach comprehensive plan document 15.00 (11) Zoning and comprehensive plan maps (per page) 5.00 Supp. No. 46 1478 • • • LAND DEVELOPMENT REGULATIONS § 24-71 (b) Engineering and review fees. (1) Pre -application review of construction plans 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 100.00 (3) Commercial building review 150.00 (4) Building modification/right-of-way review 25.00 (5) Revocable encroachment permit 25.00 (c) Utilities review fees. (1) Pre -application construction plans review 150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review 50.00 (3) Commercial building review 75.00 (4) Building modification/right-of-way review 25.00 (d) Specific use review fees. (1) Dog -friendly dining. a. Initial application (full year) 175.00 (Half year) 90.00 Includes processing of application, initial inspection, permit issuance, and three (3) subsequent quarterly compliance inspections. b. Renewal application 125.00 Includes annual compliance review and inspection, permit issuance, and three (3) subsequent quarterly compliance inspections. c. Verified complaint -based compliance 55.00 Includes one (1) compliance inspection, upon verification of a complaint -based violation. Each additional re -inspection for failed compliance will be charged this same amount. Supp. No. 46 1479 § 24-71 ATLANTIC BEACH CODE d. Permit reinstatement 55.00 Includes one (1) compliance inspection, upon suspension due to violations documented at time of quarterly inspection, and permit reinstatement/issuance. Each additional re -inspection for failed compliance will be charged this same amount. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-10-102, § 2, 1-10-11; Ord. No. 90-12-215, § 1, 11-13-12; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-72-24-79. Reserved. DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-80. 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: (a) Unless otherwise indicated, the zoning district boundaries are indicated as approximately 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. (b) 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 there from as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the scale shown on the zoning map. (c) 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. (d) 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. (e) In the case where the exact location of a boundary cannot be determined by the foregoing methods, the planning and community development director in coordina- tion with other city staff shall determine the location of the boundary. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-81. General restrictions upon land, buildings and structures. (a) Use. No building or structure shall be placed or erected, and no existing building or structure 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 Supp. No. 46 1480 • • • • • LAND DEVELOPMENT REGULATIONS § 24-81 manner other than in conformance with the provisions of this city's Code of Ordinances, this chapter and as allowed in the zoning district in which such land, building, structure or premises are located. Further, no land shall be used or developed except in compliance with the comprehensive plan. (b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number of buildings on any lot zoned 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. The maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that existing height, no alterations shall be made to any building, which would cause that building to exceed thirty-five (35) feet in height. (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, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with provisions of this chapter, including without limitations, the building site requirements, and the area, parking and required yard regulations established by this chapter for the zoning district in which such building or structure is located. (e) Density. No structure or property shall be developed or used so as to exceed density allowed under the terms of the comprehensive plan and 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 any other structure on an adjacent lot. (g) Required lot and occupancy. For residential uses located within single family and two-family zoning districts (RS -1, RS -2, RS -L, R -SM, and RG), 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. (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 four (4) of the following characteristics shall be substantially different. (1) Roof design and roof color. (2) Exterior finish materials, excluding paint color. (3) Window sizes and shape. Supp. No. 46 1481 § 24-81 ATLANTIC BEACH CODE (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 living area (conditioned space) for residential dwelling units. (1) One (1) story single family dwellings: One thousand (1,000) square feet of enclosed living area. (2) Two (2) or more story single family dwellings: Six hundred fifty (650) square feet of living area 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 living area. (4) Multi -family dwelling units: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet of living area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet of living area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet of living area. d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet of living area. e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet of living area. f Over four (4) bedrooms, add one hundred fifty (150) square feet of living area per additional bedroom. (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 NAVD above mean sea level. Flood protection provisions shall be approved by the administrator 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. Supp. No. 46 1482 • • • • LAND DEVELOPMENT REGULATIONS § 24-81 (1) Short-term rentals prohibited. Private homes including, but not limited to, single- family homes, town -homes, duplexes, multi -family dwellings including condominiums and the like, shall not be rented or leased for a term or period of less than ninety (90) days. No person(s) shall offer or advertise a private home for rent or lease for a term or period of less than ninety (90) days. (m) Calculated average grade. The calculated average grade shall be used for determina- tion of the maximum allowable height of building on parcels that have topographical variation of more than two (2) feet as demonstrated by a certified topographical survey and for all oceanfront parcels. This average elevation shall be determined by the mathematical average of elevation points dispersed at approximately ten -foot equidistant intervals across the buildable area of a parcel. For sites where natural topography has been previously altered or where existing structures remain, this same method shall be used excluding areas where existing structures remain. Where required, the certified calculated average grade survey shall be submitted with construction plans, and the calculated average grade shall be depicted on all exterior elevation sheets of the construction plans. See definition of certified survey for require- ments. Note: Alteration of topography for the sole purpose of achieving greater height of building is prohibited. See also definition for "Established grade." (n) Height of building shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys. The appropriate method of determining the maximum allowable height of building shall be used in accordance with the following: (a) Parcels within designated special flood hazard areas as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall use the required finish floor elevation as the beginning point of measurement. (b) Parcels that are not located within a designated flood hazard zones and which have topographic variation of less than two (2) feet as demonstrated by a certified topographical survey shall use the highest established grade as the beginning point of measurement. Alternatively, property owners may use the calculated average grade method if preferred. (c) Regardless of flood zone designation, parcels with topographic variation of more than two (2) feet as demonstrated by a certified survey of topography, including all ocean front parcels, shall provide a certified survey of the calculated average grade, and the calculated average grade shall be used as the beginning point of measurement, excepting those parcels where the only topographical variation is a city -maintained drainage easement where the method described in preceding subsection (b) shall be used. Supp. No. 46 1483 § 24-81 ATLANTIC BEACH CODE (d) Single -story construction where height of building is clearly below the maximum permitted height shall not be required to provide a certified survey of the calculated average grade, but shall provide the height of building as measured from the established grade on the elevation sheets of construction plans. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) See. 24-82. 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 established 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 cantilevered bay windows, 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, cantilevered bay windows, chimneys, and architectural elements intended to create design relief along the side wall plane may project into required side yards, but not beyond twenty-four (24) inches. Supp. No. 46 1484 • LJ2 10 —J ROW — — - LAND DEVELOPMENT REGULATIONS § 24-82 Permitted Structural Projections Rear Yard 48 max. Atrmax Front Yard .C;1;•••!., • NOT TO SCALE Figure 4 Permitted Structural Projections (c) Mechanical equipment. Within or when adjacent to a residential zoning district, 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. It is the intent of this provision to require placement of such equipment in a location that does not unreasonably disturb neighbors. This requirement shall not apply to such equipment lawfully installed prior to the effective date of these land development regula- tions. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1485 § 24-83 ATLANTIC BEACH CODE Sec. 24-83. Double frontage (through) lots and oceanfront lots. (a) Double frontage lots. Unless the prevailing front yard pattern on adjoining lots indicates otherwise or as set forth below, on double frontage lots the required front yard shall be provided on each street. (b) Special treatment of ocean -front lots. For 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 (through lots). For double frontage (through) lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. (d) Special treatment of through lots with commercial or industrial zoning. For double frontage lots with commercial or industrial zoning and with residentially zoned property across an intervening street, the required front yard shall be provided on each street. Properties fronting Atlantic Boulevard west of Mayport Road shall be exempt from this requirement due to the Mayport flyover ramp. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-14-222, § 1, 4-14-14; Ord. No. 90-15-223, § 1, 1-26-15; Ord. No. 95-15-111, § 1, 11-9-15; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-84. Lots of record and nonconforming lots of record. (a) 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 merged or combined and developed as a single development parcel, such lots shall not later be developed as a single 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. See Figure 4. (b) Nonconforming lots of record. (1) Where a residentially -zoned lot or parcel of land 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 single-family dwellings or residential dwellings consistent with the applicable zoning district regulations and density as designated in the comprehensive plan and this Code, provided the proposed development complies with the minimum yard requirements for the applicable residential zoning district. (2) In any zoning district, on a legally established and documented nonconforming lot of record, a structure may be expanded or enlarged provided such expansion or enlargement complies with other provisions of this chapter, including without limitation, yard requirements. Supp. No. 46 1486 • • • • LAND DEVELOPMENT REGULATIONS § 24-85 (3) No lot or parcel in any zoning district shall be divided to create a lot with area or width less than the requirements of this chapter and the comprehensive plan. LoT 1 LOT 2 _ Figure 5 Dividing & Joining Lots of Record (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-85. Nonconforming structures and uses. (a) Intent. Within the established zoning districts, there exist structures, and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such 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 uses and structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthei more, the presence of any nonconform- ing characteristic 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. 46 1487 § 24-85 ATLANTIC BEACH CODE (b) Nonconforming structures. (1) No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including without limitation, building setbacks. See Figure 6 (Enlarging Non -Conforming Structures) below. (2) Any nonconforming structure, or portion thereof, that is declared unsafe by the city building official, may be restored to a safe condition. Building permits shall be required. (3) A nonconforming structure may be maintained, and repairs and alterations may be made subject to the provisions of this section. (4) No additions, expansions, or accessory structures may be constructed which would expand a nonconforming use of land. (5) 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. (6) The voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction thereafter shall comply with the terms of this chapter. (7) Notwithstanding the foregoing provisions, legal nonconforming residential structures which incur substantial damage by a natural event may be reconstructed within the previously existing footprint and height as lawfully permitted prior to the occurrence of the natural event provided that such reconstruction is started within one (1) year from such natural event and completed within three (3) years. Supp. No. 46 1488 • • • • LAND DEVELOPMENT REGULATIONS § 24-85 E A c A •,-.z m PERRIITTED EXPANSION AREA POTENTIAL E.XFANSICN 1 V z- - � bc n z z O R Figure 6 Enlarging Non -Conforming Structures (c) 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) Natural event. Site improvements or structures located on properties containing a legal nonconforming use which incur substantial damage by a natural event may be reconstructed and the nonconforming use may be resumed as lawfully permitted prior to the occurrence of the natural event, provided that such reconstruction is started within one (1) year from such natural event and completed within three (3) years. (5) Voluntary demolition. The voluntary demolition by the owner of any structure containing a nonconforming use shall constitute evidence of willful abandonment of such use and may not be resumed. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1489 § 24-86 ATLANTIC BEACH CODE Sec. 24-86. Special treatment of lawfully existing two-family dwellings or townhouses affected by future amendments to the official zoning map or 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, such that a two-family (duplex) dwelling, townhouse, and related accessory uses are no longer authorized, 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 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-87. Reserved. Sec. 24-88. Design and construction standards for two or more townhouse units. (a) Development of two (2) or more townhouse units, shall be allowed only where lot area is in compliance with the density limitations as set forth within the comprehensive plan and consistent with the applicable zoning district 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. Supp. No. 46 1490 • • • • LAND DEVELOPMENT REGULATIONS § 24-89 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 townhouses and shall be permitted only within those zoning districts where townhouses are permitted and in accordance with applicable density limitations. 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 compli- ance with the applicable residential density as established by the comprehensive plan, and in accordance with this chapter as well as applicable provisions of Part I, Chapter 177, Florida Statutes. (i) Adjoining townhouse dwelling units shall be constructed of substantially the same architectural style and colors. (ii) Adjoining townhouse dwelling 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. (iii) Adjoining townhouse dwelling units may construct additions which are not visible from the public right-of-way independent of their adjoining unit. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-89. 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 lots (see section 24-83) subject to the following provisions: (a) The structure containing the private garage and the garage apartment shall not exceed twenty-five (25) feet in height. (b) 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. (c) There shall be not less than twenty (20) feet between the principal dwelling and the structure containing the private garage and the garage apartment. (d) The use restrictions that apply to the principal dwelling shall also apply to the structure containing the private garage and the garage apartment. (e) The minimum yard requirements for the structure shall be ten (10) feet from rear property lines and twenty (20) feet from front property lines. Supp. No. 46 1491 § 24-89 ATLANTIC BEACH CODE (f) The minimum side yard requirements for the structure shall be a combined fifteen (15) feet, with a minimum of five (5) feet on either side, from side property lines for private garages and the garage apartments. (g) A garage apartment shall not be leased or rented for less than ninety (90) consecutive days. (h) 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. (i) Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions of this section. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-90-24-100. 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. Tables 1, 2, and 3 are quick reference guides to residential lot and structure requirements, abbreviations and permitted uses. The following is established in this division: (a) The intent of each zoning district. (b) General requirements for each zoning district, including: (1) Permitted uses. (2) Uses -by -exception. (3) Minimum lot size. (4) Minimum yard requirements. (5) Building restrictions. (6) Impervious surface. Supp. No. 46 1492 • • • LAND DEVELOPMENT REGULATIONS § 24-101 CITY OF ATLANTIC BEACH ; RESIDENTIAL LOT & STRUCTURE REQUIREMENTS (Sections 24-104 through 24-109) LOT REQUIREMENTS STRUCTURE REQUIREMENTS Max Lot Lot Impervi- Max Width Lot Area Depth ous Front Side(s) Rear Height Zoning District (ft) (sq ft) (ft) Surface (ft) (ft) (ft) (ft) RS -L 100 10,000 RS -1 75 7,500 RS -2 75 7,500 RG 75 7,500 100 45% 20 7.5 20 35 100 45% 20 7.5 20 ( 35 100 45% 20 15' 20 35 combined 5' min on either side 100 45% 20 15' 20 35 combined 5' min on either side Single Family 7,500 Two Family Duplex/TH Low Density 14,500 I Medium Density 6,200 High Density 5,000 RG -M 75 100 45% 20 20 35 Single Family 75 7,500 15' combined 5' min on either side Two Family 7.5' each side Low Density 14,500 Medium Density 6,200 High Density 5,000 Multi -Family 7,500 15' each side R -SM 90 9,000 100 45% 35 Lots fronting on 25 10 20 Selva Grande Drive Lots fronting on 25 10 20 Tierra Verde Drive Lots fronting on Sea 30 on Sea 15 30 Oats Drive and Oats south of 19th Street Drive; 25 on Sau- riba Drive; 25 on 19th Street* Lots fronting on 25 15 30 Seminole Road and south of 19th Street* Platted building restriction line Table 1 Residential Lot and Structure Requirements Supp. No. 46 1493 § 24-101 ATLANTIC BEACH CODE Disclaimer: This table is intended to be a quick reference guide, actual policy language controls in the event of conflicts. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-102. Zoning districts established. (a) Intent. The use provisions in the various zoning districts are exclusive and a use not included under permitted or uses by exception shall be prohibited in the district. (b) The municipal area of the City of Atlantic Beach is hereby divided into the following zoning districts: Zoning District Classification Abbreviation Conservation CON Residential, Single-family—Large Lot RS -L Residential, Single-family RS -1 Residential, Single-family RS -2 Residential General, Two-family RG Residential General, Multi -family RG -M Residential Selva Marina R -SM Commercial Professional and Office CPO Commercial Limited CL Commercial General CG Light Industrial and Warehousing LIW Special Purpose SP Central Business District CBD Traditional Marketplace TM Special Planned Area District 1 SPA Table 2 Zoning Districts Disclaimer: This table is intended to be a quick reference guide, actual policy language controls in the event of conflicts. All development of land and parcels within the residential 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. Supp. No. 46 1494 • • • gt •oN .ddns 34 CO Banks and financial institutions (with drive- through) ICar washes Civic centers (i.e. art galleries, libraries, cultural centers) 'Child care center IChurch ICommunity center IContractors IConvenience stores (without fuel sales) Electric charging station Gas stations Gyms, spas, health clubs Hotels, motels, resorts, tourist courts, short term rentals Table 3 Permitted Uses CITY OF ATLANTIC BEACH CHAPTER 24 ZONING CODE PERMITTED USE MATRIX May - CBD TM CG LIW port RG -M RG CPO CL p Residential Uses Single-family Single-family residential P* P* P P P Duplex residential E* P* P* P* P* Townhouse residential E* P* 1P* P* Multi -family residential E* P* P* P* Family day care and group homes P* P* Commercial Uses Automobile sales E E E I 'Automobile services (minor) P* P* P* I 'Automobile services (major) E I Banks and financial institutions (without PP EP P drive-through) Hospitals ILive entertainment 'Medical clinics P P E E P P P* E P 1 P P P* P* P* E* E* P* E* E* 13* E* _ P P* P P P* E l P IP P E E E P P E P P* P* P* E E E* RS -2 RS -1 P P E* E* E* E* E* E* E* L 1 E* R -SM RS -L P P HII ,LNHINIc101 9 -s3N .ddns Mixed use projects Mobile vending units I Offices (professional, business, and medical) 10n -premises consumption of beer and wine On -premises consumption of alcohol (other than beer and wine) IOutdoor storage Pharmacies and medical marijuana dispensaries Produce and fresh market with outdoor sale and display Restaurants (without drive-through) Restaurants (with drive-through) Retail sales (limited) Retail sales Schools Schools for the fine or performing arts or martial arts 'Service establishments (limited) 'Service establishments Veterinary clinic, pet kennel, animal board- ing facilities Industrial Uses Communications tower (radio, tv, telecom- munications) I Concrete batching plants I Manufacturing (light) IManufacturing 'Packaging or fabricating Processing (excluding animal processing and slaughterhouses) 'Storage establishments (limited) 1Storage establishments (hazardous) CITY OF ATLANTIC BEACH CHAPTER 24 ZONING CODE PERMITTED U ;E MATRIX May - GED TM CPO CL CG LIW port RG -M RG RS -2 RS -1 R -SM RS -L SP CON P P P P P P E E E E E E P P P P P P E P* E P* P* ......_ . _...................... E E E E E* P* P* P* E* P P P P P* E E P P E* P P P P E P E E P P P E P P P E P E E E E E E P P E P* P E P E E E E IGO3 HONTHEI DI 9, laN ddng Surfboard production Vocational trade schools Warehouses Wholesale (limited) Wholesale • CITY OF ATLANTIC BEACH CHAPTER 24 ZONING CODE PERMITTED USE MATRIX May - CBD TM CPO CL CG LIW port RG -M RG RS -2 RS -1 R -SM RS -L SP CON E E P* P P E P P* P Disclaimer: This table is intended to be a quick reference guide, actual policy language controls in the event of conflicts. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) cOT 0 § 24-103 ATLANTIC BEACH CODE Sec. 24-103. Conservation district (CON). (a) Intent. The conservation district is composed mostly of open land, water, marsh and wetland areas, consisting primarily of the public River Branch, Dutton Island and Tideviews Preserves. It is intended that the natural and open character of these areas be retained and that adverse impacts to these 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, very low intensity uses that are not in conflict with the intent of this district, the comprehensive plan or any other applicable federal, state and local policies and permitting requirements. (b) Permitted uses. Uses permitted within the conservation district shall be limited to the following: (1) Cemetery limited to those lands owned by the existing cemetery as of the January 1, 2002 initial effective date of these land development regulations. (2) Nature preserves, public natural resource-based parks, and passive recreational uses and facilities as needed to support such uses. (3) Kayak, canoe rentals, and vendors limited to providing equipment or supplies as needed to use these natural resources subject to approval by the city commission. (4) Government uses, buildings, and facilities. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-104. Residential, single-family—Large lot district (RS -L). (a) Intent. The RS -L zoning district is intended for development of low density single- family residential uses in areas where traditional established lot sizes are larger than those typically located throughout the City of Atlantic Beach. (b) Permitted uses. The uses permitted within the RS -L zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -L zoning district, 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. Supp. No. 46 1498 • • • • • LAND DEVELOPMENT REGULATIONS § 24-103 (d) Minimum lot size. Existing legally established lots of record may exist, which do not meet the following lot width, depth or area requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after the February 27, 2006 effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS -L zoning district shall be: (1) Minimum lot or site area: Ten thousand (10,000) square feet. (2) Minimum lot width: One hundred (100) feet. (3) Minimum lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RS -L zoning district shall be: (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. Additional building restrictions within the RS -L zoning district shall be: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-105. Residential, single-family district (RS -1). (a) Intent. The RS -1 zoning district is intended for development of low density single- family residential areas. (b) Permitted uses. The uses permitted within the RS -1 zoning district shall be: (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 district, 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. Supp. No. 46 1499 § 24-103 ATLANTIC BEACH CODE (3) Schools. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS -1 zoning district, shall be: (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. (e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning district shall be: (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 district shall be: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-106. Residential, single-family district (RS -2). (a) Intent. The RS -2 zoning district is 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. (b) Permitted uses. The uses permitted within the RS -2 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception may be permitted: (1) Churches, subject to the provisions of section 24-153. Supp. No. 46 1500 • • LAND DEVELOPMENT REGULATIONS § 24-103 (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. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RS -2 zoning district, shall be: (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. (e) Minimum yard requirements. The minimum yard requirements within the RS -2 zoning district shall be: (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. (0 Building restrictions. Building restrictions within the RS -2 zoning district shall be: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-107. Residential, two-family district (RG). (a) Intent. The RG zoning district is intended for development of low and medium density single-family and two-family residential uses. (b) Permitted uses. The uses permitted within the RG zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings, subject to density limitations. (3) Accessory uses as set forth in section 24-151. (4) Two -unit townhouses, subject to density limitations, compliance with article IV, subdivision regulations and section 24-88. (5) Government uses, buildings and facilities. (6) Family day care homes and group care homes. Supp. No. 46 1501 § 24-103 ATLANTIC BEACH CODE (c) Uses -by -exception. The following uses may be approved as a use -by -exception within the RG zoning district. (1) Child care facilities. (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. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the below requirements. These lots may be developed subject to all applicable land development regulations and density limitations; however, all lots created after January 1, 2002 must comply with the following minimum requirements in order to obtain building permits authorizing development. The minimum size for lots within the RG zoning district shall be as set forth herein. (1) Minimum lot area in the RG zoning district: Seven thousand five hundred (7,500) square feet. (2) Minimum lot width in the RG zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG zoning district: One hundred (100) feet. (4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for proposed new townhouse development may be less per unit, subject to density, compliance with article IV, subdivision regulations and section 24-88, provided the parent tract meets the requirements of subsections 1, 2 and 3. (e) Minimum yard requirements. The minimum yard requirements within the RG zoning district shall be: (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. (f) Building restrictions. The building restrictions for the RG zoning district shall be: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1502 • • • • • LAND DEVELOPMENT REGULATIONS § 24-108 Sec. 24-108. Residential, multi -family district (RG -M). (a) Intent. The RG -M zoning district is intended for development of medium to high- density multi -family residential areas. (b) Permitted uses. The uses permitted within the RG -M zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings subject to density limitations. (3) Townhouses, subject to density limitations, compliance with article IV, subdivision regulations and section 24-88. (4) Multi -family dwellings, subject to density limitations. (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. The following uses may be approved as a use -by -exception within the RG -M zoning district: (1) Churches. (2) Public and private recreation facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Child care facilities. (4) Schools and community centers. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations and density limitations; however, all lots created after January 1, 2002, must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RG -M zoning district shall be as set forth herein. (1) Minimum lot or site area: Seven thousand five hundred (7,500) square feet. (2) Minimum lot width in the RG -M zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG -M zoning district: One hundred (100) feet. (4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for proposed new townhouse development may be less per unit, subject to density, compliance with article IV, subdivision regulations and section 24-88, provided the parent tract meets the requirements of subsections 1, 2 and 3. (e) Minimum yard requirements. The minimum yard requirements in the RG -M zoning are: (1) Front yard: Twenty (20) feet. Supp. No. 46 1503 § 24-108 ATLANTIC BEACH CODE (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Two-family (duplex) dwellings and townhouse: 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 -M zoning district shall be as follows: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-109. Residential, Selva Marina District (R -SM). (a) Intent. The R -SM zoning district is intended for development of single-family residential areas that were originally developed as Selva Marina and Selva Tierra Planned Unit Developments (PUDs) during the 1970s and 1980s. All development of land and parcels within the R -SM zoning district 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. The R -SM district is unique because it replaces eleven (11) separate PUDs with varying design requirements. Standard R -SM zoning district design requirements shall apply to each lot unless otherwise specified. (b) Permitted uses. The uses permitted within the R -SM zoning district shall be: (1) Single-family dwellings. (2) Accessory uses subject to the provisions of section 24-151. (c) Accessory structures. Accessory structures subject to the provisions of section 24-151 except: (1) Detached garages, guest house or guest quarters, sheds, gazebos, pergolas, and other similar detached structures shall comply with the following: a. Maximum height: Fifteen (15) feet; b. Maximum size: One hundred fifty (150) square feet; and c. Setbacks: Five (5) feet from any rear or side property line. Supp. No. 46 1504 • • • • • LAND DEVELOPMENT REGULATIONS § 24-109 (2) Screen enclosures, defined as those structures with screen walls and roofs, shall comply with the following: a. Maximum height: Fifteen (15) feet; and b. Setbacks: Five (5) feet from any rear or side property line. (d) Uses -by -exception. Within the R -SM zoning district, the following uses -by -exception may be permitted: (1) Home occupations, subject to the provisions of section 24-159. (e) Minimum lot area. Legally established lots of record may exist, which do not meet the requirements of this section. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 14, 2019 must comply with the following minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the R -SM zoning district, which are created after January 14, 2019, shall be: (1) Lot area: Nine thousand (9,000) square feet. (2) Lot width: Ninety (90) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The R -SM zoning district has minimum standard yard requirements and alternative requirements for lots with frontage on Selva Grande Drive, Tierra Verde Drive, Sea Oats Drive, Seminole Road, Saturiba Drive, and 19th Street except for accessory structures as provided in paragraph C above. The minimum yard requirements in the R -SM zoning district are shown in Figure 7 below and shall be: (1) Standard front yard: Twenty (20) feet except as follows: a. Lots fronting on Selva Grande Drive: Twenty-five (25) feet. b. Lots fronting on Tierra Verde Drive: Twenty-five (25) feet. c. Lots fronting on Sea Oats Drive and south of 19th Street: i. Platted building restriction line of thirty (30) feet along Sea Oats Drive. ii. Platted building restriction line of twenty-five (25) feet along Saturiba Drive. iii. Platted building restriction line of twenty-five (25) feet along 19th Street. d. Lots fronting Seminole Road and south of 19th Street: i. Platted building restriction line of twenty-five (25) feet along Seminole Road. ii. Platted building restriction line of twenty-five (25) feet along Saturiba Drive. iii. Platted building restriction line of twenty-five (25) feet along 19th Street. Supp. No. 46 1505 § 24-109 ATLANTIC BEACH CODE (2) Standard rear yard: Twenty (20) feet except as follows: a. Lots fronting Sea Oats Drive and south of 19th Street: Thirty (30) feet. b. Lots fronting Seminole Road and south of 19th Street: Thirty (30) feet. (3) Standard side yard: Ten (10) feet except as follows: a. Lots fronting Sea Oats Drive and south of 19th Street: Fifteen (15) feet. b. Lots fronting Seminole Road and south of 19th Street: Fifteen (15) feet. (4) If any ambiguity or inconsistencies for R -SM setbacks arise, Figure 7 below shall control. RSM Required Setbacks / ; kk. ,r,k1 / ! k f\ , € 0 175 350 700 Eket # l MINijljXXi(1 Front: 20 feet Rear: 20 feet Sides: 10 feet Front: 25 feet Rear: 20 feet •Sides: 10 feet Front: 30 feet (BRL) Front: 25 feet (BRL) Rear: 30 feet Rear: 30 feet Sides: 15 feet Sides: 15 feet Figure 7 R -SM Required Setbacks Supp. No. 46 1506 • • 110 • • LAND DEVELOPMENT REGULATIONS § 24-110 (g) Building restrictions. The following building restrictions shall apply within the R -SM zoning district: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. (h) Minimum living area. Minimum living areas for tile R -SM zoning district shall be: (1) One story: Fourteen hundred fifty (1,450) square feet. (2) Two story: Sixteen hundred (1,600) square feet. (i) Fences, walls, and similar structures. Fences, walls, and similar structures in the R -SM zoning district shall be subject to the provisions of section 24-157, except they: (1) Shall not be permitted closer to the front lot line than the main residence. (2) Shall not be permitted closer to any side lot line that abuts a street than the main residence. (3) Shall not be constructed of chain link or similar materials. (j) Effect on existing structures and lots. Any structure or lot in existence and in compliance with all applicable city Code requirements in effect prior to the adoption of this section, or lawfully under construction on January 14, 2019, that would become non- conforming by virtue of the adoption of this section shall be regulated pursuant to section 24-85, provided that section 24-85(b)(6) shall not be applicable to reconstruction within the R -SM zoning district. If the city has issued any development permit authorizing uses and or structures prior to the public notice of this section on October 19, 2018, compliance with the provisions of the city's ordinances, including this chapter without limitation, in effect at the time of approval shall apply to such development permit. (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-110. Commercial, professional office district (CPO). (a) Intent. The CPO zoning district is intended for small, neighborhood scale professional offices with residential design characteristics that make such uses compatible with nearby residential uses. (b) Permitted uses. The uses permitted within the CPO zoning district shall be: (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. Supp. No. 46 1507 § 24-110 ATLANTIC BEACH CODE (3) Business offices such as real estate broker, insurance agent, stockbroker and similar uses. (4) Single-family dwelling units. (5) Child care facilities, in accordance with section 24-152. (6) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (d) below. (c) Limitations. All uses within the CPO zoning district shall be subject to the following standards: (1) No outside retail sales, display or storage of merchandise or business activities shall be permitted. (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. (d) Uses -by -exception. Within the CPO zoning district, 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, 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. (8) Schools for the fine or performing arts or martial arts. (9) Off-street parking lots. Parking lots shall conform to provisions of section 24-162. (e) Minimum lot or site requirements. The size for lots within the CPO zoning district shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. Supp. No. 46 1508 • • • • • LAND DEVELOPMENT REGULATIONS § 24-111 (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirements within the CPO zoning districts shall be: (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 are: (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre -construction impervious surface area and 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-111. Commercial limited district (CL). (a) Intent. The CL zoning district is 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 immediately 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, computer game centers or video game arcades and any type of token or coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and pool halls. (b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows: (1) Low intensity service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up, tailors or dressmakers. (2) 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. (3) Art galleries, libraries, museums and cultural centers. (4) Medical and dental offices, but not clinics or hospitals. Supp. No. 46 1509 § 24-111 ATLANTIC BEACH CODE (5) Professional offices such as accountants, architects, attorneys, engineers, optometrists and similar uses. (6) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. (7) Banks and financial institutions without drive-through facilities. (8) Convenience food stores without fuel sales, but not supermarkets. (9) Restaurants without drive-through facilities. (10) Government uses, buildings and facilities. (11) Child care facilities in accordance with section 24-152. (12) Residential use not to exceed the medium density category as established by the comprehensive plan. (13) Mixed use projects combining the above permitted uses and those approved as a use -by -exception pursuant to subsection (c) below. (c) Uses -by -exception. Within the CL zoning district, the following uses may be approved as a use -by -exception. (1) Medical or dental clinics. (2) Churches and community centers. (3) Banks and financial institutions with drive-through facilities. (4) Printing shops. (5) Spas, gyms, health clubs. (6) Schools for the fine or performing arts or martial arts. (7) Off-street parking lots. Parking lots shall conform to provisions of section 24-162. (d) Minimum lot size. The minimum size for lots within the CL zoning district shall be: (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: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. Supp. No. 46 1510 • • • • LAND DEVELOPMENT REGULATIONS § 24-112 (f) Building restrictions. The building restrictions within the CL zoning districts shall be: (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre -construction impervious surface area, and 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. 90-10-21;2, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233 § lb, 6-11-18; Ord. No. 90-18-234, § lb, 6-11-18; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-112. Commercial general district (CG). (a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods. (b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses 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 impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within the following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. Supp. No. 46 1511 § 24-112 ATLANTIC BEACH CODE The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within the following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (1) Retail sales of food and nonprescription drugs, clothing, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), 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 retail uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, 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 or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. (4) Child care facilities in accordance with section 24-152. (5) Business and professional offices. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off -premises consumption. (8) On -premises consumption of beer and wine only in conjunction with a full-service restaurant, which is a food service use where unpackaged ready -to -consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (9) Minor automotive service (10) Theaters, but not a multi -screen [exceeding two (2) screens] or regional cineplex. (11) Hotel, motel, motor lodge, resort rental and short-term rentals as defined within section 24-17. (12) Institutional and government uses, buildings and facilities. (13) Churches in accordance with section 24-153. (14) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the applicable density set forth in the comprehensive plan when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). Supp. No. 46 1512 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-112 (15) The CG District shall permit those uses listed as permitted uses and uses -by - exception in the commercial limited (CL) and commercial, professional and office (CPO) zoning districts except off-street parking lots. (16) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection (c) below. (17) Pharmacies and medical marijuana treatment center dispensing facilities subject to the requirements of section 24-169. (18) Gas stations, subject to the requirements of section 24-165. (19) Convenience stores subject to the requirements of chapter 13, article 4 as applicable. (20) Electric charging stations. (21) Car washes. (c) Uses -by -exception. Within the CG zoning district, the following uses may be approved as a use -by -exception where such proposed uses are found to be consistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: (1) Pet kennel and facilities for the boarding of animals. (2) Veterinary clinic. (3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of this Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business (this shall not be construed to prohibit 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. (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) Cabinet shops, woodworking shops and surfboard production. (9) Hospitals. (10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (11) Live entertainment in conjunction with a permitted use or approved use -by - exception, not including adult entertainment establishments as defined by F.S. § 847.001(2). Supp. No. 46 1513 § 24-112 ATLANTIC BEACH CODE (12) Off-street parking lots. Parking lots shall conform to provisions of section 24-162. (13) Tattoo or body artists or studios. (14) Billiard and pool halls. (d) Limitations on certain uses. Permitted uses within the CG zoning district shall not include large-scale retail establishments, which for the purposes of this chapter shall be defined by their size and as follows: Large-scale retail establishments shall include those businesses, whether in a stand-alone building or in a multi -tenant building, which occupy a floor area exceeding sixty thousand (60,000) square feet including any interior courtyards, all areas under roof and also any other display, sales or storage areas partially or fully enclosed by any means including walls, tarps, gates or fencing. Large-scale retail establishments are commonly referred to as "big -box" retailers, discount department stores, super -centers, warehouse clubs or by similar terms. Such establishments may offer a similar type of products such as electronics or appliances or office products, but more typically offer a wide variety of general merchandise and departments, which may include home improvement, house- wares and home furnishings, sporting goods, apparel, pharmacy, health and beauty products, automotive parts and services and may also include grocery items. This definition shall not be construed to limit the overall size of shopping centers as these are defined within section 24-17, but shall apply to any building where businesses with separate local business tax receipts may share the same interior space of a building which is not separated into individual units by structural fire rated walls or that do not contain separate and distinct exterior entrances. (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (f) Minimum yard requirements. The minimum yard requirements within the commercial general zoning district shall be: (1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where required off-street parking is located at the rear or side of the building site, and the primary business entrance is designed to face the street. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either side. Supp. No. 46 1514 • • • • LAND DEVELOPMENT REGULATIONS § 24-113 (g) General restrictions. The following restrictions shall apply to all development in the commercial general zoning district: (1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area exceeds seventy (70) percent on previously developed sites, new development shall not exceed the pre -construction impervious surface area, and 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. (3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within subsection 24-161(i) are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including without limitation the addition of seats shall require provision of additional parking for such increase or expansion. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § lc, 6-11-18; Ord. No. 90-18-234, § lc, 6-11-19; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-113. Light industrial and warehousing districts (LIW). (a) Intent. The light industrial and warehousing zoning district is 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. Heavy industrial uses generally identified as industry groups 32-37 by the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget shall not be permitted within the LIW district. (b) Permitted uses. The uses permitted within the light industrial and warehousing zoning district shall be: (1) Wholesaling, warehousing, mini -warehouses and personal self -storage, storage or distribution establishments and similar uses within completely enclosed buildings. (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 yard shall not be used for storage, and a six-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 contractors, wholesale baker- ies and similar uses. Supp. No. 46 1515 § 24-113 ATLANTIC BEACH CODE (5) Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses. (6) Government buildings, uses and facilities. (7) Minor automotive, boat or trailer service. (8) Surfboard repair. (9) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection (c) below. (c) Uses -by -exception. Within the light industrial and warehousing zoning district, 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) Communication tower (radio, TV and telecommunications). (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 major automotive repair and towing service. (6) Permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses within completely enclosed buildings. (7) Welding shops, metal fabrication and sheet metal works. (8) Manufacture and production of boats and surfboards. (9) Pain management clinics. (10) Processing (excluding animal processing and slaughterhouses). (11) Wholesale food processing. (12) Off-street parking lots. Parking lots shall conform to provisions of section 24-162. (13) Cabinet shops, woodworking shops. (d) Minimum lot size. The minimum size for lots within the LIW district shall be: (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. 46 1516 • • • • LAND DEVELOPMENT REGULATIONS § 24-114 (e) Minimum yard requirements. The minimum yard requirements for the LIW zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet. (f) General restrictions. The following restrictions shall apply to all development in the LIW zoning district: (1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface shall not apply to redevelopment of previously developed sites where existing development exceeds seventy (70) percent, but in no case shall redevelopment increase impervious surface area beyond that existing. (2) Required landscaping shall be provided in accordance with division 8 of this chapter. (3) Stormwater management requirements shall apply to development and to redevelop- ment projects involving exterior site changes. (4) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-114. Special purpose district (SP). (a) Intent. The special purpose district is intended for a limited single use that does not fit within the conventional zoning districts. 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) [Existing salvage yard.] 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 within the SP district. 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, Plat Book 18, Page 34. 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 not again be used except in conformance with the requirements of this section, and any Supp. No. 46 1517 § 24-114 ATLANTIC BEACH CODE 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 and the city may initiate a rezoning application from SP to another district. (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 a special purpose district 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-115. Central business district (CBD). (a) Intent. The central business district is intended for low intensity, neighborhood scale commercial and retail and food service 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 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, and this character should be retained. Figure 8 is a map of the central business District. Supp. No. 46 1518 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-115 S. a 1.N "C. xie� Figure 8 Central Business District Map (b) Permitted uses. The uses permitted in the central business district shall be: (1) Low intensity service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners), tailors or dressmakers. (2) Low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books, stationery, luggage, jewelry, or similar uses. (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, cafe, coffee shops without drive -up or drive-through service. (8) Art galleries, libraries, museums, cultural centers. (9) Government use, buildings and facilities. (10) Uses authorized pursuant to a right-of-way revocable license agreement. (11) A single-family dwelling unit within the same building occupied by a permitted use. Supp. No. 46 1519 § 24-115 ATLANTIC BEACH CODE (12) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection (c) below. (c) Uses -by -exception. Within the central business district, the following uses may be approved as a use -by -exception. (1) Residential, where such residential use is within the same building of a mixed use project subject to density requirements of the comprehensive plan. (2) Live entertainment in conjunction with a permitted use or approved use -by - exception, not including adult entertainment establishments as defined by F.S. § 847.001(2) and also not including outdoor entertainment such as putt -putt golf and driving ranges, skate park, firing ranges, amusement centers and video game arcades and any type of token or coin-operated video or arcade games, tattoo or body artists or studios, movie theaters, billiard and pool halls. (3) Off-street parking lots. Parking lots shall conform to provisions of section 24-162. (4) Hotel, motel, motor lodge, resort rental or tourist court and short term rental. (5) On -premises consumption of alcohol in accordance with the provisions in chapter 3, section 3-5. (d) Lot size and yard requirements. (1) Subject to meeting required impervious surface area limits, stormwater require- ments, access and parking standards, landscaping and buffering, there are only defined maximum front yard requirements within the central business district. (2) Yard requirements. The yard requirements within the central business district shall be: (a) Front: 15 feet (maximum) (b) Rear: 0 feet (minimum) (c) Side: 0 feet (minimum) (e) General restrictions. The following restrictions shall apply to all development within the central business district: (1) Maximum impervious surface: Seventy (70) percent, provided where existing development exceeds seventy (70) percent, redevelopment shall not increase impervi- ous surface area beyond that existing. (2) Required landscaping shall be provided in accordance with division 8 of this chapter. (3) Stormwater management requirements shall apply to infill development and to redevelopment projects involving exterior site changes. (4) Maximum building height: Thirty-five (35) feet. Supp. No. 46 1520 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-115 (f) Right-of-way revocable license agreements and uses 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 revocable license agreement approved by the city commission. As a condition of the license agreement, 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 business establishment 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 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 such outside seating areas. (5) Seats provided in such 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 nonfood service uses in right-of-way license agreements provided such uses are listed as permitted or permissible by use -by - exception, and further provided such uses are special -event -related and not continu- ous. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1521 § 24-116 ATLANTIC BEACH CODE Sec. 24-116. Traditional Marketplace district (TM). W 14TH -ST`= • W 67 $T. Figure 9 Traditional Marketplace Map (a) Intent. The traditional marketplace district is intended for mixed residential and neighborhood retail development. The traditional marketplace district was established to allow redevelopment along commercial corridors with a development pattern more consistent with development that was common prior to the 1950's. This development style is characterized by having minimum setbacks, parking areas in the rear or side yards, and access through rear alleyways. Typically, this style of development also has a mixture of uses with commercial on the first floors and upper stories residential. Today, this style of development is often referred to as new urbanism and is characterized as being walkable and pedestrian friendly. Supp. No. 46 1522 • • • • • LAND DEVELOPMENT REGULATIONS § 24-116 (b) Permitted uses. The uses permitted in the traditional marketplace district shall be: (1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners), tailors or dressmakers; retail sales of items such as wearing apparel, toys, sundries and notions, books, stationery, luggage, jewelry, or similar uses. (2) Medical and dental offices, but not clinics or hospitals. (3) Professional offices such as accountants, architects, attorneys, engineers, and similar uses. (4) Business offices such as real estate broker, insurance agents, and similar uses. (5) Banks and financial institutions without drive-through facilities. (6) Restaurants, cafe, coffee shops without drive -up or drive-through service. (7) Art galleries, libraries, museums, cultural centers._ (8) Municipal, government buildings and facilities. (9) Uses within the rights-of-way pursuant to the revocable license agreement. (10) A single dwelling unit within a building occupied by a permitted retail use on the ground floor or a public amenity as described in section 24-116(d) every forty-five (45) feet. (11) Multifamily dwelling units within a building occupied by a permitted retail use on the ground floor or a public amenity as described in section 24-116(d) every forty-five (45) feet. (12) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (13) Retail outlets for the sale of food, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), 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 retail uses. (14) Retail sale of beer and wine only for off -premises consumption. (15) On -premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready -to -consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. (16) Theaters, but not a multi -screen (exceeding two (2) screens) or regional complex. (17) Live entertainment indoors and non -amplified. (18) Craftsman and artisan studios including metal welding and fabrication shops not to exceed two thousand five hundred (2,500) square feet. Supp. No. 46 1523 § 24-116 ATLANTIC BEACH CODE (19) Mixed use projects combining the above uses and those approved as a use -by - exception pursuant to subsection (c) below. (20) Tap room in conjunction with a brewery or a distillery. (21) Hotel, motel, motor lodge, resort rental or tourist court and short term rental as defined within section 24-17. (c) Uses -by -exception. Within the traditional marketplace district, the following uses may be approved as a use -by -exception. (1) Businesses offering amplified live entertainment both indoor and outdoor. This does not include adult entertainment establishments as defined by F.S. § 847.001(2) and also does not include outdoor entertainment such as putt -putt golf and driving ranges, skate park, firing ranges, amusement centers and video game arcades and any type of token or coin-operated video or arcade games. (2) On -premises consumption of alcoholic beverages in accordance with chapter 3 of the Code. (3) Veterinary clinics, pet grooming, and pet kennel and facilities for the boarding of animals. (d) Lot size and yard requirements. Subject to meeting required impervious surface area limits, stormwater requirements, access and parking standards, landscaping and buffering, there are no required setbacks within the traditional marketplace district. However, buildings shall build no more than five (5) feet from a side or front lot line unless the development provides an amenity which activates the street and is accessible to the public. Buildings may be setback farther than five (5) feet from a side yard or front yard setback in order to accommodate one (1) or more of the following amenities: (1) Outdoor seating for a restaurant, retail, or similar use accessible to the public; (2) Shelter or canopy between the building and the property line accessible to the public; (3) Public art such as a sculpture accessible to the public; and (4) Greenspace, pocket park, parklet or square accessible to the public. (e) General restrictions. The following restrictions shall apply to development and redevelopment the traditional marketplace district: (1) Maximum impervious surface: Seventy (70) percent, provided where existing development exceeds seventy (70) percent, redevelopment shall not increase impervi- ous surface area beyond that existing. (2) Required landscaping shall be provided in accordance with division 8 of this chapter (3) Stormwater management requirements shall apply to infill development and to redevelopment projects involving substantial exterior site changes. (4) Maximum building height: Thirty-five (35) feet. Supp. No. 46 1524 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-117 (f) 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 revocable license agreement approved by the city commission. As a condition of the license agreement, 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 own leasee/leasor of the business establishment 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 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) Lighting to serve outside seating areas shall not spill over to adjacent properties. (5) The city commission shall determine and establish by resolution the charges, terms and termination procedures for right-of-way leases. (6) The city commission may permit nonfood service uses in right-of-way revocable license agreements provided such uses are permitted an approved use -by -exception process, and further provided such uses are special event related and not continuous. (Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) DIVISION 6. SPECIAL PLANNED AREA DISTRICT (SPA) Sec. 24-117. Purpose and intent. The purpose of the special planned area district is to create a mechanism to establish a plan of development or redevelopment for a site where the property owner and the community's interests cannot be best served by the provisions of the conventional zoning districts, and where assurances and commitments are necessary to protect the interests of both the property owner and the public, and also the unique qualities of the City of Atlantic Beach which are expressed throughout this chapter and the comprehensive plan. Supp. No. 46 1525 § 24-117 ATLANTIC BEACH CODE The intent of this section is to provide an appropriate zoning district classification for new development and redevelopment where specific development standards and conditions will be established within the enacting ordinance. The quality of design and site planning are the primary objectives of the SPA district. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-118. Special planned area district required. The special plan area process may be used at a property owner's discretion, and may also be required by the city where a proposed development or redevelopment project has unique characteristics, special environmental or physical features such that a site development plan is needed as part of the review and approval process. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-119. Permitted uses and site requirements. (a) Permitted uses. Any use or mix of uses, which are a permitted use or a permitted 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 special planned area district. (b) Site requirements. Special planned area districts shall not have a minimum size requirement, but shall otherwise be subject to all applicable requirements of this chapter. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-120. Process for rezoning to special planned area district. (a) The procedure for rezoning to special planned area shall be the same as set forth within section 24-62 of this chapter. (b) Ownership and commitment information required. An application for rezoning to special planned area shall proceed in general as for other applications for rezoning and, in addition to the information required for such applications, the following shall also be required: (1) Evidence of unified control and a written commitment to proceed with the proposed development in accordance with the ordinance creating the special planned area. (2) Provision of a written agreement 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. (3) Commitment to bind all successors and assigns in title to any conditions included within the ordinance creating the special planned area which shall also include by reference the application for rezoning and the approved plan of development, and which shall be recorded with the Clerk of the Courts of Duval County. Supp. No. 46 1526 • • • • • LAND DEVELOPMENT REGULATIONS § 24-120 (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. (c) Materials to accompany application. An application for rezoning to special planned area shall include the materials listed in section 24-62 and the following: (1) Traffic, environmental or other technical studies and reports as may be required in order to make the findings and determinations called for in the evaluation of the particular application. Any such information shall be provided at the applicant's expense and shall be prepared by professionals who are qualified, licensed or certified to prepare such information using standard accepted methodologies. (2) Written narrative describing the intended plan of development. (3) A proposed site development 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 proposed development. e. A boundary survey and 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 nonresidential structures.) (4) 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. Supp. No. 46 1527 § 24-120 ATLANTIC BEACH CODE c. The construction of streets, utilities and other improvements necessary to serve the proposed development. d. The dedication of land to public use, if applicable. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-121. Development standards and criteria. The special planned area district should not be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other chapters of the city Code. Waivers to existing development standards may be approved by the city commission as part of a special planned area rezoning ordinance upon demonstration that an alternative standard will provide a better development outcome with respect to the quality of design and development form. Unless otherwise approved as part of the master site development plan, all applicable requirements of the land development regulations shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-122. Master site development plan required. A master site development plan shall be attached as an exhibit to the ordinance or adopted by reference within the ordinance enacting any special planned area district and shall include the following: (1) Those items set forth within section 24-120. (2) (3) A schedule of development, and if a phased schedule is proposed, phases of not more than five (5) years each. All features and special development provisions and conditions capable of being depicted on a map or otherwise provided in notations on the plan or within text attachments. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-123. Platting. Where lands within a special planned area district will be platted, the platting and recordation procedures and requirements as set forth within article IV of this chapter shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-124. Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD). (a) Changes to the terms or conditions of a special planned area district, or to an existing planned unit development approved prior to the enactment of the special planned area district, that are specifically set forth within the ordinance enacting the PUD or SPA district shall require an ordinance revision using the standard process to rezone land. Supp. No. 46 1528 • • • • LAND DEVELOPMENT REGULATIONS § 24-151 (b) Except as provided in subsection (b) below, changes to master site development plans shall require approval by ordinance of the city commission upon finding that the proposed changes remain consistent with the approved special planned area district. (c) Minor deviations to a master site development plan or final development plan may be approved by the administrator following review by the building, public works, public utilities and community development departments, upon finding that the requested changes are consistent with the following: (1) (2) (3) (4) No change in use; No increase in building height, density or intensity of use; No decrease in area set aside for buffers or open space; No changes to access point or driveways. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-125. Expiration of time limits provided in ordinance. If development actions set forth within the ordinance creating a special planned area district are not timely taken as prescribed within the ordinance, the right to proceed with the development authorized pursuant to a special planned area ordinance shall expire, and no further development action shall be permitted under same unless an extension has been granted by the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-126. Effect on previously approved planned unit developments (PUDs). PUDs created prior to the effective date of the ordinance enacting the special planned area district provisions shall remain so designated on the zoning map and shall remain subject to all specific terms and conditions as set forth within the particular PUD ordinance. Any proposed change to a previously enacted PUD shall be made in accordance with the procedures as set forth within this division. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-127-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set forth within this section, where the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. Any permanently located accessory structure, which exceed thirty (30) inches in height, also including without limitation, those which may not require a building permit, are subject to all land development regulations unless otherwise provided Supp. No. 46 1529 § 24-151 ATLANTIC BEACH CODE for within this chapter. Temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. a. Antenna structures for television and radio, but not microwave relay or commercial transmission structures, television and radio antennae of the customary size and design shall not count as accessory structures for the purposes 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. c. Guest house or guest quarters, provided that such are used only for intermit- tent and temporary occupancy by a nonpaying 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 or guest quarters shall not exceed the number of buildings allowed on a lot as set forth within section 24-81(b). d. Detached private garages, carports, guest houses or guest quarters, shall not exceed six hundred (600) square feet of lot area and fifteen (15) feet in height. Only one (1) detached private garage, carport, guest house or guest quarters shall be allowed on any single residential lot and shall be a minimum distance of five (5) feet from rear and side lot lines. Such detached structures exceeding six hundred (600) square feet of lot area shall comply with applicable setbacks as established for the principal building. e. Notwithstanding subsection (d) above, 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 ten (10) feet from the rear lot line. f. g. h. i. j• Supp. No. 46 Detached garage apartments which are permitted only on double frontage (through) lots subject to the provisions of section 24-89. Gazebos, pergolas, covered decks and similar structures, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot lines. Private swimming pools in accordance with section 24-164. Home occupation per section 24-159. Private ball courts and other similar private recreational uses. 1530 • 1 • • LAND DEVELOPMENT REGULATIONS § 24-151 k, Skate park, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. 1. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. m. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs such as awnings and the like, located a minimum of five (5) feet from any side or rear lot line. n. Uncovered decks and patios (with or without railings). o. Outdoor shower enclosures and open exterior stairs, shall not be located within three (3) feet of side and rear lot lines. (2) In any zoning district, except as to private swimming pools, and unless specifically provided otherwise in this chapter. a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. Space within an accessory structure shall not be leased or used for any use, activity or purpose other than those typically incidental to the use of the principal building. b. No accessory structure shall be used as a residence, temporarily or permanently, except in accordance with section 24-89, and no accessory structure shall be used for any commercial or business purpose unless approved as a home occupation in accordance with the provisions of section 24-159 of this chapter. c. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations applicable to the zoning district in which they are located. d. 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. e. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24-89 or preceding subsection (b)(1). f. No accessory building or structure other than screen enclosures with a screen roof or uncovered decks or patios shall be located closer than five (5) feet to any other building or structure on the same lot. Any accessory building or structure Supp. No. 46 1531 § 24-151 ATLANTIC BEACH CODE located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot, yard and scale limitations applicable to the zoning district in which they are located. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-214, § 1(Exh. A), 3-26-12; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-152. Child care. Child care facilities, 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 and any other applicable state requirements, all applicable city Codes, and shall further be subject to the following provisions: (a) Minimum lot area shall not be less than five thousand (5,000) square feet. (b) Outdoor play areas shall be fully fenced with a minimum four -foot high latching fence, and the size of play area shall meet the state regulations for square feet of play 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 yard setback areas. (c) 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 applica- tion 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. (d) 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 chapter. 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 F.S. § 402.311 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 be 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 yard setback areas. Supp. No. 46 1532 • • • • LAND DEVELOPMENT REGULATIONS § 24-154 c. Off-street parking, as required by section 24-161, shall be provided, including provision Es] for off-street drop-off and pick-up. Parking and traffic generated by any child care provided within private home facilities shall have no adverse impacts to the volume or circulation of residential traffic. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-153. Churches. The minimum development criteria for churches in any zoning district where churches are permitted shall include the following: (a) Adequate site area to accommodate all structures and required onsite parking and circulation areas for motor vehicles, in accordance with the parking requirements of this chapter. (b) 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. (c) Maintenance of the required clear sight triangle. (d) Minimum yard requirements and building restrictions as required within the zoning district in which the facility is located. (e) 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. (f) A single dwelling unit for 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 applicable zoning district shall apply. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-154. Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings. (a) Except as provided in subsection (b) below, the outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar merchandise, equipment and materials, shall be prohibited within all nonresidential zoning districts, with the following exceptions: (1) Landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental articles for use in lawn, garden or patio areas, displayed for sale on private property only and subject to provision of any required buffering and screening. Supp. No. 46 1533 § 24-154 ATLANTIC BEACH CODE (2) Locations authorized for permanent automotive sales, except that no storage or display of tires, auto parts, tools, service or repair work is permitted outdoors, and no streamers, banners, pennants, balloons, flashing lights or similar items are permit- ted in any location. (3) Temporary outdoor markets limited only to farm and garden produce, arts and crafts, and seasonal items such as Christmas trees and pumpkins, and mobile food vending units, may be permitted on private property subject to approval by the administrator verifying adequate parking, safe site access, and establishing the duration and time of such activities. Other conditions for approval, as appropriate, may be required. (b) Within the commercial general (CG) zoning district only, outside display of merchandise shall be permitted only in accordance with the following conditions: (1) Display areas must be fully located on private property, shall not be located in any drive aisle, parking or landscaping areas and shall not in any manner interfere with use of a sidewalk, walkway or entrance to a business with a minimum three-foot wide clear area maintained for walkways in front of any such display. All items and any display rack or table must be brought inside at the close of each business day. (2) Outside display racks or tables are limited to a maximum size of three (3) feet in height, two (2) feet in depth and five (5) feet in width, and only one (1) outside display rack shall be permitted per business or per lot, as applicable. Display racks or tables must be professionally constructed or manufactured and of a type customarily used for such purposes. Temporary tables constructed of plywood, blocks or other similar materials shall not be used. (3) Only merchandise that is sold inside the adjoining business, which holds the valid business license as the owner or lease holder to operate such business, shall be displayed outside. (4) No temporary signs, lights, banners, balloons, posters and the like shall be permitted on such displays, except that pricing information attached to individual items for sale is permissible, and such displays shall be maintained in a neat, orderly and uncluttered manner. (5) Failure to consistently observe all above conditions shall result in an order from the city to remove all such merchandise and revocation of rights for such future outside displays may follow. (c) Unless expressly permitted by this section or elsewhere within these land develop- ment regulations, all business-related products services and activities shall be conducted within an enclosed building, subject to compliance with applicable licensing requirements. (d) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats, RVs and the like, flea markets, swap meets, regardless of the name used to describe these, shall be prohibited in all zoning districts. Supp. No. 46 1534 • • • • LAND DEVELOPMENT REGULATIONS § 24-156 (e) Any signage used for any outside merchandise or activity shall be in accordance with the sign regulations. (f) This section shall not be construed to prohibit outdoor restaurant seating on private property where permitted by the property owner and in compliance with other applicable regulations including without limitation required parking, and any required licensing from the division of alcoholic beverages. (g) Within all residential zoning districts, and also including any property containing a residential use, household items, furniture and those items customarily intended for indoor use shall not be displayed, maintained or permanently stored outdoors, or in any location on the lot where such items are visible from adjacent properties. Discarded or unused household items shall be stored or properly disposed of to avoid mold, rodent and insect infestations which may result in health risks and which also create unsightly appearances that negatively affect neighborhoods. Such violations shall be corrected immediately upon written order from the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-155. Establishments offering live entertainment. If at any time the community development board shall determine, following a public hearing noticed and governed in accordance with section 24-51, that the live entertainment, for which a use -by -exception has been issued, constitutes a 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 community development board may, upon such determina- tion, revoke, cancel or suspend such use -by -exception and related business license. 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-156. Exceptions to height limitations. Upon specific application, the city commission may grant waivers to the maximum height of buildings as set forth within this chapter only within nonresidential zoning districts and only in accordance with the following: (a) In no case shall approval be granted for any height of building within the city exceeding thirty-five (35) feet, except in accordance with section 59 of the city Charter. (b) Requests to exceed the maximum height for certain elements of a building may be considered and approved only within nonresidential land use categories and for nonresidential development. Further, any such nonresidential increase to the Supp. No. 46 1535 § 24-156 ATLANTIC BEACH CODE maximum height of building shall be limited only to exterior architectural design elements, exterior decks or porches, and shall exclude signage, storage space or habitable space as defined by the Florida Building Code and shall be approved only upon demonstration that the proposed height is compatible with existing surround- ing development. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall, and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. (b) Height and location. (1) Within required front yards, the maximum height of any fence shall be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples, with vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a maximum height of five (5) feet except in cases as described in following subsection (2). Within required side or rear yards, the maximum height of any fence shall be six (6) feet. Figure 10 Front Yard Fence Design/Height (2) The height of fences shall be measured from the established grade at the fence location to the horizontal top rail of the fence. The use of dirt, sand, rocks, timbers, or similar materials to elevate the height of a fence on a mound or above the established grade is prohibited. (3) 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. Signed and sealed construction and engineering plans for retaining walls over thirty-six (36) inches in height shall be required. (4) For non -oceanfront lots with uneven topography along a side lot line, the minimum necessary rake of the fence, which is the ability for a fence to adjust to a slope, shall be allowed for the purpose of maintaining a consistent horizontal line along the side and rear of the lot, provided that the height closest to the front of the lot does not exceed six (6) feet. Supp. No. 46 1536 • • • • LAND DEVELOPMENT REGULATIONS § 24-157 (c) Corner lots. Fences, walls, similar structures and landscaping on corner lots may create obstacles to clear vehicular, bicycle and pedestrian sight visibility resulting in a public safety hazard. Notwithstanding the following provisions, clear sight visibility for fences, walls, landscaping or any structure proposed along the street side of any corner lot shall be reviewed and approved by the planning and community development director, or designee, prior to issuance of the permit required to construct, place or replace any such feature. Sight triangles as defined within section 24-17 shall remain free of visual obstruction. (1) For corner lots located on rights-of-way that are fifty (50) feet or less in width, 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. (2) For corner lots located on rights-of-way that are wider than fifty (50) feet, fences may be constructed within the side yard adjacent to the street at a maximum height of six (6) feet provided that the fence is on the private property and shall not be located closer than fifteen (15) feet from the edge of the street pavement or closer than five (5) feet to any sidewalk or bike path. (3) Similarly, hedges and landscaping on corner lots shall be maintained at a height that does not interfere with clear vehicular, pedestrian or bicycle sight visibility or use of the public sidewalk or bike path. (d) Privacy structures. Privacy structures as defined in section 24-17, may be constructed of any type of material and shall be limited to maximum length of twelve (12) feet and a height of eight (8) feet above the established grade of the lot where such structure is placed, provided that no such structure on a rooftop deck exceeds the maximum permitted height of building. Except for oceanfront lots, where the ocean side is the designated front yard, any such structure shall not be located within the required front yard of a lot and shall be subject to the applicable required side and rear yard setbacks. (e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired, replaced or removed. Unacceptable fences are identified as those containing any of the following characteristics that can be easily observed from the street or by a neighboring property: (1) Components of the fence are broken, bent, visibly rusted or corroded. (2) Portions of the fence are no longer connected to support posts and rails. (3) Any components are rotten, broken or missing. (4) Weeds are overtaking the fence. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1537 § 24-158 ATLANTIC BEACH CODE Sec. 24-158. Dog -friendly restaurants. (a) Purpose and intent. The Dixie Cup Clary Local Control Act, F.S. § 509.233, grants the city the authority to provide exemptions from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor areas of their respective establishments while providing for regulation and enforcement required to promote, protect, and maintain the health, safety and welfare of the public. By authority of F.S. § 509.233(2), there is hereby created in the City of Atlantic Beach, Florida such a local exemption procedure, known as the City of Atlantic Beach Dog -Friendly Restaurants. (b) Applicability. No dog shall be allowed in a public food service establishment unless authorized by state law and the public food service establishment has received and maintains an unexpired permit pursuant to this section allowing dogs in designated outdoor dining areas of the establishment, (c) Permit requirements. No public food service establishment within the city shall have or allow any dog on its premises unless the food service establishment possesses a valid permit issued in accordance with this section, or unless otherwise permitted pursuant to Florida Statutes. (1) Permit application. An applicant for a dog -friendly restaurant permit shall submit the established fees along with the application form created and provided by the city to the designated administrative department. The application shall contain alt required narrative and graphical information necessary to determine compliance with the provisions of this section and deemed reasonably necessary for the enforcement of the provisions of this section, but shall require, at a minimum, the following information: a. The name, location, and mailing address of the food service establishment. b. The appropriate and current division -issued license number for the public food service establishment on all application materials. c. The name, mailing address, and telephone contact information for the owner of the public food service establishment. d. The name, mailing address and telephone contact information for the manager of the public food service establishment. e. The name, mailing address, and telephone contact information for the permit applicant. f. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including the following: 1. Dimensions of the designated area; Supp. No. 46 1538 • • • • • LAND DEVELOPMENT REGULATIONS § 24-158 2. A depiction of the number and placement of tables, chairs, and restaurant equipment, if any; 3. The entryways and exits to the designated outdoor area; 4. The boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; 5. Any fences or other barriers; and 6. Surrounding property lines and public rights-of-way, including sidewalks and common pathways. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. g. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. h. The property owner's authorization shall also be required if the applicant is not the property owner. (2) Fees. The city commission shall establish reasonable fees to cover the cost of processing an initial application and issuing the permit, including a portion for initial permit compliance inspection and program monitoring. Separate fees shall be established for verified complaint -based and permit reinstatement compliance inspections. Such fees are detailed in section 24-69 of this chapter. (3) Permit application review and approval. Permit applications submitted under this section shall be reviewed and approved by the administrator in accordance with the following: a. The permit application shall be submitted at least thirty (30) days prior to the date anticipated by the food service establishment for inception of the program in the designated outdoor area. b. The applicant shall be required to prominently display notice within the food service establishment that application has been made for a dog -friendly restaurant permit. The notice shall indicate the portion of the seating area for which permitting is requested and the anticipated start date of service. The notice shall be displayed commencing the date application is made and continue until such date the permit is issued or the application is withdrawn or abandoned. c. No permit shall be issued for any outdoor seating area which has not been properly authorized by the city or which does not meet all applicable criteria of the city's land development regulations and regulations of the division. d. For permits authorizing dogs within the outdoor areas of a food service establishment located on any right-of-way or other property of the city or any other governmental entity, the administrator shall require the applicant to produce evidence of the following: 1. A valid right-of-way, sidewalk, or other permit, license, or lease showing the food service establishment has the right to occupy and use the area; and Supp. No. 46 1539 § 24-158 ATLANTIC BEACH CODE 2. A properly executed insurance endorsement providing commercial general liability insurance coverage in an amount of no less than five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate. The policy shall not have any exclusion for animals or animal bites. All insurance shall be from companies duly authorized to do business in the State of Florida. All liability policies shall be endorsed to provide that the city or any other appropriate governmental entity is an additional insured as to the operation of the outdoor dining area on such government property. e. After the administrator determines the application for a permit to be complete and in compliance with this section, the administrator shall cause inspection of outdoor areas of the food service establishment designated in the application for compliance with the provisions of this section. A food service establishment found not in compliance upon such inspection shall have a reasonable time in which to correct any deficiencies found. Upon correction of such deficiencies, the public food service establishment shall request re -inspection and pay a re -inspection fee. f. A food service establishment making application for or issued a permit under this section shall provide access to the premises of the food service establish- ment upon request of the administrator of the city or the division for periodic inspections and monitoring for compliance. Neither advance notice nor written request shall be required for such inspections. An application shall be deemed abandoned if it remains incomplete in the determination of the administrator for a period of ninety (90) days after notice to the applicant of the deficiencies in the application or if inspection of the food service establishment revealed deficiencies in compliance with this section and the applicant has not requested reinspection within such period. h. A permit issued pursuant to this section shall not be transferrable to a subsequent owner upon the sale or transfer of a public food serviced establish- ment, but shall expire automatically upon the sale, lease, or other transfer of an interest in the food service establishment, and service under such expired permit shall cease. The subsequent owner, lessee, or other person acquiring an interest in the food service establishment shall be required to reapply for a permit pursuant to this section if such person desires to continue to accom- modate patrons' dogs according to the provisions of this program. (4) Permit expiration. Each permit issued under this section shall expire on September 30 next following issuance, regardless of when issued. (5) Permit renewal. Each September, the administrator shall review the compliance records for each public food service establishment with a current dog -friendly restaurant permit and send out renewal notices to those establishments not having substantial and/or habitual violations during the past year. Upon receipt of a g. Supp. No. 46 1540 • • • LAND DEVELOPMENT REGULATIONS § 24-158 complete renewal application and appropriate fees, and successful permit inspection, the administrator shall issue a renewal permit with an effective date of October 1 of that year. The administrator shall issue a consultation notice to those food service establish- ments having substantial and/or habitual violations during the past year. At consultation, the administrator and the applicant shall discuss severity and frequency of violations documented during the past year, and the administrator shall determine whether or not the applicant may apply for a probationary renewal permit. Any food service establishment issued consultation notices for two (2) consecutive years shall be prohibited from applying for a dog -friendly restaurant permit. (6) Permit revocation. A permit issued under this section may be revoked by the administrator subject to the following conditions. a. A permit issued under this section may be revoked by the administrator if, after notice and reasonable time in which the grounds for revocation may be corrected, the food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license or permit, fails to pay when due any permit, renewal, inspection, or re -inspection fees, is found to be in violation of any provision of this section, this chapter, this Code, or regulations of the division, or there exists any other threats to the health, safety, or welfare of the public. The administrator may suspend the permit and the food service establishment shall cease service under the permit pending correction of the grounds for revocation. If the grounds for revocation are a failure to maintain any required state or local license or permit, revocation may take effect immediately upon giving notice of revocation to the food service establishment owner or manager. A suspension or revocation by the administrator shall be appealable as provided in the general appeal provision of this chapter, but shall remain in effect during the course of such appeal. b. If a permit issued to a food service establishment under this section is revoked, no new permit may be approved or issued for such food service establishment until the expiration of one hundred eighty (180) days following the date of such revocation, at which time the applicant may request a consultation with the administrator to discuss issuance of a renewal permit. (e) Use -specific standards. In addition to the general development standards and those specific to the applicable zoning district, any public food service establishment that receives a permit to allow dogs within a designated outdoor dining area pursuant to this section shall require observation and compliance with the following use -specific standards. (1) The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram. (2) Permits shall be conspicuously displayed in the designated outdoor area. Supp. No. 46 1541 § 24-158 ATLANTIC BEACH CODE (3) Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (4) A kit with appropriate materials and supplies for cleaning and sanitizing an area soiled by dog waste shall be maintained in the designated outdoor area. Dog waste shall not be carried in or through indoor portions of the public food service establishment. (5) Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or nondesignated outdoor areas of the public food service establishment. (6) No dogs shall be allowed in the designated outdoor areas of the food service establishment if a violation of any of the requirements of this section exists. (7) All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request. (f) Required signs. Any public food service establishment that receives a permit to allow dogs within a designated outdoor dining area pursuant to this section shall provide signage in accordance these standards and content. (1) Sign standards. Signs must comply with the following: a. Lettering must be no less than a thirty-six (36) point font. b. Lettering must be in a contrasting color to the sign background so as to be visible and readable. (2) Employee -directed content signs. Signs with the following rules must be prominently posted in an employee area. a. Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog, and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area. b. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or while handling tableware. c. Employees shall not permit any dog to be in, or to travel through, indoor or nondesignated outdoor areas of the public food service establishment. d. Employees shall not allow any dog to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. e. Employees shall not allow any part of a dog to be on chairs, tables or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron. f. Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. Supp. No. 46 1542 • • g. LAND DEVELOPMENT REGULATIONS § 24-159 Spilled food and/or drink must be removed from the floor or ground as soon as possible, but in no event less frequently than between seating of patrons at the nearest table. h. Accidents involving dog waste must be immediately cleaned and sanitized with an approved product. (3) Patron -directed content. Signs with the following rules must be prominently posted at the entrance to the designated outdoor area allowing dogs. a. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. b. Patrons shall not leave their dogs unattended for any period of time. c. Patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. d. Patrons shall not allow any part of a dog to be on chairs, tables or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron. e. Accidents involving dog waste must be immediately cleaned and sanitized with an approved product. f Patrons are advised to wash their hands with waterless hand sanitizer before eating. (g) Complaints and reporting requirements. In accordance with F.S. § 509.233, the administrator shall provide the division with the following in a timely manner. (1) The administrator shall establish a procedure for accepting, documenting and responding to complaints related to the program in a timely manner. (2) The administrator shall in a timely manner provide the division with a copy of all approved applications and permits issued. (3) The administrator shall promptly provide the division with copy of all complaints and responses to such complaints. (4) All applications, permits, and other materials submitted to the division shall contain the division -issued license number for the public food service establishment. (Ord. No. 95-10-102, § 1, 1-10-11; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-159. Home occupations. (a) Intent. Certain home occupations may be approved by the planning and community development director upon receipt of an application in compliance with this section, 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 Supp. No. 46 1543 § 24-159 ATLANTIC BEACH CODE appearance of a property, shall not increase traffic in residential neighborhoods or involve on -premises contact with customers or clientele and shall not create any adverse impacts to the surrounding residential neighborhood. (b) The following provisions regulations shall also apply to all activities approved as home occupations: (1) The address of the home occupation shall not be advertised as a business location. (2) No one other than immediate family members residing on the premises shall be involved in the home occupation. There shall be a limit of one (1) business 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. (7) The planning and community development director 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 occupation, 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. (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 vehicles of any kind. Supp. No. 46 1544 • • • • • LAND DEVELOPMENT REGULATIONS § 24-160 (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) Tattoo or body artists. (11) Antique or gift shops. (12) Tow truck service. (13) Boarding of more than two (2) animals at any time. (14) Any other activity as determined by, the planning and community development director to be inappropriate as a home occupation. (e) All other business activities, not specifically approved as a home occupations, shall be restricted to the appropriate nonresidential zoning districts. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 interference with clear vehicular or pedestrian travel or sight distance. (b) Within commercial, industrial and multi -family 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. Screening shall consist of 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. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1545 § 24-161 ATLANTIC BEACH CODE Sec. 24-161. Off-street parking and loading. (a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section. Parking areas shall be arranged for convenient access and the safety of pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to prevent encroachment on to adjacent properties; and when lighted, lights shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct stormwater facilities, drainage swales or clear vehicular sight distance. Excess surface parking is discouraged, and in no case shall the number of extra surface parking spaces exceed ten (10) spaces or ten (10) percent, whichever is greater. Parking calculations demonstrating provision of required parking shall be provided with all building permit applications submitted for review. Required parking shall be maintained for the duration of the use it serves. Table 1 depicts the minimum parking required by use. (b) (1) (2) General requirements and limitations for parking areas. Adequate drainage shall be provided, and parking areas dustproof condition kept free of litter and debris. All parking areas shall be paved unless an alternative surface is approved by the director of public works. Any such alternative surface shall be maintained as installed and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts. shall be maintained in a (3) All parking areas shall meet the landscape requirements set forth is section 24-176. (4) 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. (4) There shall be no sales, service or business activity of any kind within any parking area. (5) 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. (6) Applications to vary from the requirements of this section shall follow the procedures set forth in subsections 24-64(a) and (b). The community development board may approve such application only upon finding that the intent of this section as set forth in preceding subsection (a) is met. (c) 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. Supp. No. 46 1546 • • LAND DEVELOPMENT REGULATIONS § 24-161 (d) 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 horizontal area of every floor of the building. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor area where no seating is provided, shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half (I/2) shall require a full space. (e) 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 (1) sought, it being the intent of this section to require all uses to provide adequate off-street parking and loading. (f) Location of required off-street parking spaces. (1) Parking spaces for residential uses shall be located on the same property with principal building(s) to be served. (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, provided that such required off-street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use, and shall require a shared parking agreement in accordance with this section. (3) Off-street parking for all uses other than single and two-family residential shall be designed and constructed such that vehicles will not back into public rights-of-way classified as arterial or collector as designated in map B-1 of the comprehensive plan. Parking spaces shall not extend across rights-of-way including any public or private sidewalk or other pedestrian thoroughfare. (4) Off-street parking spaces for any use shall not be located where, in the determination of the director of public safety, an obstruction to safe and clear vehicular sight distance would be created when vehicles are parked in such spaces. (g) Parking reductions. Allowable parking reductions in parking space requirements. This section provides procedures and criteria for the reduction of the off-street parking requirements of this chapter, except for residential and lodging uses. (1) Tree protection. Required vehicle parking may be reduced by a maximum of ten (10) percent when necessary to preserve legacy trees, as defined in chapter 23. Required vehicle parking may be reduced by a maximum of five (5) percent when necessary to preserve regulated trees, as defined in chapter 23. These reductions cannot be combined. (2) Shared parking. A shared parking agreement subject to review and approval by administrator and city attorney shall be required where offsite parking is used to meet parking requirements and shall be recorded with the clerk of courts between Supp. No. 46 1547 § 24-161 ATLANTIC BEACH CODE cooperating property owners as a deed restriction on both properties and shall not be modified without the consent of the administrator and city attorney. When shared parking is implemented the uses sharing parking must demonstrate different peak -hour parking needs. (3) Motorcycle parking. For every two (2) motorcycle parking spaces provided, the required vehicle parking may be reduced by one (1) space, up to five (5) percent of required parking. Each motorcycle parking space must have dimensions of at least four and one-half (41/2) feet by eight (8) feet per space. (4) Bicycle parking. For each additional four (4) bicycle parking spaces provided, the provision of vehicular parking spaces required by this Code may be reduced by one (1) space, up to a maximum of twenty (20) percent of the total number of vehicular parking spaces required. (5) Transportation network company. Developments within the central business district (CBD) and traditional marketplace (TM) district which provide preferred parking spaces or drop-off zones (e.g., covered, shaded, or near building entrance) for TNCs may reduce their parking requirement by two (2) vehicle spaces for every one (1) space which is marked and reserved for TNCs at a preferred location, up to a maximum of ten (10) percent of the total number of vehicular parking spaces required or four (4) vehicle parking spaces, whichever is less. Drop-off zones shall be located so as to minimize impediments to traffic flow. (6) On -street parking. Developments within the central business district (CBD) and traditional marketplace (TM) district shall receive credit for on -street parking. This reduction shall be limited to the number of parking spaces provided along the street frontage directly adjacent to the site. (h) Design requirements. (1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that smaller dimensions may be provided for single-family residential lots, provided that adequate onsite 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) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet. (4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a row identification system to assist patrons with the location of vehicles, and internal circulation shall be designed to minimize potential for conflicts between vehicles and pedestrians. (i) Parking space requirements. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within this paragraph are replaced with similar uses (such as a restaurant replacing a restaurant), with no expansion in size or Supp. No. 46 1548 • • • • • LAND DEVELOPMENT REGULATIONS § 24-161 increase in number of seats, additional parking shall not be required. Any increase in floor area or expansion in building size, including the addition of seats shall require provision of additional parking for such increase or expansion. CITY OF ATLANTIC BEACH OFF-STREET PARKING REQUIREMENTS USE RESIDENTIAL USES Multi -family residential mercial zoning districts uses within com- Studio/one-bedroom Two-bedroom Three-bedroom or more Rooming and boardinghouses All other residential uses COMMERCIAIJOFFICE USES Auditoriums, theaters or other assembly Bowling alleys Hotels and motels Medical office or dental clinic Marinas Restaurants, bars, nightclubs Shopping centers Financial institutions Truck/trailer rental MINIMUM PARKING REQUIRED One (1) space per unit One and one-half (11/2) space per unit Two (2) spaces per unit One (1) space for each guest bedroom Two (2) spaces per dwelling unit places of One (1) space for every four (4) seats or seating places Four (4) spaces for each alley 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 One (1) space for each two hundred (200) square feet of gross floor area One (1) space per boat slip plus spaces required for parking accessory uses such as office One (1) space for each four (4) seats. Any outdoor seating where service occurs shall be included One (1) space for each three hundred (300) square feet of gross floor area One (1) space for each three hundred (300) square feet One (1) space for each two hundred (200) square feet, five (5) spaces minimum Two (2) spaces for each service bay (service bay is not a parking spot) One (1) space for each four hundred (400) square feet of gross floor area Minor automotive service, major automotive repair Retail, office, or service uses not otherwise specified Supp. No. 46 1549 1 24-161 ATLANTIC BEACH CODE IUSE )MINIMUM PARKING REQUIRED 1INDUSTRIAL USES Light assembly and fabrication, manufactur- One (1) space for each five hundred (500) ing - heavy, printing, engravings and related square feet reproductive services Mini -warehouse Outside storage Warehouse/storage (inside) Three (3) spaces, plus one (1) for each one hundred (100) units One (1) space for each two thousand (2,000) square feet of designated site area One (1) space for each one thousand (1,000) square feet INSTITUTIONAL AND COMMUNITY SERVICE USES Assisted living, senior care and similar hous- One (1) space for each four (4) occupant ing for the elderly where residents do not accommodations routinely drive or maintain vehicles on the property Churches, temples or places of worship Clubs or lodges Hospitals, clinics and similar institutional uses Libraries and museums Mortuaries, funeral homes Schools and educational uses Vocational, trade and business schools One (1) space for each four (4) seats or seating places 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 One and one-half (11/2) spaces for each hospital bed One (1) space for each five hundred (500) square feet of gross floor area One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees a. Elementary and middle 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 One (1) space for each three hundred (300) square feet of gross floor area Supp. No. 46 1550 • • • • LAND DEVELOPMENT REGULATIONS § 24-161 USE Child care facilities Spa, gym, health club and school for the fine or performing arts or martial arts Community center, government uses, build- ing, or facility Hospice Emergency ambulance service MINIMUM PARKING REQUIRED One (1) space for each four hundred (400) square feet of gross floor area, plus one (1) paved off-street pedestrian loading and unload- ing space for an automobile on a through, "circular" drive for each ten (10) students cared for (excluding child care in a residence). An additional lane shall also be required to allow pass by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas. One (1) space for each three (3) seats or one (1) space for each one hundred (100) square feet, whichever is greater One (1) space for each three hundred (300) square feet One (1) space for each six (6) beds, and one (1) space for each employee on the largest shift One (1) space for each three hundred (300) square feet and one (1) space for each seven hundred and fifty (750) square feet of site area * Please refer to section 24-161(0(4) for parking reductions ** Please refer to section 24-161(e) for uses not specifically mentioned. Table 4 Off -Street Parking Requirements (j) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. These off-street loading spaces shall be not less than ten (10) feet wide, twenty-five (25) feet long, provide vertical clearance of fifteen (15) feet, and provide adequate area for maneuvering, ingress and egress. The length of one or more of the loading spaces may be increased up to fifty-five (55) feet if full-length tractor -trailers must be accom- modated. (k) Additional requirements for multi -family residential uses. New multi -family residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multi -family development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach -going visitors. Supp. No. 46 1551 § 24-161 ATLANTIC BEACH CODE (1) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single- and two-family residential uses, shall provide bicycle parking facilities on the same site, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such barrier so to protect parked bicycles from damage by cars. (2) Bicycle parking facilities shall provide the ability to lock or secure bicycles in a stable position without damage to wheels, frames or components. (3) Bicycle parking shall be located in areas of high visibility that are well -lighted. (4) Bicycle parking shall be located no more than fifty (50) feet from the doors and entryways typically used by residents or customers for access to a building, not to include doors intended to be used solely as delivery doors or emergency exits. (5) Bicycle parking shall be provided at a rate of one (1) bicycle parking space for every ten (10) required vehicle parking spaces plus two (2) additional bicycle parking spaces. When computations result in requirement of a fractional space, a fraction equal to or more than one-half ('/2) shall require a full space. (6) All required bicycle parking for multi -family residential uses shall be located under or within a covered structure or structures. (m) Illumination values for parking areas. Illumination values at the property line of a new commercial or industrial development or redevelopment shall not be more than 0.2 fc at any point when a project is located next to any residential use or residentially zoned property. The illumination values at the property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance with these criteria shall not be required between two (2) adjacent nonresidential properties of like zoning or use classification provided that the properties are under the same ownership or have common parking areas or driveways. At canopied areas, such as those found at drive-through facilities, gas stations, convenience centers, and car -washes, lighting under the canopy, awning, porte cochere, or similar structure shall be either recessed or cut-off fixtures. The city may require a lighting plan in order to determine compliance with this section. (n) Valet parking. Valet parking does not require individual striping and may take into account the tandem or mass storage of vehicles. Non-residential developments may utilize valet parking subject to the following: (1) Submission and approval of a site plan that includes the layout and dimensions of the parking spaces and drive aisles showing sufficient parking and maneuverability for a variety of passenger automobiles, motor vehicles, and light trucks. (2) The dimensions of valet parking spaces may be reduced to seven and one-half (7.5) feet stall width by eighteen (18) feet stall length. Supp. No. 46 1552 • • • • LAND DEVELOPMENT REGULATIONS § 24-163 (3) Valet parking spaces shall be provided on-site, unless included in a shared parking agreement approved by the city. (4) An on-site drop off area that does not block public right-of-way for vehicles using the valet parking service shall be provided. (5) If the valet parking plan includes parking spaces that are required to meet the applicable minimum parking requirements, the valet parking service must be provided for those parking spaces during all operating hours of the use. (6) The valet parking service shall not utilize public parking spaces. (7) Changes to a parking lot or facility with valet parking that are changed to be self -parking shall require a revised site plan and shall meet the minimum parking requirements of this section. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-15-111, § 1, 11-9-15; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-162. Parking lots. Off-street parking lots may be a permissible use -by -exception in all nonresidential zoning districts and shall comply with the following: (a) A wall, fencing, shrubbery or as otherwise required by the community development board shall be erected along edges or portions of such parking. (b) No source of illumination for the parking area shall be directly visible from the property line of a residentially zoned property. (c) There shall be no sales, service or business activity of any kind in any parking area. (d) Parking spaces along sidewalks shall use curb stops to limit the encroachment of the parked vehicle into the pedestrian walkway. (e) If a shared parking agreement is required pursuant to section 24-161, then it will be subject to review and approval by the planning and community development director, city attorney and community development board. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. (a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight and dual rear wheel vehicles shall be prohibited in all residential zoning districts. (b) Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle weight, 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 on any residential lot, and such commercial Supp. No. 46 1553 § 24-163 ATLANTIC BEACH CODE 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. (c) Recreational vehicles, boats, 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) 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 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. In no case may more than a total of two (2) such vehicles and trailers be parked on any residential lot. (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 and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot. (3) Recreational vehicles 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. (d) 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. (e) 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. Supp. No. 46 1554 • • • LAND DEVELOPMENT REGULATIONS § 24-165 (f) 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, boats or trailers parked within completely enclosed buildings. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-164. Swimming pools, hot tubs, spas and ornamental pools/ponds. Swimming pools, hot tubs, spas, and ornamental pools/ponds 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: (a) Lights: Lights used to illuminate any swimming pool, hot tub, spa or ornamental pool shall be arranged so as not to directly illuminate adjoining properties. (b) Setbacks: The following setbacks shall be maintained for any swimming pool, hot tub, spa or ornamental pool: (1) For swimming pools, hot tubs, spas, the front setback shall be the same as required for a residence located on the parcel where the such is to be constructed, provided, that -in no case shall the pool to be located closer to a front lot line than the principal building is located; except that a pool may be located in either yard on a double frontage (through) lot along the Atlantic Ocean and provided that no pool on such lots is located closer than five (5) feet from any lot line. (2) For ornamental pools, the front setback shall be a minimum of five (5) feet. (3) Minimum required side and rear yard setbacks shall be five (5) feet from any lot line. (c) Fences: All swimming pools and any ornamental pool with a 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-165. Gas stations. Notwithstanding other provisions of the city's Code of Ordinances, the following provi- sions shall apply to the location, design, construction, operation and maintenance of gas stations and the property upon which they are located. In cases of conflict, the following provisions shall be applicable: (a) Lot dimensions. A lot containing a gas 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 Supp. No. 46 1555 § 24-165 ATLANTIC BEACH CODE 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. (b) Access to site. Vehicular entrances or exits for gas stations shall: (1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; (2) 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; (3) 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. (c) Location of fuel pumps and structures. No principal or accessory building shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No fuel pump shall be located within twenty (20) feet of any street right-of-way line nor within two hundred fifty (250) feet of the lot line of any property that is residentially zoned. (d) Lighting. All lights and lighting, including lighting related signage, on a property with a gas 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. Illumination values at a property line abutting a residentially zoned property shall not be more than 0.2 fc. The illumination values at all other property lines shall not be more than 1.0 fc. All lighting elements must be consistent in their design throughout the development, be shielded with an opaque material, have cutoff luminaires with less than a ninety - degree angle (down lighting), and may be no more than twenty (20) feet in height. Measurements of light readings shall be taken along any subject property line with a light meter facing the center of the property at six-foot intervals. (e) Number of fuel pumps. The maximum number of fuel pumps permitted within a single development shall be four (4). (f) Frontage on commercial arterials. Gas stations shall be located on properties with frontage on Atlantic Boulevard or Mayport Road. (g) Enhanced landscaping. In conjunction with the requirements of article III, division 8 of this chapter, no less than one (1) shade tree shall be located within twenty-five (25) feet of each property line, for every twenty-five (25) linear feet, or fraction thereof. In addition, one (1) understory tree shall be located within twenty-five (25) feet of each property line, for every fifteen (15) linear feet, or fraction thereof. Trees may be clustered, but shall be no more than fifty (50) feet apart. A variance of up to Supp. No. 46 1556 • • • • • LAND DEVELOPMENT REGULATIONS § 24-165 a maximum twenty-five (25) percent of the enhanced landscaping may be applied for if an applicant can demonstrate valid site constraints due to a property's natural features or conflicts with other design requirements such as parking, drainage, or utilities. Any required trees not planted as a result of an approved variance shall require in lieu of payment as described in chapter 23 of the city's Code of Ordinances, into the tree conservation trust fund. (h) Variances. Applications to vary from the requirements of this section shall follow the procedures set forth in section 24-64. (i) Hours of operation. The hours of operation shall be restricted to between 5:00 a.m. and 12:00 a.m. on a twenty -four-hour cycle. (j) Signage. Any signage on the exterior of the building is strictly prohibited that uses motion pictures, video screens, lasers, light projections, sounds, blinking, flashing, fluttering, inflatable objects, banners, flags, streamers, balloons, or items of similar nature to grab attention. All externally oriented signs on a subject property related to branding and consumable products shall count towards the total signage allowance for the property. Any unpermitted signage, regardless of size and location, for consumable products shall be considered a violation of this section. (k) Outdoor sales of consumable goods. Outdoor sales of consumable goods such as ice, newspapers, propane, videos, vending machines or products of similar nature shall be screened from the view of any public right-of-way and any property zoned residential. (1) Buffer distance between gas stations. Gas stations seeking operation within the city's municipal boundaries after June 11, 2018 shall not be permitted within one-quarter ('/a) mile of another gas station. This buffer distance calculation shall be applied to gas stations located both inside and outside the municipal boundaries of the city. (m) Car washes and auto service repair (minor or major) shall not be considered principal or accessory uses in conjunction with a gas station. (n) Effect on existing gas stations. As of June 11, 2018, any gas station in existence and operating in compliance with all applicable city Code requirements in effect prior to the adoption of Ordinance 90-18-233, or lawfully under construction, that would become non -conforming by virtue of the adoption of Ordinance 90-18-233, will be considered conforming with regards to use, hours, location, design, construction, operation, maintenance, design guidelines and other applicable provisions of the city's Code of Ordinances if the facility remains in operation. Such existing gas stations shall be required to comply with all applicable city Code of Ordinance provisions in effect prior to the adoption of Ordinance 90-18-233. If any valid application has been received by the city for a permit, site development plan, license, variance, or other approval or compliance determination which is required by the city relative to the development of a gas station prior to the adoption of Ordinance Supp. No. 46 1557 § 24-165 ATLANTIC BEACH CODE 90-18-233, compliance with the provisions of the city's Code of Ordinances, including without limitation, this chapter 24, in effect at the time such receipt shall be required. (o) Discontinuance and abandonment of use. As of June 11, 2018, any gas station that has discontinued operation or has been abandoned for a period of six (6) months shall not be re-established unless it complies with the requirements of this addition, one (1) understory tree shall be located within twenty-five (25) feet of each property line, for every fifteen (15) linear feet, or fraction thereof. Trees may be clustered, but shall be no more than fifty (50) feet apart. A variance of up to a maximum twenty-five (25) percent of the enhanced landscaping may be applied for if an applicant can demonstrate valid site constraints due to a property's natural features or conflicts with other design requirements such as parking, drainage, or utilities. Any required trees not planted as a result of an approved variance shall require in lieu of payment as described m chapter 23 of the city's Code of Ordinances, into the tree conservation trust fund. (p) Reconstruction. Reconstruction of an existing gas station that is deemed conforming under subsection (n) above is permitted at any time and for any reason, including casualty loss, voluntary demolition and rebuilding, or implementation of a facade renovation, site renovation or modernization, provided that after such reconstruction the gas station must comply with the use, hours, location, design, construction, operation , maintenance, design guidelines and other applicable city Code require- ments in effect prior to the adoption of Ordinance 90-18-233. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-18-233, § ld, 6-11-18; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-166. Signs. Signs shall be governed as set forth within chapter 17 of this Code, signs and advertising structures. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-167. Required buffers between residential and nonresidential uses. When new development, or a change of use is proposed in any nonresidential zoning district that adjoins a lot in residential use, either to the side or to the rear, buffers as described below shall be provided. (a) Where nonresidential development is proposed adjacent to residential development, there shall be a solid masonry wall, or a wood fence, shrubbery or landscaping as approved by the administrator, along required rear and required side yards. Such buffer shall be a minimum of five (5) feet in height at the time of installation, 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 lines. Supp. No. 46 1558 • • • • • LAND DEVELOPMENT REGULATIONS § 24-169 (b) Where landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve (12) months of installation. (c) Where a wall or fence is used, such wall or fence shall be constructed on the nonresidential property line, and height of the wall or fence shall be measured from the established grade of the nonresidential property, whether filled or not. Buffer walls and fences as required by this section may be constructed to a maximum height of eight (8) feet, subject to approval of the administrator upon demonstration that such height is required to provide adequate buffering between uses. However, in no case shall a wall or fence exceed eight (8) feet in height as measured from the lowest side. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegeta- tion. The removal or damage of a tree(s) and vegetation shall be governed by chapter 23. No lands shall be cleared or grubbed, and no vegetation on any parcel or lot shall be disturbed, prior to issuance of all required approvals and development permits authorizing such activity. Prior to the commencement of any such activities, erosion and sediment control best management practices shall be installed, inspected and approved by a public works director or their designee. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-169. Pharmacies and medical marijuana treatment center dispensing facilities. (a) Pharmacies and medical marijuana treatment center dispensing facilities shall not be located within five hundred (500) feet of the real property comprising each of the following: (1) Another pharmacy or another medical marijuana treatment center dispensing facility located within the city limits; (2) Public or private elementary, middle or secondary schools, including but not limited to those outside the city limits; and (3) Religious institutions, including but not limited to those outside the city limits. (b) Pharmacies and medical marijuana treatment center dispensing facilities shall be located on a parcel with frontage on either Atlantic Boulevard or Mayport Road. (c) Doors and entryways of medical marijuana treatment center dispensing facilities and pharmacies typically used by customers for access to a building, not to include doors intended to be used solely as delivery doors or emergency exits, shall be located at least one hundred (100) feet from a residentially zoned property line as demonstrated by a survey provided upon request by the city. Supp. No. 46 1559 § 24-169 ATLANTIC BEACH CODE (d) Medical marijuana treatment center dispensing facilities shall operate in compliance with F.S. § 381.986, as amended, and any applicable regulations promulgated by the State of Florida. (e) Pharmacies shall operate in compliance with Chapter 465, Florida Statutes as amended, and any applicable regulations promulgated by the state. (Ord. No. 90-18-234, § 2, 6-11-18; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-170. Reserved. 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. New development in the CBD and TM zoning districts may be exempted from the landscaping provisions of this section by the planning and community development director. (b) Delineation of commercial corridors. Commercial corridors are defined in section 24-17. They are graphically depicted on the following map: Supp. No. 46 1560 • • LAND DEVELOPMENT REGULATIONS § 24-171 -i-NY RC) 41H el A Zoi rc •:CE ST A:. 91,4 V ft TH Sot ti 6 rr4 ZNO 51 ,st va..CDO Figure 11 Commercial Corridor Map (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 Supp. No. 46 1561 § 24-171 ATLANTIC BEACH CODE residential properties, of existing buildings shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or split -faced 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 of a building. (4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows and architectural detail, shall not be permitted. (5) Burglar bars, steel gates, metal awnings and steel -roll down curtains are prohibited on the exterior and interior of a structure when visible from any public street. Existing structures which already have burglar bars, steel gates, metal awnings and steel -roll down curtains shall be brought into compliance with these provisions within a reasonable time after any change of ownership of the property, which shall not be more than ninety (90) days. (d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally illuminated monument signs are encouraged. (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 or the sky. (f) Fences. The use of chain link, barbed wire, razor or concertina wire, and similar type fencing shall be prohibited in any required front yard and in any required yard adjoining a street. (g) Landscaping and required buffers. The requirements of article III, 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 article III, division 8. Required buffers and landscape materials shall be depicted on all plans submitted for review. See Figure 12 for a graphical depiction of street frontage landscaping requirements. (1) A ten -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-foot wide area shall be maintained between the building and the parking area or any walkway. This area shall be used for landscaping. (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. Supp. No. 46 1562 • • • • • LAND DEVELOPMENT REGULATIONS § 24-172 (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. 1- 0 -A Commercial Corridor Street Frontage Landscaping - COMMERCIAL BUILDING ' 4' I ',I 1 I i• I 1 0 m in. • „ • r ..1 1 t 4 I — Row — — - • - - — I. --(Frontage Length) . • ,;-", " REIPQR, ROAD 5' —\ NOT TO SCALE Figure 12 Commercial Corridor Street Frontage Landscaping (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-172. Residential development standards. (a) Purpose and intent. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships Supp. No. 46 1563 § 24-172 ATLANTIC BEACH CODE within neighborhoods that may result from new development, which because of excessive height, mass or bulk may result in new development that excessively dominates established development patterns within neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties. The further intent of these regulations is to appropriately limit height and bulk and mass of residential structures in accordance with the expressed intent of the citizens of Atlantic Beach, and also to support and implement the recitals of Ordinance 90-06-195 and as more specifically enumerated below: (1) To ensure that buildings are compatible in mass and scale with those of buildings seen traditionally within the residential neighborhoods of Atlantic Beach. (2) To maintain the traditional scale of buildings as seen along the street. (3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent properties. (4) To promote access to light and air from adjacent properties. (5) To preserve and enhance the existing mature tree canopy, particularly within front yards. (b) Applicability The development standards and provisions set forth within this section shall apply to development of single-family and two-family dwellings within that area of the city depicted on Figure 13 and generally referred to as Old Atlantic Beach, which for the purposes of this section shall be bounded by: Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south; Seminole Road, extending north to 11th Street on the west; llth Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of llth Street and west of East Coast Drive; and East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street, and 16th street extending east to the beach, with the beach being the eastern boundary of this area. Supp. No. 46 1564 • • • '7> LAND DEVELOPMENT REGULATIONS § 24-172 • , • - - 501-K,ST IV; • TLAN CE AN -LANC A. Figure 13 Old Atlantic Beach Development, as used within this section, shall also include complete redevelopment of lots and certain renovations and additions to single-family and two-family dwellings as set forth herein. (c) Additional residential development standards. The following standards and require- ments shall apply to that area defined in preceding subsection (b): (1) Side wall planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, on two-story and three-story residences, the following standards shall apply to new two-story and three-story single-family and two-family dwellings; to Supp. No. 46 1565 § 24-172 ATLANTIC BEACH CODE renovations involving structural alterations or additions to the sides of existing single-family and two-family dwellings, and where a second or third -story is added to an existing single-family and two-family dwelling. a. Second and third -story exterior side walls, which exceed thirty-five (35) feet in length, shall provide horizontal offsets of at least four (4) feet, or architectural details, design elements or other features, which serve to break-up the appearance of the side wall, such that adjacent properties are not faced on the side by blank two-story or three-story walls void of any architectural design other than siding material or windows. b. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these projections shall not extend more than twenty-four (24) inches into the required side yard, and that a minimum separation of ten (10) feet is maintained between such extensions into the required side yard and any other existing adjacent residential buildings. Figure 14 Side Wall Illustration Supp. No. 46 1566 • • LAND DEVELOPMENT REGULATIONS § 24-172 PRO1RUSIOL1 Figure 15 Second Story Projection (2) Height to wall plate. The maximum height to the top horizontal framing member of a wall from the first -floor finished floor elevation shall not exceed twenty-two (22) feet. (3) Third floor footprint. The interior area of any third -floor area shall not exceed fifty (50) percent of the size of the second floor interior footprint. (4) Shade trees. In order to sustain the existing tree canopy and to provide shade along the residential streets and sidewalks, one (1) shade tree shall be provided within the required front yard and an additional shade tree shall be required on the lot in a location at the property owner's discretion in accordance with the following provisions: a. The trees required in this section may be used to satisfy all or a portion of the requirements of section 23-30(1). All other requirements of chapter 23 shall be applicable. b. Such required trees shall be installed prior to issuance of a certificate of occupancy or prior to final inspections, as applicable. c. Required shade trees shall have a minimum size of four -inch caliper at the time of installation. A list of recommended tree species is available from the city. d. Credit shall be provided for the following, and an additional front yard shade tree shall not be required: 1. Where healthy canopy trees exist in the required front yard, which are listed on the recommended tree list and are at least four -inch caliper; or Supp. No. 46 1567 § 24-172 ATLANTIC BEACH CODE 2. Where an oak tree exists in the required front yard, which is at least six (6) feet tall; or 3. Where a healthy street tree exists in the adjacent right-of-way, which is listed on the city's recommended tree list and is at least four -inch caliper. e. Similarly, credit shall be given for the second required shade tree where such tree, as described above, exists elsewhere on the lot. f. Where installation of a front yard shade tree is required, such tree shall not be planted within rights-of-way or over underground utilities. (d) Special treatment of lawfully existing single-family and two-family dwellings, which would otherwise be made nonconforming by enactment of this section, establishing these residential development standards. Any lawfully existing single-family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential development standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a vested development, and any such single-family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development, and shall not be considered as a nonconforming structure with respect to the regulations contained within this section. (1) It is the intent of this section to clarify when these residential development standards shall apply in the case of reconstruction or redevelopment following: a. A natural event such as a hurricane, wind, flood or fire; or b. Redevelopment initiated by a property owner or authorized agent for a property owner. (2) The following provisions shall apply only to those improvements, which would otherwise be nonconforming as a result of the requirements of this section. a. Structures damaged or destroyed by natural events or by any means not resulting from the actions of the property owner. Any lawfully existing single- family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential develop- ment standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a vested development, and any such single-family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development. Furthermore, any such existing single-family or two-family dwelling, shall not be considered as a nonconforming structure with respect to the regulations contained in this section. Any such single family or two-family dwelling may be fully replaceable in its footprint and of the same size and architectural design existing prior to the natural event or other means not resulting from the actions of the property owner, subject to all applicable building codes and other land development regulations controlling development and redevelopment of such lots or parcels. Supp. No. 46 1568 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-173 Any construction that exceeds said footprint size or architectural design shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. b. Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Said vested single-family or two-family dwellings, which are rebuilt or renovated, or expanded by more than twenty-five (25) percent in floor area, shall be subject to applicable provisions of these residential development standards for that portion of the structure that is rebuilt, renovated or expanded. (3) The provisions of section 24-85 shall otherwise apply to non -vested nonconforming lots, uses and structures. (e) Requests to vary from the provisions of the residential development standards. Recognizing that there may be alternative means by which to achieve the purpose and intent of this section, an applicant may request a variance to provisions of this section in accordance with the procedures as set forth within section 24-64 of this chapter, except that the following shall be considered as grounds to approve such requests. [Subsections (c) and (d) of section 24-64 shall not be applicable to such requests.] Requests to vary from the provisions of the residential development standards may be granted, at the discretion of the community development board, upon finding that: a. The proposed development will not result in excessive height, mass or bulk that will excessively dominate the established development pattern within the neighborhood or excessively restricts light, air, breezes or privacy on adjacent properties. b. The proposed development will be compatible and consistent with the diversity of architectural styles and building forms found in Old Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-173. Neighborhood preservation and property maintenance standards. (a) Purpose and intent. The City of Atlantic Beach is composed predominantly of older residential subdivisions and neighborhood scale commercial businesses serving these neighborhoods. It is in the public interest of the city to foster diverse and stable neighborhoods and to implement strategies in support of related objectives and policies as expressed within the city's adopted comprehensive plan. The purpose and intent of these regulations is to provide minimum standards for the acceptable conditions of properties and structures within the city and to assist in the implementation of the International Property Maintenance Code, which is adopted as article VIII within chapter 6 of this Municipal Code of Ordinances. Supp. No. 46 1569 § 24-173 ATLANTIC BEACH CODE (b) Appropriate maintenance and upkeep. All areas of a lot and structures that are visible from a street or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the following characteristics: (1) Lots are maintained free of litter, trash, debris, discarded belongings, automotive parts and old tires, construction materials, and broken and abandoned items. (2) Dead shrubbery or landscaping is removed from lots, and where a resident is unable to maintain a lawn or landscaping, dirt or sand areas are contained in some manner so as to prevent dirt or sand from blowing or washing on to adjacent properties, the street or the city's stormwater system. (3) Broken or missing glass in windows or doors is replaced with glass, and where windows or doors are visible from the street, these are not covered with wood, fiberglass, metal, cardboard, newspaper or other similar materials, except for a temporary time period as needed to make proper repairs or to protect windows from wind-borne debris during a storm. (4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken and are securely attached as intended. (5) Household items of any type that are customarily intended to be used and maintained within the interior of a residence are not stored or discarded in any location on a lot that is visible from a street. Similarly, within the rear or side yards of a lot, such items are not stored in a manner or amount such that an unsightly nuisance to neighboring properties or an environment that attracts rodents, insects, or other animals and pests is created. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-174. Boats and watercraft. These provisions shall apply to all waters over which the city has jurisdictional authority and shall not be construed to apply to waters under the sovereign control of the State of Florida, except as similarly addressed in state law. (a) Intent. The purpose and intent of this section is stated as follows: (1) To protect water quality and environmentally sensitive areas within and adjacent to the City of Atlantic Beach; (2) To protect vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes; (3) To protect the rights of the public to use waterways for navigation and recreation including the temporary or overnight anchoring of boats; and (4) To prohibit the permanent mooring and storage of privately owned watercraft within tributaries and deepwater channels adjoining the Intracoastal Waterway in that such activity has the potential to create obstacles to safe navigation and Supp. No, 46 1570 • • • • • LAND DEVELOPMENT REGULATIONS § 24-175 to interfere with rights of navigation and recreational use and also to create hazards to persons and property where such watercraft may not be attended or secured during storm or hurricane events. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any watercraft or dock any sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for any person to operate, dock, moor or anchor any watercraft in a manner that causes damage or adverse impacts to any marine or water resource, wildlife habitat or other environmentally sensitive areas as defined within this chapter and as set forth within the conservation and coastal management element of the comprehensive plan. (d) Public docks and anchoring and mooring restrictions. (1) Within the waters of Tideviews Preserve and Dutton Island Preserve docking or anchoring shall be restricted to nonmotorized boats and watercraft or to those equipped only with electric trolling motors. (2) Within the waters of the River Branch Preserve, no watercraft or floating structure shall be permanently anchored or moored, or tethered to the shore in any manner, it being the express intent of the city that these natural resources of the city be held in the public trust and not used for permanent mooring or storage of privately owned watercraft. Nontrailered watercraft that are observed and documented to be within the waters of the River Branch Preserve for periods of longer than one (1) week, or for which the registered owner can provide no proof of where the watercraft is elsewhere kept, shall be presumed to be permanently kept in the preserve and shall be in violation of this Code and subject to established code enforcement action or other remedies available under applicable law. (3) No permanent mooring device shall be placed within any waters east of the right-of-way of the Intracoastal Waterway as delineated by the United States Army Corps of Engineers or within any of it connected creeks or tributaries. (e) Live -aboard vessels prohibited. Live -aboard vessels shall be prohibited within all waters under the jurisdictional authority of the City of Atlantic Beach. (f) Private property rights. These provisions shall not be construed or enforced to diminish any lawfully established riparian rights or rights of navigation, access or view entitled to private property owners. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-175. Mayport business overlay district. (a) Purpose and intent. The purpose and intent of the Mayport business overlay district is to encourage economic development by providing for a mix of uses in the commercial and light industrial zone properties located within the Mayport business overlay district. Supp. No. 46 1571 § 24-175 ATLANTIC BEACH CODE (b) Applicability. (1) The Mayport business overlay district provisions set forth within this section shall apply to all use, development and redevelopment of certain commercial limited ("CL"), commercial general ("CG") and light industrial and warehouse ("LIW") zoned properties located within the boundaries of the Mayport business overlay district, and more particularly shown on Figure 16 and described follows: Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on the south; Main Street, including the southerly extension to Atlantic Boulevard and North Main Street on the West; Dutton Island Road West between North Main Street and Mayport Road on the north; and Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east, including those properties with frontage on Mayport Road on the east side of Mayport Road and north of North Forrestal Circle. (2) In the event lots or parcels are designated TM within the Mayport business overlay district, the TM provisions set forth in section 24-116 shall apply to all use, development, and redevelopment of such lots and parcels. Supp. No. 46 1572 • • • • • triftTGoi OR RARROOE DT oyroo LAND DEVELOPMENT REGULATIONS § 24-175 • DitTrORR11, "- pt COS RD OR 41 o -:"" • .71., W fiALJEft 3{tc - . - - • .• • - .Ra., .801011 11E0Fixtrt • _ - . - MALO ETR • • e7R 1,111RP Arlan. RA RP Af LINT wr'gr Rp rutf_XIT MEP MUSIC • 0 125 025 5 a Mes 0.5 i4v4kt-plb Figure 16 Mayport Business Overlay District (c) Permitted uses. The permitted uses on properties zoned CL, CG, and LIW which are included within the Mayport business overlay district shall include those uses enumerated in the property's respective zoning district or districts, as well as any of the following uses: (1) Service establishments where a service is provided on-site, such as restaurants, banks or financial institutions, barbers or beauty shops, tailors or dress makers, gyms, printers, fine arts schools, on-site repairmen, minor automotive repair, and child care facilities. Supp. No. 46 1573 § 24-175 ATLANTIC BEACH CODE (2) Retail sales of foods, clothing, jewelry, toys, books, flowers, art, home furnishings, home appliances, automotive parts, plants, beer and wine only for off -premises consumption. (3) Professional and business offices such as doctors, attorneys, architects, and real estate brokers. (4) On -premises consumption of beer and wine in conjunction with a restaurant, where at least fifty-one (51) percent of sales are from food and non-alcoholic beverages. (5) Other than breweries or distilleries, wholesale operations in conjunction with on -premises retail sales, where at least fifty-one (51) percent of sales are from on -premises retail sales. (6) Craftsmen and artist operations in conjunction with on -premises retail and service establishments, such as furniture repair with woodworking, artists' studios with retail sales, surfboard repair with surfboard production, metal welding with decorative iron works and tap room with brewery or distillery, provided the gross enclosed square footage does not exceed two thousand five hundred (2,500) and that all such operations take place within enclosed buildings. (7) Contractors where work is performed off-site, such as plumbing, electrical, heating and air conditioning, lawn care, and pest control. (8) Hotels, motels, resorts, and short-term rentals as defined in section 24-17. (9) Non -amplified live entertainment performed within an enclosed building, not including adult entertainment establishments as defined by ES. § 847.001(2). (10) Civic centers such as libraries, museums, and cultural centers. (11) Religious institutions in accordance with section 24-153. (12) Mixed use projects combining the uses above, and/or those permitted by right by the zoning district as applicable. In the event of a conflict between the uses authorized by a respective zoning district and in this subsection, the least restrictive regulation shall be applicable. (d) Uses -by -exception. The use -by -exception uses on properties zoned CL, CG, and LIW which are included within the Mayport business overlay district shall include those uses enumerated as uses -by -exception in the property's respective zoning district or districts, as well as any of the following uses: (1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the overnight boarding of animals. (2) Hospitals. (3) On -premises consumption of alcoholic beverages, other than restaurants with on -premises consumption and tap rooms as described in section 24-175(c)(4) and (6) respectively. Supp. No. 46 1574 • • • • • LAND DEVELOPMENT REGULATIONS § 24-175 (4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or other fuels intended for use in motors. (5) Sale of new and used automobiles, motorcycles, boats, and street legal electric vehicles, and automotive leasing establishments. (6) Drive-through facilities including those in association with restaurants, banks, retail establishments, pharmacies and ice vending machines. (7) Mixed use projects combining the uses above, as approved, and/or those in subsection (c) above as well as those permitted by right or use -by -exception by the zoning district as applicable. (8) Craftsmen and artist operations in conjunction with on -premises retail and service establishments, such as furniture repair with woodworking, artists' studios with retail sales, surfboard repair with surfboard production, metal welding with decorative iron works and tap room with brewery or distillery, provided that all such operations take place within enclosed buildings, if the gross enclosed square footage exceeds two thousand five hundred (2,500). In the event of a conflict between the uses authorized by a respective zoning district and in this subsection, the least restrictive regulation shall be applicable. (e) Commercial vehicle regulations. Commercial vehicles parked on CL, CG, or LIW properties with a local business tax receipt and which are included within the Mayport business overlay district are permitted, provided that they are parked within the confines of a property on a stabilized surface such as asphalt, concrete, or pavers and are properly registered. Commercial vehicles shall include all cars, trucks, vans, trailers and other vehicles authorized to operate on public streets. (f) Outside storage regulations. The following provisions regarding fencing and landscap- ing shall be applicable to the use, development, and redevelopment of CL, CG, or LIW zoned properties which are included within the Mayport business overlay district, in addition to other fencing and landscaping regulations contained within the city's Code of Ordinances; provided, however, that, in the event of a conflict between the express provisions below and any other fencing or landscaping regulations, the express provisions below shall apply. For property with a local business tax receipt where outside storage of equipment, trailers, materials, products not intended for immediate sale as permitted elsewhere in the Code, or other similar items occurs in side and rear yards (only other than properly registered, as applicable, commercial vehicles in accordance with subsection (e) above): All such outside storage shall be screened from view with fencing and landscaping so that no significant portion is visible from the street or adjoining properties in accordance with the following provisions. (1) Fencing shall be made of wood, vinyl, or masonry, except that exposed plain concrete block shall not be permitted (2) Fencing shall be at least eighty-five (85) percent opaque. Supp. No. 46 1575 § 24-175 ATLANTIC BEACH CODE (3) Fencing height and location shall be as follows: a. Six (6) feet tall in any side yard adjoining a street and located at least ten (10) feet from the property line. b. Six (6) feet tall in side yards not adjoining a street and rear yards, except where permitted to be taller by this chapter, and located on the property line. (4) Landscaping with proper irrigation shall be required in the area between property lines and fencing in side yards which adjoin a street on corner lots as follows: a. A continuous line of shrubs no taller than three (3) feet, provided clear sightlines exist at intersections and driveways in accordance with chapter 19; and b. At least one (1) tree found in the City of Atlantic Beach recommended tree list in chapter 23 of the Code of Ordinances for every twenty-five (25) linear feet of street frontage excluding driveways. The trees may be clustered, but shall be no more than fifty (50) feet apart. Fifty (50) percent of all trees shall be shade trees. Palms may be substituted for the required trees at a ratio of two (2) palms for each required tree or four (4) palms for each required shade tree. (5) All fencing and landscaping improvements on corner lots shall meet the sight -line provisions contained in chapter 19, as may be amended, of the city's Code of Ordinances. (g) Effect of other Code provisions. Except as expressly modified by the provisions of this section, all other provisions of sections 24-110, 24-111 and 24-112, as may be amended, of the city's Code of Ordinances, as well as other applicable provisions in the city's Code of Ordinances, shall remain valid and in full force and effect as to the use, development and redevelopment of all CL, CG, and LIW zoned properties within the Mayport business overlay district. (Ord. No. 90-17-228, 10-9-17; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) DIVISION 8. LANDSCAPING Sec. 24-176. Applicability, requirements, buffer design standards, maintenance, protection, visibility, and exceptions. (a) Intent. It is the intent of these regulations to promote the health, safety and welfare of the current and future residents of the City of Atlantic Beach by establishing minimum standards for the conservation of water, the protection of natural plant communities, the installation and continued maintenance of landscaping, and the protection of trees within the City of Atlantic Beach. (b) Applicability. The provisions of this section shall apply to all new nonresidential 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 Supp. No. 46 1576 • • • LAND DEVELOPMENT REGULATIONS § 24-176 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 within a two-year time frame as well as when any cumulative expansions total more than twenty-five (25) percent within a two-year time frame. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the International Code Council. Additional landscaping and buffer standards, as set forth in section 24-171, are required for those lands within the commercial corridors. (c) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multi -family development, a landscape plan shall be approved by the planning and community development director. A landscape plan shall be submitted with site plans applications as required by all other provisions in this chapter. 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; 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. Supp. No. 46 1577 § 24-176 ATLANTIC BEACH CODE h. A tree protection plan, in accordance with chapter 23, Protection of trees and native vegetation. (d) Vehicular use area interior landscaping requirements. (1) Vehicular use areas in all non-residential and multi -family zoning districts except CBD and TM. Ten (10) percent of vehicular use areas (VUAs) used for off-street parking, employee parking, gas stations, service drives, and access drives shall be landscaped. (2) Vehicular use areas in zoning districts CBD and TM. Vehicular use areas (VUAs) used for off-street parking, employee parking, gas stations, service drives shall be landscaped zero (0) percent. (3) 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. (4) Criteria for distribution. Landscape areas shall be distributed throughout the VUA 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 of the VUA. (5) 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. The use of depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the landscaped area. (e) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA that are not entirely screened by an interven- ing 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. Landscape area. i. A landscape area of seven (7) feet in width shall abut the street right-of-way except for driveways. Supp. No. 46 1578 • • • LAND DEVELOPMENT REGULATIONS § 24-176 Non-residential developments within the CBD and TM zoning districts shall provide a minimum five -foot -wide -strip of landscape area along the VUA street frontage. This landscape area shall be provided along the street right-of-way except for driveways. CBD and TM Zoning Vehicular Use Area Landscaping 5 ftz x Frontage Length = XXX ftZ r I P I I ,; 1 t 'L I I (Frontage Length) 1 I 1, it lit , 5 min. 1 1 NOT TO SCALE Figure 17 Vehicular Use Area Landscaping 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. Supp. No. 46 1579 § 24-176 ATLANTIC BEACH CODE c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for each twenty-five (25) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered but shall be no more than fifty (50) 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. 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 between incompatible land uses as required by section 24-167, if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (f) 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 perimeter 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. (g) Driveways to adjoining lots. Driveways may be permitted by the planning and community development director to adjoining lots of compatible use. Supp. No. 46 1580 • • • • LAND DEVELOPMENT REGULATIONS § 24-176 (h) 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. (i) 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 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 development when adjacent to lands zoned for single-family dwelling. 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 dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. (2) 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. Supp. No. 46 1581 § 24-176 ATLANTIC BEACH CODE Hardship. If the planning and community development director determines that the construction of a landscape buffer area required by this section shall create an unreasonable 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. (3) The required buffer strip shall not contain principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. (4) If any conflict exists between the provisions of 24-167 and this subsection, the more restrictive shall apply. (j) Landscape design standards. (1) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (2) Standards for landscape materials. a. A minimum of fifty (50) percent of all required trees shall be shade trees. b. Plants and trees shall meet the criteria of chapter 23, section 23-17(e)(2)a. c. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of fifteen (15) feet. d. 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. e. 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. f. 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 [ofi grown material or equivalent balled and burlap material. 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 achieved. h. 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. Supp. No. 46 1582 • • • • LAND DEVELOPMENT REGULATIONS § 24-176 (k) 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, irreparably 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. Irrigation systems shall include moisture or rain sensors. (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. (1) 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. (m) Special administrative remedies. (a) For lots with a depth of one hundred fifty (150) feet or less, or an area of fifteen thousand (15,000) square feet or less, the following requirements shall apply: 1. An automatic fifty (50) percent reduction in landscape yard depth requirements for screening, perimeter landscaping depth requirements, and interior landscap- ing areas; and 2. A twenty-five (25) percent reduction in all planting requirements except for the required evergreen plantings for screening. (b) In situations other than section (a) above, where compliance with the landscape requirements would require: the demolition of an existing building; a loss of more than ten (10) percent of the gross required off-street parking for an existing development; or of a loss greater than fifteen (15) percent of the lot area for development, the following administrative remedies may be applied by the planning and community development director: 1. Reduce the required minimum landscaped area widths up to fifty (50) percent. 2. Reduce the tree planting requirements by up to twenty-five (25) percent. 3. If the planning and community development director considers a reduction pursuant to this subsection (b), then the planning and community development Supp. No. 46 1583 § 24-176 ATLANTIC BEACH CODE director's first priority shall be to require trees along the street frontage and the second priority shall be to require trees within portions of the vehicle use area that are highly visible from any street. In all cases, a buffer shall always be provided if it is required by division 8. If the landscape area is less than five (5) feet in width, a minimum six -foot -tall wood or composite fence or masonry wall shall be required. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-15-111, § 1, 11-9-15; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-177. Florida -friendly landscaping and landscape irrigation. The Florida Legislature finds that the use of Florida -friendly landscaping and other water conservation and pollution prevention measures intended to conserve or protect the state's water resources serve a compelling public interest and that the participation of homeowners' associations and local governments is essential to the state's efforts in water conservation and water quality protection and restoration, and that Florida -friendly landscaping designs offer significant potential for water conservation benefits. It is the intent of the Florida Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria by requiring local governments to implement regulations to that end. (Ord. No. 90-10-213, § 1(Exh. A), 10-25-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-178. General provisions. Definitions are included in the definitions section and are to be used in addition to and in conjunction with chapter 23, protection of trees and native vegetation, of [the] city Code. (a) Applicability. Where an automatic irrigation system is required by this Code or installed at the option of the property owner, the provisions of this section shall apply to the following. (The term lot(s) and parcel(s) may be used interchangeably.) (1) Previously undeveloped lots and the common landscaped areas of new subdivi- sions; or (2) Where new irrigation systems are installed on previously developed lots; or (3) When more than fifty (50) percent of the irrigation system on a lot is replaced. Fifty (50) percent shall be construed to mean more than half the length of lateral irrigation lines or more than half of the emitters. Except as set forth above, these provisions shall not be construed to require changes to permitted or properly installed existing irrigation systems or to landscaping existing as of October 25, 2010. These provisions shall also not apply to bona fide agricultural, greenhouse or nursery activities or to golf courses or athletic fields. (b) Appropriate plant selection, location and arrangement. (1) Plant selection. Plants used for Florida -friendly lawns and landscaping should be based upon the plant's compatibility with existing conditions of the site Supp. No. 46 1584 • • • • LAND DEVELOPMENT REGULATIONS § 24-178 including soil type, moisture and light conditions and size at maturity. Consideration should be given to drought and freeze tolerance plants, and where site conditions are suitable, preference in trees should be given to native vegetation and hardwoods that create shade. Appropriate plants are described within the Florida -friendly plant list published by the University of Florida, Extension Institute of Food and Agricultural Sciences (IFAS) or as may be found in other qualified sources of horticultural information. (2) Location and arrangement. A key component to saving water and promoting plant health is to group plants in hydrozones according to their water needs. Factors such as soil, climate, sunlight and salt tolerance should also guide the grouping and selection of plants. Low, moderate and high water use hydrozones are described by the following characteristics: a. Low water use hydrozones contain plants that rarely require supplemental watering and that are drought tolerant during extreme dry periods such as native shrubs and vegetation, established trees and ground covers and wooded areas. b. Moderate water use hydrozones contain plants that once established require irrigation every two (2) to three (3) weeks in the absence of rainfall or when they show visible stress such as wilted foliage or pale color. These are typically perennials, seasonal plants and flower beds. c. High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year. These areas include turf and lawn grasses and are typically characterized as high visibility focal points of a landscaping design where high volume irrigation is used. (3) Turf and lawn grasses. Irrigated grass and turf areas shall be considered as high water use hydrozones, and shall be located so that they can be watered using separate irrigation zones. These areas should be consolidated to locations where the functional need calls for lawn and where site conditions are conducive to the health and maintenance of grasses rather than considered as just a fill-in area. For example, despite all efforts, lawn grasses will rarely grow to be healthy and lush under the heavy shade of a dense tree canopy which is emblematic of Atlantic Beach, while ferns, certain ground covers and low - growing native plants flourish with little attention. (4) Irrigation system design. Automatic irrigation systems shall be designed to meet the requirements of Appendix F of the Florida Plumbing Code, as adopted by chapter 6, article IV of city Code and also the requirements of section 22-39 of city Code. The following shall also be incorporated into the automatic irrigation system design: a. High water use hydrozones shall be located on a separate irrigation zone. Supp. No. 46 1585 § 24-178 ATLANTIC BEACH CODE b. High volume irrigation is limited to sixty (60) percent of the total landscaped area of the lot. For lawns and turf areas that exceed sixty (60) percent of the total landscaped area of the lot, low volume irrigation may be used as needed. c. At least one (1) moisture sensor shall be located in each irrigation zone. d. Emitters shall be sized and spaced to avoid excessive overspray on to impervious surfaces. (c) Hydrozone plans. Where an automatic irrigation system is installed and an irrigation system permit is required, a hydrozone plan shall be submitted in accordance with the following. Hydrozone plans can be prepared by a properly licensed and qualified contractor or by the property owner. (1) For new single-family or two-family dwellings, or for previously developed lots installing a new or modified irrigation system per preceding paragraph (a)(3), the hydrozone plan may be depicted on a survey or on a site plan prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of particular low, moderate and high water use areas on the plan with the percentage of the landscaped area using high volume irrigation indicated. Recognizing that homeowners often install their own irrigation systems, a survey accurate hydrozone plan shall not be required in such cases, but the hydrozone plan should generally depict all hydrozones, as described in preced- ing paragraph (b)(2). At a minimum, high water use areas using high volume irrigation must be on a separate irrigation zone. (2) All other development, except as described by the preceding paragraph, shall provide a landscape plan as required by section 24-177. Hydrozone details may be shown on the landscape plan or on a separate sheet drawn at the same scale as the landscape plan. In addition to the landscape plan requirements of section 24-177, the hydrozone plan shall delineate landscape areas, major landscape features, and plant selections and low, medium and high water hydrozones consistent with preceding paragraph (b). (3) Prior to receiving final landscape plan approval, final inspection or certificate of occupancy as may be applicable, written verification must be provided by a properly licensed qualified contractor, or the property owner, verifying that all irrigated areas are consistent with this section. (Ord. No. 90-10-213, § 1(Exh. A), 10-25-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-179. Florida -friendly use of fertilizer on urban landscapes. (a) Findings. As a result of impairment to the City of Atlantic Beach's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface water within the boundaries of the City of Atlantic Beach, the governing body of the City of Atlantic Beach has determined that the use of fertilizers on lands within the City of Atlantic Supp. No. 46 1586 • LAND DEVELOPMENT REGULATIONS § 24-179 Beach creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the city commission of the City of Atlantic Beach finds that management measures contained in the most recent edition of the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," may be required by this section. (b) Purpose and intent. This section regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The section requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Atlantic Beach's natural and constructed stormwater conveyances, rivers, creeks, ponds, and other water bodies. Col- lectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of the City of Atlantic Beach residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. (c) Applicability. This section shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of the City of Atlantic Beach, unless such applicator is specifically exempted by the terms of this section from the regulatory provisions of this section. This section does not restrict any homeowner or residents from applying fertilizers on their landscape as they deem necessary, but they are strongly recommended to follow the guidelines included herein. This section shall be prospective only, and shall not impair any existing contracts. (d) Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils. (e) Fertilizer free zones. Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, FAC) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of three (3) feet shall be maintained. If more stringent City of Atlantic Beach Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a sixty-day period beginning thirty (30) days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. Supp. No. 46 1587 § 24-179 ATLANTIC BEACH CODE (f) Low maintenance zones. A voluntary ten -foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City of Atlantic Beach Code regulations apply, this provision does not relieve the require- ment to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. (g) Fertilizer content and application rates. (1) Fertilizers applied to turf within the City of Atlantic Beach shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), FAC, Labeling Requirements for Urban Turf Fertilizers. (2) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro -seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the stormwater pollution prevention plan for that site. (3) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in [subsection] (1) above for turf or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. (h) Application practices. (1) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all streets, driveways and other impervious surfaces, fertilizer -free zones and water bodies, including wetlands. (2) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. (3) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (4) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site or returned to the original or other appropriate container. (5) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Supp. No. 46 1588 • • • LAND DEVELOPMENT REGULATIONS § 24-179 (i) Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally deposited shall be immediately removed to the maximum extent practicable. (j) Exemptions. The provisions set forth above in this section shall not apply to: (1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14; (2) Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; and (3) Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. (k) Training. (1) All commercial and institutional applicators of fertilizer within the City of Atlantic Beach, shall abide by and successfully complete the six -hour training program in the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protec- tion through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. (2) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. (1) Licensing of commercial applicators. (1) Prior to 1 January 2014, all commercial applicators of fertilizer within the city limits of Atlantic Beach, shall abide by and successfully complete training and continuing education requirements in the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries," offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -Friendly Landscapes" program, or an approved equivalent program, prior to obtaining a City of Atlantic Beach local business tax certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Com- mercial fertilizer applicators shall provide proof of completion of the program to the City of Atlantic Beach City Clerk's office within one hundred eighty (180) days of the effective date of this section. (2) After 31 December, 2013, all commercial applicators of fertilizer within the incorporated area of the City of Atlantic Beach, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a commercial fertilizer applicator per 5E-14.117(18) F.A.C. Supp. No. 46 1589 § 24-179 ATLANTIC BEACH CODE (3) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one (1) employee has a "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a local business tax certificate. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the City of Atlantic Beach Public Works Director. (Ord. No. 90-13-220, § 1, 1-13-14; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-180-24-185. Reserved. ARTICLE IV. SUBDIVISION AND SITE IMPROVEMENT REGULATIONS DIVISION 1. GENERALLY Sec. 24-186. Purpose and intent. As of the March 8, 2010, effective date of this amendment to the land development regulations all areas of the city suitable for development have been previously platted. As such, the primary purpose of this article is to provide procedures for changes to previously recorded subdivisions (replats) and conditions for the division of existing lots, and to establish development standards and requirements for new development or redevelopment within the city. The provisions set forth within this article shall be construed as the design and development standards for all new development and redevelopment within the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 changes to previously recorded plats, replats 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, driveways, 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 improve- ment as may be required by the city commission or these land development regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1590 • • • • • LAND DEVELOPMENT REGULATIONS § 24-189 Sec. 24-188. Requirements for approval and recording of a final subdivision plat or a replat. (a) No building pei 'nits 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 a lot or tract boundary line, 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 administrator 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. Two -unit 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1591 § 24-190 ATLANTIC BEACH CODE Sec. 24-190. Waiver for subdivisions. (a) General. Where the city commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this article for subdivisions only, the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. (b) Conditions of waiver for subdivisions. 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 comprehensive 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-191. 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 F.S. § 177.101. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-192-24-200. 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. 46 1592 • • • • • LAND DEVELOPMENT REGULATIONS § 24-201 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) Applicability. The procedures of this division 2 apply to new plats, replats or any change to a previously recorded subdivision plat. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-202. Review and approval procedure. The requirements of each of the following reviews shall be met prior to the recording or re -cording of a final subdivision or an amended plat and prior to the issuance of any building permit within lands encompassed by the plat. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-203. Review of proposed plat or changes to a previously recorded plat. (a) A proposed plat shall be drawn at a clear and legible scale and shall be prepared in accordance with the requirements of F.S. § 177.091, and shall further demonstrate compliance with this article and applicable requirements of these land development regulations. The following information shall be depicted upon proposed new plats and as required by the city for changes to previously recorded plats in accordance with the type of change requested: (1) The final plat must be: (a) An original drawing made with black permanent drawing ink; or (b) A nonadhered scaled print on a stable base film made by photographic processes from a film scribing tested for residual hypo testing solution to assure permanency. (c) Marginal lines, standard certificates and approval forms shall be printed on the plat with permanent black drawing ink. A print or photographic copy of the original drawing must be submitted with the original drawing. (2) The size of each sheet of a proposed plat shall be determined by the planning and community development director and shall be drawn with a marginal line or printed when permitted by Local ordinance, completely around each sheet and placed so as to leave at least a one -half-inch margin on each of three (3) sides and a three-inch margin on the left side of the plat for binding purposes. (3) When more than one (1) sheet must be used to accurately portray the lands subdivided, an index or key map must be included and each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to show where other sheets match or adjoin. Supp. No. 46 1593 § 24-201 ATLANTIC BEACH CODE (4) In all cases, the letter size and scale used shall be of sufficient size to show all detail. The scale shall be both stated and graphically illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided. (5) The name of the plat shall be shown in bold legible letters, as stated in F.S. § 177.051. The name of the subdivision shall be shown on each sheet included. The name of the professional surveyor and mapper or legal entity, along with the street and mailing address, must be shown on each sheet included. (6) A prominent "north arrow" shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend, and, in all cases, the bearings used shall be referenced to some well-established and monumented line. (7) Permanent reference monuments must be placed at each corner or change in direction on the boundary of the lands being platted and may not be more than one thousand four hundred (1,400) feet apart. Where such corners are in an inaccessible place, "P.R.M.s" shall be set on a nearby offset within the boundary of the plat and such offset shall be so noted on the plat. Where corners are found to coincide with a previously set "P.R.M.," the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity on the previously set "P.R.M." shall be shown on the new plat or, if unnumbered, shall so state. Permanent reference monuments shall be set before the recording of the plat. The "P.R.M.s" shall be shown on the plat by an appropriate symbol or designation. (8) Permanent control points shall be set on the centerline of the right-of-way at the intersection and terminus of all streets, at each change of direction, and no more than one thousand (1,000) feet apart. Such "P.C.P.s" shall be shown on the plat by an appropriate symbol or designation. In instances where no subdivision improvements must be constructed in accordance with the city approval of a plat or replat, "P.C.P.s" may be set prior to the recording of the plat and must be set within one (1) year of the date the plat was recorded. In subdivision improvements must be constructed and a bond or surety insuring the construction of said improvements, is required, "P.C.P.s" must be set prior to the expiration of the bond or other surety. If the professional surveyor and mapper or legal entity of record is no longer in practice or is not available due to relocation, or when the contractual relationship between the subdivider and professional surveyor and mapper or legal entity has been terminated, the subdivider shall contract with a professional surveyor and mapper or legal entity in good standing to place the "P.C.P.s" within the time allotted. (9) Monuments shall be set at all lot corners, points of intersection, and changes of direction of lines within the subdivision which do not require a "P.R.M." or a "P.C.P."; however, a monument need not be set if a monument already exists at such corner, point, or change of direction or when a monument cannot be set due to a physical obstruction. If no subdivision improvements are required, monuments may be set Supp. No. 46 1594 • • • • LAND DEVELOPMENT REGULATIONS § 24-201 prior to the recording of the plat and must be set at the lot corners before the transfer of any lot. If subdivision improvements are required, and the city requires a bond or other surety, monuments shall be set prior to the expiration of the bond or other surety. If the professional surveyor and mapper or legal entity of record is no longer in practice or is not available due to relocation, or when the contractual relationship between the subdivider and professional surveyor and mapper or legal entity has been terminated, the subdivider shall contract with a professional surveyor and mapper or legal entity in good standing who shall be allowed to place the monuments within the time allotted. (10) The section, township, and range shall appear immediately under the name of the plat on each sheet included, along with the name of the city, town, village, county, and state in which the land being platted is situated. (11) Each plat shall show a description of the lands subdivided, and the description shall be the same in the title certification. The description must be so complete that from it, without reference to the plat, the starting point and boundary can be determined. (12) The dedications and approvals required by F.S. §§ 177.071 and 177.081 and any other dedication required by the city must be shown. (13) The circuit court clerk's certificate and the professional surveyor and mapper's seal and statement required by F.S. § 177.061 shall be shown. (14) All section lines and quarter section lines occurring within the subdivision shall be indicated by lines drawn upon the map or plat, with appropriate words and figures. If the description is by metes and bounds, all information called for, such as the point of commencement, course bearings and distances, and the point of beginning, shall be indicated. If the platted lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. (15) Location, width, and names of all streets, waterways, or other rights-of-way shall be shown, as applicable. (16) Location and width of proposed easements and existing easements identified in the title opinion or certification required by F.S. § 177.041(2) shall be shown on the plat or in the notes or legend, and their intended use shall be clearly stated. Where easements are not coincident with property lines, they must be labeled with bearings and distances and tied to the principal lot, tract, or right-of-way. (17) All contiguous properties shall be identified by subdivision title, plat book, and page, or, if unplatted, land shall be so designated. If the subdivision platted is a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a replat shall be stated as a subtitle under the name of the plat on each sheet included. The subtitle must state the name of the subdivision being replatted and the appropriate recording reference. Supp. No. 46 1595 § 24-201 ATLANTIC BEACH CODE (18) All lots shall be numbered either by progressive numbers or, if in blocks, progres- sively numbered in each block, and the blocks progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions. (19) Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street easement, and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more or less," if variable. Lot, block, street, and all other dimensions except to irregular boundaries, shall be shown to a minimum of hundredths of feet. All measurements shall refer to horizontal plane and in accordance with the definition of the U.S. Survey foot or meter adopted by the National Institute of Standards and Technology. All measure- ments shall use the 39.37/12=3.28083333333 equation for conversion from a U.S. foot to meters. (20) Curvilinear lot lines shall show the radii, arc distances, and central angles. Radial lines will be so designated. Direction of nonradial lines shall be indicated. (21) Sufficient angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, angles, or azimuth shall be shown to the nearest second of arc. (22) The centerlines of all streets shall be shown as follows: noncurved lines: distances together with either angles, bearings, or azimuths; curved lines: arc distances, central angles, and radii, together with chord and chord bearing or azimuths. (23) Park and recreation parcels as applicable shall be so designated. (24) All interior excepted parcels as described in the description of the lands being subdivided shall be clearly indicated and labeled "Not a part of this plat." (25) The purpose of all areas dedicated must be clearly indicated or stated on the plat. (26) When it is not possible to show line or curve data information on the map, a tabular form may be used. The tabular data must appear on the sheet to which it applies. (27) The plat shall include in a prominent place the following statements: "NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county." (28) All platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable Supp. No. 46 1596 • • • LAND DEVELOPMENT REGULATIONS § 24-201 television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commis- sion. (29) A legend of all symbols and abbreviations shall be shown. (30) An opinion of title, demonstrating ownership in the name of the applicant, indicating all encumbrances on the lands to be encompasbed by the plat or replat, and a copy of all recorded documents referenced in the opinion of title. (b) Preliminary engineering drawings. Five (5) copies of preliminary engineering draw- ings shall be submitted for distribution and review by appropriate city departments. Preliminary engineering drawings shall depict the general location of the following: (1) Water system lines and support facilities. (2) Sewer system lines, any lift stations and support facilities. (3) Stormwater and drainage facilities, easements and other such features. (4) Any bulkheads. (5) Street profiles. (6) Sidewalks, bicycle paths and pedestrian paths. (7) Excavation and fill areas including any impacted wetlands. (c) Review process. Upon receipt of a complete and proper application for the proposed plat, copies shall be distributed to appropriate departmentsfor review and comment. Review comments shall be provided to the applicant in writing within fifteen (15) business 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 and Chapter 177, Florida Statutes, the proposed plat shall be placed on the agenda of the next available meeting of the community development board for consideration and recommendation subject to the hearing and notification requirements in section 24-51(i). The planning and community development director shall provide to the community development board all relevant information concerning the proposed plat including any outstanding comments from all reviewing departments, officials or agencies. The community development board shall make a recommendation to the city commission to approve the application, deny the application, or approve the application subject to specified changes based upon the requirements of these land development regulations, the comprehensive plan and other conditions which may be unique to the land encompassed by the proposed plat. Supp. No. 46 1597 § 24-201 ATLANTIC BEACH CODE (d) Time limit. The recommendation of the community development board shall remain valid for twelve (12) months. If the applicant has failed to obtain subdivision plat approval within twelve (12) months re-application in accordance with the provisions of this article shall be required. (e) It shall be unlawful to construct any improvement without approval of a final subdivision plat or replat and issuance of a valid building permit authorizing development. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-204. Proposed final plat review and approval. (a) Purpose and intent. The purpose of the proposed final subdivision plat review is to ensure that the proposed final subdivision plat meets all requirements of Chapter 177, Part I, Florida Statutes, all requirements of these land development regulations and other applicable regulations prior to approval by the city commission and prior to recording. (b) Information required for review. (1) Final subdivision plat review. Copies of the proposed final plat in the number as requested on the application form shall be submitted to the city and shall be prepared in accordance with the design standards and requirements established in these land development regulations and Part I, and Chapter 177, Florida Statutes, as may be amended. (2) The final subdivision plat shall be prepared by a registered land surveyor in accordance with the requirements of F.S. § 177.091 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 proposed 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, arcs and central angles of all curves. The following shall also be included: a. Boundary survey and title certification as required by F.S. § 177.041. b. Name of new subdivisions and replats. As required by F.S. § 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 F.S. § 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 Supp. No. 46 1598 • • • • LAND DEVELOPMENT REGULATIONS § 24-220 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 plat. f. If required, assurance for the performance of construction, completion, maintenance 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 planning and community development director shall, within thirty (30) days, schedule the final subdivision plat for public hearing before the city commission, pursuant to the hearing and notice provisions in section 24-51(j). The planning and community development director shall forward all relevant information to the city commission for its consideration. The city commission, after considering all com- ments 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 sizes 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 plat shall be signed by the mayor and recorded under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the final plat shall be deemed provisional acceptance by the city of 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 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sees. 24-205-24-220. Reserved. Supp. No. 46 1599 § 24-221 ATLANTIC BEACH CODE DIVISION 3. REQUIRED IMPROVEMENTS Sec. 24-221. Generally. All new development and redevelopment, including areas of previously approved subdivi- sions platted but not developed, 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. Where development contains or impacts previously existing streets used to access the development or impacts stormwater and utility facilities that do not meet the requirements of current development standards, the applicant shall be required to improve such substandard facilities contained within or used by the development or redevelopment project to current standards, unless specifically exempted herein. It is the intent of the city that new development shall make improvements to substandard facilities to the extent that the development impacts such facilities. The following services and facilities shall be required improvements: (a) Streets designed and constructed according to the standards and requirements of this article and this chapter. (b) Sidewalks designed and constructed according to the standards and requirements of this article. (c) 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 and this chapter. (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 24-257 of this article. (h) Electric, telephone, gas and other utilities shall be constructed underground and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation. Supp. No. 46 1600 • • • LAND DEVELOPMENT REGULATIONS § 24-232 (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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-222-24-230. Reserved. 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-232. Performance security. (a) The final subdivision plat shall be certified by the developer and countersigned by the administrator 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 administrator, but not more frequently than monthly. A draw from the cash depositor 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 administrator 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 the administrator's 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) days' 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. Supp. No. 46 1601 § 24-232 ATLANTIC BEACH CODE (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 satisfactorily completed and passed inspections by the city. The city, after sixty-day written notice to the developer, shall have the 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 administrator may reduce the dollar amount of the bond on the basis of work satisfactorily completed and passed inspections by the city. 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. (4) Any other form of security must be approved in writing by the city manager in consultation with the city attorney. (b) A developer may extend, renew or substitute collateral described in subsections (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 upon failure of 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 Supp. No. 46 1602 • • LAND DEVELOPMENT REGULATIONS § 24-235 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 improvements, 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 commencement 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-235. Issuance of certificate of completion. (a) 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 and electronic as -built drawings in AutoCAD 2000 (or newer) or comparable format. (4) Certification from a registered engineer, with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans. Supp. No. 46 1603 § 24-235 ATLANTIC BEACH CODE (b) 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Secs. 24-236-24-250. Reserved. DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS FOR ALL DEVELOPMENT AND REDEVELOPMENT 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 standards. Construction plans shall be approved by the city prior to construction of improvements, 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, special planned areas, 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 requirements of these land development regulations, the Florida Building Code and any other applicable state or federal regulations. (a) 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. (b) 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. (c) Soil and flood hazards. Development 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 100 -year flood -prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and/or 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 (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater. Flood protection provisions shall be approved by the administrator 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. Supp. No. 46 1604 • • • • LAND DEVELOPMENT REGULATIONS § 24-252 (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 shall demonstrate compliance with the stormwater management provisions of section 24-68 of these land development regulations depicting all necessary elevations, treatment of intersections, design grade of pavement, the 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 commence- ment of any street construction or any construction of stormwater management facilities. (4) Provision for erosion control. Siltation curtains, or other such erosion control barriers will be required to prevent erosion and displacement of soil or sand, and shall be shown on paving and drainage engineering plans, and shall be inspected and certified by a qualified erosion and sediment control inspector prior to the commencement of any land clearing or development. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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) Be interconnected with the existing street system wherever practical to provide for vehicular connections between neighborhoods. Supp. No. 46 1605 § 24-252 ATLANTIC BEACH CODE (2) 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 this division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city. (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 street system. (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 and roadway improvements 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) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right angles, and no new street shall intersect any other street at less than a sixty -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: Table 5 Minimum Right -of -Way and Paving Widths STREET TYPE Minor Collector Street Supp. No. 46 1606 RIGHT-OF-WAY 1 PAVING WIDTH 60 feet 1 24 feet 1 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-253 STREET TYPE 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 gutter With curb and gutter Alley: Commercial Alley: Residential RIGHT-OF-WAY PAVING WIDTH 60 feet 20 feet 50 feet 24 feet 60 feet* 20 feet* 50 feet* 30 feet 20 feet 20 feet* 12 feet 10 feet *Required for linear portion of cul-de-sacs and loop streets. See following subsection (i) for dimension of turn-arounds. (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. The assignment of addresses shall be determined by the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-253. Driveways. (a) Driveways and access ways shall be constructed in accordance with the requirements of section 19-7 of this Code, and as set forth within this section. (1) Residential driveways shall not create more than fifty (50) percent impervious area within the public right-of-way, and shall be limited to the following widths. (2) Maximum driveway width at the property line and through the right-of-way shall be twenty-two (22) feet, subject to not exceeding fifty (50) percent impervious area in the right-of-way. (3) Maximum driveway aisle width through the right-of-way for circular drives shall be twelve (12) feet subject to subject to not exceeding fifty (50) percent impervious area in the right-of-way and shall only be permitted on lots having at least one hundred -foot frontage. (4) Maximum driveway width at the property line and through the right-of-way for two-family dwellings on a fifty -foot wide lot shall be a combined width for both driveways of twenty-four (24) feet. Supp. No. 46 1607 § 24-253 ATLANTIC BEACH CODE (b) 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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-254. 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. All stormwater and utility easements shall be permanent easements, irrevocable and without reservation, unless any changes are approved by the city. (b) Drainage and watercourses. Where a development is traversed by a watercourse, canal, drainage way, nonnavigable 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 administrator. (d) Pedestrian and service easements. Where necessary for safety and convenience, pedestrian 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. (f) The abandonment or vacation of beach access easements shall be prohibited. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-255. Blocks. (a) General. The lengths, widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate building sites suitable to the special needs of the use contemplated. (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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1608 • • • • • • LAND DEVELOPMENT REGULATIONS § 24-257 Sec. 24-256. 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 less than seventy-five (75) feet at the building restriction line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a planned unit development, special planned area or as part of the development of townhouses. (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 (through) lots. Creation of new residential lots having double street frontage shall be avoided. (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. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-257. 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 within the subdivision. 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, skate park facilities, swimming pools and the like. There is not a payment -in -lieu option for providing this recreation. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1609 § 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. Installation of required erosion and sediment control BMPs must be completed and inspected prior to beginning clearing operations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) 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 shall be in accordance with the requirements of Chapter 64E-8, FAC and septic tanks shall be in accordance with the requirements of Chapter 64E-6, FAC. New septic tanks shall further be subject to the provisions of the following section 24-260. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-260. Installation of septic tanks, private wastewater, and onsite 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 systems and septic tanks, or any type of onsite 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 of Ordinances without respect to size of the lot or parcel. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-261. Reserved. ARTICLE V. ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS DIVISION 1. WELLHEAD PROTECTION Sec. 24-262. Purpose and intent. The intent of these regulations is to protect and safeguard the health, safety and welfare of the residents of the City of Atlantic Beach by establishing wellhead protection measures Sump. No. 46 1610 • • LAND DEVELOPMENT REGULATIONS § 24-264 that safeguard the Floridan aquifer from intrusion of any contaminants that may jeopardize present and future public water supply wells in the City of Atlantic Beach. It is also the intent of the City of Atlantic Beach to augment policies adopted in the comprehensive plan that address the protection of public potable water wells. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-263. Establishing and mapping wellhead protection areas. There is hereby established a wellhead protection area around each public potable water well and/or wellfield. Wellhead protection areas shall be mapped for the edification of the public and to assist the city in. safeguarding the ground water resource. Any new public potable water wells shall have the wellhead protection areas added to the wellhead protection map within thirty (30) days of completion of construction of a new well. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 9019-240, § 3(Exh. A), 7-8-19) 1 `PCiTAIntINATER INE41,5 : . City of 0,11yentis Beech 291.8-2030domprehensiye,Plarri Amerulment:Map Series !obit:de. WatirWelli &aim; Welb Well Buffers . 250 Fir,i1. rpreTF tZI Alto* elieen'eey . 1M1 lyiler*P;10,Aree Figure 18 Potable Water Wells See. 24-264. Inyestigations and monitoring. - - (a) A map shall be developed arid kept uP-to-date; using the city's GIS system, to show the location of any known private Wells Within, the wellhead protection area that are drilled into the Hawthorne or Floridan aquifer The mapping shall include a review of available federal, state and local environmental databases including, but not limited to,databases pertaining to Brownfields Redevelopment Programs, Florida Department of Environmental Protection Site Investigation Section Contaminated Sites List, lists' of commercial -hazardouswaste transporters' facilities, hazardous waste notifications, solid waste facihties, storage tank and petroleum contamination/cleanup records, .U.S. Environmental Protection Agency Supp. No. 46 1611 § 24-264 ATLANTIC BEACH CODE Comprehensive Environmental Response, Compensation and Liability Act and Resource Conservation and Recovery Act remedial action sites. Any sites deemed to be potential contamination risks by the city may be investigated by city staff or their consultants. In conducting the investigation, the city shall, at a minimum, consider the condition of such sites; the status of the site within any applicable U.S. Environmental Protection Agency and/or Florida Department of Environmental Protection regulatory program; and, any existing or planned remediation activities and site management plans. (b) Using the city's and St. Johns River Water Management District's (SJRWMD) water well database, the city shall map private well locations within the wellhead protection areas and shall assess the depth, use, and condition of each identified private well from available records. The city shall identify wells known or likely to penetrate the Hawthorne Group and/or Floridan aquifer within each wellhead protection area. Thereafter, the city shall have authority to conduct an investigation of each well into the Hawthorne Group and Floridan aquifer to determine the condition of the well and its potential as a contaminant pathway into the Floridan aquifer. The investigation may include a request for records of the well construction, regulatory reports, maintenance logs or other documents and data records available from the owner or from regulatory agencies. (c) The city shall have the right to assess to the best of its ability whether any wells are located within, or downgradient in the shallow aquifer gradient from a contaminated site within a wellhead protection area. The city shall determine the condition of the well to prevent the migration of contaminants from non -Floridan aquifers to the Floridan aquifer based on the applicable regulatory standards of design and installation, and proper maintenance practices including but not limited to the following: (1) Proper grout seal outside of the casing; (2) Presence of an approved and certified backflow prevention device if required; (3) Proper sanitary seal on wellhead; (4) Concrete pad around wellhead; (5) Surface water drainage; (6) Well casing integrity; and (7) Properly maintained pumping and distribution systems. (d) It shall be the responsibility of the city to determine that a public potable water well is at risk of contamination. Once this determination has been made, the city may identify the specific contaminants of concern, and report to the St. Johns River Water Management District (SJRWMD) and Florida Department of Environmental Protection (FDEP). (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-265. Prohibitions in wellhead protection areas. Within a five -hundred -foot radius around an existing public potable water well, those actions and uses established by the Florida Department of Environmental Protection in Rule Supp. No. 46 1612 • • • • LAND DEVELOPMENT REGULATIONS § 24-266 62-521.400, FAC, which is adopted by reference, shall be prohibited. Additionally, no existing private wells shall be deepened and no new wells shall be constructed within designated wellhead protection areas that penetrate a portion of the Hawthorne Group or the Floridan aquifer without first obtaining a well construction permit from the City of Jacksonville as provided in environmental protection board Rule 8 and including a review of areas on known contamination at or near the proposed or existing well location. A City of Atlantic Beach well permit from the building department must also be received prior to construction. All new wells within such areas must be fully grouted. Abandonment of existing wells shall be in accordance with applicable SJRWMD requirements and a copy of the pluggingand abandonment report shall be submitted to. the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-266. Requirements within wellhead protection areas. The following requirements apply to all wells which penetrate the Floridan aquifer ("Floridan aquifer Wells"), including private wells, within the boundary of a wellhead protection area. (a) All Floridan wells may be inspected by the city or their consultants at any time after the effective date of this ordinance. The city shall prioritize re -inspections for wells that, in its opinion, pose the greatest threat to the Floridan aquifer. (b) Floridan aquifer wells that do not have positive piezometric pressure shall have a backflow prevention device in compliance with local plumbing code and Department of Environmental Protection rules. (c) Within one (1) year after March 8, 2010, all private Floridan aquifer wells within a wellhead protection area shall be configured with a sanitary seal on the wellhead and a concrete pad around the outside of the well casing to prevent leakage of surface water into the well. Each well shall be finished with a concrete pad a minimum of five (5) feet by five (5) feet and at least three (3) inches thick. The pad shall be finished above ground surface to allow surface water to drain away from the wellhead. The surrounding ground surface should be sloped away from the wellhead, if possible, to further prevent surface water from collecting at the wellhead. (d) Floridan aquifer wells shall be drilled, maintained and repaired according to the standards of Chapters 62-524 and 40C-3, FAC. (e) The city shall notify the owner of any well that is not found to be in compliance with the requirements of this section of the violation. Any private well not properly constructed or maintained to reasonably prevent contamination from anyother aquifer to the Floridan aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or replacement shall be the responsibility of the well owner and/or the owner of the property on which the well is located. All private faulty wells found to be out of compliance shall have ninety (90) days to either perform those repairs necessary to bring the private well into compliance with this section or to properly abandon the well pursuant to the appropriate standards and procedures. Supp. No. 46 1613 § 24-266 ATLANTIC BEACH CODE Copies of inspection reports from the St. Johns River Water Management District confirming that the well has been properly abandoned, repaired or replaced shall be submitted to the city. If the work is not inspected by the St. Johns River Water Management District, the city or their consultant shall inspect the well to confirm that it has been properly abandoned, repaired or replaced at the cost of the owner, and the abandonment, repair or replacement shall be entered into a database of well -related information maintained by the city. Failure to properly repair or abandon a private faulty well, pursuant to the requirements of this section, shall be referred to the special magistrate for code enforcement. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-267. Notice of release or spill of contaminants in wellhead protection areas. The city shall send written requests to local hazardous release/spill responders to immediately notify the administrator of any and all spills or releases in the water service area. City staff shall determine if an incident has occurred within a wellhead protection area. City staff shall notify the state warning point, department of environmental protection, or other regulatory agencies as required by law, depending on the nature and amount of the spill. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-268. Authority and responsibilities of the city. The city shall have the following powers and duties: (a) Administer and enforce the provisions of these wellhead protection regulations. (b) Render all possible assistance and technical advice to private well owners, except that the city shall not design or construct private facilities. (c) Perform such other administrative duties as may be necessary. (d) The city shall have the right to inspect privately -owned facilities. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) See. 24-269. Reserved. DIVISION 2. PROTECTION OF WETLAND, MARSH AND WATERWAY RESOURCES Sec. 24-270. Purpose and intent. The purpose and intent of this division is to provide regulations that contribute to the protection of the vast coastal marsh, estuarine and wetland system associated with the Atlantic Intracoastal Waterway and its tributaries in conjunction with the state and federal regulatory agencies having jurisdictional authority over such resources. It is the express intent of the city that no net loss of jurisdictional wetlands occur through any development Supp. No. 46 1614 • • • • LAND DEVELOPMENT REGULATIONS § 24-271 action within the city. Any impacted wetlands on a development site shall be replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach where replacement onsite is not possible to achieve reasonable use of the property. Where jurisdictional wetlands have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands in the amount to be displaced by the proposed development consistent with state and federal regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-271. Environmental assessment and protection of wetlands and environmentally sensitive areas. (a) Environmental assessment required. The wetlands and the environmentally sensitive areas maps (Map A-2 and A-4) as contained within the city's comprehensive plan identify areas that are presumed to have wetlands or significant environmental features. City staff may also require an environmental assessment if a wetland or environmentally sensitive area is suspected on a site that is not shown on the wetlands or environmentally sensitive areas maps. Where a development permit is sought in such areas, an environmental assessment of the site and the potential for impacts to the presumed resource shall be provided by the applicant seeking such permit. The environmental assessment shall include a delineation of onsite wetlands and native upland habitat, as well as an identification of any protected animal species or habitat found on the site. The city may accept an assessment prepared by a licensed environmental professional and may also require the applicant to obtain a formal wetland determination by the St. Johns River Water Management District. (b) Where the environmental assessment determines that natural jurisdictional wetlands remaining on the site have been damaged or degraded over time through previous development, storm events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat are predominant in quantity on a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for restoration, enhancement, mitigation or recovery of remaining jurisdictional wetlands. Restated, it is the express intent of the city that no net loss of jurisdictional wetlands occurs through any development action within the city. • (c) Buffers required from wetlands. The following upland buffers shall be required, except for lands adjacent to isolated wetlands. Upland buffers shall be measured from the state's jurisdictional wetland boundary line. Such buffers protect wetlands from the impacts of adjacent land use. Wetlands serve essential ecological functions such as reducing downstream stormwater flow, recharging ground water, improving water quality and providing wildlife habitat. Buffers help wetlands function by filtering storm runoff from surrounding development, trapping sediment, absorbing nutrients, and attenuating high flows. Buffers Supp. No. 46 1615 § 24-271 ATLANTIC BEACH CODE also provide high quality wildlife habitat areas and physically separate wetlands and estuaries from developed areas in order to lessen noise, light and chemical pollution and other associated disturbances by humans. Upland buffers shall remain substantially in their undisturbed and natural state. (1) For development occuiling after the March 8, 2010, effective date of these amended land development regulations, a natural vegetative buffer a minimum of fifty (50) feet in width shall be required and maintained between developed areas and jurisdictional wetlands adjacent to tributaries, streams, or other water bodies connected to the Intracoastal Waterway regardless of any other regulatory agency requirement of a lesser distance. Such portions of these tributaries, streams, or other water bodies subject to this buffer requirement shall be established by the presence of a mean high water line for the applicable tributary, stream or other water body. (2) For development occurring after March 8, 2010, a natural vegetative buffer, which is a minimum width of twenty-five (25) feet, shall be maintained between development and all other jurisdictional wetlands not described in the preceding paragraph. In cases where the minimum twenty -five-foot buffer is demonstrated to be unreason- able or impractical, an averaged twenty -five-foot undisturbed buffer with a minimum no less than fifteen (15) feet may be provided. (d) Exceptions to the upland buffer requirements. (1) Man-made canals and stormwater facilities are not considered wetlands, although in some cases, man-made navigable canals connected to waters of the state are protected under these provisions or by regulations of state or federal agencies. For the purposes of this article, man-made canals and ponds clearly excavated in uplands are not considered wetlands and are exempt from the wetland buffer regulations. (2) Determinations of vested rights which may supersede the requirement for the fifty -foot or twenty-five foot upland buffer as applicable shall be made on a case-by-case basis in accordance with the land development regulations and applicable Florida law. (3) Single-family lots of record platted prior to January 1, 2002, shall be exempt from the fifty -foot wetland buffer requirement, but shall be subject to the twenty -five-foot upland buffer requirement as described in preceding subsection (c)(2). (4) Variances from the requirement to provide and maintain an upland buffer may be requested in accordance with subsection 24-65 of this chapter, and where such variance is approved, a berm or swale to retain and filter stormwater runoff from the lot shall be required. (5) Lots or portions of lots where a lawfully constructed bulkhead, retaining wall, revetment, or the placement of rip -rap was in existence prior to March 8, 2010 shall be exempt from these buffer requirements. Supp. No. 46 1616 • LAND DEVELOPMENT REGULATIONS § 24-271 (e) Maintenance and permitted activities within upland buffers. To protect water quality and wetland functions, it is crucial to limit contamination, disturbance and clearing within upland buffer areas. It is the intent of the city that required upland buffers shall be maintained in a substantially natural and undisturbed state. With the exception of facilities to provide public access for the recreational use of natural resources, any disturbance or clearing of required upland buffers shall be in accordance with the following provisions. Native vegetation removed or destroyed within the upland buffer is a violation of this Code, and the property owner shall be responsible for the restoration of the upland buffer upon order of the special magistrate. (1) The following activities are expressly prohibited in any required upland buffer: a. Filling, dredging or soil compaction by heavy machinery; b. Dumping of any kind including brush, tree and yard waste, weeds, lawn clippings, animal or fish waste, litter and refuse of any type; c. Removal of healthy native trees; d. Clearing of any living native vegetation within the intertidal zone, which typically includes marsh grasses and submerged aquatic vegetation; e. Installation of sod, irrigation, non-native vegetation of any type or any type of plant materials typically requiring the use of lawn pesticides and fertilizers or chemicals of any kind. (2) The following activities are permitted within a required upland buffer subject to obtaining a buffer alteration permit from the city: a. Removal of invasive vegetation following documented verification by the administrator. b. Clearing of understory vegetation as defined by chapter 23 of the city's Municipal Code of Ordinances, provided any such clearing shall be approved by the city and if required, the appropriate state or federal agency prior to any form of clearing, alteration or disturbance of the required upland buffer. c Minimum clearing of upland and wetland vegetation necessary to construct a properly permitted dock or other improvement to provide lawfully entitled access to navigable waters in accordance with a validly issued and unexpired permit from the City of Atlantic Beach, the Florida Department of Environmental Protection, the St. Johns River Water Management District, and other entity having jurisdiction. d. Activities for the owner or occupant's enjoyment including typical backyard outdoor furniture, gazebos and screen structures not exceeding one hundred (100) square feet in size without electrical or plumbing service, but not swimming pools, hot tubs, ornamental pools, spas or pool houses, and provided that all other conditions of this division are met. Supp. No. 46 1617 § 24-271 ATLANTIC BEACH CODE MAP A4: ENVIRONMENTALLY SENSITIVE AREAS Ory al Atlantic Beech 2018-2030.ComprehensNe Plan Amendment Map Series Figure 19EnvironmentallySensitive Areas (Ord. No. 90-10-212,.§ 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-272. Reserved. ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM Sec. 24-273. Purpose and intent. (a) The purpose of a concurrency management system is to provide the necessary regulatory mechanism for evaluating development orders to ensure that the level of service standards, as set forth within the adopted comprehensive plan of the City of Atlantic Beach, as may be amended, are maintained. The system consists of three (3) primary components: 1) an inventory of existing public facilities for which concurrency is to be determined, 2) a concurrency assessment of each application for a final development order, and 3) a schedule of improvements needed to correct any existing public facility deficiencies. (b) The intent of this system as expressed by the Florida Legislature is to: Ensure that issuance of a development order is conditioned upon the availability of public facilities and services necessary to serve new development. However, development orders may be conditioned such that needed public facility improvements will be in place concurrent with the impacts of the proposed development. Supp. No. 46 1618 • e LAND DEVELOPMENT REGULATIONS § 24-276 (c) The terms development order and development permit, including any building permit, zoning permit, subdivision approval, rezoning, special exception, variance, or other official action of the local government having the effect of permitting the development of land, may be used interchangeably within these land development regulations and shall have the meaning as set forth in section 24-17 of this chapter and within Florida Statutes. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-274. Administrative responsibility. (a) The city manager, or the city manager's designee, shall be responsible for the three (3) primary tasks required to implement the concurrency management system. These three (3) tasks are: (1) Maintaining an inventory of existing public facilities and capacities or deficiencies; (2) Providing advisory concurrency assessments and recommending conditions of approval to the city commission for those applications for development orders which require city commission approval; and (3) Reporting the status of all public facilities covered under this system to the city commission during the annual budget process and to the Florida Department of Economic Opportunity, as may be required. (b) The city manager, or the city manager's designee, shall also collect and make available to the public information on those facilities listed in the capital improvements element of the comprehensive plan. This information shall be updated yearly and shall be available during the annual budget preparation process. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-275. Applicability. Prior to the approval and issuance of a development order, all applications shall be reviewed for concurrency consistent with the provisions and requirements of this concur- rency management system. Development orders may be issued only upon a finding by the city that the public facilities addressed under the concurrency management system will be available concurrent with the impacts of the development in accordance with state statutes and rules relating to concurrency. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-276. Projects not requiring a concurrency certificate. (a) Development orders, including building permits issued for single-family and two- family residential development upon existing lots of record, and those issued solely for alteration, remodeling, reconstruction, or restoration of residential units provided that such permits do not authorize an increase in the number of dwelling units; and for nonresidential uses, those permits that do not authorize an increase in the square feet of the development Supp. No. 46 1619 § 24-276 ATLANTIC BEACH CODE shall be deemed no impact projects and shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify this provision in accordance with concurrency review procedures. (b) Applications for development orders for projects, which are deemed to have no impact upon public facilities and services as defined in the preceding paragraph or projects which have acquired statutory or common law vested rights, shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify consistency with this provision in accordance with concurrency review procedures. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-277. Application and review and approval requirements. (a) The city shall provide administrative procedures to implement the concurrency management system. The provisions and requirements of the concurrency management system shall apply only to those facilities listed in the capital improvements element of the comprehensive plan. (b) All applicants for development orders shall be required to provide information as deemed necessary by the city so that the impacts of the proposed development may be accurately assessed. (c) Once a concurrency certificate is issued, any change in land area, use, intensity, density or timing and phasing of the approved project, which results in increased impacts to public facilities and services shall require modification to the concurrency certificate in accordance with established procedures. (d) Where a determination of available concurrency is made, a concurrency certificate shall be valid for one (1) year following issuance and set forth the terms and conditions of the approval. In the case that a concurrency certificate is revoked, denied or expires, the capacity reserved for that project is released for use. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-278. Timing and completion of required public facility improvements. In order to ensure that all public facilities included within this concurrency management system are available concurrent with the impacts of development, concurrency shall be determined during the review and approval process as applicable for the proposed development and prior to the issuance of a final development order. All final development orders shall specify any needed improvements and a schedule for their implementation consistent with the requirements of this article. Thus, while some required improvements may not have to be completed until a certificate of occupancy is applied for, the requirements for the certificate of occupancy, or functional equivalent, shall have previously been established as a binding condition of approval of the original final development order. If a development proposal cannot meet the test for concurrency, then it may not proceed under Supp. No. 46 1620 • • • • LAND DEVELOPMENT REGULATIONS § 24-279 any circumstances, and no development orders may be issued. Likewise, if a development fails to meet a condition of approval once it has commenced, then no additional development orders, permits, or certificates of occupancy shall be issued. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Sec. 24-279. Capacity and level of service inventory. The city manager, or the city manager's designee, shall collect and make available to the public as may be requested, information on capital facilities as identified within the capital improvements element of the adopted comprehensive plan. The information shall be available during the annual budget preparation process. The provisions and requirements of the concurrency management system shall apply only to those facilities as listed within the comprehensive plan. The following data shall be maintained and shall be used for the purpose of concurrency assessment of the impacts of new development: (a) Sanitary sewer. (1) The design capacity of the wastewater treatment facilities. (2) The existing level of service measured by the average number of gallons per day per unit based on the average flows experienced at the treatment plant and the total number of equivalent residential units within the service area. (3) The adopted level of service standard for average daily flow per equivalent residential unit. (4) The existing deficiencies of the system. (5) The capacities reserved for approved but unbuilt development within the service area of the system. (6) The projected capacities or deficiencies due to approved but unbuilt develop- ment within the city or the service area of the system. (7) The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (8) The improvements to be made to the facility in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (b) Potable water. (1) The design capacity of the city's potable water supply. (2) The existing level of service measured by the average daily flow in gallons per unit based on the total number of equivalent residential units within the service area. (3) The adopted level of service standards for the potable water system. (4) The existing capacities or deficiencies of the system. Supp. No. 46 1621 § 24-279 ATLANTIC BEACH CODE (5) The capacities reserved for approved but unbuilt development within the city and the service areas. (6) The improvements to be made to the facility in the current fiscal year by an approved development pursuant to previously issued development orders and the impact of such improvements on the existing capacities or deficiencies. (7) The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (c) Solid waste disposal. (1) The design capacity of solid waste disposal facilities located in the city. (2) The existing level of service measured by the amount of solid waste collected and requiring disposal on a per capita basis. (3) The adopted level of service standard for solid waste. (4) The capacities required for approved but unbuilt development. (5) The projected restraining capacities or deficiencies due to approved but unbuilt development. (6) The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (d) Stormwater and drainage. (1) The existing level of service measured by storm events as determined by the city. The adopted level of service standards for stormwater and drainage. (2) The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (3) The improvements to be made to the system in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (4) The improvements scheduled by the city as part of the continuing implementa- tion of the city's master stormwater plan, as may be updated. (e) Recreation and open space. (1) The existing supply of recreation and open space lands and the adequacy of recreational facilities as outlined in the recreation and open space element of the comprehensive plan. (2) The existing level of service measured by the total acreage and facilities available per the appropriate number of residents of the city based on a current inventory of acreage and facilities in the city, or serving the city and the population of the city. Supp. No. 46 1622 • • LAND DEVELOPMENT REGULATIONS § 24-279 (3) The adopted level of service standards for park and open space lands and the acreage and individual recreation facilities as outlined in the recreation and open space element of the comprehensive plan. (4) The existing capacities or deficiencies of the recreational facilities system with consideration given to changing demographics and changing recreational trends. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) Supp. No. 46 1623 [The next page is 19831 • • • CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 5-18-66 1-14-19 1-3 14-17-14-19 4 Added 2-131(c) 5-18-67 1-14-19 1-3 23-52(c)(1), (2), (e) 58-18-42 1-14-19 1 2-263(a) 58-18-43 1-14-19 1 2-302(a) 75-18-20 1-14-19 1 Rpld 21-1, 21-2, 21-16-21-26, 21-36-21-41, 21-50-21-54, 21-60-21-66, 21-75-21-85 2(Exh. A) Added 21-1--21-3, 21-16-21-21, 21-36-21-42, 21-50-21-55, 21-61-21-66, 21-76-21-85, 21-87-21-89 90-19-236 1-14-19 1 24-102 2 Added 24-115 5-19-68 2-11-19 1(Exh. A) Rpld 2-141-2-151, Added 2-141-2-152 2(Exh. A) Rpld 2-161, 2-162, 2-167-2-169 3 6-121 7-27(c) 13-167 13-169 22-74(d)(2) 23-48(c) 23-51 24-267(e) 24-272(e) 90-19-238 2-25-19 1 24-17 2 24-64 3 24-66 4 24-104(0(1) 5 24-105(0(1) 6 24-106(0(1) 7 24-107(0(1) 8 24-108(0(1) 9 24-115(g)(1) 90-19-240 7- 8-19 3 Rpld 24-1-24-5, 24-16, 24-17, 24-31, 24-46-24-51, Supp. No. 46 2011 ATLANTIC BEACH CODE Ordinance Adoption Number Date Section Section this Code 24-61-24-69, 24-81-24-89, 24-101-24-126, 24-151-24-182, 24-186-24-192, 24-201-24-204, 24-221, 24-231-24-235, 24-251-24-279 3(Exh. A) Added 24-1-24-5, 24-16-24-18, 24-31, 24-46-24-51, 24-60-24-71, 24-80-24-86, 24-88, 24-89, 24-101-24-126, 24-151-24-169, 24-171-24-179, 24-186-24-191, 24-201-24-204, 24-221, 24-231-24-235, 24-251-24-260, 24-262-24-268, 24-270, 24-271, 24-273-24-279 75-19-21 8-12-19 1 Added 21-43-21-45 58-19-44 10-14-19 1 2-310.20(0(1) 2-310.26(a) 75-19-22 11-25-19 1 Added 21-46 65-20-40 1-27-20 1 19-1(c) 95-20-118 3- 9-20 1 5-4 60-20-21 5-11-20 2 Rpld 17-1, 17-2, 17-26-17-33, 17-41, 17-42, 17-51, 17-52, 17-61-17-64 3(Exh. A) Added 17-1-17-3, 17-26-17-33, 17-41, 17-42, 17-51, 17-52, 17-61-17-65 75-20-23 6- 8-20 1 21-17 75-20-24 6- 8-20 1 21-44(d) 70-20-20 8-10-20 1 20-82(a) [The next page is 2043] Supp. No. 46 2012 • • • • • • 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 1.01 13-201 23.011 Ch. 50 50.0211 50.041 50.051 57.105 60.05 92.50 Ch. 98 98.045(3) 98.211 100.361 Ch. 101 Ch. 102 Ch. 112, Pt. III 112.061 112.311 112.3143 Ch. 119 Ch. 121 125.68 125.69 Ch, 161 161.021 161.041 161.053 161.54 161.141 Ch. 162 Supp. No. 46 Section F.S. this Code Section 1-2 Ch. 9(note) Ch. 14(note) 2-148 24-51 24-51 2-148 2-148 9-7 2-168 2-169 Ch. 12(note) 2-307 Char., § 38 Char., § 53 Char., § 53 Char., § 56 Char., § 42 Char., § 43 Char., § 43 Char., § 66 Ch. 2, Art. VII, Div. 3(note) Ch. 2, Art. II (note) 2-263 2-302 Char., § 65 Ch. 2(note) 2-310.7 16-32 13-14 Ch. 5(note) 24-17 6-20(b)(3) 6-20(b)(3) 6-21(e), (r) 8-52 8-54 8-29 Ch. 2, Art. V, 2053 Ch. 162, Pt. 1 162.01 et seq. 162.02 162.05 162.05(4) 162.06 162.07 162.08 162.09 162.10 162.11 162.22 Ch. 163 163.041 163.3161 163.3161 et seq. 163.3174 163.3178 163.3184 163.3187 163.3194(1) 163.3194(1)(b) Ch. 166 Section this Code 2-147 2-148 5-39 7-27 20-54 2-147 19-8 13-169 2-146 2-141 2-142 2-145 2-147 2-143 2-144 2-147 2-148 2-149 2-150 2-151 19-8 19-47 Char., § 59 14-1(a) 24-17 24-47 24-51 Ch. 14(note) Ch. 24(note) 14-22 6-27 24-5 24-51 24-51 24-5 24-17 Charter(note) Char., § 4 Char., § 57 Char., § 59 24-51 F.S. Section 166.031 166.041 166.101 166.201 166.231 166.241 166.0415 166.0425 166.0445 Ch. 170 175.101 Ch. 177 177.27 177.27(15) 177.041 177.041(2) 177,051 177.061 177.071 177.081 177.091 177.101 Ch. 180 Ch. 185 185.06 185.08 185.35 185.221 Ch. 192 193.116 ATLANTIC BEACH CODE Section this Code Char., § 45 Char., § 60 Char., § 79 Qhuz,0l8 24-17 24-51 Ch. 2, Art. VII (note) Ch. 2, Art. VTI (note) Ch. 20(note) Ch. 20, Art. II (note) 2-311 19-8 Ch. 17(oota) 24-17 Ch. 19(note) 20-77 24-17 24-88 24-203 24-204 24-188 24-204 24-17 6-21(j) 24-204 24-203 24-203 24-204 24-203 24-204 24-203 24-203 24-203 24-204 24-191 Ch. 19(oota) 2-303 2-310.6 2-310.8 2-310.19 2-303 2-310.6 20-76 230.19 2-310.2 Ch. 20(uotm) Char., § 58 Supp. No. 46 2054 F.S. Section Section this Code 196.075 20-82 20-83 Ch. 202 19-32 202.11 19-20 202.11(1) 19-20 Ch. 205 Char., § 58 Ch. 20'Art. III (note) 205.022 20'51 205.042 20-52 205.043(2) 20-57 205.043(3) 20-57 205.053 20'54 205.058(1) 20-53 205.063 20'58 205.I96 20-59 Ch. 218 Ch. 2, Art. VII (note) 318.83 2-311 222.17 24'17 Ch. 252 2'403 253.12 Ch. 5(note) Ch. 280 2'264 2-303 280,02 2-264 2-303 286.011 Char., § 14 Ch. 2(note) 309.01 Ch. 5(note) Ch. 316 Ch. 21(note) 21-1 318.008 Ch. 21(noto) 318l08(I)(o) 316.195 316.1945 320.01 320.823 320.8249 Ch. 327 Ch. 333 334.03(21) 335.075 Ch. 337 337.401 Ch. 2l,Art. II (note) Ch. 21, Art. I[ (note) Ch. 31(note) 21-17 8-52 6-23 8-63 Ch. 5(note) 19-35 19-37.2 19-1 Ch. 19(note) 19-32 19-35 19-31 • • • STATUTORY REFERENCE TABLE F.S. Section 337.401(3) 337.401(6)(b) 337.401(7) 337.403 337.404 Ch. 364 366.02 Ch, 367 Ch. 369 Ch. 372 Ch. 373 Ch. 373, Pt. II 373.036 373.421 380.04 381.006 381.0065 381.031(1)(g)1 381.031(g)3 381.261 381.986 Ch. 386 Ch. 395 402.311 403.413 403.415 403.9338 413.08 Ch. Ch. 465 Ch. 469 Ch. 472 Ch. 479 479.11 Ch. 481, Pt. II 482.1562(9) Ch. 489 Ch. 496 496.01 509.233 509.233(2) Section this Code 19-32 19-41 19-31 19-41 19-37 19-37.2 19-25 19-36 19-32 8-24.1 Ch. 22(note) Ch. 5(note) Ch. 4(note) Ch. 8(note) 22-352 8-29 24-17 24-17 4-29 8-29 4-29 Ch. 6, Art. VI (note) Ch. 22(note) 24-17 24-169 Ch. 12(note) 2-307 24-152 5-4 16-7 Ch. 11(note) 24-17 3, Art. II(note) 24-17 24-169 Ch. 6, Art. IV (note) 24-17 Ch. 17(note) 20-59 17-42 24-176 24-17 Ch. 6(note) 18-4(g)(6) 20-59 Ch. 18(note) 24-158 24-158 F.S. Section Ch. 513 513.01 Ch. 514 Ch. 538, Pt. I 538.03(1)(a) Ch. 552 Ch. 553 Section this Code Ch. 10(note) 10-1 Ch. 6, Art. VI (note) 21-61 21-2 Ch. 7(note) 2-147 Ch. 6(note) 6-21(p) 7-32 19-35 19-37.2 Ch. 553, Pt. VII 6-16 553.01 Ch. 6, Art. IV(note) 553.15 Ch. 6, Art. III(note) 553.70 Ch. 6, Art, II(note) 553.73 7-25 553.73(5) 8-38 553.73(10)(k) 8-24.1 Ch. 556 19-35 19-37.2 3-1 Ch. 3(note) 3-1 3-2 3-2 3-4 3-5 3-6 3-4 3-4 13-14 Ch. 7(note) 8-24.1 Ch, 7(note) 7-32 2-263 Ch. 7(note) 7-27 Ch. 2, Art. VI, Div. 2(note) 2-241 650.02 2-241 650.05 Ch. 2, Art. VI, Div. 2(note) 13-12(a)(4) 21-63 Ch, 15, Art. II(note) Chs. 561-565 561.01 561.15 562.14(1) 562.45(2) Supp. No. 46 2055 563.01 565.01 Ch. 569 590.12 604.50 Ch. 633 633.35 633.121 633.171 Ch. 650 674.105 Ch. 679, Pt. V Ch. 705 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 705.16 Ch. 2, 2-310.10 Art. II(note) 847.001 17-2 Ch. 760 Ch. 9(note) 847.001(2) 24-17 760,20 Ch. 9, 24-112 Art. II(note) 24-115 760.22 9'16 24-116 760.23 9'17 874.08 2-167(n) 760.24 9-18 876.05 Char., § 68 760.25 9-22 828.02 4-1.1 780.29 9-23 893 2-107(o) 760.37 9-24 893.08 13-4 Ch. 767 Ch. 3, 13-5 Art. II(note) 893.138 2-161 767.10--767.16 4-8 893.147 13-5 4-9 982.701 Ch. 15, 4'10 Art. II(note) 767.12 4'12 Ch. 943 2-810.I6 768.28 2'1(b)(1) 943.22 2-300 19-8 943.25(8)(a) 15-1 775.082 2'310.11 843.1395 2-300 4-12 775.083 2'310.11 4-12 775.084 4'13 Ch. 790 15'23(g)(3) 700.I5 13-3 Ch. 791 Ch. 7(note) 7-39 791.01(4)(b) 18'13 791.01(4)(o) 18-13 79I.02(1) 13'13 Ch. 794 2-279 2-310.10 706.07 2'187(a) 800.04 2-279 2-310.10 806.13 6'1I1 22-57 Ch. 812 13'162 812.019 2167(u) 812.171 13'163 8I2.I78 13'104 812.175 13-167 13-169 812.1725 13-164 Ch. 823 Ch. 12(note) 823.14 24'179 Ch. 828 4'1.1 828.27 4-30 Ch. 838 2'279 [The next page is 20811 Supp. No. 46 2056 • • • CODE INDEX FINANCES (Cont'd.) Service and user charges Authorization Fees and charges Taxation See: TAXATION Transfers of appropriations Uniform travel policy and procedure See: TRAVEL User charges. See herein: Service and User Charges FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FINGERPRINTING Charitable solicitation permit regulations re FIRE DEPARTMENT Chief of fire department Appointment Compensation Duties and authority Fire prevention code Appeals from actions of chief Enforcement of code by chief Modifications of code by chief Director of public safety Supervision of fire department Fire chief. See herein: Chief of Fire Department Life guard division FIRE HYDRANTS Fire prevention and life safety Fire hydrants and fire department connections FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of Fire prevention and life safety Alarms False silent alarms Appeals Building permits Burning, open Codes Adopted Modifications Compliance Supp. No. 46 2117 Section 2-367 2-368 20-16 et seq. 2-313 2-356 et seq. 18-2 2-61 2-61 2-62 7-19 7-17 7-18 2-41 2-63 7-35 7-2 7-41 7-25 7-32 7-36 7-18 7-42 7-23 ATLANTIC BEACH CODE Section FIRE PREVENTION AND PROTECTION (Contd.) Dangerous conditions Notice to eliminate 7-21 Compliance 7-23 Summary abatement 7-26 Definitions 7-17 False silent alarms 7-41 Fees 7-30 Fire hydrants and fire department connections 7-35 Fireworks 7-39 Hazardous materials identification and information 7-34 Inspection 7-19 Authority to require exposures or stop work 7-24 Appeals 7-25 Fees 7-30 Right of entry 7-20 Investigating fires, authority 7-28 Key vault security requirement 7-29 Modifications 7-42 Occupant load/overcrowding 7-40 Open burning 7-36 Permits and certificates 7-38 Building permits 7-32 Fees 7-30 Purpose and intent 7-16 Right of entry 7-20 Service of orders 7-22 Appeals 7-25 Compliance 7-23 Smoke detection power source 7-33 Stop work, authority to require 7-24 Appeals 7-25 Street address identification 7-37 Testing, fees 7-30 Violations Penalties and other remedies for violations 7-27 Service of orders to correct violations 7-22 Summary abatement 7-26 Reward for information leading to conviction of arsonists7-2 Title 7-1 Water service charges Private fire protection service 22-30 FIREARMS AND WEAPONS Disposal of confiscated or lot firearms 15-22 Supp. No. 46 2118 • • • CODE INDEX Section HUMAN RELATIONS (Cont'd.) Criminal acts 9-6 Definitions 9-2 Exemptions 9-5 Fair housing 9-17 et seq. See: FAIR HOUSING False claims 9-7 Prohibited conduct 9-3 Purpose 9-1 HUNTING Hunting birds, wild fowl, etc 4-4 IMPOUNDMENT Animal provisions 4-14 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Community development board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Land development regulations Concurrency management system and proportionate fair - share Timing and completion of required public facility improvements 24-278 Subdivision and site improvement regulations Required improvements 24-221 et seq. See also: LAND DEVELOPMENT REGULATIONS INDECENCY AND OBSCENITY Alcoholic beverage establishments Exposure of private parts in Obscene matter prohibited INSECTS, INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes Abatement of nuisances, etc. See: NUISANCES 13-17 13-6 12-1(b)(4) INSURANCE Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Streets, sidewalks and other public places Communications facilities in public rights-of-way 19-43 Supp. No. 46 2125 ATLANTIC BEACH CODE Section L LAKES. See: WATERCOURSES, WATERWAYS LAND DEVELOPMENT REGULATIONS Concurrency management system Administrative responsibility 24-274 Applicability 24-275 Application and review and approval requirements 24-277 Capacity and level of service inventory Potable water 24-279(b) Recreation and open space 24-279(e) Sanitary sewer 24-279(a) Solid waste disposal 24-279(c) Stormwater and drainage 24-279(d) Projects not requiring a concurrency certificate 24-276 Purpose and intent 24-273 Timing and completion of required public facility improve- ments 24-278 Definitions. See herein: Language and Definitions Environmental and Natural Resource Regulations Protection of wetland, marsh and waterway resources Environmental assessment, protection of wetlands, environmentally sensitive areas Buffers required from wetlands 24-271(c) Environmental assessment required 24-271(a) Exceptions to the upland buffer requirements 24-271(d) Maintenance and permitted activities within upland buffers 24-271(e) Restoration, enhancement, mitigation, recovery plan 24-271(b) Purpose and intent 24-270 Wellhead protection Authority and responsibilities of the city 24-268 Establishing and mapping wellhead protection areas24-263 Investigations and monitoring 24-264 Notice of release or spill of contaminants in wellhead protection areas 24-267 Prohibitions in wellhead protection areas 24-265 Purpose and intent 24-262 Requirements within wellhead protection areas 24-266 General Adoption and authority 24-1 Amendments 24-4 Jurisdiction 24-3 Legal status and consistency with the comprehensive plan 24-5 Purpose and intent 24-2 Language and definitions Acronyms 24-18 Construction of language 24-16 Definitions 24-17 Supp. No. 46 2126 • • CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Subdivision and Site Improvement Regulations Application procedure Applicability 24-201(b) General requirements 24-201 Proposed plat review and approval Information required for review 24-204(b) Purpose and intent 24-204(a) Review and approval procedure 24-202 Review of proposed plat or changes to previously recorded plat Final approval required before commencing construc- tion 24-203(e) Preliminary engineering drawings 24-203(b) Preparation 24-203(a) Review process • 24-203(c) Time limit 24-203(d) Unlawful division of land 24-201(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 Cash deposit 24-232(1) Personal bond with letter of credit 24-232(2) Surety bond 24-232(3) Design and construction standards for all development and redevelopment Blocks Block lengths 24-255(b) General 24-255(a) Centralized sewer and water services 24-259 Clearing and grading of rights-of-way 24-258 Driveways 24-253 Easements Beach access easements Abandonment or vacation of prohibited 24-254(f) Drainage and watercourses 24-254(b) No city expense 24-254(e) Other drainage easements 24-254(c) Pedestrian and service easements 24-254(d) Utilities 24-254(a) General requirements 24-251 Conformity to city policies 24-251(a) General construction methods 24-251(d) Soil and flood hazards 24-251(c) Use of natural features 24-251(b) Supp. No. 46 2127 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Contd.) Lots Building restriction lines 24-256(f) Dimensions 24-256(b) Double frontage lots 24-256(e) General 24-256(a) Residential corner lots 24-256(c) Street access 24-256(d) Provision for required recreation 24-257 Septic tanks, private wastewater, and on-site sewage treatment and disposal systems Installation of 24-260 Shared driveways 24-253(b) Streets Access to paved streets required 24-252(c) Additional right-of-way and roadway improvements 24-252(e) Arrangement of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(j) Intersections of right angles 24-252(g) Minimum right-of-way and paving widths 24-252(i) Private streets providing access to individual lots 24-252(d) Property lines rounded at intersections 24-252(h) Reserve strips prohibited 24-252(f) Street names and house numbers 24-252(k) Generally Final subdivision plat or replat Exemptions 24-189 Requirements for approval and recording 24-188 Purpose and intent 24-186 Subdivision and subdivision improvements defined24-187 Vacating previously recorded subdivision plats 24-191 Waiver for subdivisions 24-190 Conditions of waiver 24-190(b) General 24-190(a) Required improvements Generally 24-221 Wellhead protection; wetlands protection. See herein: Environmental and Natural Resource Regulations Zoning regulations Administration Appeals Administrative decisions of community development director 24-49(a) Decisions of community development board 24-49(b) Stay of work 24-49(c) City commission 24-46 Community development board 24-47 Planning and community development director 24-48 Public hearings and required notice 24-51 Supp. No. 46 2128 • • CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Vested rights Appeals 24-50(c) Determination of vested rights 24-50(a) Expiration 24-50(b) Application procedures Amendment and repeal 24-60 Change in zoning district classification 24-62 Process chart 24-61 Waiver 24-66 Development, construction, storage within zoning districts All structures 24-67(c) Temporary construction trailers or structures 24-67(a) Temporary storage structures and uses 24-67(b) Development review and issuance of development permits Approval of site plans 24-69(d) Changes to approved plans 24-69(i) Expiration of approved of construction plans 24-69(0 Expiration of development permits 24-69(g) Failure to continue review process 24-69(e) Procedures 24-69(b) Purpose 24-69(a) Retention of expired plans 24-69(h) Site development plan required 24-69(c) Establishment of districts Central business district (CBD) 24-115 Commercial general districts (CG) 24-112 Commercial limited district (CL) 24-111 Commercial, professional office (CPO) 24-110 Conservation district (CON) 24-103 Intent and purpose 24-101 Light industrial and warehousing districts (LIW) 24-113 Residential, multi -family district (RG -M) 24-108 Residential, Selva Marina district (R -SM) 24-109 Residential, single-family district (RS -1) 24-105 Residential, single-family district (RS -2) 24-106 Residential, single-family large lot district (RS -1) 24-104 Residential, two-family district (RG) 24-107 Special purpose district (SP) 24-113 Traditional marketplace district (TM) 24-116 Zoning districts established 24-102 Fees Engineering and review fees 24-71(b) Planning and zoning fees 24-71(a) Specific use review fees 24-71(d) Utilities review fees 24-71(c) General provisions and exceptions Design and construction standards Two or more townhouse units 24-88 Double frontage (through) lots and oceanfront lots 24-83(a) Supp. No. 46 2129 ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Garage apartments (as allowed in combination with private garages) 24-89 General restrictions upon land, buildings and structures Density 24-81(e) Duplicates or externally similar dwellings 24-81(h) Flood protection 24-81(k) Height 24-81(c) Minimum floor area for residential dwelling units24-81(j) Number of buildings allowed on a single-family or two-family (duplex) lot 24-81(b) Open space use limitation 24-81(f) Percentage of lot occupancy 24-81(d) Required Lot and occupancy 24-81(g) Short-term rentals prohibited 24-81(1) Temporary residence 24-81(i) Use 24-81(a) Lots of record and nonconforming lots of record 24-84 Multiple lots and parcels treated as a single develop- ment parcel 24-84(a) Nonconforming lots of record 24-84(b) Nonconforming structures and uses Intent 24-85(a) Nonconforming lots of record 24-85(b) Nonconforming structures 24-85(c) Nonconforming uses Continuation 24-85(d)(1) Discontinuance 24-85(d)(3) Relocation or expansion 24-85(d)(2) Residential uses Special treatment of lawfully existing two-family dwellings or townhouses affected by future amend- ments to the official zoning map or the land development regulations 24-86 Amendments to the land development regulations 24-86(b) Changes to the official zoning map 24-86(a) Rules for determining boundaries 24-80 Yards, required; permitted projections Mechanical equipment 24-82(c) Required yards 24-82(a) Structural projections 24-82(b) Land clearing and alteration of site grade or topography 24-70 Landscaping Applicability 24-176(b) Buffers required between incompatible or different use classifications 24-176(i) Driveways to adjoining lots 24-176(g) Driveways to streets 24-176(f) Florida -friendly landscaping and landscape irrigation24-177 Supp. No. 46 2130 • • • • CODE INDEX Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Florida -friendly use of fertilizer on urban landscapes . 24-179 Applicability 24-179(c) Application practices 24-179(h) Exemptions 24-179(j) Fertilizer content and application rates 24-179(g) Fertilizer free zones 24-179(e) Findings 24-179(a) Licensing of commercial applicators 24-179(1) Low maintenance zones 24-179(f) Management of grass clippings and vegetative matter 24-179(i) Purpose and intent 24-179(b) Timing of fertilizer application 24-179(d) Training 24-179(k) General provisions 24-178 Applicability 24-178(a) Appropriate plant selection, location and arrange- ment 24-178(b) Hydrozone plans 24-178(c) Intent 24-176(a) Intersection visibility 24-176(1) Landscape design standards 24-176(j) Landscape plan required 24-176(c) Maintenance and protection of landscaping 24-176(k) Perimeter landscaping requirements 24-176(e) Special administrative remedies 24-176(m) Vehicular use area interior landscaping requirements24-176(d) Scope 24-31 Special Planned Area District (SPA) Development standards and criteria 24-121 Effect on previously approved PUDs 24-126 Expiration of time limits provided in ordinance 24-125 Master site development plan required 24-122 Modifications to previously approved districts or master site development plans, or PUDs 24-124 Permitted uses and site requirements 24-119 Platting 24-123 Purpose and intent 24-117 Required 24-118 Rezoning to special planned area district Materials to accompany application 24-120(c) Ownership and commitment information 24-120(b) Procedure 24-120(a) Stormwater, drainage, storage and treatment require- ments Enforcement 24-68(f) Floodplain storage 24-68(c) NPDES requirements 24-68(e) On-site storage 24-68(b) Stormwater treatment 24-68(d) Supp. No. 46 2131 ATLANTIC BEACH CODE LAND DEVELOPMENT REGULATIONS (Cont'd.) Topography and grading Variances to impervious surface area limits Supplementary regulations Accessory uses and structures Authorization By zoning district In any zoning district; except as to private swimming pools Within all residential zoning districts Boats and watercraft Damage to, destruction of environmentally sensitive areas Intent Live -aboard vessels prohibited Private property rights Public docks and anchoring and mooring restrictions Unlawful to discharge Buffers Required between residential and nonresidential uses Child care Churches Commercial corridor development standards Building form and finish materials Delineation of commercial corridors Fences Intent Landscaping and required buffers Lighting Signs Dumpsters, garbage containers and refuse collection areas and above -ground tanks Establishments offering live entertainment Exceptions to height limitations Fences, walls and similar structures Corner lots Height and location Maintenance of fences Permit required Structures similar to fences Gas stations Access to site Buffer distance between gas stations Discontinuance and abandonment of use Effect on existing gas stations Enhanced landscaping Frontage on commercial arterials Hours of operation Lighting Location of fuel pumps and structures Supp. No. 46 2132 Section 24-68(a) 24-68(g) 24-151(a) 24-151(b) 24-151(b)(2) 24-151(b)(1) 24-174(c) 24-174(a) 24-174(e) 24-174(f) 24-174(d) 24-174(b) 24-167 24-152 24-153 24-171(c) 24-171(b) 24-171(0 24-171(a) 24-171(g) 24-171(e) 24-171(d) 24-160 24-155 24-156 24-157(c) 24-157(b) 24-157(e) 24-157(a) 24-157(d) 24-165 24-165(b) 24-165(1) 24-165(o) 24-165(n) 24-165(g) 24-165(f) 24-165(i) 24-165(d) 24-165(c) • • • CODE INDEX LAND DEVELOPMENT REGULATIONS (Cont'd.) Lot dimensions Number of fuel pumps Outdoor sales of consumable goods Reconstruction Signage Variances Home occupations Approved in accordance with section 24-63 Intent Land clearing, tree removal or damage to existing trees and vegetation Mayport business overlay district Applicability Commercial vehicle regulations Effect of other code provisions Outside storage regulations Permitted uses Purpose and intent Uses -by -exception Neighborhood preservation and property maintenance standards Appropriate maintenance and upkeep Purpose and intent Off-street parking and loading Additional requirements for multi -family residential uses Bicycle parking Design requirements General requirements and limitations for parking areas Location of required off-street parking spaces Measurement Off-street loading spaces Parking areas and tree protection Parking space requirements Plans required Purpose and intent Uses not specifically mentioned Outdoor display, sale, storage of furniture, etc.; busi- ness activities outside of enclosed buildings Parking lots Pharmacies and medical marijuana treatment center dispensing facilities Repair of vehicles in residential zoning districts Residential development standards Additional standards Height to wall plate Requests to vary from residential development standards Supp. No. 46 2133 Section 24-165(a) 24-165(e) 24-165(k) 24-165(p) 24-165(j) 24-165(h) 24-159(b) 24-159(a) 24-168 24-175 24-175(b) 24-175(e) 24-175(g) 24-175(0 24-175(c) 24-175(a) 24-175(d) 24-173(b) 24-173(a) 24-161(j) 24-161(k) 24-161(g) 24-161(b) 24-161(0 24-161(d) 24-161(i) 24-161(1) 24-161(h) 24-161(c) 24-161(a) 24-161(e) 24-154 24-162 24-169 24-163 24-172(c)(2) 24-172(e) ATLANTIC BEACH CODE Section LAND DEVELOPMENT REGULATIONS (Cont'd.) Shade trees 24-172(c)(4) Side wall planes 24-172(c)(1) Special treatment for certain existing single- family and two-family dwellings 24-172(d) Third floor footprint 24-172(c)(3) Applicability 24-172(b) Purpose and intent 24-172(a) Signs 24-166 Storage and parking Commercial vehicles and recreational vehicles and equipment 24-163 Swimming pools, hot tubs, spas and ornamental pools/ ponds Fences 24-164(c) Lights 24-164(a) Setbacks 24-164(b) Use -by -exception 24-63 Variances Administrative variances 24-64 Application 24-65(a) Approval of a variance 24-65(e) Approval of lesser variances 24-65(e) Grounds for approval of a variance 24-65(d) Grounds for denial of a variance 24-65(c) Nearby nonconformity 24-65(f) Public hearing 24-65(b) Time period to implement variance 24-65(h) Transferability 24-65(i) Waiting period for re -submittal 24-65(g) LANDSCAPING Zoning provisions re 24-176 et seq. See: LAND DEVELOPMENT REGULATIONS LEASHING DOGS Provisions re 4-25 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building code Schedule of building permit fees 6-26 Building sewers and connections, permits 22-102, 22-103 Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. Development permits Flood hazard areas 8-23 et seq. See: FLOOD HAZARD AREAS Zoning regulations 24-69 See: LAND DEVELOPMENT REGULATIONS Supp. No. 46 2134 • • • • CODE INDEX LICENSES AND PERMITS (Cont'd.) Franchise agreements See: SOLID WASTE AND RECYCLING Local business license tax See: TAXATION Mechanical permits Plumbing permit See: PLUMBING CODE Private wastewater disposal, permits Sign permits See: SIGNS AND ADVERTISING STRUCTURES Streets, sidewalks and other public places See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Supp. No, 46 2135 Section 16-12 et seq. 20-51 et seq. 6-77 6-58 et seq. 22-88 17-61 et seq. 19-2 et seq. [The next page is 2137] • • • CODE INDEX SHALL; MAY Definition SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS AND ADVERTISING STRUCTURES Cause for removal of signs, abandoned signs, and prohibited signs Prohibited signs and devices Removal of unsafe, damaged or poorly maintained, and abandoned signs Abandoned signs Damaged signs and poorly maintained signs Unsafe signs Community development board See: PLANNING Definitions and references to other chapters within this Code Intent Land development regulations Zoning regulations Supplementary regulations Gas stations; signage "No Solicitation" sign, posting of Noncommercial signs and messages Nonconforming signs and waiver to certain provisions Application Calculation of permitted sign size Enforcement and severability Fees Nonconforming signs Permit required Variances Signs permitted Exempt signs General provisions applying to all permitted signs Signs permitted within commercial and industrial zoning districts Signs permitted within residential zoning districts Signs placed on public buildings and structures and within public parks Signs within conservation (CON) zoning districts Signs within special purpose (SP) and planned unit development (PUD) zoning districts Temporary signs SLEEPING Loitering, sleeping, etc., in streets, parks, etc. Supp. No. 46 2151 Section 1-2 17-42 17-41 17-41(c) 17-41(b) 17-41(a) 14-16 et seq. 17-2 17-1 24-165(j) 18-5 17-3 17-62 17-63 17-65 17-64 17-51 17-61 17-52 17-26 17-27 17-29 17-28 17-32 17-31 17-30 17-33 13-2 ATLANTIC BEACH CODE SMOKE DETECTORS Fire prevention and life safety Smoke detection power source Section 7-33 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES SOLICITATION Aggressive solicitation prohibited 13-12 SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 18-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18-4 Violations and penalties 18-9 SOLID WASTE AND RECYCLING Annual review of fees 16-11 Burial of solid waste 16-6 Definitions 16-1 Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Fees for collection 16-10 Franchise agreements Application; fee action by city commission 16-20 Authority of permit holders 16-25 City's collection exempt from sections 16-10 through 16-18 16-19 Conflict of provisions 16-31 Effective date 16-32 Enforcement 16-29 Franchise award procedures 16-14 Franchise fees 16-16 Grant of authority 16-13 Issuance of permit 16-21 Noncompliance 16-17 Ownership of recyclable materials 16-26 Permit requirements and rules 16-22 Permits not transferable 16-24 Prima facie evidence of production of garbage; duty of city to inspect premises 16-28 Supp. No. 46 2152 • • • • CODE INDEX Section SOLID WASTE AND RECYCLING (Cont'd.) Private refuse collectors; collection of commercial recycling and construction and demolition debris 16-18 Residential and commercial solid waste collection franchise 16-12 Restrictions on removal of deposited recyclables 16-27 Revocation or suspension of permits 16-23 Term 16-15 Violations and penalties 16-30 Garbage and trash containers 16-3 Hazardous or electronic waste 16-5 Land development regulations Concurrency management system; capacity and level of service inventory Solid waste disposal 24-279(c) Dumpsters, garbage containers and refuse collection areas and above -ground tanks Zoning regulations 24-160 See also: LAND DEVELOPMENT REGULATIONS Leaves and grass clippings; tree trunks 16-4 Removal of lot clearing, contractors' debris; oil and grease 16-8 Solid waste collection 16-2 White goods, bulk items and special pickups, procedure and fees for removal 16-9 SPECIAL MAGISTRATE Administrative fines; cost of repairs; contests; liens; money judgments 2-150 Appeal 2-152 Appointment; qualifications; term 2-143 City attorney 2-146 Code enforcement board dissolved; references revised 2-142 Compensation 2-144 Duration of lien 2-151 Intent of article 2-141 Jurisdiction 2-147 Minutes of hearings; clerical and administrative personnel 2-145 Powers 2-149 Procedure; enforcement and hearings 2-148 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STORAGE Zoning regulations Development, construction, storage within zoning districts Supp. No. 46 2153 ATLANTIC BEACH CODE Section STORAGE (Cont'd.) All structures 24-67(c) Temporary construction trailers or structures 24-67(a) Temporary storage structures and uses 24-67(b) Outdoor sale, storage of furniture outside of enclosed buildings 24-154 Storage and parking of commercial vehicles and recreational vehicles and equipment 24-163 Stormwater, drainage, storage and treatment require- ments 24-68 STORM DRAINAGE. See: DRAINAGE STORMWATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard areas 8-1 et seq. See: FLOOD HAZARD AREAS Land development regulations Concurrency management system; capacity and level of service inventory Stormwater and drainage 24-279(d) Zoning regulations Stormwater, drainage, storage and treatment require- ments 24-68 See also: LAND DEVELOPMENT REGULATIONS STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 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 Supp. No. 46 2154 • • CODE INDEX Section 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 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 Communications facilities in public rights-of-way Abandonment of a communications facility or utility pole 19-48 Appeals 19-40 At -grade facility, below -grade facility, wireline facility, and utility pole permit conditions 19-36 Collocation fees 19-37.7 Construction bond 19-45 Definitions 19-32 Enforcement remedies 19-47 Existing communications facility 19-42 Fees applicable to those not subject to communications services tax 19-41 Findings, intent and scope 19-31 Indemnification 19-44 Insurance 19-43 Involuntary termination of registration 19-39 Make-ready work 19-37.6 Notice of transfer, sale or assignment of assets 19-34 Objective design standards 19-36.1, 19-37.4 Performance bond 19-46 Permit requirements; application; review timeframes 19-37.2 Registration 19-33 Reservation of rights 19-49 Revocation or suspension of development permits 19-38 Rules, regulations and general conditions to placement of and use of communications systems and facilities and utility poles in the public right-of-way 19-35 Short title 19-30 Small wireless facility collocation permit conditions 19-37.3 Waiver of objective design standards for small wireless facilities 19-37.5 Supp. No. 46 2155 ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Waiver of the objective design standards for at -grade facilities, below -grade facilities, wireline facilities, and utility poles 19-36.2 Wireless facilities 19-37 Wireless facilities allowed in the public rights-of-way19-37.1 Community development board 14-16 et seq. See: PLANNING Construction within and/or use of city rights-of-way 19-1 Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed 4-25 Dogs or cats running at large on public streets 4-24 Driveways Construction of driveways in rights-of-way 19-7 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 streets 12-1(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 Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Permits and revocable licenses required 19-2 Public place defined 1-2 Safety zones 19-5 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Special events 19-4 Closing of streets for various events 19-3 Subdivision and site improvement regulations Design and construction standards Clearing and grading of rights-of-way 24-258 Easements 24-254 Supp. No. 46 2156 • • CODE INDEX Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Streets 24-252 Subdivision regulations 24-186 et seq. See: LAND DEVELOPMENT REGULATIONS Traffic calming devices 19-6 Trees and native vegetation protection ......... 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTEC- TION Utility placement within city rights-of-way Applicability 19-20 Authority to implement article 19-26 Fees authorized 19-24 Moving or removal of utility lines 19-25 Noncompliance unlawful 19-27 Permit required 19-21 Provisions of permit 19-22 When bond may be required 19-23 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 SUBDIVISIONS Subdivision and Site Improvement Regulations 24-186 et seq. See: LAND DEVELOPMENT REGULATIONS Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTEC- TION SUPPLEMENTATION OF CODE Revisions re 1-10 SURETY BOND. See: BOND, SURETY SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches, regulations for 5-1 et seq. Surfboards 5-5 SURVEYS Community development board Special survey work of city manager 14-20(10) SWIMMING Beaches, regulations for 5-1 et seq. See: BEACHES SWIMMING POOLS Zoning regulations for swimming pools 24-164 SYNDICATES Definition of "person" to include syndicates 1-2 Supp. No. 46 2157 ATLANTIC BEACH CODE Section T TAXATION Additional homestead exemption Annual adjustment to household income 20-83 Annual filing of household income statement 20-84 Authorized 20-82 Definitions 20-81 Exercise of municipal powers 20-80 Certain ordinances saved from repeal 1-5 Homestead exemption. See herein: Additional Homestead Exemption Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Local business license tax Businesses falling under more than one classification 20-55 Compliance by receipt holders 20-56 Definitions 20-51 Due dates and delinquencies; penalties 20-54 Exemptions 20-58 Half-year receipts 20-53 Inspections 20-52.1 Levy 20-52 Operating more than one location 20-55 Schedule of fees 20-59 Transfer 20-57 Public service tax Duty of seller to collect tax and pay same to city 20-17 Exemption of governmental agencies and churches 20-19 Failure of seller to collect tax 20-17 Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptions 20-32 Levy; when payable 20-31 Monthly payments; computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls, limitation as to 20-35 Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Supp. No. 46 2158 • • • • CODE INDEX Section TAXATION (Cont'd.) Streets, sidewalks and other public places Communications facilities in public rights-of-way Fees applicable to those not subject to communications services tax 19-41 Telephone service. See herein: Public Service Tax TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TENANTS -*- Definition of "owner" to include tenants 1-2 TENSE Defined 1-2 TIME, COMPUTATION OF Defined 1-2 TOBACCO, TOBACCO PRODUCTS Tobacco product placement 13-14 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform Traffic Control Devices 21-1 Beaches, regulations for 5-1 et seq. Operating motorized apparatus within two hundred feet of 5-7 Parking of sailboats on beaches not to obstruct lifeguard activities 5-6 Use of vehicle on beach safety zone 5-16 Certain ordinances saved from repeal 1-5 Definitions 21-2 Motor vehicle title loans Maximum interest rate 21-62 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transactions 21-61 Transition period for regulations, restrictions and licen- sure provisions 21-66 Violations and penalties 21-65 Permit required for parades and processions 21-3 Supp. No. 46 2159 ATLANTIC BEACH CODE Section TRAFFIC (Cont'd.) Safety zones 19-5 Stopping, standing and parking on public property Compliance with signs prohibiting parking required 21-19 Controlled and metered parking Charges; overtime parking; enforcement 21-44 General provisions 21-43 Immobilizing and towing of vehicles 21-45 Pay for parking revenue fund 21-46 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Removing and impounding 21-42 Schedule of fines 21-38 Manner of stopping, standing or parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking limitations 21-20 Prohibited in specific areas 21-17 Unregistered and inoperable vehicles Enforcement 21-89 Intent 21-87 Limitations 21-88 Vehicles for hire Advertising, manner of 21-77 Citations authorized; penalties provided 21-85 Classification 21-76 Criminal activity, engaging in 21-83 Equipment and safety requirements 21-80 For -hire drivers 21-82 Inspection 21-79 Printed matter appearing on a vehicle for hire, except limousines; certain information required; advertising regulated 21-78 Rates and charges 21-84 Taxicabs, meters required for 21-81 Wrecker service Charges for towing and storage 21-51 Establishment of rotating wrecker call list 21-50 Liability insurance 21-53 Repairing motor vehicles without authorization prohibited 21-54 Towage and storage charges 21-55 Wreckers to be equipped at all times 21-52 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES Supp. No. 46 2160 • • • • • CODE INDEX Section TRAPPING Trapping birds, wild fowl, etc 4-4 TRASH. See: GARBAGE AND REFUSE Supp. No. 46 2160.1 • • • CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Building sewers and connections (Contd.) Connections (Cont'd.) Connection of roof downspouts, foundation drains, surface runoff, etc 22-108 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Concurrency management system; capacity and level of service inventory Sanitary sewer 24-279(a) Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees 22-169 Sewer user rates and charges. See herein that subject Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Supp. No. 46 2165 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Contd.) Public sewers Depositing, discharging, etc., garbage into public sewers 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Monthly wastewater base facilities charges 22-166 Payment of connection fees and system development charges 22-171 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-259 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Supp. No. 46 2166 • • • • CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Discharging untreated wastewater or polluted waters into natural outlets, etc. 22-72 Installation of toilet facilities required; connection of facilities to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Environmental and natural resource regulations Protection of wetland, marsh and waterway resources 24-271 et seq. See: LAND DEVELOPMENT REGULATIONS Flood hazard areas 8-1 et seq. See: FLOOD HAZARD AREAS Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 Subdivision and site improvement regulations Design and construction standards; easements Centralized sewer and water services 24-259 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 Liability of consumer for charges 22-23 Property owner responsible to city for water charges 22-26 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Supp. No. 46 2167 ATLANTIC BEACH CODE Section WATERWORKS SYSTEM (Cont'd.) Testing of meters Liability for cost of testing, adjustment of bills 22-21 Vacant houses No allowance to be made for unless water shut off 22-23 Water impact fees 22-28 Water service, charges for 22-27 Connections Approval of plumbing prior to connection with water system 22-35 Connection charges; initial payment of minimum water rental 22-16 Connection of private water systems to city systems prohibited 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-15 When bills become delinquent 22-29 Cross connection control Cross connections; backflow devices 22-43 Definitions 22-42 Deposits Temporary service 22-17 Utility deposits 22-27.1 Determination of type of service for each consumer 22-25 Easements Granting necessary easements by consumer 22-18 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Interruptions in service Liability of city 22-36 Land development regulations Concurrency management system; capacity and level of service inventory Potable water 24-279(b) Subdivision and site improvement regulations Design and construction standards Centralized sewer and water services 24-259 Wellhead protection 24-263 et seq. See: LAND DEVELOPMENT REGULATIONS Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-24 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-21 Adjustment of bills 22-21 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Supp. No. 46 2168 • • • 410 CODE INDEX Section WATERWORKS SYSTEM (Cont'd.) Private water systems Connection of to city system prohibited 22-32 Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Prohibited acts 22-33 Reclaimed water system Billing and collection of fees 22-364 Charges for service 22-365 City not liable for interruptions in service; right of city to restrict use of water 22-363 City's right to refuse service 22-361 Connection required 22-353 Cross connection control 22-356 Definitions 22-350 Design, construction and ownership of new facilities 22-354 Discontinuance of service 22-360 Inspections 22-358 Purpose, public policy and benefits 22-351 Relationship to other laws 22-352 Restrictions on use of wells 22-359 Unauthorized work on facilities 22-357 Use of reclaimed water 22-355 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water conservation 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 WEEDS AND BRUSH Nuisances enumerated. See also: NUISANCES Allowing weeds to grow, etc. 12-1(b)(3) Trees and native vegetation protection 23-1 et seq. See: TREES AND NATIVE VEGETATION PROTEC- TION WELLS Abandoned wells, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells, etc 22-33 Supp. No. 46 2169 ATLANTIC BEACH CODE Section WELLS (Cont'd.) Wellhead protection Environmental and natural resource regulations 24-263 et seq. See: LAND DEVELOPMENT REGULATIONS WETLANDS Environmental and natural resource regulations Protection of wetland, marsh and waterway resources ... 24-271 et seq. See: LAND DEVELOPMENT REGULATIONS WILD FOWL Trapping, hunting, molesting, etc., of birds prohibited; exception 4-4 WINDOWS. See: DOORS AND WINDOWS WRECKER SERVICE Traffic and motor vehicles 21-50 et seq. See: TRAFFIC AND MOTOR VEHICLES WRITING Defined Y YARD SALES Outdoor display, sale, storage of furniture, household items, etc. 1-2 24-154 YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning requirements 24-1 et seq. Yards, required 24-82 See also: LAND DEVELOPMENT REGULATIONS Z ZONING REGULATIONS. See: LAND DEVELOPMENT REGULATIONS Supp. No. 46 2170 • •