5-8-23 Special Meeting Attachment A(Appeal of administrative decision of the Planning and Community Development Director that mini‐warehouse/personal storage facilities are NOT a permitted use within the Commercial, General (CG) zoning district)AAP23‐0001Attachment A to 5-8-23 SC Meeting
Appeals in Chapter 24Section 24‐48 –Planning and Community Development Director…. “…administer and implement this chapter and accomplish actions required by this chapter…”Section 24‐46 –appeals of the admin. decision of the Planning and Community Development Director may be made by any adversely affect person and is to be heard by Commission.Attachment A to 5-8-23 SC Meeting
Appeal is different than a waiver or variance request in that an appeal alleges that an error has been made in an order, requirement, or administrative decisionmade by the planning and community development director.Commission will evaluate the information and approve or deny the appeal based on the factsAttachment A to 5-8-23 SC Meeting
Applicant wants to demolish and rebuild the existing mini‐warehouses/personal storage facilitates in the Commercial General Zoning district. Attachment A to 5-8-23 SC Meeting
Applicant wants to demolish and rebuild the existing mini‐warehouses/personal storage facilitates in the Commercial General Zoning district. Attachment A to 5-8-23 SC Meeting
Non‐Conforming UsesSec. 24‐84. ‐ Lots of record and nonconforming lots of record.(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. Furthermore, the presence of any nonconforming 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.Attachment A to 5-8-23 SC Meeting
Sec. 24‐84. ‐ Lots of record and nonconforming lots of record.(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.(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.(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.Attachment A to 5-8-23 SC Meeting
1982:Included in Commercial Intensive (CI) as use by exception1985:The CI district removed/eliminatedMini warehouses not allowed in Commercial General (CG)Mini warehouses added to Light Industrial (LIW) as permitted use1986:Mini warehouses added as use by exception in CGStill permitted use in LIW2001 code rewrite:Still ubex in CGStill permitted use in LIW2003 code rewrite:Removed as ubex in CGStill permitted use in LIWCode TimelineAttachment A to 5-8-23 SC Meeting
Staff’s determination of UseStaff determines that the existing use and proposed use meets the definition of mini‐warehouse or personal storage facilities in 24‐17.“Mini‐warehousesorpersonal storage facilitiesshall include all those businesses, which are utilized for the sole purpose of storage of tangible personal propertyother than motor vehicles. No business activity shall be conducted within mini‐warehouses or personal storage facilities.”Attachment A to 5-8-23 SC Meeting
Staff’s determination of Zoning DistrictStaff determines that the properties are located within the Commercial General (CG) zoning districtsAttachment A to 5-8-23 SC Meeting
Staff determines that the properties are NOTa permitted use within CG.24‐112(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 neighborhoodsSection 24‐112 – Commercial General District“Commercial general district,” mini‐warehouses or personal storage facilities is not listed as a permitted use or a use‐by‐exception within this zoning district. Further, subparagraph (b) of this section specifically does not allow storage facilities stating:Attachment A to 5-8-23 SC Meeting
“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 includemanufacturing, warehousing, storageor 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.”Attachment A to 5-8-23 SC Meeting
(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), homefurnishings 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 withsection 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 withinsection 24-17. (12) Institutional and government uses, buildings and facilities.(13) Churches in accordance withsection 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).(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 ofsection 24-169.(18) Gas stations, subject to the requirements ofsection 24-165.(19) Convenience stores subject to the requirements ofchapter 13, article 4 as applicable.(20) Electric charging stations.(21) Car washes.Permitted uses in CGAttachment A to 5-8-23 SC Meeting
“….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. ….”Attachment A to 5-8-23 SC Meeting
Mini‐warehouses and personal self‐storage is specifically listed as a permitted use within the Light Industrial and Warehousing (LIW) zoning district which is intended for “storage and warehousing”, per Section 24‐113. Attachment A to 5-8-23 SC Meeting
Property meets the definition of a mini‐warehouse /personal storage facilitiesProperty is Zoned CGThis use is NOT permitted in this district It is not “…possible to list all potential permitted or prohibited general …..Such uses shall not includemanufacturing, warehousing, storageor high intensity commercial ….”LIW specifically list this as a permitted use Staff’s admin. decisionAttachment A to 5-8-23 SC Meeting
Commission will evaluate the info. and approve or deny the appeal Approval of the appeal = the planning and community development director admin. decision is NOT correct= mini‐warehouse /personal storage is ALLOWED in CG. Denial of the appeal = plng. & comm. dir. admin. decision IScorrect= mini‐warehouse /personal storage isNOTallowed in CG.Commission ActionAttachment A to 5-8-23 SC Meeting
Applicant’s PresentationAttachment A to 5-8-23 SC Meeting
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Commission will evaluate the info. and approve or deny the appeal Approval of the appeal = the planning and community development director admin. decision is NOT correct= mini‐warehouse /personal storage is ALLOWED in CG. Denial of the appeal = plng. & comm. dir. admin. decision IScorrect= mini‐warehouse /personal storage isNOTallowed in CG.Commission ActionAttachment A to 5-8-23 SC Meeting