Redline Chapter 24 1.17.24 impervious and turf language removedChapter 24 - LAND DEVELOPMENT REGULATIONSW
Footnotes:
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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 No. 90-10-212, adopted March 8, 2010, repealed and replaced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 A), adopted July 8, 2019, repealed Ch. 24 in its entirety and enacted a new, revised Ch. 24 as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 reference- 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.
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 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 requirements of any zoning or land development
regulations, the provisions of the comprehensive plan shall prevail. The city commission shall have the
authority to amend the adopted comprehensive plan in accordance with the process established within
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.
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.
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.
(g)
(i)
(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.
Accessory dwelling unit shall mean an ancillary or secondary living unit, that has a separate kitchen,
bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary
dwelling unit.
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 entertainment shall mean those terms established in F.S. 847.0001.
Adult family 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 no more than five (5) -e -r
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.
Amusement attraction shall mean anv building or structure around, over, or through which persons
mav move or walk, without the aid of anv moving device integral to the building or structure, which
building or structure provides amusement, pleasure, thrills, or excitement. This term does not include
(1) Anv Game or machine that uses mechanical slot reels, video depictions of slot machine reels or
symbols, or video simulations or video representations of anv other casino game, including, but
not limited to, anv banked or banking card game, poker, bingo, pull -tab, lotto, roulette, or craps.
(2) A (lame in which the player does not control the outcome of the (lame through skill or a (lame
where the outcome is determined by factors not visible. known. or predictable to the player.
(3) A video poker name or anv other game or machine that mav be construed as a gambling device
under the laws of this state.
(4) Anv Game or device defined as a aamblinq device in 15 U.S.C. s. 1171, unless excluded under
15 U.S.C. s. 1178.
Animal hospital. See "Veterinary clinic."
Apartment house. See "Dwelling, multifamily."
Appeal shall mean a request for the rehearing or review of a decision made pursuant to anv
Provision of this chapter.
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.
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. Arbors are typically much smaller than a
trellis or peraola and are often arched and used to define a point of entry.
Artificial turf shall mean an artificial grass mat manufactured with manmade materials such as
Polypropylene. polyethylene. and/or other materials. which is used to replicate the appearance of natural
grass.
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.
Assisted living facility shall mean any building or buildings. section or distinct part of a building.
private home, boarding home, home for the aged, or other residential facility. regardless of whether
operated for profit, which through its ownership or management provides housing, meals, and one or
more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the
owner or administrator.
Automatic irrigation system shall mean an artificial watering system with a programmable 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. Such facilities are primarily engaged in the retail sale of motor fuel or lubricants, but
which may also include facilities for washing, polishing, waxing, oil changes, and other minor services.
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.
Awning shall mean a light roof -like structure, supported entirely by the exterior wall of a buiding;
consisting of a fixed or movable frame covered with cloth, fabric, vinyl, plastic or metal: extending over
doors. windows, and/or show windows: with the purpose of providing protection from sun and rain and/or
embellishment of the facade.
Bay window shall mean a window or series of windows forming a bay in a room and proiectinq
outward from a wall.
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 of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum
specified on the flood insurance rate map (FIRM.shown on the FEMA flood inccawce rate map for zones
AE, AH, Al A30, AR, AR/A, AR/AE, AR/n1 A30, AR/AO, V1 V30, and VG that indicates the water
surface elevation resulting from a flood thct h&c a one peroont-fiance 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 •• .. - _ . _... •: 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.
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 general permit line or, if one does not exist, 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 construction 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 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.
Change of use shall mean discontinuance of an existing use and the substitution of a different use
as classified by these land development regulations. In the case of question regarding use, such use shall
be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United
States Office of Management and Budget.
Child care means the care, protection, and supervision of a child, for a period of less than 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.
-Clin-io shall moan an naabliahmont whcrc patients, who arc not kcpt overnight, are admitted for
cRcmir ztion 3-14 trcvtmont by one (1) percon or a group of perovnc p; cn ;ing any form of healing or
health czrvices to individuals, whether such persons be medical doctors, chiropractors, osteopaths,
chiropedictn naturopaths, optometrists; dentists or any such profession, the practice of wh`h is lawful in
th 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 membership.
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 a cine th Icings extending a depth of one hundred (100) feet outward from the
which ars ,Nytil)l.y within said one hundred (100) feet.
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.
Commercial vehicle shall mean any vehicle designed, intended, or used for transportation of people,
goods. or things. other than private passenger vehicles and recreational vehicles. The term shall include,
but is not limited to. the following:
(a) Semitrailer: All two or more wheeled vehicles designed to be coupled to and drawn by a motor
vehicle.
(b) Truck: A motor vehicle designed with or modified to contain externally mounted machinery,
equipment, or modifications for the purpose of lifting objects or persons above the height of the
vehicle. This term includes, but is not limited to. wreckers. two trucks. dump trucks. and moving
vans.
(c) Bus: Any vehicle designed or modified for transportation of fifteen (15) or more people, including
the driver. in seats permanently placed in the vehicle.
Communication tower means a tower which supports communication equipment (such as radio, tv or
telecommunications for either transmission or receiving). The term "communication 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.
Community residential home, large shall mean a dwelling unit licensed to serve residents who are
clients of the Department of Children and Families or licensed by the Aaencv for Health Care
Administration which provides a living environment for seven (7) to fourteen (14) unrelated residents who
operate as the functional equivalent of a family, including such supervision and care by supportive staff as
may be necessary to meet the physical, emotional, and social needs of the residents.
Community residential home, small shall mean a dwelling unit licensed to serve clients of the
Department of Children and Family Services, which provides a livina environment for six (6) or fewer
unrelated residents who operate as the functional equivalent of a family, including such supervision and
care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the
residents.
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.
Contractor's yard shall mean a yard where equipment and material are stored.
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 the an objective m surcmcnt of the number of people or residantisl unite
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.
Dental laboratories shall mean establishments primarily engaged in making dentures, artificial teeth,
and orthodontic appliances to order for the dental profession.
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 or 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.
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.
(3)
(5)
(6)
(7)
Demolition of a structure.
Clearing of land as an adjunct of construction.
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 any utility ander other persons engaged in the distribution or transmission of gas,
electricity, or water, for the purpose of inspecting, repairing, or renewing or construction on
established rights-of-way or corridors, or constructing on established or to -be -established
rights-of-wav or corridors, 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.
Work for the maintenance, renewal, improvements 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.
(3)
(4) The use of any structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling.
(5) The use of anv land for the purposes of growing plants, crops, trees, and other agricultural
or forestry products; raising livestock; or for other agricultural purposes.
(6) A change in use of land or structure from a use within a class specified in an ordinance or
rule to another use in the same class.
(76) A change in the ownership or form of ownership of any parcel or structure.
(86) The creation or termination of rights of access, riparian rights, easements, distribution and
transmission corridors, 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 a single development
parcellots.
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.
Driveway shall mean a compacted or paved area intended to provide ingress or egress of vehicular
traffic from a public right-of-wav or an approved private road to an off-street parking area or other vehicle
use area.
Driveway, circular shall mean a driveway with two points of access within the same frontage.
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 commercial/private 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.
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 Management 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 identification 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;
(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.
Facade shall mean the section of any exterior elevation on the structure extending from finished floor
to the top of the wall, the parapet, or the eave and the entire width of the building elevation.
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.
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. A9inimam roquircd finishcd floor cicvation is cstablished by the FEMA inaursnoo rato m p
(FIRM) and expressed as the minimvm elevation of the top of the first floor of a building. Minimum VE
within iho '
subsestic\n 21-Q 1(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 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.
Food truck. See "mobile vending units."
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).
Frontage, lot shall mean the length of property abutting a private or public richt-of-way.
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.
Gallery shall mean a one- to two-story colonnaded structure attached to the front of a building that
proiects out over a sidewalk providing shade and protection from the elements. It is typically used for
around floor commercial frontages.
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 24-15189.
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.
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' 33'
Recon=struction
Established
Grade-\
7'
Figure 1 Grade, established
Grade, preconstruction shall mean the elevation of a site prior to development, redevelopment, 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.
Gym shall mean a commercial establishment or use where physical exercise or training is
conducted, with or without the option for having one-to-one instruction, using equipment or open floor
space, and may have accessory uses provided they are in support of the primary use.
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 measurement 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 or in part, from a residential property with -ill
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 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, landscaping, 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.
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 elemcnt her c 2olid 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.
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
(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 (average) horizontal distance between the side lot lines, measured at
right angles to its depth at points twenty (20) feet from the middle point of the front lot line. the middle of
the lot, and twenty (20) feet from the middle point of the rear lot line.
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.
Manufacturing shall mean the basic industrial processing utilizing extracted or raw materials, or
warehousing or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts,
air or water emissions, noise, odor, vibration or other offensive conditions detectable outside of the
structure housing the manufacturing operation.
Manufacturing, light, shall mean the processing, fabrication, assembly, repair, packaging, and
incidental warehousing, sales and/or distribution of finished products or parts predominantly from
previously prepared materials: excluding basic industrial processing utilizing extracted or raw materials,
and excluding warehouse or manufacturing processes that potentially involve hazardous chemicals, toxic
byproducts, air or water emissions, noise for a period longer than eight daytime hours, odor, vibration or
other offensive conditions detectable outside of the structure housing the light manufacturing operation.
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.
Marquee shall mean a permanent roofed structure attached to and supported entirely by a building;
including anv object or decoration attached to or part of said marquee; no part of which shall be used for
occupancy or storage; with the purpose of providing protection from the sun and rain or embellishment of
the facade.
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.
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 laboratories shall mean the establishments primarily engaged in providing professional
analytic or diagnostic services to the medical profession.
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 appliances,
dentures, eyeglasses, hearing aids and similar medical products.
Mini -warehouses, mini -storage 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 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.
Offices, medical and dental shall mean outpatient establishments offering patients medical services,
examinations and treatments bv professionals trained in healing or health-related practices, including, but
not limited to, medical doctors, dentists, chiropractors, osteopaths, podiatrists, optometrists, or any similar
profession licensed bv the state, as well as those technicians and assistants who are acting under the
supervision and control of an on-site licensed health care practitioner. This term shall not include
establishments where patients are lodged overnight or veterinarian services.
Offices, professional shall mean establishments providing executive, management or professional
services to the public, including but not limited to the following: advertising services: business offices of
private companies: business offices of utility companies; public or nonprofit agencies; trade associations;
employment offices (excluding day labor and labor pool services), professional or consulting offices for
accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban
planning and similar professions; property and financial management; real estate; telecommunication
services; and travel agencies.
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.
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.
Parapet shall mean a wall extension above the roof line designed to screen flat roofs and rooftop
appurtenances.
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.
Pergola shall mean a structure of posts or columns supporting an open roof of beams, crossing
rafters or trelliswork.
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 or
overlay 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 Classification (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.
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.
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 mean a vehicular portable structure built on a chassis with its own
wheels, either self-propelled or towed by another vehicle, designed to be used as a temporary dwelling.
for travel, vacation, camping or recreational purposes and including travel trailers, camping trailers,
Pickup campers, converted buses, motor homes, tent trailers, pop -UP trailers and similar devices which
travel on wheels on the ground. Boats which are customarily transported from place to place and the
trailers used for transporting them shall be deemed to be recreational vehicles Recreational vehicles shall
no include airplanes.include the following types of vehicles:
{a) Travel trailer oh:JJ. m.,an a vehicular, portable struotxo built on a ohmic and towed; designed
tsh^6:seeGEatw-npas a travc troilc ley -the moncfac . - _ • - - - - - - - - - - -- - a body width not exceeding eight (8) feet and a body length not exceeding thirty two (32) feet.
(b) Pickup coach shall me`en c strvc . - _ e•-_ _ _. _ _ • . .tk cbnssis with sufficient
equipment to renda, it ecztabl
uses.
(c) Camping trailer chall nr..2nn n sOnpcibltemporary dwelling covered with a water repellent
fabric, mounted on wheels and designed for travel, recreation and vacation uses.
(d) Auto camper shall nrnn n lightweight, collapsible unit that fits on top cif on automobile and into
the trsnk
(e) Vans ar oimilc enclosed vehicles specially equipped for camping.
Recycling collection center shall mean a facility where recovered materials (generally newspapers,
Plastics, metals, glass, and paer) are delivered for further processing (sorting, baling, condensing, etc.)
for shipment to recovered material markets.
Remodel, major shall mean a project that has fifty (50) percent or more of a dwelling's exterior walls,
measured in linear feet, removed. Removal means either that no studs remain or that if some studs
remain, the wall except for the studs has been stripped bare such that one can see through the wall. Any
Portion of an exterior wall so described shall be included in the calculation.
Repair shall mean restoration of portions of a building to its condition as before decay, wear, or
damage, but not including alteration of the shape or size of any portion.
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.
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. Retail establishments are generally engaged in activities to attract the
general public to buy and sell to customers for personal or household use. This definition shall not include
those establishments that sell merchandise for use exclusively by business 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 prescription, 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 manufacturing 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 obstructing 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, arocery stores, consultant
firms, 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.
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.
Signch iII rmnn any - _ , . n, illustration, or device illsminated er n� ll►minat
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 pormxnontly installed or
situated merchandise; or any emblem, painting, banner, penrnnt, p'ncard, designed to advertise, identify,
or convey information, with the exception of customary window displays, offi, ps;l 'io notices and court
mate -s raquired by federcl, s+iA.+_
intended for individual Sictriketion to members of the public, attire that is feeing worn, badges, anS similar
personal gear. Sinn sho l also include all outdoor advertising displays as described within Section
3104.1.1, Florida Building Code, and all sins shall conform to the requirements of Section 3108 of the
Florida Building Code.
COO
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.
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 stormwater 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.
(
RIGHT-OF-WAY WIN!. >
Figure 2 Street
Street classifications shall mean the classification of streets into the following three (3) categories:
Arterial highway system: The group of roads cc"etituting the highest degree of mobility and largest
proportion of total travel. Serves a large percentage of travel between cities and other activity
centers, provides trips of moderate length, and serves adiacent geographic areas.
Collector road system: The group of roads providing a mix of mobility and land access functions,
typically within a given county or Lx.b.:xn a , , linking major land uscs to ch othcr or to the arterial
highway system. The collector road system is composed of rursl msjor collector roaskG, minar
collector roado and :urbsn collectors (differentiation between major and minor classes is not made in
urbsn sreas)—Collects traffic from local streets and connects them with arterials; provides more
access to adiacent properties compared to arterials.
Local street system: The group of roads having land accto To thoir primsry purpose, typically within
a portion of a county or urbsn -.:r„ . Although providing the largcst proportion of road milcs, this
system contributes little to total highway travel due to short trip lengths and low volumoo. Any road
not defined as arterial or collector, primarily provides access to land with little or no through
movement.
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.
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.
Substantial improvement shall mean anv repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the
market value of the building or structure before the improvement or repair is started. If the structure has
incurred "substantial damage," anv repairs are considered substantial improvement regardless of the
actual repair work performed. The term does not, however, include either:
(1) Anv proiect or improvement of a building required to correct existing health, sanitary, or safety
code violations identified by the building official and that are the minimum necessary to assure
safe living conditions.
(2) Anv alteration of a historic structure provided the alteration will not preclude the structure's
continued designation as a historic structure.
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
Any wetland.
(3)
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.
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.
Trellis shall mean a frame supporting latticework, used as a screen or a support for growing vines or
plants.
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.
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 a property located in the commercial and
i c!wctrial 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.
Warehouse or warehousing shall mean a building used primarily for the storage of equipment, goods
and/or materials.
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.
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.
Wholesale or wholesaling shall mean establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors. or
professional business users: or to other wholesalers: or acting as agents or brokers in buying
merchandise for or selling merchandise to such persons or companies.
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, architectural proiections, accessory
structures 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 or restriction line as established by the zoning district designation
or plat.
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 or restriction line as established by the zoning district
designation or plat.
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 or plat.
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
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
Duplcx Dwalling, Tvoc Fcrxily
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
TMS Traditional Marketplace
TNCP 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. Administrative 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.
(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.
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.
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.
(f)
(g)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Sec. 24-47. - Community development board.
The community development board shall be appointed by the city commission. The organization and
procedures under which this board operates, its arrangement of meetings, adoption of rules and its
method of hearing and acting upon 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 rendition 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.
(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 development board and
the city commission related to zoning and land use matters.
To review site development plans, applications for certain building permits, including 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 administrative variances in accordance with section 24-64.
or minor variances to development design standards as set fc'th in thic chapter, excluding
changes to 6ct o; ca, ct.:rfa
is not more than five (5) perccnt from the standard or req&/oment;quested to be waived. Such
minor variancas shc)).. b., _ - -• - _ _ _ _ _ _ an s single
(g)
property an shall e _ • - _ _• • .. . n justification as set forth within section 24 65(c) or
as demonstrated is K se^6y ve a protected tree. Where such variances aro requested for side
setbacks on both sides of a parcel, the s.,in Ictive to be waived s,"c:II n -
of the required setback for a single side. For example, where the required side setback is a
combined fifteen (15) feet with s minimurn on one (1) side of five (5) ferat, tho 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 cumuiiv- _ _ e • - - , • r. Similprly,-
maximum permitted to be waived on either thc front or rear or in cambins:ion is twelve (12) inches.
Minor dimensional variances may also be authorized whero an incdv tint purveying error has
resulted in placement of a building not more than four (4) inches outside of a required building
setbaok limo. In sao• . - . - -iEIL\.^;ion shell Ice provided by thc surveyor, which shall
mmu<n part of the building permit file.
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.
(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 responsibilities assigned to the
planning and community development director as may be necessary to carry out properly, the
functions of the office.
(i)
(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 ton 40) buan000 days from thc date
thrs 1.:1;s is filvd.
(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 cep—al 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 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
determination 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.
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 vested determinations. An appeal of a vested determination may be made in accordance
with the processes of section 24-49(a).
(3)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
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
application 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
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 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 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 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 fiftyten (540) 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 1663.041. All public
hearings shall be held on a weekday after 5:00 p.m.
(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 amendments 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.
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 commission.
(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.
Advertisements for 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 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 euVio hearing, notice
shall be sent Ly L' S. mail to each rein iv is culejsct act -to -the
proposed text change and also to owners whose land is within three hundred (300) feet
c the ss;hject parcel(s) and whose addrecc is kn - - - • - _ - ..
valorem ton records. The notice shall 0i/to-the datc(s), timc(s), place(s) of the public
hearing(s) and the place or places within thc city where the application may be
inspected by the public. The notico arae advi: a thd. interested parties may appear
- - - --- - - - _ o ohdl be
kept available for public inspectian-d-u-ri-Rgthe re .cr basin000 hours of thc office of the
city clerk.
b. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a
sign identifying the ordinance, including date(s), time(s) and place(s) of the public
hearing(s), shall be posted along the street frontage of city hall and city community
centers.
c. Online notice. A notice identifying the ordinance, including date(s), time(s), and place(s)
of the public hearing(s), shall be posted to the front page of the City of Atlantic Beach
website.
(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 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 requirement, nor shall it be grounds to challenge the validity of any
decision made by the community development board or the city commission.
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 ('/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 development
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
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.
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 designation 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 (%) 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 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 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.
(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
(i)
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.
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.
(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.
(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
(1)
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.
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.
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.
APPROVAL AUTHORITY
Community
City
Staff Development
Commission
Board
Zoning code or map change X* X
Comprehensive plan amendment X* X
Use -by -exception X
Administrative variance X
Variance X
Waiver X* X
Subvision Plat
Minor plat
x*
-*Recommendation
Figure 3 Approvallication Authority
(Ord. No. 90-19-240, § 3(Exh. A), 7-8-19)
Sec. 24-62. -- Zoning code or map amendmentChangc in zoning district classification.
(a) Anv portion of this code may be amended, supplemented, changed, modified, or repealed and
the zoning map may be modified by the rezoning of land as provided in this section, provided
that all changes are consistent with the comprehensive plan. It is not the purpose of this section
to relieve particular hardships. nor to confer special priveleaes or rights on any person. but only
to make necessary adiustments in light of chanced conditions The following choll h9
followed to request a change in zoning district and zoning map classification.
(ba) 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. The application submitted shall include the following information:
-{b) The application 3uiamittes 3hs11 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;
(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 rezonina or code
amendment and conduct a public hearing after due public notice in accordance with section 24-
51. The planning and community development board director shall make a written
recommendation to the city commission. The written report and recommendation shall:
_(1) Show that the commcnity development boar hum ctvdied and considered the need and
justification for the change.
_(2) Indicate the relationship of the proposed rezoning to the comprehensive plsn snd future
land usa msp an _ • - _ _ _ _ . e- _ _ • ths: the requested change in zoning is
consistent with the future land usa map snd comprehensive plan.
Submit such findings and a recommendation in auppart of or opposition to the requested
rezoning to the city commission not mora than ainty (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 amend the code or change
the zoning mapdistrict classification of said property, or it may deny the reguestpetition. In the
case of denial, the city commission shall thereafter take no further action on another application
for substantially the same proposal, on the same property, until after three hundred sixty-five
(365) days from the date of the denial.
_(3)
(f) Applications for a zoning code or map amendment shall be reviewed and evaluated based on the
following factors:
(1) Consistency with the Comprehensive Plan;
(2) Consistency with the intent of the land development regulations;
(3) Consistency with other professional planning principles, standards, information and more
detailed plans and studies considered relevant;
(4) Whether the proposed amendment and development permitted thereunder is premature or
otherwise creates or contributes to an urban sprawl pattern of development;
(5) Whether the proposed amendment will constitute "spot zoning," that is an isolated zoning
district unrelated to adiacent and nearby districts;
(6) Whether the uses permitted under the proposed rezoning will be consistent or compatable
with the existing and proposed land uses and zoning of adiacent and nearby properties or
the general area; or will deviate from an established or developing logical and orderly
development pattern;
(7) Whether the uses permitted under the proposed rezoning will deviatae from an established
or developing development pattern that is logical and orderly;
(8) Whether the proposed rezoning and development permitted thereunder will result in
significant adverse impacts upon property values of adiacent or nearby properties or in the
general area more than the types of uses currently permitted; and
(9) Whether the proposed rezoning and development permitted thereunder will detract from the
character and quality of life in the general area or neighborhood by creating excessive traffic,
noise, lights, vibration, fumes, odors, dust, physical activities or other detrimental effects or
nuisances.
(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 attention to the items
in [subsection] (1) above.
(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 districtscorridors, 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.
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.
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.
(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 community 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.
(I) 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.
(m) Unless otherwise stipulated by the community development board, the use or construction
assocated with the use shall commence within twelve (12) months from the date of approval. The
olannina and community development director. upon finding good cause, mav authorize a one-
time extension not to exceed an additional twelve (12) months, beyond which time the use-bv-
exception shall become null and void.
(f)
(g)
(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.
The planning and community development director mav grant administrative 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. 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.
(a) Authority. 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 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
• Driveway or drive aisle width
• —Setbacks
• —Landscaping
• --Fence height
• Impervious surface
• Lot width, depth, or area (provided the applicable required density is met)
• Height of accessory structures
(b) However, vVariances are not authorized to: reduss minim►sm let er minimszm lot width or lot
depth, nor incr ace maximum hght of buildings as saehichcd for thc various zoning districts.
Further, a variance &hall not modify the permitted uses or any use terms of a property.
• -Increase maximum height of principal buildings as established for the various zoning districts
• Increase residential density as established by the comprehensive plan
• Modify the permitted or prohibited uses or any use terms of a property
• Deviate or grant relief from the standards of Article IV "subdivision and site improvement
regulations
• Deviate or grant relief from the development standards of a special planned area in
accordance with Division 6
In most cases, exceptional practical difficulties or undue hardship rot ro3t.W.3 from physical
characteristiw. that make thc property unique or difficult to use. The applievnt ham; tho burden of proof.
The cc\mm►ir<ty deveIvpm.nt board must determine that granting the request would not cause evWa,,nti�,l
development regulations.
A variance may be sought in accordance with this section. Applications for a variance may be
obtained from the commenity development department.
(ca) 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 construction, andas 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.
(db) 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 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.
(e) Where an application for a use-bv-exception is considered concurrently with an application for a
variance, approval of the variance shall be contigent upon approval of the use-bv-exception by
the community development board. In the event that the use -by -exception is denied, anv
approved variance shall be rendered null and void.
-{1) Applications for a varianco shsll bo considcrcd on a casc by caso bxis ons shsll bQ
approvcd only upon findings of face that the application is consistont with the definition of a
variance and consistent with the provisions of this section.
{2) The ccvmmsnity develwmcnt hoard shall not grant a variance, which would allow a use that
is net a pec mittcd usc, or a permittcd usc by cxccption in the applicable zoning district. In
the case of an c 'plication fv- a e:ss by exceptic\n thin ie considered concurrently with an
application for a variance, approval of the variancs Khali he contingent upon approval of the
use by exception by the community development board. In the evc\ t, that tho use by
mmunity development board, any approved varianco shsll bQ
rendcrcnull and void.
{3) The community development board shs11 not approve any variance
+1h� is prohibited by the terms of this chapter or by the comprehensive plan.
{'I) The nonconforming use of adjacent or neighboring lands, structures or building oh.. -.\.1 not
be considcrcss ju3tification for the approval of a variance.
_(5) Variance shall not be granted solely for the personal comfort or convenience, for relief
frim financial circumstances, or for relief frcvm citations created by the property owner.
(fs) Grounds for approval of a variance. Applications for a variance shall be considered on a case-
by-case basis. Variances shall not be granted solely for personal comfort or convenience, for
relief from financial circumstances, or for relief from situations created by the property owner. The
community development board shall find that the application is consistent with the definition of a
variance, consistent with the purpose and intent of this chapter, and 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.
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.
(3)
(gd)
(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.
(7) Those standards as may be set forth in the applicable section of this code where a variance
is sought.
In the event the community development board finds that none of the above exist, then the
community development board shall deny the variance.
ConditionsApproval of a variance. To approvo sn zpplication for a variance, the community
development boars Khali find that the rsguaNat is in accordance with the preceding tv- ms and
in harmony with the purpose
aha 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.
(he) 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.
(if) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings
shall not be grounds for approval of a variance.
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.
(kh) 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.
(Ii) 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) {a) General. The city commission may grant a waiver from this chapter or other applicable chapters
in accordance with this section.Except for those waivers authorized by section 2'l 100, where the city
commission fin that un _ • ... _ - - .
compliance with this chapter, the city commieroi3n may approve a waiver.
(b) Limitations. A waiver may be considered only for the following:
(1) Maximum building height in accordance with section 24-156.
(2) Article IV "subdivision and site improvement regulations".
(3) Development standards as part of a special planned area in accordance with Division 6.
(4) Other land development regulations contained within this city code outside of chapter 24.
(c) Application. A request for a waiver shall be submitted on an application form as provided bv the city
and shall contain each of the following:
(1) A legal description of the property for which the waiver is requested.
(2) A reasonable statement describing the reasons and iustification for the waiver.
(3) A survey or lot diagram indicating setbacks, existing and proposed construction, and other
significant features existing on the lot.
(4) The signature of the owner, or owner's authorized agent. Written and notarized authorization bv
the owner for the agent to act on behalf of the property owner shall be provided with the
application.
(d) Public hearing.
(1) Upon receipt of a complete application, the planning and community development director shall
place the reauest on the agenda for the next available community development board meeting.
The community development board shall review the request and conduct a public hearing
following required public notice as set forth in section 24-51. The community development board
shall make a recommendation to the city commission to approve, approve with conditions, or
deny the request.
(2) The city commission shall review the recommendation made bv the community development
board and hold one public hearing following required public notice as set forth in section 24-51.
(eb) Grounds for approval of a waiverConditions of waiver. An applicant seeking a waive chEl c►lamit to
the city commieruion a written request for the waiver stating the rrecons for the waiver and the facts,
which support the waiver. A waiver from the land development regulations mav 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 intent and purpose of these land development regulations.
Further, tThe 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.
(fc) Conditions. In considerina a request for a waiver, the city commission mav require conditions as
appropriate to ensure that the intent of these land development regulations is enforcedA waiver shall
not modify any requirement or tcrm customarily considcrcd as a variance.
(gd) Time period to implement waiver. Unless otherwise stipulated by the city commission, the work to
be performed pursuant to a waiver shall begin within twelve (12) months from the date of approval of
the waiver. The planning and community development director, upon finding good cause, may
authorize a one time extension not to exceed an addition twelve (12) months, beyond which time the
waiver shall become null and voidA waiver shall Icy considered only in cases where alternative
aminictrntive procedures are not set forth within the city Code of Ordinances.
(he) Transferability. A waiver, which involves the development of land, shall not be transferable and shall
not run with the title of the property unless otherwise stipulated by the city commission.A waiver from
• ane msy be approved only upon showing of good cause, and upon
evidence th t cn siternative to a specific provision(s) of this chapter aha;l bo provided, which conforms
to the general intent and spirit of these land development rogulations. In considering any request for a
waiver from these land development regulations, the city cammis ion may require conditions as
appropriate to cnsurc that the intent of these land developmont 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. — Temporary structures 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.
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 tenfour (104) 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 fifteenten (150) days upon request to and written approval
of the city manager.
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.
(3)
(3)
(4) Structures shall not be placed on anv street right-of-wav or public property.
(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. — Comprehensive plan amendmentsStormwater, drainage, storage and treatment
requirements.
(a) This section establishes the means to amend the adopted comprehensive plan, including amendments
to the future land use map.
(b) All applications shall be filed with the planning and community development director on the proper
form and shall contain a statement of special reasons and the need for and iustification to support the
amendment. Applications for an amendment to the future land use map shall also include:
(1) Proof of ownership and owner authorization if the owner is not the applicant.
(2) Survey with legal description and site plan.
(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 completed application is received at least thirty (30) days prior to the meeting.
The community development board shall review each request and conduct a public hearing after due
public notice in accordance with section 24-51. The community development board shall make a
recommendation to the city commission.
(d) The city commission shall review the recommendations made by the community development board
and hold two (2) public hearings, with notice as set fort within section 24-51, to consider the request.
(e) Applications to amend the comprehensive plan shall be reviewed and evaluated based upon the
following factors:
(1) Consistency with the goals, objectives and policies of the comprehensive plan;
(2) Consistency with the state comprehensive plan and the northeast Florida strategic regional policy
plan;
(3) Consistency with other adopted policies and plans of the city, the county, the state or other agencies
having regulatory authority over the city;
(4) The potential for adverse impacts to environmentally sensitive lands, the natural environment or
the aesthetic quality of the city;
(5) The potential to cause deficiencies in adopted levels of service or to adversely impact available
water supplies, public facilities, infrastructure and services;
(6) Other professional planning principles, standards, information and more detailed plans and studies
considered relevant; and
(7) Written comments, evidence and testimony of the public.
(f) In accordance with F.S. Ch. 163.3177(3), modifications to update the schedule of capital
improvements may be accomplished by ordinance and are not required to be amendments to the
comprehensive plan.
(g) In cases where a change in the comprehensive plan is needed prior to receiving a change in this code,
or the zoning map, nothing shall prohibit the application of an amendment to the comprehensive plan
to be processed simultaneously, provided that the consideration of the amendment to the
comprehensive plan by the community development board and city commission shall appear first on
any agenda. In such instances, separate ordinances will be required for each action.
{a) Topography and grading. All lots and development sitcv ch II be constructed and graded in such a
manner so that the stormwater drains to the adjacent street, an existing ritural olorriant io'od to convey
ate m��a
structure aftcy mocting onsitc storage requirements, ue s e .. • • - _ •
provided with a pre construction topographical survey prior to the iccmcnce of a development permit
•e issu2nce of a certificate of occupancy.
Elevatis\ns in all topographic surveys will be referenced to NAVD 19M. Said surveys shot he signed
and c led by a licensed Florida surveyor.
Except as required to meet coastal canstruotion cods 2c -sot forth within a valid permit from thc Florida
Department of Environmental Protection; or as required to moot applicable flood zone or stormwater
regulations ss set forth herein, thc elevation or topography of a development or redevelopment site shall
not be altered.
(b) Onsite storage. Excapt ss provided for heroin, an spplisont oh, -A be required to provide onsite storage
of stormwater in accordance v,sth this coction as follows:
{1) All devely r. r> and redevelopment projects which rc€ ilt in improvements tlhnt ., seed fifty (50)
percent of the market value of ell improvements, if any, on the subject developmont parcel before
the new development or redevelopment project is otsrteA ohsll provide anoito storage of
stormwater for JA impervious surface on thc development parcel.
{2) Projects which do not exceed thc fifty (50) perccnt threshold deccribcS in subsection (1) above,
{3)
{250) square fcs shell K ovide onsite storage of stormwater for the increase in the impervious
surface area only.
Projects which do not exceed thc fifty (50) perccnt threshold and incr asc the impervious surface
on the development parcel by two hundred fifty (250) square feet or less are not required to
, 919, this oxcmption shall
apply one (1) time only for each development parcel.
{'I) Any modification or replacement of driveway and sidewalk areas only on a developed lots shall
{5)
{6)
{7)
{8)
{9)
Applimnts K ovide documentations and calculations to demvictre`'s compliance with
submittal of applications for construction.
Projects previously permitted by the St. Js`hnc Fiver Water Management District (SJRWMD),
which have an in compliance existing retention or detention that collects and controls stormwater
Certification of As Built Construction to the SJRWMD must be submitted to the city before building
permits for individual lot construction may be issued.
Whcn onsitc storagc is required, an as built survey, signed and sealed by a licensed Florida
surveyor, documenting proper construction and rcquircd volume of thc storagc system, must bo
submitted to and approved by the director of public works prior to permit closeout or issuance of
en en -• - - _ . .- _ .
contractor, along v‘,,th es hsilt is!e\ .
proper construction.
In eddition, a declaration of restrictive covsns\nt, in r.. a _ - e - _ •• _ . _ _ 0.-e e.
identifying and describing the required on-site storage improvements to be rr intcineS, 6`11eII hs
executed and recorded in thc public records of Duval County, Florida, by thc owncr of the
development parcel and shall be binding on successors and assigns, prior to permit closeouts or
issuance of a certificate of occupancy.
Volumc calculations for any projects the require onsitc storago shall be based on thc following
calculation:
V - CAR/12, where
V - volume of storage in cubic feet,
A - total impervious area,
--
_ •
•
coefficient, which is 0.92 vv\hic\h is the difference between impervissa iron ( -1.0) and
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 casmx-vay be the adjacent road elevation). As an
option, and as approved by thc dirootor of public works, an applicant may implcmcnt, at the
applicant's cost, offsite storage and necessary conveyance to contra; c\xis:ing 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 -Foss of storage for arose ir/z cpersial flood hazard ar (100
year floodplain), whero s baso flood elevation has boon defined by the Fedoral Emergency
Management Agency (FEMA) on flood insurance rate maps (FIRMs). Site grading shall cr to storage
onsite to mitigate for filling of volume onsito. Thio storage is in addition to thc storage rcquircd for the
increase in impervious surface area. The applics\nt 0he11 provide signed and sealed engineering plans
and calculations documenting thet this "no net loss" requirem,2nt is nxt,
(d) Stormwater treatment. For all new development or redevelopment of existing properties, excluding
• _ - - - _
to 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 so sn option, for facilities with a drainage
ar of Tess than one hundred (100) acres, the first one half ('/2) inch of runoff purou\snt to Chapter 62
330, Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or
e • ' e _ - e _ . ' e _ - e _ _ ' sn so provided in Section 62 302, FAQ. Thio troatment
volume can be includes es pert of the onsite storage requirement in item d(2) [ser -section (b)] of this
section.
(e) NPDES requirements. All construction activitioo ohsll bo in conformance with the city's National
Pollstent Elimine ion Systems (NPPGE) permit, in Addition to the requirements 0 the St.
Mins River Water Management Distrix end the Florida Department of Environmental Protection.
NPQE requirements include use of best rrNagement practices (BMPs) prior to discharge ink n,e:ers
or artificial drainage systems. All construction projects of one (1) acre or more require a stand alone
NR S permit. Site cl ring, 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.
(g)
#leedpIsin of emit of the applicable permit or issuance of
certificates of occupancy, the improvements sI',22. "c meinte2ned by the property owner. In order to
ensure compliana^ h he provisions of this section anS the regefmmunts to msntsn onsitc
stormwater improvements over time, the city is authorized to conduct inspections of property, upon
reasonable notice and at reasonable times, f \.- the Iserpose of inspecting said property and/or onsitc
storage improvements for compliance w th this s _ • . .. - _ _ _ _ .
issued permito. Fsilure4o msintsin the improvements will require restoration upon notification by the
director of public works, within s otipulated time frame. If restoration is not timely completed, the city
charge of one hundred (100) percent of NI
charged to the then owner of the property.
Variances to impervious surface area limits. Variances to impervious surface limits E\'/Ell Ise subject to
the provisions in stiction 24 65. Impervious surface requirements shell not be eligible for relief via
waivers from the city commission.
, .7A -tall be
(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
sections and this chapter or 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 application form and review fee as established
by the city commission shall be submitted to the building department. Each of the following items
shall be addressed:
a. All driveways and parking.
b. All existing and proposed structures.
c. Setbacks, any platted building restriction lines and height of buildings.
d. Any jurisdictional wetlands or coastal construction control line, water bodies, any required
buffers or significant environmental features.
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 24-689.
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 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 topographical survey, pursuant to
section 24-689.
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 24-689.
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.
1•
(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.
(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 development 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.
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.
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.
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.
(f)
(g)
(i)
(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. including the installation of impervious surfaces, 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 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.
(1) Appeals $300.00
(2) Determinations of vested rights. Department of Environmental Protection (DEP) letters, or
zoning verification letters 75100.00
(3) RezZonina map or text amendment
a. Text amendment 34,5800.00
b. RezZoning 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 ro ply 300.00
ac. Preliminary plat review 30250.00
bd. Final plat approval (plus recording fees) 100.00
(8) Comprehensive plan amendment
a. Less than ten (10) acres 2550.00
b. Greater than ten (10) acres 100250.00
c. Text amendment .....3,500.00
(9) City of Atlantic Beach land development regulations document 15.00
(10) City of Atlantic Beach comprehensive plan document 15.00
(11) Zoning and comprehensive plan maps (per page) 5.00
(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
(2)
(3)
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.
Residential building review 50.00
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.
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 coordination 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 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 with a 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) Easements. No buildings or structures shall be placed in an easement where placing a building or
structure in the easement is contrary to the terms of the easement or interferes with the use of the
easement.Height. The manime:m e • _ e. _ •_ • - _ _ _ -. • -
(35) feet; provided howevcr, that cxisting buildings which cxcccd thirty fivc (35) fcct in hcight may be
repaired to that existing height, no alteraticne eltiall be made to any building, which would cause that
building to exceed thirty five (lE) «'t 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.
Duplicates or externally similar dwellings. Construction of single family or two family dwellings that
arc duplicates of another single family or two family dwellings within a distance of five hundred (500)
feat shell bo prohibited. This provision shell spply to external features only and ohsII not apply to two
ominium3 when constructed pert of single development
project with a unified design theme. In dotormining compliance with this provision, s minimu-n of four
('I) of the following characteristic sha I bo aabotantially different.
(h)
(7)
Roof design and roof color.
Gateriv- finish moterinlexcluding paint color.
Window ciz'C crsl chnpc\
Main entry door style and location.
Nlumbcr of stories.
Attached/detached garage.
Front or side entrance garage (if attached).
(hi) 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.
(k)
{1) One -(1) stery sill family
!!!
{2) Two (2) or more story single family dwellinw Sue hundred fifty (650) square feet of living ar
on the ground floor and not than a total of one thousand (1,000) square feet of enclosed
living area.
{3) Two family dwelling (duplex): Eaoh unit ahcll hcve nine hundred (900) square oot of living area.
{1)
Mu/i family dwelling units:
a. Efficiency with bedroom ar 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
ar s, five hundred seventy five (575) square feet of living area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living
• e ) c.I►oro feet of living area.
sl Thrcv. (_
living :YAK:,
C.
' ...e - - : I !
Four (4) bcdrooms with
ch individual bedroom area permanently partitioned from other
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of living area per additiona4
bedroom.
Flood protection. All lots and building citoc ch:.11 be developed such theA space is constructed
a minimum finish_
Flood protection provisions shell bo approved by the administrator to ensure that grade changes will
not alter the rviurciI _ . _ _ . _ . - . - ether orwc downstream through added runoff or
adverse impacts to watt' a{e ality-
(iI) 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 Tess 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.
manimum o towable height of building on parcels th t hex
- - _ - s rsphiosl survey and for all oceanfront paroolo. This
average elevation shall bo determined by the mathematical average of elevation points dispersed at
approximately ten foot equic tent
o chcII Ixi wood for dOw—xiirxtion of the
-C CCC
For sites where ng:feral topography has been previously altered or where existing structures remain,
this same method chsll - - - - - -
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
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 ch&ll m.,an 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
_ •- • g the mnwimum allowable height of building l.s
Used in accordance with the following:
(c) Pc\- o
doxal Emergency
Management Agency (FEMA) flooe incsrenseroto man (FIRM) h 'I wee the required finish floor
Pc\- sels that ars • - - - - .. - - - - - - - - - - - - - - - - - - - - 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. /`)/ xrrsti'ely, 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
topegrgl�hici' Variation is a city miint' fined drainage easement where the method described in
preceding subsection (l.) 010 ko used.
(d) Single -story construction where height of building is clearly below the maximum permitted height
- - - - - - - - - - - - - - - -- - --c\ Legit ghe1l
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)
Sec. 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 as provided below and as mav be
otherwise permitted by this codefor structures that do not exceed thirty (30) inches in height.
(b) Structural projections.
(1) Front and rear yards. Architectural features such as eaves and cornices. roof overhangs, -aro
cantilevered bay windows, open balconies and open 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.
(2) Side yards. Eaves and cornices, roof overhangs. cantilevered bay windows, chimneys elevators.
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.
(3) Accessory structures. Eaves. cornices. and roof overhangs mav proiect ua to twentv-four (24)
inches into required setbacks. Enclosed areas are not permitted to proiect into required setbacks
for accessory structures.
(4) Enclosed projections, such as bay windows, into required yards shall not exceed twelve (12) feet
in length nor shall the total length of all enclosed projections exceed twenty percent (20%) of the
length of the building facade. Enclosed projections, other than chimneys and elevators, into
required yards shall not be less than eight (8) feet above the first floor finished floor elevation.
(c) Accessibility structures. Required ADA -compliant ramps for person(s) with disabilities may encroach
into required yards.
Permitted Architectural Projections
7
Front/ Rear Yard Setback -__}
48" Max
24"
Max
Front or Rear Yard
r
Side
Yard
Eo _,
0
o a
cw
Lei
la
L
W
2
J
O—J
ROW
Permitted Structural Projections
Rear Yard
48"rnox.
X x
E E
6
L
Front Yard
ROAD
NOT TO SCALE
Figure 4 Permitted Structural Projections
_(c) Mechanical equipment. Within or when adjacent to a residential zoning district, equipment such ac
units, pumps, compressors, or simile, oquipmrnt the me cc emcessivc
noise, oft not be located closer than five (5) feet from any lot lino. It is the intent of thio provision to
require placement of such equipment in s location that does not unreasonably disturb noighboro. This
requiremont ohslI n _ _ - _ _ _ e o tho offactive date of 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)
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 within residential zoning districts the required front yard
shall be provided on each street. For double frontage lots within non-residential zoning districts, the
required front yard shall be provided on the street with the higher street classification, unless
determined to be in conflict with the prevailing development pattern.
(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.
commercial or industrial zoning and with residentially zoned property acrsss an int
required front yart* shall ho r ovided on each strct. Properties fronting Atlantic Boulevard west of
Mayport RoaS shall he ., mpt frm 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 are shall be met including, but not limited to, minimum lot size
requirements, impervious surface area limitations and provision of all required yards for all structures.
See Figure 54.
(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. Multiple lots of record
that have been merged or combined and developed as a single development parcel are subiect
to section 24-84(a) above and subsection (3) below.
(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.
(3) No lot or parcel in any zoning district shall be divided to create a lot with area, depth, or width
less than the requirements of this chapter and the comprehensive plan.
BEFORE
LOLL I LOT 2
AFTER
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. 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.
(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.
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.
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.
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.
(3)
(5)
(7)
PERMITTED EXPANSION AREA
1
I
I
POTENTIAL EXPANSION I 1
II
O ^ z E
m�
m x x g
r r
z Z
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. No additions, expansions, or
accessory structures may be constructed which would expand a nonconforming use of land.
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.
(3)
(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.
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.
(5)
(6) Mini -warehouse, mini -storage, or personal storage facilities legally constructed prior to the date
of adoption of this code, that are considered nonconforming uses, may be replaced or expanded
on the same property as originally constructed subject to the provisions 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. 24-86. - 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 or; 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 usc shall be considered a lawful permitted use within the lot
containing the vested development. Furthermore, an existing two-family (duplex) dwelling or
townhouse _ • _ _ - _ _ _ - _ 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 itc cnicting
footprint. Any construction that exceeds the existing forint chgll he in compliance with all alGITAlCa.9
minimcm 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 an„ related
accessory usc 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
acccscory 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 itc twisting footprint. Any construction that
exceodc th eicicting-foctp, it t chaII h in compliance with cell gr. -4:1i, -..able 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-eightfivc (2,1785)
square feet shall be required for each dwelling unit. For areas designated as medium density, a
minimum lot area of three thousand one hundred twelve (3,11288) 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 six(7,2650) square feet for each dwelling unit shall be
required.
(b) No more than six (6) townhouse units shall be constructed contiguous to each other without a
separation of at least fifteen (15) feet between structures.
(c) No more than two (2) abutting townhouse units shall have a common front building setback. Variations
in the front setback shall be at least four (4) feet.
(d) All zero lot line development shall provide covenants or other legally binding assurances that all zero
lot line buildings can be maintained bv the owner.
(e) Development of townhouses. or conversion to townhouses. shall be allowed in compliance with Florida
Building Codes related to adequate firewall separation. Further. development of townhouses. or
conversion to townhouses. shall be allowed only in compliance with the applicable residential density
as established bv the comprehensive plan. and in accordance with this chapter as well as applicable
Provisions of Part 1. Chapter 177, Florida Statutes.
(f) Adioinina townhouse dwelling units shall be constructed at substantially the same time or in a
contiguous sequence.
Dwelling units separated by an open snd uncovered breezeway, elevated open walkway, or aimilsr
type -Gen -nee -bon, shall not be considered as two family dwellings or townhouses, and shall be required to
snits stsched by any type of solid,
continuous or connected roof, however, shall be considered as townhouses and ahsll be permittcd only
within those zoning districts where townhouses are permitted and in accordance with applicable density
limitations.
Development of townhouses, or conversion to townhousac, ch'zl1 to allowed only in compliance with
n. Fcrthcr, development of townhouses, or
conversion to townhouscc, .h)2 bo allowcd only in compliance with thc applicable residential density as
established by thc comprehensive ple\n, end in accordance with this chapter as well fa cpg:licablc
provisions of Raft 1, Chapter 177, Floris lc t:ts`b'es
(i) Adjoining townhouse dwelling units ahsll be constructed of Biba+isntislly the same architectural
style and colors.
(ii) Adjoining townhouse dwelling N:nita ahsll be constructszfi 3Lib39//ntiik 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
(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. -- Stormwater, drainage, storage and treatment reauirementsr age/aportrr an c (-a-s
allowcd in combinc4ion with private garages}.
(a) 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) Topography and grading. All lots and development sites shall be constructed and graded in such a
manner so that the stormwater drains to the adiacent street. an existing natural element used to convey
stormwater (see section 24-17. definitions: Stormwater manaaement system). or a city drainaae
structure after meetina onsite storaae requirements, 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 topoaraphical 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 sianed
and sealed bv a licensed Florida surveyor. All new developments and redevelopments shall provide
assurance that adiacent or nearby properties not owned or controlled by the applicant will not be
adversely affected by drainage or flooding.
(c) Onsite storage. Except as provided for herein. an applicant shall be reauired to provide onsite storaae
of stormwater in accordance with this section as follows:
(1) All development and redevelopment proiects which result in improvements that exceed fifty (50)
percent of the market value of all improvements, if any, on the subiect development parcel before
the new development or redevelopment oroiect is started shall provide onsite storaae of
stormwater for all impervious surface on the development parcel. In accordance with section 24-
17, development does not include work for maintenance, renewal, improvement or alteration of
any structure, if the work affects only the interior or color of the structure or the decoration of the
exterior of the structure.
(2) Proiects 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 feet shall provide onsite storage of stormwater for the increase in the impervious
surface area only.
(3) Proiects 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 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 lot shall not
be reauired to provide 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 compliance with
submittal of applications for construction.
(6) Proiects permitted by the St. Johns River Water Management District (SJRWMD), which have an
in -compliance existing retention or detention areas that collect and control 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. sianed and sealed by a licensed Florida
surveyor. documenting proper construction and reauired volume of the storaae system. must be
submitted to and approved bv the director of public works prior to permit closeout or issuance of
a certificate of occupancy. For an under -around system, a notarized letter from the general
contractor. along with as -built plans and construction photoaraphs 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 proiects that reauire onsite storaae shall be based on the following
calculation:
V = CAR/12, where
V = volume of storaae in cubic feet.
A = total impervious area,
R = 25-vear and 24-hour rainfall depth (9.3 inches) over the lot area, and
C = runoff coefficient, which is the difference between impervious area (C=1.0) and undeveloped
conditions (0=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 adiacent 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 conveyance to control existing flood stapes 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.
(d) Floodplain storage. There shall be no net loss of storage for areas in a special flood hazard area
(100-vear floodplain), where a base flood elevation has been defined by the Federal Emergency
Management Agency (FEMA) on flood insurance rate maps (FIRMs) or in areas subiect to
inundation from a 25-year/24-hour storm event as described in the most recent Stormwater
Master Plan Update adopted by the city. 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.
(e) Stormwater treatment. For all new development or redevelopment of existing properties,
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 Administrative 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)1 of this section.
(f) 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 Department of Environmental
Protection. NPDES requirements include use of best management practices (BMPs) prior to
discharge into natural or artificial drainage systems. All construction proiects 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.
(q) 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 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.
(h)
(i)
Variances to impervious surface area limits. Variances to impervious surface limits shall be
subiect to the provisions in section 24-65. Impervious surface requirements shall not be eligible
for relief via waivers from the city commission.
An owner of land that has historically received natural drainage discharges from adiacent higher
lands shall be obliged to continue to receive and convey such flows, but the owner of the higher
land shall not change the manner, peak flow rates, or location of such historical naturally occurring
drainage flows without the express written approval of the owner of the lower land. No obstruction
to existing drainage will be permitted unless approved by the city manager or designee. This
includes flow in streams, ditches, overland flow, underground flow, flow in pipes, or flow in
floodplains. When a development or redevelopment constructs a drainage system to accept the
private off-site upstream drainage, unless dedicated and accepted bv the city, the property owner,
the homeowners' association, or other acceptable entities as approved bv the city, shall maintain
the system. Drainage systems downstream of a proposed development or redevelopment shall
have the capacity or hydraulic gradient to accept the proposed developments discharge, or that
the proposed development improves the downstream drainage system. The city shall not be liable
for any damage, drowning or any other personal damages caused bv flooding, drainage or
discharges including, but not limited to, blockage, dam failure, conveyance failure, structural
failures, maintenance issues, washouts, erosion or excess flow. When downstream conditions
will not accept runoff from the appropriate storm -existing conditions or other special instances,
the development will be required to provide a drainage system which will not increase flooding
downstream. Accordingly, the city manager or designee may require the developer to analyze the
downstream drainage system.
In any residential zoning district, where a lot hags width of fifty (50) feet or more and extends from
street to street (or street to ocean front in the case of ocean front lata), s single garagasrtmont in
combination with a Ovate garage may be constructed on such lots (see section 21 83) subject to the
following provisions:
(a) The structure containing the private garage and the garago apartment ahsll not exceed twenty
five (25) feet in height.
(b) TN: total floor area cif the structure containing the private garage and the garage e x rtment shall
(c) There shell be-nc' cc then twenty (20) feet between the principal dwelling and thc street T-0
containing the private garage and the garage apartment.
_-(d)
The use restrictiens thin ahl ' y to the principal dwelling slx:21 also apply to the structure containing
3 sp- tm
(e) Thi minimum yard requirements for the atr x tura sha;l bo tcn (10) feet from r r property lines,
and twenty (20) fcct from front property lines.
(f) Tho minimum aide yard requirements for the structure shell be a combined fifteen (15) feet, with
s minimum of five (5) feet on either side, from side property lines for private garages and thc
garago spzxtmonts.
(g) A garage excrtment shell not be leased or rented for less than ninaty (90) consecutive days.
(h) Any existing structure containing a private garage and garage x rtment thnt is encroaching into
the ps;lOio right of way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroaah;ront io romoved from the right of way. A private garage and garago cp- tcsent, which
does not encroach inte the street right of way, may be rebuilt, remodeled or structurally altered
within the ercisting footprint, or in compliance with aWioable minimum yard requirements,
provided thc; th3 maHcimurn height of building a'�..II not Ix oxceeded and subject to applicable
permitting requirements.
(i) Only one (1) garago opsrtmant aho I bo 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)
Sec. 24-90. - Minimum building elevation.
(a) Buildings and structures that are within a special flood hazard area are subiect to the requirements of
the Florida Building Code and chapter 8, flood hazard areas.
(b) Non-residential buildings that are not within a special flood hazard area shall comply with the minimum
finished floor of the Florida Building Code.
(c) Residential buildings, including additions thereto, that are not within a special flood hazard area shall
have a finished floor elevation for all living areas at or above the higher of:
(1) Eight and one-half (8.5) feet NAVD.
(2) The minimum reauired by the Florida Building Code.
Sec. 24-91. - Building height.
(a) Maximum height. In no case shall the maximum height of a building within the city exceed thirty five
(35) feet in height: 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.
(b) Measurement. The height of a building shall mean the vertical distance from the applicable beainnina
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 maximum allowable height of
a building shall be used in accordance with the following:
(1) Buildings within, or partially within. a special flood hazard area as delineated on the FEMA flood
insurance rate map (FIRM) shall use the minimum finished floor elevation determined in
accordance with section 24-90 as the beginning point of measurement.
(2) Oceanfront parcels. regardless of flood zone designation, shall use the calculated average Grade
of the buildable area, as described in subsection (c) below, as the beginning point of
measurement.
(3) Buildings on parceIs that are not within a special flood hazard area that have more than two (2)
feet of topographic variation shall use the calculated average grade of the buildable area, as
described in subsection (c) below, as the beginning point of measurement. This does not include
those parcels where the topographic variation is a city -maintained drainage easement or facility.
(4) Buildings on parcels that do not have more than two (2) feet of topographic variation and are not
within a special flood hazard area shall use the hiahest pre -construction grade as the beainnina
point of measurement.
(c) Calculated average grade.
(1) The calculated average grade 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.
(2) Where reauired, the certified average grade survey shall be submitted with construction plans.
and the average grade shall be depicted on exterior elevation sheets of construction plans.
(3) Alteration of topography for the purpose of achieving greater heiaht of building is prohibited.
(d) Height survey required. If the height of the building is within one (1) foot of the maximum building
height allowed under this section, a survey verifying the building's height may be reauired.
Secs. 24-920-24-100. - 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.
CITY OF ATLANTIC BEACH
RESIDENTIAL LOT & STRUCTURE REQUIREMENTS
(Sections 24-104 through 24-109)
LOT REQUIREMENTS STRUCTURE REQUIREMENTS
Lot Lot Max Side(s) Rear Max
Lot Area Front Setback*
Zoning District Width Depth Impervious Setback* ** Setback* Height
(ft) (sq ft) (ft) Surface (ft) (ft) (ft) (ft)
RS -L 100 10,000 100 45% 20 7.5 20 35
RS -1 75 7,500 100 45% 20 7.5 20 35
15' combined
RS -2 75 7,500 100 45% 20 5' min on either 20 35
side
Single Family or duplex
Townhouse
RG
7 5OOLow
75 density:
7,260
480 45% 20
15 combined. 5
min on either
side
7.5
15' mbincd
5' min on either 20 35
Gide
Single Family or
duplex
Medium
density:
3,112
50 X500 100
15 combined. 5
min on either
side
Two Family N/A N/A 7.5
Duplcx/TH Townhouse
Low Dcnsity 44309
Mcdium Dcnsity 6209
High Dcnsity 57000
Low density:
7,260
Medium
RG -M 7-540 density: 100 45% 20 20 35
3,112
High density:
2,178
15' combined
Single Family 75 X509 5' min on either
side
Two Family and
townhomes
7.5' each side
Low Dcnsity 14,500
Mcdium Dcnsity 6200
High Dcnsity 5009
Multi -Family or other 7,500 15' each side
R -SM 90 9,000 100 45% 35
Lots fronting on Selva
Grande Drive
Lots fronting on Tierra
Verde Drive
25
10 20
25 10 20
Lots fronting on Sea 30 on Sea Oats Drive;
Oats Drive and south of 25 on Sauriba Drive; 15 30
19th Street 25 on 19th Street*
Lots fronting on
Seminole Road and
south of 19th Street --
25
15 30
* Platted building restriction lines that are greater than the zoning district are enforced.
** For corner lots, the side yard abutting a street shall have a minimum ten (10) foot side yard setback.
Table 1 Residential Lot and Structure Requirements
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) Useslntent. Where a proposed use is not specifically listed under permitted or uses by exception. 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. Permitted uses in any zoning district shall
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, Dawn shops, bingo halls, game
arcades, gaming, video poker establishments, computer Game centers, or games played on individual
Game 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.Thc
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 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.
Table 3 Permitted Uses
CITY OF ATLANTIC BEACH
CHAPTER 24 ZONING CODE PERMITTED USE MATRIX
Residential Uses
Single-family residential
Duplex residential
Mayport Business
RG- RS- RS- R- RS -
CBD TM CPO CL CG LIW Overlay DistrictRG SP CON
2 1 SM L
M
(MBOD)
P* P* P P P P PP P P P
E* P*
P P* P* P*
Townhouse residential E* P* P P* P* P*
Multi -family residential E* P* P P* P*
Family day care and group homes P*— P*— P P P P
Community residential home, small P PPPP P
Community residential home, large P
Foster care or group care home
Assisted living facility P P
Commercial Uses
Automobile sales E E E
Automobile services (minor)
Automobile repairccrviccs (major) E
Banks and financial institutions
P P E PP P
(without drive-through)
Banks and financial institutions (with
drive-through) E RE E
Brewery or distillery P P P*
Car washes
Civic centers (i.e. art galleries,
P P P P P
libraries, cultural centers)
Child care center P* P* P* P* E* E*
Church E* E* P* P* E* E* E* E* E*
Community center E* E*— P* E*— E*
Contractors ER P*
Convenience stores (without fuel
sales)
P P P
Craftsment and artisan studio P* P*
Electric charging station P P €
Food truck park* E E E
Gas stations* PA P € E
Gyms, spas, health clubs P E EP P
Hotels, motels, resorts, tourist
E P P P
courts, short term rentals
Hospitals E E
Live entertainment. indoors
Live entertainment, outdoors
Medical or dental laboratory
Medical clinics
Mixed use projects
Mobile vending units
Offices (professional, business, and
medical)
On -premises consumption of beer
and wine in coniunction with a
restaurant
E P
E EP—* E*— P—*
E E P
€ € P
P P P PPP P
€ € € € € €
P P P PP P
P€P*— E
E E E E
On -premises consumption of alcohol
E
'{other than bccrand wine).
Outdoor storage
Parking lot (off-site) E E EE E
Pharmacies and medical marijuana
dispensaries
Printing shoo
Produce and fresh market with
outdoor sale and display
P*
E P
E*
Restaurants (without drive-through) P P P P P—*
Restaurants (with drive-through) E E
Retail sales (limited) P P E* P P
Retail sales P P E* P
Schools
Schools for the fine or performing
E E P P
arts or martial arts
Service establishments (limited) P P E PP P
Service establishments P € P P
Tattoo or body artist E
Theater (max 2 screens) P P
Veterinary clinic, pet kennel, animal
E E E
boarding facilities
Industrial Uses
Communications tower (radio, tv,
telecommunications)
Concrete batching plants E
Manufacturing (light) € P
Manufacturing E ;z
E EE E E
Packaging or fabricating P
Processing (excluding animal
E
processing and slaughterhouses)
Recycling collection center E
Storage establishments (limited) P
Storage establishments (hazardous) E
Surfboard production E E P*
Truck rental and/or leasing E
Vocational trade schools P
Warehouses P
Wholesale (limited) E P P*
Wholesale P
* Subiect to additional standards.
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. 24-103. - 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 Tide Vviews 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.
(4) Family day care homes.
(5) Community residential homes, small.
(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.
(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 section 24-84(a) and
all other 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. For a corner lot, the side yard abutting the street shall
be ten (10) feet.
Where there is a platted building restriction line that is greater than the minimum yards listed above,
the building restriction line shall be enforced.
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 24-689 are met.
(f)
(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.
(4) Family day care homes.
(5) Community residential homes, small.
(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.
(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 section 24-84(a) and all other 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. For a corner lot, the side yard abutting the street shall
be ten (10) feet.
Where there is a platted building restriction line that is Greater than the minimum yards listed above.
the building restriction line shall be enforced.
(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 24-689 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.
(4) Family day care homes.
(5) Community residential homes, small.
(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.
(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 section 24-84(a) and all other 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.
(4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for new townhouse development
developed in accordanc with section 24-86 may be less per unit.
(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 an oithor sib
a. Single-family or duplex. Combined fifteen (15) total feet and five (5) minimum feet on either
side.
b. Townhouse. Seven and one-half (7.5) feet, except shared property lines shall have a zero (0)
foot side yard for the principal building.
c. Corner lots. The side yard adiacent to a right-of-way containing a street shall be ten (10) feet.
Where there is a platted building restriction line that is areater than the minimum yards listed above.
the building restriction line shall be enforced.
(f) 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 24-689 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.
(7) Community residential homes, small.
(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 section 24-84(a) and all other 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.
a. Residential low density: 7,260 square feet per dwelling unit.
b. Residential medium density: 3,112 square feet per dwelling unit.
Minimum lot width in the RG zoning district: Fifty Seventy five (505) feet.
Minimum lot depth in the RG zoning district: One hundred (100) feet.
(2)
(3)
(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 th prent traot nroto th„
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: Combine fif 'c'n (15) total feet and five (E) minimum feet on cithcr side.
a. Single-family or duplex. Combined fifteen (15) feet and five (5) minimum feet on either side.
b. Townhouse. Seven and one-half (7.5) feet, except shared property lines shall have zero (0)
foot side yard for the principal building.
c. Corner lots. The side yard adiacent to a right-of-way containing a street shall be ten (10) feet.
Where there is a platted building restriction line that is greater than the minimum yards listed
above, the building restriction line shall be enforced.
(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 24-689 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. 24-108. - 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.
(8 Community residential homes, small and large.
(9) Foster care homes.
(10) Assisted living facilities with less than fifteen (15) residents.
(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.
(5) Assisted living facilities with fifteen (15) or more residents.
(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 section 24-84(a) and all other 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.
a. Residential low density: 7,260 square feet per dwelling unit.
b. Residential medium density: 3,112 square feet per dwelling unit.
c. Residential high density: 2,178 square feet per dwelling unit.
(2) Minimum lot width in the RG -M zoning district: Forty Seventy five (407-5) 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.
(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.
(f)
b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side, except
shared property lines for townhouse developments shall have a zero (0) foot side yard for
the principal building.
c. Multi -family dwellings or non-residential structures: Fifteen (15) feet each side.
d. Corner lots: The side yard adiacent to a right-of-way containing a street shall be ten (10) feet
minimum.
Where there is a platted building restriction line that is greater than the minimum yards listed above,
the building restriction line shall be enforced.
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 24-689 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.
(3) Community residential homes, small.
(4) Family day care homes.
(c) Accessory structures. Accessory structures are subject to the provisions of section 24-151 except:
{1) Detached garages, guest house or guest quarters, sheds, gazebos, pergolas, and othc- rimi�cs
detached structures shall comply with the following:
a. Menimum height: Fifteen (15) feet;
b. Menimum size: Onc hundred fifty (150) square feet; and
c. Setbacks: Five (5) feet from any rear or side property line.
{2) Screen enclosures, defined as those structures with screen walls and roaf'hcII comply with
the following:
a. Maaiimvm h4ht: Fifteen (15) feet; and
Scthacks: 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 occupatians, subject to the provisions of scction 24 159. Public and private recreation
facilities not of a commercial nature and of a neighborhood scale intended to serve the
surrounding residential neighborhood.
(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 section 24-84(a) and all other 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:
(f)
(1)
(2)
(3)
Lot area: Nine thousand (9,000) square feet.
Lot width: Ninety (90) feet.
Lot depth: One hundred (100) feet.
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.
(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.
R -SM Required Setbacks
0 175 350
Front: 20 feet
Rear: 20 feet
Sides: 10 feet
19TH T
0
O
ti'ii Pa
III i:/i/4
• 11 4101 fl'W
Fig- UN rirc
f/ IR inn
rm ■■ ■l
Jr 1
700
-eet I
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-SMRequired Setbacks
(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 24-689 are met.
(2) Maximum building height: Thirty-five (35) feet.
(h) Minimum living area. Minimum living areas for the 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 3imilsr structures in the R SM zoning district
shall be subject to the provisions of section
-1) Shall not be permitted closer to the front lot lino than tho m 'n ra3idence.
(2) Shall not be permitted closer to any side lot lino the ebut3 s 3troot than tho min residence.
(3) Shall n _ _ _ - - or simile, m&erials.
(11)
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), such as chiropractor offices, licensed
massage therapist offices, and other health practitioners.
(2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist
and similar uses.
(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.
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.
(3)
(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 3hJJ. oonform to provisions of section 2/1 162.
(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.
(3) Lot depth: One hundred (100) feet.
Minimum yard requirements. The minimum yard requirements within the CPO zoning districts shall
be:
(1) Non-residential or mixed use development:Front: Twenty (20) feet.
a. Front: Twenty (20) feet. When adiacent to Mavport Road, the front yard shall be a maximum
of fifteen (15) feet regardless of the building restriction line.
b. Rear: Twenty (20) feet.
c. Side: Ten (10) feet. When adiacent to Mavport Road, the side yard shall be a maximum of
fifteen (15) feet regardless of the building restriction line.
d. Platted building restriction lines shall be enforced unless stated otherwise.
(2) Residential development:Rear: Twenty (20) feet.
a. Front: Twenty (20) feet.
b. Rear: Twenty (20) feet.
c. Side: Combined fifteen (15) total feet and five (5) minimum feet on either side. For a corner
lot, the side yard abutting the street shall be at least ten (10) feet
d. Where there is a platted building restriction line that is greater than the minimum yards listed
above, the building restriction line shall be enforced.
_{3) Side: Ten (10) feet.
(f)
(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.
(3) Commercial development standards in accordance with section 24-172.
(4) Stormwater management requirements in accordance with section 24-89.
(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 (CO.
(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.
cvmpotihlity-with ettisting surrounding residvitid ►zeas, train 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.
(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 applicable 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 laboratoriesclinico.
(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 3h:,3 oonform to provisions of section 24 162.
(8) On -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code.
(9) Food truck park in accordance with section 24-166.
(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.
(4) Notwithstanding subsections 1, 2, and 3, the final lot sizes for proposed new townhouse
development may be less per unit, subiect to density.
(e)io..T,im ii -yYard requirements. The minim►+m yard requirements for the CL zoning district shall be:
(1) Front yard: FifteenTwenty (1520) feet maximum.
(2) Rear yard: Zero Twenty (20) feet, except minimum ten (10) feet when adiacent to residential
zoning.
(3) Side yard: ZeroTen (1-0) feet, except minimum ten (10) feet when adjacent to residential zoning.
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.
(3) Commercial development standards in accordance with section 24-171.
(4) Stormwater management requirements in accordance with section 24-89.
(f)
(Ord. No. 90-10-212, § 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. mini -storage, mini -warehouses. personal 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 usc is not specifically listed in thin scctian, tho pormic3ibility of the usc 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 sub2section (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.
Permittc zlao not include adult entertainment t0,b ichNnnonts, indoor or outdoor firing
tattoo or body artists, pawn shops, bingo halls, billia` d or pool halls, game arcades, gaming, video poker
a:atbIk imonts, computer gamc centers, or gamcs playcd on individual machines or computers, including
any type of card, token or coin operated video ar simulated games or aimila, activities or machines which
arc playcd for any type of compensation or reward.
The uses permitted in the CG zoning district 3h:JJ. include the following subject to tha limitations as
lausintvc activities, products for sale and servic€ m►;0 ke located vew&hin an onclo,ed 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,
, 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) Taproom in coniunction with a brewery or distillery. - -
(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 On, which permits residsntizzJ. mete not
exceeding the applicable density set forth in the comprehensive plan, when in conjunction with,
_ _ - • _ _ . - apmont, provided ths: ouch residential
development 3hs11 not be permitted within the cea2tel hich ha x d ,-N."03. 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) All permitted uses in the commercial limited (CL) zoning district.
(176) Mixed use projects combining the above uses and those approved as a use -by -exception
pursuant to subsection (c) below.
(187) Pharmacies and medical marijuana treatment center dispensing facilities subject to the
requirements of section 24-169.
(198) Gas stations, subject to the requirements of section 24-165.
(201-9) Convenience stores subject to the requirements of chapter 13, article 4 as applicable.
(210) Electric charging stations.
_{21) Car washes.
(22) Live entertainment indoors.
(23) On -premises consumption of alcohol, indoors only, when located at least one hundred (100) feet
from anv residentially zoned property. This distance shall be measured in a straight line from the
closest distance between the indoor space where consumption will occur to the nearest
residentially zoned property.
(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 outdoors or when located less than one
hundred (100) feet from anv residentially zoned propertvin accordance with chapter 3 of this
Codc.
(4) Restaurants and banks 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).
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, construction, 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.
(5)
(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 (outdoor) in conjunction with a permitted use or approved use -by -exception,
not including adult entertainment establishments as defined by F.S. § 847.001(2).
(12) Off-street parking lots. Parking lab shsll conform to provisions of section 2/1 162.
(13) Tattoo or body artists or studios.
(14) Billiard and pool halls.
(15) Amusement attraction.
(16) Food truck park in accordance with section 24-166.
(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.
(4) Notwithstanding subsections 1, 2, and 3, the final lot sizes for proposed townhouse development
may be less per unit, subject to density.
(f) Minimum yYard requirements. The minimum yard requirements within the commercial general zoning
district shall be:
(1) Front yard: Fifteen (15) feet maximum, provided sight line requirements are metTwenty (20) feet,
cxcapt that the front yard may be reduced to tcn (10) fcct where required off ctrcat psrking is
located at the rear or side of the building site, ans tha primay business entrance is designed to
face the street.
(2) Rear yard: Zero (0) feet, except minimum tTen (10) feet where adiacent to existing residential
use or residentially zoned property.
(3) Side yard: Zero (0) feet. except minimum tTen (10) feet where adjacent to existing residential
use or residentially zoned property.
feet minim►sm txn cthcv. cid
(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 providc the required number of off strec' marking spaccs as
set forth within 3ub3oction 2/1 161(i) arc rcplaced with smiler uocs (such as a rwtwrant roplacing
a rta►srant), withn^ expansi n in flze orcreast in nvmbcr of s ts, additic\nal parking shall
'cin in b►ilding size, including without
Iim-itatic\n the addition 0 wine shall require provision of additicxx parkin
expansion.
(4) Commercial development standards in accordance with section 24-171.
(5) Stormwater management requirements in accordance with section 24-89.
•
(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.
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 bakeries and similar
uses.
(3)
(5)
(6)
(7)
(8)
(9)
Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses.
Government buildings, uses and facilities.
Minor automotive, boat or trailer service.
Surfboard repair.
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 shsll conform to provisions of section 24 162.
(13) Cabinet shops, woodworking shops.
(14) Recycling collection center within an enclosed building.
(15) Truck rental and leasing.
(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.
(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 in accordance with section 24-89,cho;l aWy-4o
development and to redevelopment 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 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.
Minimum yard requirements. Structures shall be a minimum distance of five (5) feet from any property
line.
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.
(f)
(g)
(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 dgistrict.
STDRDIVANT ST
414 5
rn
4
O
0
ATLANTIC BLVD
ALLAN TIC
OCEAN
SCALE FEET
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.
(12) Mixed use projects combining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
(13) On-premises consumption of beer and wine only in coniunction with a full service restaurant.
(14) On-premises consumption of alcohol, indoors only, when located at least one hundred (100) feet
from any residentially zoned property. This distance shall be measured in a straight line from the
closest distance between the indoor space where consumption will occur to the nearest
residentially zoned property.
(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, both indoor and outdoor, 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 lata oho)). oonform to provisions of section 2/1 162.
(4) Hotel, motel, motor lodge, resort rental or tourist court and short term rental.
(5) On-premises consumption of alcohol when located less than one hundred (100) feet from any
residentially zoned property or when occurring outdoorsin accordance with the provisions in
0ha1.cy 2, ccction 3 5.
(d) Lot size and yard requirements.
(1) Subject to meeting required impervious surface area limits, stormwater requirements, access
and parking standards, landscaping and buffering. and required siaht lines, 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:
(f)
(1) Maximum impervious surface: Seventy (70) percent, provided where existing development
exceeds seventy (70) percent, redevelopment shall not 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 in accordance with section 24-89.shall apply to infill
development and to redevelopment projects involving exterior site changes.
(4) Maximum building height: Thirty-five (35) feet.
(5) Commercial development standards in accordance with section 24-171.
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 of section 19-8.
_(1) Outside seating vhin pur.ic _ _ •• _ _
vinmic on. As a condition of the license agrc mint, the
owner of such oct' b ihmcntt shsII cgree in writing to maintain that portion of the right of way
where the outside seating is located. The owner/lessee/lessor of tho bk.;ean.sc os4ablich:w'.-ant and
the property owner shall agree in writing to hold the City of Atlantic Beach harmless for any
persons! injury or property damage resulting from the existence or operation of, and the condition
and maintenance of thc right of way upon which any outside s ting is locates, and shall furnish
evidence of general liability insurance in thc amount of one million dollars ($1,000,000.00) per
.. 111 111 le
additions! named insured.
(2) Outside seating shell not be permitted on the sidewalk closi thin fiv
Outside seating ars
measured from the ground or sidewalk level. Enclosurct th^W bo designed in compliance with
ADA accessibility guidelines and shall provide safe p dcstrign'iccess to the public right of way
and designated parking spaces. Such enclosure may consist of screens, planters, fencing or other
similar materials.
No heating or cooking of food or open flamca ahsll be allowed in such outsidc s ting areas.
Seats provided in such outsidc s ating arcna ahsll be included in the required parking
calculations.
Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating
aroe,4 shill bo white in color ang 0h�1 not spill over to adjacent pr crtim
The city commissis\n s\h0 determine and os'ahlish lay resolution the charges, tL me end
termination procedures for right of way leases.
The city commission may permit nonfood service uses in right of way license agreements
provided such uses are listed as permitted or perntisti"I-•-
provided such uses are special event related and not continuous.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Sec. 24-116. - Traditional Marketplace district (TM).
W 14TH ST
STH ST
W 6TH ST
DUTTON ISLAND RS
Figure 9 Traditional Markctplacc 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 maximum 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.
(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.
(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.
(22) On -premises consumption of alcohol. indoors only, when located at least one hundred (100) feet
from any residentially zoned property. This distance shall be measured in a straight ine from the
closest distance between the indoor space where consumption will occur to the nearest
residentially zoned property.
(23) Off-street parking lot.
(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 when located less than one hundred (100) feet
from any residentially zoned property or when occurring outdoorsin accordance with chapter 3 of
the Code.
(3) Veterinary clinics, pet grooming, and pet kennel and facilities for the boarding of animals.
(4) Food truck park in accordance with section 24-166.
(d) Lot size and yard requirements. Subject to meeting required impervious surface area limits,
stormwater requirements, access and parking standards, landscaping and buffering, and required
sight lines, there are no required setbacks within the traditional marketplace district. However,
buildings shall be located 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 lot line 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 impervious surface area beyond
that existing. -
(2) Required landscaping shall be provided in accordance with division 8 of this chapter
(3) Stormwater management requirements in accordance with section 24-89.ohcll apply to infill
development and to redevelopment projects involving st.ictantid exterior site changes.
(4) Maximum building height: Thirty-five (35) feet.
(5) Commercial development standards in accordance with section 24-171.
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 of section 19-8.:
{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 agroomont, the
owner of su'h stat ichmcnt shoal agree in writing is maintain that portion of the right of way
where the outside seating is located. The own leasee/feasor of the business aetat!ichment and
the property owns` shall a -- • . - • - . •- e . _-.0h homlocs for any
(f)
personal injury or property damage resulting from the existence or operation of, and the condition
ark maintux nc - - - • _ _ _ . .
e-vidence of orra lizb;lity inoLezzlee in the amount of one million dollars ($1,000,000.00) per
.. 111 111 ..
additi3nu nsmcd insured.
{2) Outside seating 3hs11 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 areso shu I b _ _ _ . _ - - _ - _ _ _ - - _ - - - • - _
measured from the ground or sidewalk level. Enclosures 3hs11 be designed in compliance with
ADA accrssibclity guidelines an, shoal provide safe pedactrian access is the ReVic right of way
and designated parking space. Such enclosure may consist of scre 'net Ontcrc, fencing or other
(ll) Lighting to serve outside seating arc slh;ll not spill over to adjacent properties.
(F) The city commission slcnll determine and ctnl^lish by resolution the charges, c� rrc and
tc mination procedures for right of way leases.
{6) The city commission may permit nonfood service uscs in right of way revocable license
agreements provided such uses arc permitted sn spproved 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. In addition, the SPA district may be utilized in order to:
(a) Encourage creative and flexible site design that is sensitive to the site's natural features and
adapts to the natural topography;
(b) Protect environmentally sensitive areas of a development site and preserve on a permanent
basis open space and natural features;
(c) Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious
surfaces in site development; and
(d) Promote cost savings in infrastructure installation and maintenance by such techniques by
reducing the distance over which utilities, such as water and sewer, need to be extended or by
reducing the width or length of the streets.
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.
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.
(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.
(3)
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.
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) A schedule of development, and if a phased schedule is proposed, phases of not more than five
(5) years each.
(3) 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.
(b) Except as provided in subsection (cb) 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) No change in use;
(2) No increase in building height, density or intensity of use;
(3) No decrease in area set aside for buffers or open space;
(4) 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 exceeds 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 for within this chapter. Common accessory structures include, but are not limited
to, sheds, detached garages, pergolas, screen enclosures and other similar structures.
(b) Temporary structures. 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.
(ab) Number of structuresAccessory uses and structures by zoning district.Sinale- and two- family
Properties shall have no more than:
(1) Three (3) total buildings. including the principal building.
(2) One shed.
(3) One detached aaraae. guest house. pool house. or similar structure.
(d) Residential. Selva Marina (R -SM) district. All accessory structures within the R -SM district, regardless
of type or use of the structure, shall meet the following standards.
(1) Shall not exceed fifteen (15) feet in height.
(2) Shall not exceed 160 square feet, except uncovered decks/patios and screen enclosures with a
screen roof may exceed this square footage.
(e) Location. size. and height. Unless otherwise stated in this section. residential accessory structures
such as sheds. pergolas. screen enclosures. and similar structures shall meet the following standards:
(1) Shall not be located in the required front yard, easements. or drainage features.
(2) Shall be at least five (5) feet from interior lot lines.
(3) Shall be at least ten (10) feet from corner side lot lines.
(4) Shall not exceed fifteen (15) feet in height.
(5) Shall not exceed 160 square feet, except uncovered decks/patios and screen enclosures with a
screen roof may exceed this square footage.
(f) Separation.
(1) Accessory structures shall be at least five (5) feet from another structure as measured from the
eaves.
(2) If located closer to five (5) feet to a principal structure, it shall be considered attached and comply
with the yard reauirements for the principal structure.
(3) These separation standards do not apply to screen enclosures. exterior stairs. outdoor shower
enclosures. or uncovered decks/patios.
(a) Outdoor shower enclosures and open exterior stairs.
(1) Shall be at least three (3) feet from interior lot lines.
(h) Uncovered decks and patios.
(1) There are no setback requirements provided the deck/patio is not greater than one (1) foot above
the adiacent grade.
(2) If areater than one (1) foot above the adiacent grade, the deck/patio shall comply with the yard
requirements for the principal structure.
(i) Detached garages, quest houses, and pool houses.
(1) No more than fifteen (15) feet in height and at least five (5) feet from lot lines, except it may be
constructed up to twenty five (25) feet in height provided it is at least ten (10) feet from the rear
lot line.
(2) No more than 600 square feet of covered area on the first story. This includes any portions of the
second story that extend beyond the first story footprint such as decks, balconies, and similar
structures.
(3) May exceed the height and square footage requirements if the structure meets the minimum yard
requirements for the principal structure.
(4) A detached aaraae may contain guest quarters.
(5) A detached aaraae must be accesed by a minimum ten (10) foot wide driveway.
(6) A guest house or quest quarters shall only be used for intermittent and temporary occupancy by
a nonpaying quest or family member of the occupant of the primary residence and shall not be
leased or rented for any period of time or converted to a dwelling unit.
(7) A quest house or quest quarters shall not contain a kitchen but may contain a kitchenette, as
defined herein.
(i) Garage apartments.
(1) A single garage apartment is permitted on double frontage lots that are at least fifty (50) feet wide
and located within a residential zoning district.
(2) Shall not exceed twenty five (25) feet in height.
(3) Shall be at least twenty (20) feet from the front lot line. ten (10) feet from the rear lot line. and
meet he applicable side yard setbacks established for the principal structure.
(4) Shall be at least twenty (20) feet from the principal buildina.
(5) The gross floor area shall not exceed seventy five percent (75%) of the cross floor area of the
Principal dwelling.
(6) Shall not be rented or leased for less than 90 consecutive days.
(k) Mechanical eauipment.
(1) On lots that are within or adiacent to a residential zoning district, eauipment such as heating and
air conditioning units, pumps, compressors, pool equipment, generators, or similar eauipment
that makes excessive noise, shall not be located in the required front yard or closer than two (2)
feet from any lot line that is adiacent to a residential use. It is the intent of this provision to require
Placement of such eauipment in a location that does not unreasonably disturb neighbors. This
requirement shall not apply to replacement of such eauipment lawfully installed prior to the
effective date of these land development reaulations.
(2) Within non-residential zoning districts. eauipment shall be screened from view from public or
private streets and parking areas.
(I) 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.
(m) Satellite dish antennas.
(1) Residential districts. Satellite dish antennas one (1) meter (39 inches) or less in diameter are
permitted in residential districts.
(2) Commercial districts. Satellite dish antennas less than two (2) meters (78 inches) in diameter are
Permitted in non-residential districts.
(3) Satellite dish antennas not described above are subiect to the following standards:
a. A building permit is required prior to installation.
b. Shall not exceed twelve (12) feet in diameter.
c. Shall not exceed fifteen (15) in height above adiacent grade.
d. Shall be located in the rear yard and no closer than five (5) feet to any property line.
e. Shall be limited to one (1) per residential parcel.
f. Roof mounting is prohibited.
(4) Satellite dish antennas shall not constitute the principal use of a property.
(n) Radio and television antennae. All outdoor radio, television and electronic antennae or antennae of
any other nature constructed upon, affixed to, structurally repaired or altered upon, or otherwise
emplaced to service or act in conjunction with the use of any property must comply with the regulations
of this section and chapter unless preempted by policy established by the Federal Communications
Commission (FCC).
{1) Within sll residential zoning districts.
a. Antonns otrsctures for television and radio, bu>t not microwave relay or commercial
transmission structures, television and radio antennae of the customary size and design ohrll
not ceunt 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'sayhouce and/or juvenile play equipment.
thst such are used only for intim mittknt send
s\f the K irne y
residence. A guest house or gucst quarters shall not be rented for any period of time and
shall not contain a kitchcn, msy _ _ - _ • - - -
house or guest quarto; o shall not be used as, or converted to a dwelling unit. A detached
guest house or guest quarters sl -K111 not exceed the number of buildings allowed on a lot as
set forth within section 2'1 El Op-),
d. Detached private garages, carports, gucst housoo or gest quarters, shall not exceed six
-11
private garage, carport, guest house or guest quarts 0,,O1 he OIowed ^^ any single
residential lot anS shell les a minimum distance of five (5) feet from rear and side lot lines.
Such detacho streOeros exceeding sii hundred (600) square feet of lot aro chill comply
with applicable setbacks as established for the principal building.
c. Notwithstanding subsection (d) above, detached private garages, not to exceeS L\x hundred
{600) square feet of lot area may be constructed to a height of twenty five (25) feet provided
•
shall comply with applicable side yard requirements ares ohs11 be—a
minimum distance of ten (10) feet from the rear lot line.
f. Detached garage a-' mcnts which arc permitted only on double frontage (through) lots
subject to the provisions of section 2'1 P0.
g. Gazebos, pergolas, covered decks an c mi!er srectures, 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.
h. Private swimming pools in accordance with section 24 164.
n211M.
j. Pri\x_e (call courts and othe` similar K iv-te recreational uses.
k. Skata px k, aksting, bicycle or aimilsr rsmp3, for use on private property only, placed or
constructed in fixed locations and made of wood, block, concrete ar aimilsr ms.orbsT
provided thst th - . - _ _ _ _ .. • - _ _ _ _ or tho atroct side yards on a
corner lot. Due to exceosive noise, which may result from the use of such rsmpa, time of use
shall be limited to the hours between 9:00 am. and 10:00 prn. Suoh ramps ahcA ba
nno)/ntsined ins Ifo and good condition and aha;l bo disassembled and removed from the
an cnaafc or unsightly appearance.
I. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12)
feet in haght. Only one (1) detached storage or tool shed shall be allowed on any single
residential lot, and such structuraz: shy)). be a minimcsm
and side lot lines.
m. Screened enclosures and pool cages with screened roofs n similar nonstructural roofs such
as awnings and the like, located s 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 atsira, ahsll not be located within throo (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 c;sac_s and structures shx1 comply with thc use Iimitu k ns opp icable to thc
zoning district in which they are located. Space wthin an accessory structure shoo not be
s\ than those typically incidental tie the case
of the prinApo �s,ild+ng
b. No accessory structure shall bo used as a residence, temporarily or permanently, except in
accordance with section 21 80, end no accessory structure shall be used for any commercial
ar buoinaoo purpose unloeru approved 03 c home occupation in accordance with the
provisions of section 24 159 of this chapter.
c. Unless otherwise specified within this acction, all accessory struoturoa ahsll comply with the
land development regulations spplicable to the zoning district in which they are located.
d. Unless otherwise specified within this a., - - _ - - - e - - oa ahsll not be
• • .. _ _ _ _ -� shall not be clocc- than five (5) feet from any lot line.
c. Accessory struotr•roo ohcll n -- _ - • .
with section 21 M or preceding subsection (b)(1).
f. No accessory building or structure othc- than c^ - . - . • .
uncovered decks or patio anal Ice located cicc- than five (5) feet to any other building or
structure on the same lot. Any accessory building or structure located closer than five (5)
feet to a prinoipu atrust4.1-r3 aha I b:,
located.
ri p 'icable to thc zoning district in which they arc
(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 application shall include a site plan showing the
location of the building to be used or constructed on the lot, fenced play areas, off-street parking,
loading and unloading facilities as required by section 24-161, and traffic circulation, including
any drop-off areas.
(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 business tax -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.
c. Off-street parking, as required by section 24-161, shall be provided, including provision[s] 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.
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.
(f)
(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.
(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 permitted in any location.
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.
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.
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 development regulations,
all business-related products services and activities shall be conducted within an enclosed building,
subject to compliance with applicable licensing requirements.
(3)
(3)
(5)
(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.
(e) Any signage used for any outside merchandise or activity shall be in accordance with the sign
regulations.
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.
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.
(f)
(g)
(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 determination, 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 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 surrounding
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 as
Provided below:
a. When a building is situated on the lot closer to the front setback line, the fence shall not
exceed four (4) feet in height forward of the front building line.
b. _that oOpen 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 (c2). • • -.. _ - . •o rr>a►cim►:m
height of any fensc chcll leo six (6) feet.
ft rl 11 -1 -
Figure 10 Front Yard Fence Design/Height
(2) Within required side or rear yards, the maximum height of any fence shall be six (6) feet, except
as provided below:
a. On double frontage lots that have a designated rear vard adiacent to Beach Avenue, in
accordance with Section 24-83, the maximum fence height within ten (10) feet of the rear
property line is four (4) feet.
b. In the event a residential property is adiacent to a commercial property, an eight (8) foot tall
fence may be approved in the rear and/or side yard adiacent to the commercial property.
(3) Fences, walls, and similar structures in the R -SM zoning district shall be subject to the additional
Provisions below:
a. Shall not be located closer to the front lot line than the main residence.
b. Shall not be located closer to anv side lot line that abuts a street than the main residence.
c. Shall not be constructed of chain link or similar materials.
(42) 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. Vertical elements
attached to the fence shall be considered an extension of the fence and included in the height
measurement.
(53) 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.
(64) For non -oceanfront lots with uneven topography along a side or rear 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.
(7) No fence, wall, or hedge shall be constructed or installed in such a manner as to interfere with
drainage on the site.
(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 less than 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 the
side any lot line which is adiacent to a right-of-way containing abuts a street, except fences may
be ur to six (6) feet tall within the required rear yard provided it is not closer than five (5) feet to
anv sidewalk or bike path.
<50'
right of way
5' I 6' fence
L___
Rear yard
Front yard
Lot line
StreetAl.
Figure 11 Corner Lot Rear Yard Fence (Right-of-wav less than 50 feet in width)
(2) For corner lots located on rights-of-way that are wig then fifty (50) feet or Greater in width,
fences may be constructed within the side yard adjacent to the riaht-of-wav containing a 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.
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 a minimum distance of five (5) feet from side and rear lot lines. The
maximum number of privacy structures permitted on one parcel shall be two (2) and they shall be
separated by no less than ten (10) feet 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.
(3)
(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)
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 all 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;
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
g.
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.
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.
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.
(3)
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
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 establishment upon request of the
g.
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 establishment, 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
accommodate 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 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 establishments 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.
(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.
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.
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.
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.
(f)
(5)
(7)
(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.
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.
Patron -directed content. Signs with the following rules must be prominently posted at the
entrance to the designated outdoor area allowing dogs.
(3)
9.
(g)
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.
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. Aln accordance with
F.S. 559.955, a home occupation shall conform to not change the residential character and
architectural aesthetics or exterior app rancc of a neighborhood property, and shall not increase
traffic/parking in residential neighborhoods or involve nn
an ehnll 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 activities of the home occupation must be secondary to the property's use as a residential
dwellingaddress of the home occupation shall not be advertised so a b xainosc location.
(2) Employees who work at the residential dwelling must also reside in the residential dwelling,
except that up to two (2) employees or independent contractors who do not reside at the
residential dwelling mav work at the home occupation. The business mav have additional remote
employees that do not work at the residential dwellina.Nlo one othor then immediate family
rnembere reeidi-ng-exn the Ksmissc: ch I be woIvein the home occupation. There shall Iss-a
limit of one (1) he;sinocs license per person, and no more than two (2) licenses per household.
Home occupati&nc &hell n
The home occupation shall not generate a need for parking Greater in volume than a similar
residence without a home occupation. Vehicles and trailers used in connection with the home
occupation shall be parked in legal parking spaces that are not located within the city right-of-
wav, on or over a sidewalk, or on any unimproved surfaces at the residence.AIl business activities
conducted on the licensed premiss shall bo conducted entirely within tho dwelling. There shall
be no outside storage or outside use of equipment or matorialo and not more than one (1) vehicle,
(3)
trailer or the like, which is a6eociated with the business activity e"xall Cc parked on the licensed
premises.
(4) No parking or storage of heavy equipment shall be visible from any street or neighboring property.
For the purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or
agricultural vehicles, equipment, or machinerv.No more than one (1) room of the dwelling shall
(5)
five (25) percent of the total living area of the dwelling.
The residential property shall be consistent with the uses of the residential areas surrounding.
the property. Any external modifications shall conform to the residential character and
architectural aesthetics of the neighborhood. Signage must be compliance with Chapter 17 of this
Municipal Code.Nc crdcrrahi • _ - _ _ _ _ . _ _ _ - . _ - _ • than a residence shdl Inc allowed.
(6) No retail transaction shall be conducted at a structure other than the residential dwelling;
however, incidental activities may be conducted at the residential dwellinci.T c s churl he no
unusual ccdcstrian or vehicular tro'fic, noise, vibration, glare, fumes, odors or electrical
interference as a result of the home occupation. Evidence of such ohsll rooult in revocation of the
_(7) Tho planning and community development director may attach additional provisions and
conditions, a° appropriate, to the approval of any home occupation.
oo tha; msy be acceptable as home occupations: Recognized
professional services with characteristics that exceed the definition of a home occupation, such as
acceuntnnt, attorney, bookkeeper, it urnnce agent, censultnnt, rte! ec eto agent, secretarial services,
architect; an artist, austicrNer, sc2rretr�.s or tails\ , music instructor, photographer, piano tuner,
teleph�� nre�.- _ - --- - - - - - - -- - ' • - - -1 rrxas\Nage
th.rnr st with no treatmyant of clients on premises.
The following occupations and activities shg tc prohibited as home occupations:
{1) Escort, modeling or introduction services.
{2) Masseuse or n�rvage therapy with treatment on premises.
{3) Welding or any type of mots) farication.
{1) Ropsir, msintonance or detailing or sale of automobiloo, boats, motorcycles, trailers or vehicles
of any kind.
(5) Cabinet or furniture making.
{6) L p.holstery or canvas work.
{7) Building, cr mnmifncture or repair of bit surft;oards and the like.
{8) Fortune psychics artd similar activities.
(0) maty shops barkers.
(�0) Tattoo or body artists.
{11) Antique or gift shops.
{12) Tow truck service.
{13) Boarding of more than two (2) 2nim2k:: at any time.
{14) Any other activity as determined by tho planning and community development director to bo
inappropriate as a home occupation.
(ce) 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.
Dumpsters shall be located at least ten (10) feet away from all lot lines adiacent to a residential use.
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)
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. This section
is intended to specify appropriate design and location for parking, support the creation of walkable
communities, and lessen unnecessary conflicts between vehicles and pedestrians. 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. • - _ _ _• _ _ - ohaII nst
obstruct stormwater facilities, drainage swales or clear vehicular sight distance. Exc000 ✓irbse
3 ahsll tho n xnbor of antra a rfacc parking spaces exceed ten
{10) spaces or ten (10) percent, whichever is greatar. FR -Acing calculations demanatrs:ing provision of
required parkins ahsll bo provided with :,J2 buAdingparmit suyamittod for rcvicw. Rcquired
parking shall ba ma ntsinod for thc duration of thc use it serves. Table 44 depicts the minimum parking
required by use.
(b) General requirements and limitations for parking areas.
(1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof
condition kept free of litter and debris.
(2) 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.
(3) All parking areas are subiect to 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) Parking, stacking, and loading space areas shall not be used for anv other purpose, including,
but not limited to the storage of equipment, materials, boats, or recreational vehicles.Mechanical
_ - - - - _ _ _ _ _ _ _ _ _ - • ala shsll not be performed out of doors within
any residential zoning district, except for minor maintenance or emergency repair I2th x laera thsn
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 24-654(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.
(7) Parking areas and driveways shall not obstruct stormwater facilities, drainage swales or clear
vehicular sight distances.
(8) Excess 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.
(9) Required parking shall be maintained for the duration of the use it serves.
(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. Parking calculations demonstrating provision of
required parking shall be provided with all building permit applications submitted for review.
(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 (1/2) 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.
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.
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, unless approved as on -
street parking classified as arterial or collector as designated in msp Q 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.
(f)
(3)
(5) Parking lots shall be accessed from a side street or alley unless no such access is available.
(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 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.
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 (4'/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.
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 wthin the elntra biznocc district (Q D) and traditional
• _ - _ _ - 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.
(7) Electric vehicle (EV) parking. For each EV space provided which is not required and meets the
standards in subsection (k) below, the required vehicular parking spaces mav be reduced bv two
(2) spaces, up to a maximum of ten (10) percent of the total parking spaces required.
(3)
(5)
1.1 _
(h) Design requirements.
(1) Parking space dimensions shall meet the following standards.be a minimem of nine (9) feet by
eighteen (1e) aot, oxcopt thzt on cIIor dimcnsions may be provided for sin3lf family residential
lots, provided that adequate onsite parking is provided to accommodate two (2) vehicles.
(a) Each off-street parking space shall be a minimum of nine (9) feet bv 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.
(b) No more than thirty (30) percent of the required parking spaces mav be reduced to eight (8)
feet bv sixteen (16) feet and specifically designated for compact -size automobiles.
(c) Parallel parking spaces shall be a minimum of seven (7) feet bv twenty (20) feet.
(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.
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. The aisle width mav be
reduced to ten (10) feet for one-way traffic and eighteen (18) feet for two-wav traffic where no
Parking occurs or where necessary to provide sufficient landscape area around a preserved tree.
(3)
(i)
(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.
(5) Tandem parking configurations are only permitted on single-family and two-family residential
Properties, unless approved as part of a valet parking plan.
(6) Curbs, wheel stops, or parking stops shall be provided next to sidewalks.
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 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 uses within
commercial zoning districts
MINIMUM PARKING REQUIRED
Studio/one-bedroom One (1) space per unit
Two-bedroom One and one-half (11/2) space per unit
Three-bedroom or more Two (2) spaces per unit
Rooming and boardinghouses One (1) space for each guest bedroom
All other residential uses Two (2) spaces per dwelling unit
COMMERCIAL/OFFICE USES
Auditoriums, theaters or other places
One (1) space for every four (4) seats or seating places
of assembly
Bowling alleys Four (4) spaces for each alley
Hotels and motels
One (1) space for each sleeping unit plus spaces required for
accessory uses such as restaurants, lounges, etc., plus one (1)
employee space per each twenty (20) sleeping units or portion
thereof
Medical office or dental clinic
Marinas
Restaurants, bars, nightclubs
Shopping centers
Financial institutions
Truck/trailer rental
Minor automotive service, major
automotive repair
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 arca
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)
Retail, office, shopping centers, or One (1) space for each four hundred (400) square feet of gross
service uses not otherwise specified floor area
INDUSTRIAL USES
Light assembly and fabrication,
manufacturing - heavy, printing,
engravings and related reproductive
services
Mini -warehouse
Outside storage
Warehouse/storage (inside)
One (1) space for each five hundred (500) square feet
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
housing for the elderly where
residents do not 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
One (1) space for each four (4) occupant accommodations
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
Vocational, trade and business One (1) space for each three hundred (300) square feet of gross
schools floor area
Child care facilities
One (1) space for each four hundred (400) square feet of gross
floor area, plus one (1) paved off-street pedestrian loading and
unloading 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.
Spa, gym, health club and school for One (1) space for each three (3) seats or one (1) space for each
the fine or performing arts or martial
one hundred (100) square feet, whichever is greater
arts
Community center, government uses,
One (1) space for each three hundred (300) square feet
building, or facility
Hospice
Emergency ambulance service
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(gf){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
accommodated.
(k) Electric vehicle (EV) parking. All new development with fifty (50) or more parkins spaces shall provide
EV parking in accordance with the following. Required EV parking shall count towards the minimum
Parking spaces required.
(1) A minimum of two percent (2%) of parking spaces shall be reserved for EVs and provide drivers
the opportunity to charge their EV using EV charging stations at a minimum of 32 amp 7.2 kW.
All partial spaces are rounded down.
(2) Charging equipment shall be mounted on the wall or on a structure at the end of the EV parking
space.
Additional requirements for multi family residential uses. New multi family residential development
shall provide adequate area designated ft\ of routine service vehicles such QC ucod by rcpair,
contractor and lawn service companies. For new multi family development located act of Seminole
Road, three (3) spaces per dwelling unit chnll ho required in ordcr to accommodate increased parking
needs resulting from beach going visitors.
(I) 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) Required Bbicycle 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
(1/2) 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.
(7) Bicycle parking shall be located so as to not interfere with pedestrian movement and with
adequate clearance to give cyclists room to maneuver. An unobstructed pedestrian aisle at least
four (4) feet wide shall be provided.
(8) Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in
length and two (2) feet wide.
(9) Each bicycle rack shall be located at least three (3) feet from another bicycle rack or from a wall.
(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.
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.
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.
(3)
(5)
(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 IotsDriveways and access points.
Driveways and access points shall be constructed in accordance with section 19-7 and as set forth
within this section.
(al Driveways shall not create more than fiftv percent (50%) impervious area within the right-of-way.
(b) The width of a driveway shall not exceed fifty percent (50%) of the street frontage width. The
remaining frontaae shall not be used for vehicular access to the property.
(c) Driveways and access points shall not obstruct stormwater facilities, drainage swales, or clear
vehicular sight distance.
(d) Width and spacing requirements.
(1) For single-family properties, the maximum driveway width at the property line and through
the right-of-way shall be twenty (20) feet. Circular driveways shall be limited to twelve (12)
feet in width and are only permitted on lots with at least 100 feet of street frontage.
(2) For two-family, townhouse, or multi -family properties, the maximum width of a shared
driveway at the property line and through the right-of-way shall be twenty four (24) feet.
Driveways that are not shared shall not exceed twenty (20) feet in width at the property line
and a minimum separation of ten (10) feet shall be maintained through the richt-of-way
between adiacent driveways.
(3) For non-residential and mixed use properties, the maximum width shall be thirty six (36) feet.
Driveways with a landscaped island. in accordance with Division 8, shall not exceed forty
eight (48) feet.
(e) Number of driveways. New driveways and access points, but not replacements or repairs of
legally existing driveways, are subiect to the following:
(1) Single-family and two-family dwellings shall be limited to one (1) driveway for every fifty (50)
feet of street frontage, up to a maximum of two (2) driveways Der street frontage.
(2) Non-residential and multi -family properties shall be limited to one (1) driveway for every 100
feet of street frontage, or for every 150 feet of street frontage if located on an arterial road,
up to a maximum of two (2) driveways Der street frontage.
(3) Street frontage calculations shall not include fractions thereof or be rounded up. For
example. a non-residential property with less than 200 feet of street frontaae is allowed one
(1) driveway.
(f) Intersections. Driveways shall be at least fifty (50) feet from an intersection with Atlantic Boulevard
or Mavport Road and at least twenty five (25) feet from all other intersections. In cases where this
distance cannot be achieved due to lot size, driveways shall be located as far away from the
intersection as possible. This distance is measured from intersection of right-of-way lines.
(a) Setbacks. Residential driveways shall not be closer than three (31 feet to the extension of the side
lot line through the right-of-way. This does not apply to shared driveways.
(h) Shared driveways. Shared driveways shall be permitted subiect 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.
(i) Interconnectivitv. Interconnectivity for vehicles and pedestrians shall be provided so that access
to individual properties can be achieved between abutting and nearby developments as an
alternative to forcing all movement on public roads. New non-residential and mixed use
development and redevelopment sites shall be required to provide for interconnectivity and the
sharing of existing access points. in accordance with the following:
(1) Driveways. access points. and access aisles shall be interconnected with any existing cross
access easements or. if absent. existing driveways, access points, and access aisles located
on abutting property.
(2) When the abutting property is undeveloped or where the property owner does not wish to
connect. driveways. access points and access aisles shall be brought to the property line so
that future interconnection is possible.
(3) A cross access easement shall be placed upon the ioint driveway. access point. and access
aisle and conveyed to the city in a manner that grants access to and between properties.
The easement document shall include a plot plan prepared by a registered professional
surveyor and shall delineate the location of the cross access. Location shall take into
consideration linkage to other cross access corridors on adiacent properties.
_Off-street parking lots may be a permiosible use by exception in all nonresidential zoning districts
(a) A wall, fencing, shrsbbery or as otherwise required by the x mmN:nity development board shall
be erected along edges or portions of such parking.
(b) No source of illcminetion for the parkin?, arca claull be directly visible from the property line of a
(c) There chiill b
e.
cull. ii`c curb stops is limit the ----------
vehicle into the pedestrian walkway.
(e) If a shared parking agreement is requires ps:ro nt to section 211 161, then it will be subject to
review and approval by tho p'kanning--and c mmcnity 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 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.
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 less than ten thousand (10,000) five thousand
{5,000) square feet in lot area or les°. A mMinimum 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.
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 materia!°, 3upplio3, spplinnces or equipment used or designed for use in commercial or industrial
operation° °hal bo storcd in rcsidcntial zoning districts, nor sny home applianccs or interior home
furnishings be stored outdo3r3 in any residential zoning district.
(ef) 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.
These provisions shall also not apply to routine deliveries or the use of commercial vehicles in making
service calls, provided that such time period is actually in the course of business deliveries or servicing.
(3)
(3)
(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 pools 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. Such barriers shall be kept in place
at all times, maintained, and comply with the regulations in place when the pool was built.
(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 provisions 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 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;
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.
(3)
Number of fuel pumps. The maximum number of fuel pumps permitted within a single
development shall be four (4).
Frontage on commercial arterials. Gas stations shall be located on properties with frontage on
Atlantic Boulevard or Mayport Road.
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 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 24-654.
(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.
(I) 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 (1/4) 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 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
(p)
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 in chapter
23 of the city's Code of Ordinances, into the tree conservation trust fund.
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 fa9ade 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 requirements 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. -- Mobile food vending units (food trucks)s.
Mobile food vending units, as defined in section 24-17, are subiect to the provisions of this
section.S na shsll be governed as set forth within chapter 17 of this Codc, signs and advertising
structures.
(a) General. All food trucks within the city shall meet the following provisions.
(1) Shall be located in an area that will not obstruct vehicular or pedestrian traffic, bus stops,
or any ingress or egress from building entrances or exits, and must be setback at least
fifteen (15) feet from fire hydrants.
(2) Shall not be located in or block access to ADA parking spaces.
(3) Shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
(4) Shall not have amplified music or loudspeakers.
(5) Anv food truck generator(s) used shall operate at a sound decibel of 60 db or less,
measured at a distance of ten (10) feet from the generator.
(6) Shall provide a waste receptacle for public use. The area shall be kept neat and orderly at
all times and garbage or trash shall be removed prior to departure of the food truck.
(7) Shall not dispose of grease or liquid waste into the citv's sanitary sewer system. No liquid
or grease shall be disposed in tree pits or onto sidewalks, streets or other public places.
(8) Food trucks must be licensed to operate by the State of Florida and must receive any
necessary approvals, including from the Florida Department of Business and Professional
Regulations, the Florida Department of Health, and the Florida Department of Agriculture
and Consumer Services. Food trucks must comply with applicable state and county health
department licensing requirements for preparing and selling food items. All food truck
operations must comply with Florida Administrative Code 61C-4.0161, Mobile Food
Dispensing Vehicles.
(9) The parking or storage of food trucks is prohibited in all zoning districts unless otherwise
permitted in this chapter.
(b) City property. Food trucks for special events may be allowed on city property subiect to
subsection (a) and the provisions below.
(1) Must obtain approval from the city manager or designee and a special events permit.
(2) Must be in accordance with section 5-5 of this code regarding prohibition on the use, sale,
or distribution of plvstvrene foam products on city properties and the beach.
(c) Private property. Food trucks may be allowed on private property subiect to approval of the
planning and community development director verifying adequate parking, safe site access. and
establishing the duration and time of such activities in addition to subsection (a) and the
Provisions below.
(1) A mobile food vending application shall be submitted to the planning and community
development director. The application shall include proof of property owner approval, a site
plan, proof of required licenses, and any additional information necessary for review.
(2) No more than two (2) food trucks shall operate on any property at any one time, except
when approved as a food truck Dark.
(3) Food trucks shall not operate for more than three (3) calendar days per week, except when
approved as a food truck park.
(4) Food trucks shall not be located in the city right-of-way or other public property.
(d) Food truck parks. Food truck parks approved as a use by exception are subiect to the following
standards in addition to those in subsection (a) and any conditions set forth by the community
development board.
(1) Shall obtain a building permit from the city.
(2) Shall provide restroom facilities as required by the Florida Building Code for restaurants.
(3) Shall meet the parking requirements for restaurants or, if there are no seats, shall provide
one parking space per food truck.
(4) No portion of the food truck Dark shall be located within one hundred (100) feet of a
residentially zoned property. Food truck parks adiacent to a residential property shall
provide a buffer as required in section 24-167.
(5) Shall provide solid waste disposal areas and recycling facilities.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Sec. 24-167. - 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.
(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 vegetation.
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 compri3ing each of any the following:
(1) Another pharmacy or another medical marijuana treatment center dispensing facility located
within the city limits, measured by following the shortest route of ordinary pedestrian travel along.
Public thoroughfares from the main entrance of any proposed location of any such business to
the main entrance of any existing location of any such business.
(2) The real property that comprises a pPublic or private elementary, middle or secondary schools,
including but not limited to those outside the city limits„and
Religious institutions, including but not limited to those outside the city limits. measured by
following the shortest route of ordinary pedestrian travel along public thoroughfares from the main
entrance of any proposed location of any such business to the main entrance of any existing
location of any such business.
(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.
(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.
(3)
(Ord. No. 90-18-234, § 2, 6-11-18; Ord. No. 90-19-240. § 3(Exh. A), 7-8-19)
Sec. 24-170. -- Greenwav overlay district (GWOD)Rcscrvcd.
(a) Purpose and intent. It is the purpose and intent of the greenwav overlay district (GWOD) to establish
standards for parcels adiacent to the East Coast Greenwav within the city that will:
(1) Promote safe, convenient, and attractive pedestrian and bicycle access to the greenwav
through appropriate land use development and design.
(2) Activate public space by orienting building and entrances towards the greenway.
(3) Encourage attractive and active uses to expand the public realm.
(b) Applicability. The provisions of this section shall apply to new development and substantial
redevelopment of properties adiacent to the easterly right of way line of Mavport Road and south of
Dutton Island Road, other than single- and two-family development and properties within a special
planned area. In the event of a conflict between the provisions of this section and other applicable
sections of this code, the provisions of this section shall apply.
(c) Prohibited uses. The following land uses shall not be allowed within the overlay district:
(1) Drive-through facilities.
(2) Gas stations.
(3) Automotive services or repair.
(4) Car wash.
(d) Development standards.
(1) Buildings shall be setback at least five (5) feet, but not more than fifteen (15) feet, from lot lines
adiacent to the greenwav to allow adequate space between users of the greenwav and
buildings, furniture, and patrons of the adiacent businesses.
(2) Main entrances shall be oriented towards the greenway.
(3) Vehicular access to corner lots shall be from side streets in order to minimize interactions
between greenwav users and motorists.
(4) A minimum five (5) foot wide sidewak shall connect the greenwav to the building entrance.
(e) Landscaping. In addition to the provisions of Division 8 of this chapter, landscaping shall be provided
in accordance with the following. Areas within fifteen (15) feet of a front lot line adiacent to Mavport
Road which do not contain a building, driveway, or outdoor seating shall contain:
(1) One (1) shade tree, or two (2) understory trees, for every twenty five (25) linear feet. Fractions
shall be rounded down.
(2) Palm trees may be substituted at a rate of four (4) palms for one (1) shade tree and two (2)
Palms for one (1) understory tree.
(3) For corner lots, the corner side yard is excluded from this requirement.
Corner side
yard is
excluded
15'
Parking lot
25'
eull 101 apis
1 shade tree
required within
15 feet of lot line
Front Lot Line
Mayport Road
Sec. 24-171. - Commercial corridor development standards.
(a) Intent. The following additions; standards and requiremant3 to those lands within all
commercial-z-oning-d+strictc thcit me located along arterial street corridors whin 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 tho planning and community
development director.
(b) ApplicabilityDelineation of commercial corridors. The following provisions shall apply to all new non-
residential and multi-familv structures, including all additions and expansions to existing buildings,
within all commercial zoning districts (CPO, CL, CG, TM, and CBD). Commercial corridors are defined
in section 2,1 17. They are graphically depicted on the following map:
14
STEWART ST
LEVY RC
W Ian CT
5
� h
w
STH ST
W 6TH ST
W IV ST
IUU
--N--
OCNNER RD
PLAZA PLAZA
F,
2
BTH Si
ATLANTIC
OCEAN
Figure 11 Commercial Corridor Map
(c) Site design standards.
(1) Fences. The use of chain link, barbed wire, razor or concertina wire, and similar type fencing is
prohibited.
(2) Retail and office uses. No more than forty percent (40%) of the floor area shall be used for
storage.
(3) Drive-through facilities shall meet the following:
(a) Adequate off-street areas shall be provided for the stacking of vehicles.
(b) Shall be located to the side or rear of the building away from public streets.
(4) Minimum building frontage. This requirement refers to the percentage of the lot's primary street
frontage that has a building facade within the maximum front yard setback.
(a) CBD and TM districts: 70%
(b) CL and CG districts: 50%
(5) Pedestrian circulation.
(a) Walkways, at least five (5) feet in width, shall connect building entrances to adiacent public
sidewalks, paths, parking areas, and any other public access areas.
(b) Walkways shall be designed to avoid, to the maximum extent possible, crossing vehicle use
areas and shall be separated from vehicle use areas by grade chances. paving materials,
and/or landscaping. Where a walkway crosses a vehicle use area. it shall be clearly
identifiable through the use of grade chances. speed bumps. different Davina materials. or
similar methods.
(d) Building design standards.
(1) Entry door. The main entrance(s) of a building shall be oriented toward a public street or space
or to the side of the property if the parking layout serves a side entrance. Entry doors shall be
defined with a covered prosection from the facade, such as an awning, canopy, balcony,
arcade/colonnade, or by being recessed into the building. Doors which swing outward shall be
recessed into the facade a minimum of three (3) feet where a public sidewalk abuts the building.
(2) Garages, overhead doors, bay doors, and similar openings shall not face a public street.
(3) Exterior finish. The exterior finish 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 and corrugated metal may be used
Provided the total area of such material does not exceed twenty five percent (25%) of the total
building facade on any side of the building.
(4) Burglar bars. steel gates. metal awnings. and steel roll down curtains are prohibited.
(5) Accessory structures shall meet the standards of this section. except sheds. storage containers.
and similar storage structures are prohibited.
(6) Facade treatments. Each building facade facing a public street shall be differentiated through a
combination of horizontal and vertical wall articulation in accordance with the provisions below.
(a) Facades 200 feet or less in width shall not exceed twenty five (25) horizontal feet without
including at least one the following:
(1) A proiection or recess in the wall plane of at least two (2) feet.
(2) Awning. canopy. marquee. or similar proiectina feature.
(3) Colonnade, balcony, porch, or portico.
(4) A complimentary change in building face material, texture, or color.
(b) Facades greater than 200 feet in width shall not exceed sixty (60) horizontal feet without
including at least one of the following:
(1) A prosection or recess in the wall plane of at least four (4) feet.
(2) Colonnade. porch, or portico.
(c) Facades facing a public street which are two (2) or more stories, or greater than fifteen (15)
feet in height if one (1) story, shall provide at least one (1) of the following techniques to
differentiate the lower and upper levels.
(1) A horizontal prosection (or combination of proiections) of at least one (1) foot extending
along at least sixty percent (60%) of the facade. Such proiections may include
balconies, cornices, eaves. awnings, or similar elements that serve to break uo the
vertical facade.
(2) A change in building facade materials for at least sixty percent (60%) of the facade.
(7) Blank walls prohibited. Each floor of the building facade(s) which face a public street shall not
exceed twenty five (25) horizontal feet without providing one of the following:
(a) A window or door.
(b) Wall trellis.
(c) Wall mural.
(d) Similar design feature approved the planning and community development director.
(8) Transparency. First story building facades which face a public street shall meet the minimum
transparency requirements outlined below. Transparency means non -solar, non -mirrored. plass
with a light transmission reduction of no more than twenty percent (20%).The percentage of
transparency per story shall be calculated within the area between the finished floor and finished
ceiling and shall be a total percentage of door and windows along that portion of the facade.
(a) CBD and TM districts: 50%
(b) CG, CL, and CPO districts: 25%
(9) Roofs. Permitted roofs include Gabled, hipped, shed, barrel vaulted, flat, mono -pitch. dome and
mansard subiect to the following standards:
(a) Flat roof areas shall be screened by a parapet roof that extends no less than two (2) feet
above the point where the roof surface and wall intersect.
(b) Primary roofs that are pitched shall have a minimum slope of 4:12.
(c) Rooftop equipment shall be concealed behind parapets or otherwise screened from view by
pedestrians.
(e) Encroachments into the public right-of-way. Awnings and entry canopies without posts may encroach
into the right-of-way subiect to the following:
(1) An encroachment agreement and right-of-way permit is approved by the city.
(2) A minimum eight (8) feet of vertical clearance is maintained between the ground and awning or
canopy.
(3) Posts and columns are not allowed within the right-of-way.
(4) The awning or canopy shall not encroach more than ten (10) feet into the right-of-way or more
than two-thirds the width of the public sidewalk, whichever is less.
(5) Review of applications shall consider the following:
(a) Whether the encroachment creates an unsafe condition or poses a danger to the public,
including, but not limited to: impedes or restricts sight lines, impedes normal access, obstructs
vision of traffic or pedestrians, or creates operational conflicts or creates hazards.
(b) Whether the encroachment adversely affects municipal operations, work, plans, efforts or
initiatives of the city to maintain munipally owned lands or undertake capital works proiects.
(c) Whether the encroachment interferes with any utility or similar installation.
(d) Whether the encroachment creates a situation that is contrary to any municipal law, PoIicv or
resolution or an:y state or federal regulation.
(e) Whether the encroachment is constructed in such a way that removing it would cause
structural damage or fire safety to city property.
(f) Electric substations. In accordance with F.S. 163.3208, local governments may adopt regulations for
new distribtuion electric substations addressing setbacks, landscaping, buffering, screening, lighting,
or other aesthetic compatibility -based standards. New electric substations within non-residential
zoning districts shall comply with the following standards:
(1) Shall be located as far away as possible from public streets and adiacent residential properties
as possible.
(2) Electric substations not entirely screened by an intervening building on the same property shall
be screened from adiacent public streets or residential properties in accordance with the
following:
(a) An opaque screen along the street frontage containing shrubs, walls, fences, and understory
vegetation, or combination thereof, may be used so long as the screen is no less than six
(6) feet tall.
(b) No less than one (1) tree for each twenty five (25) feet of street frontage and lot line adiacent
to a residential property.
{c) Building form and finish materials. The following general provisions ohsll spply 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 bc gabled, hipped, msnosrd or otherwise designed so as to avoid the appearance of
a flat roof from the adjoining street.
{2) Open bay doors and other oimilsr Isrge doors providing ease -c to work ar s and storage ar s
shall not open towards or face the commercial :corridors.
Tho 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 resikentinl cvortios, of existing buildings
_ - . - • _ - ince!&ion and finig\'i eystems (EIFS),
architectural or split faced type block, or other finig\h m&orials w?th simkx- &I� ears^ and
texture. Metal clad, corrugated metal, plywood or oriented strand board (Q:Q), s`nd exposed plain
conc to g\"&I not be permitted as exterior finish ri eriala of a building.
(1) Q!&\ - - - - - -- - - - - --- __
and architectural detail, shall not be permitted.
(3)
(t;) Qurs er bsro, at _ - - e e e .. • curtcina aro prohibitcd on the
exterior and interior of s otrscture when visible from any public strcot. Enioting structures which
alr dy have burglar barn, at , •• - _ _ - - e _ e . • aurtsina ohsll be
brought into compliance with these provisions within s
ownership of the property, whig\'i g\h0 not be more thin ninety (90) days.
{d) Signs. Signo ohsll bc regulated as set forth within chapter 17 of thio Code, except that externally
illuminated monument signs are encouraged.
{e) Lighting. Exterior lighting oh:JJ. be tho minimum necessary to provide sccurity and safety. Direct
lighting soursdc shall Ise shi0ded or recessed so that excessive Tight does net illsminate adjacent
properties or the sky.
(f)
(g)
Fenced. The use of twin link, Isarlsed wirc, razor or concertina wire, an>a cimilc type fencing she I Le
frT.ot.
Landscaping and required buffers. The requirements of article III, division 8 of this chapter shall ap Iy;
except that thc following additional requirements ahall clso apply to new development end to
redevelopment the is subject to thc requirements of article III, division 8. Roquired buffers and
landscape matcrcc 2hall be depicted on ell plane ou+amitted for review. See Figure 12 for a graphical
depiction of street frontage landscaping requirements.
{1) A ten foot wide buffer shall kv. required along the entire parcel frontage of the commercial
corridors, except for driveway This Isaffer shall consist s\f trees required by division 8 and
sIx I zlco ccntc n a ce • • . _ . • - _ _ _ e -c\n Ohrs;kc not Ise than two (2) feet in
height Buffs shall be kept free of debris and litter an+a shcI Ise maintained in a
healthy condition.
{2) Along the front of the prinoipsl bu<Idirig, a oh( foot wide aroa ohsll bo msintsined between the
building and the parking area or any walkway. Thio srrx o II bo waod for landscaping.
(3)
Sod or ground cover be installed ane m.a ntsin;.
'• -e•
-
{4I) Because of the harsh environment of thc commercial corridors, the use of landscape materials
that are drought and heat rooiotsnt is strongly encouraged. Unh !thy or d d landscape
matte ialincluding sod and ground coves s she I he replaced w thin thirty (30) days of written
{5) Stormwater retention or detention facilities may be placed within required buffers, provided that
required landscape materials are provided.
u
z_
J
O
Commercial Corridor
Street Frontage Landscaping
1 i]`min. P I /I I 1:141 I \ I, 1 + 1
1 '� 1.V 1 'i I Y � `r
tROW -'- �--
(Frontage Length)
1
5` min:
0
COMMERCIAL CORRIDOR ROAD
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 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;
11th 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 11th 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.
ATLANTIC BL VD
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 requirements 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 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 (including roof overhangs), 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. Enclosed proiections, such
as bav windows, into required yards shall not exceed twelve (12) feet in length nor shall the
total length of all enclosed proiections exceed twenty percent (20%) of the length of the
building facade. Enclosed proiections, other than chimneys, into required yards shall not be
less than eight (8) feet above the finished first floor elevation.
5EC0IJ P
PROTRUSIO IJ
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. Any wall that is above
this height shall be inset at least five (5) feet from the exterior wall below.
Ceiling joist
Wall plate
(3)
(4)
Third floor footprint. The interior living area of any third -floor -area shall not exceed fifty (50)
percent of the size of the second floor interior living area footprint.
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 shade canopy trees exist in the required front yard, which are listed on
the recommended tree list and are at least four -inch caliper; or
2. Where an oak tree exists in the required front yard, which is at least six (6) feet tall; or
3. Where a healthy shade 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 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. 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. 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 24-654 of this chapter, except that the following shall be considered as grounds to approve
such requests. [Subsections (c) and (d) of scction 21 ✓1 sha�'I 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.
(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.
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.
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.
(3)
(5)
(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;
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 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.
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.
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.
(3)
(3)
(f)
(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.
(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. Where lots or parcels are within the areenwav overlay district (GWOD),
the provisions set forth in section 24-170 shall apply to all use, development, and redevelopment
of such lots and parcels.
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(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, mirxr mtomotive repair, and child care facilities.
(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 33 plumbin
(78) Hotels, motels, resorts, and short-term rentals as defined in section 24-17.
(89) Non -amplified live entertainment performed within an enclosed building, not including adult
entertainment establishments as defined by F.S. § 847.001(2).
(91-0) Civic centers such as libraries, museums, and cultural centers.
(101-) Religious institutions in accordance with section 24-153.
(112) 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.
(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. This does not include drive-through
facilities in association with a car wash.
(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
(f)
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.
Outside storage regulations. The following provisions regarding fencing and landscaping 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 in the LIW zoning district 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.
(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 • .. _ • . - - _ _ _ as follows:
a. A continuous line of shrubs no lesstaller 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.
(g)
(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.
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 properties that meet one (1) or more of the
following: all new nonresidential development and multi family development, including property in
government use. The provisions of this section oh:A. s so apply when the total cost of alteration,
expansion or renovation of existing such development is equal to or exceeds twenty five (25) percent
of the current assessed value of the parcel improvements, or when the total square footage of a
structure is expanded by me, a than tx - • _ 'thin a two year time frame as well as
when any eemulive ai xnneions total more than twenty five (25) percent within a two year time frame.
Construction ccvte ehaII t.l erminod in accordancc with the building evaluation data sheet as
ect ';e"od by th International Code Council.
Additional landscaping and buffer standaroa set fe`th in section 24 171, are required for those
lands within th commercial corridors.
(1) New non-residential or multi -family development.
(2) When the total square footage of a non-residential or multifamily structure is expanded bv more
than twenty five (25) percent or when cumulative expansions total more than twenty five (25)
Percent within a two vear time frame.
(3) When the total cost of alteration, expansion, or renovation of a non-residential or multi -family
development is equal to or exceeds twenty five (25) percent of the current assessed value of the
Parcel improvements within a two vear time frame. Construction costs shall be determined in
accordance with the building evaluation data sheet as established bv the International Code
Council.
(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. Irrigation plan in accordance with section 24-178(b)ndicate 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,
g.
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.
h. A tree protection plan, in accordance with chapter 23, Protection of trees and the natural
environment native vegetation.
(d) Vehicular use area interior landscaping requirements.
(1) Vehicular ucc ar s, in all non residvnticl c\ns muAi family zoning districts except CBD and TM.
At least tTen (10) percent of vehicular use areas (VUAs) used for off-street parking, employee
parking, gas stations, service drives, and access drives shall be landscaped except that the
following shall be exempt from this requirement.
a. Vehicle use areas located within or under a building.
b. Vehicle use areas within the central business district (CBD) or traditional marketplace (TM).
c. Development where ten (10) or less parking spaces are required.
_(2) Vehicular use areas in zoning s�triots CBD and TM. Vehicular use ar s (VUAs) used for off
streot pa` Icing, employee parking, gsc 2tons, service drivas 3h 3 h✓o Isndscaped zero (0)
percent.
(23) 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.
(34) 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.
(45) Landscape islands and medians.
a. Each row of parking spaces shall be terminated by a perimeter landscape area or a
landscape island. Landscape islands shall have with—inside dimensions of not less than
tenfive (105) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double
row of parking. not including the width of the median. Each tcx- mirx� icIond shall contain one
(1) tree.
b. The maximum number of parking spaces allowed between landscape islands is ten (10),
except uo to twenty (20) parking spaces are allowed when the parking is adiacent to a
building.
c. A landscape median at least fifteen (15) feet wide is required to separate parking rows from
each other and from access drives. Landscape medians may contain a pedestrian walkway
provided a planting area at least eight (8) feet wide is maintained.
d. Each landscape island shall contain at least one (1) shade tree. Landscape islands provided
for double rows of parking shall contain two (2) shade trees.
e. Each landscape median shall contain one (1) shade tree for every twenty five (25) linear
feet, or fraction thereof, not including the landscape island.
f. Each side of the landscape terminal island or median 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 intervening building
from any abutting dedicated public street or approved private street, to the extent such areas are
not so screened, shall contain the following:
a. Landscape area.
i. In districts other than CBD and TM, aA landscape area of at least seven (7) feet in width
shall be located between the VUA and abutting street right-of-way. This landscape area
shall be at least ten (10) feet in width when adiacent to Mavport Road or Atlantic
Boulevardctet the ctrcct right of way cxccpt for drivcwayc.
ii. In the CBD and TM zoning districts, a landscape area of at least five (5) feet in width
shall be located between the VUA and the abutting street right-of-way. This landscape
area shall be at least ten (10) feet in width when adiacent to Mavport Road or Atlantic
Boulevard.Non residential developments within the CBD and TM zoning s otriot3 shsll
provido a minimum five foot wide strip of landscape area along the VUA street frontage.
This landscape aros sh:,J2 bo providcd along the strcct right of way except for
driveways.
u
z
0
CBD and TM Zoning
Vehicular Use Area Landscaping
5 ft2 x Frontage Length = XXX ft -2
COMMERCIAL
BUILDING
tri ��i`f
1 5 I`#i 1 <4 P I, 1 4 i �i��\
5' min.
1-
I -(Frontage Length) T
NOT TO SCALE
5' Min,
t
J
7' Min.
Commercial Zoning
(except CBD & TM)
Perimeter Landscaping
1O Minn.
Vehicle Use Area (VUA)
Commercial Building
Road
Figure 17 Vehicular Use Area Perimeter 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.
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. At least fifty percent (50%) of these reauired trees shall be shade trees. This provision may
be waived by the planning and community development director if it is determined that shade
trees will conflict with overhead utilities. however at least fifty percent (50%) of the total trees
required for landscaping must still be shade trees in accordance with section 24-176(i)(2)c.
ed.
fe.
gf.
The remainder of the landscape area shall be landscaped with trees, shrubs, ground
covers, grass, or mulch.
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.
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. Except those within the central business district, aAll
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.
Driveways with landscape islandsto streets. A landscape island within a driveway, in accordance with
Section 24-162, shall be no less than eight (8) feet in width (from back of curb to back of curb) and
contain a six inch continuous raised curb or other alternative approved by the planning and community
development director. At least twenty five (25) percent of the landscaped island shall be covered in
shrubs: the remainder in shrubs, groundcover, mulch or arass.Tho manim zn width of any driveway
not containing a landscaped island throush tho porimotor Isndscape area eh01 bo thirty six (36) feet.
Tho msximum �.'e - _ _ _ - _ •• -
aree.chall to forty cight (18) feet and the driveway shall contsin s lan
not loco than eight (8) fcct in width (from back of curb to back of ourb), ourrounded by a oh( insh
continu�ue mica _ _ • _ - •. . _ _ 0.-s s. • _ - _ . _ e,eholl more than fifty
{50) percent of any etrc.t frontage be paved, ncr t"nll the provisions cif this saction be applied to
reduce the pec mittad driveway width to Isec thin twenty four (24) feet.
Driveways to adjoining lots. Driveways may be permitted by the planning and community development
director to adjoining lots of compatible use.
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.
Buffers required between incompatible or different use classifications.
(1) Where incompatible or different use classifications are adjacent, without an intervening 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:
(3)
a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each
twenty-five (25) linear feet of required buffer strip, or majority portion thereof.
b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip.
c. Visual screen. A visual screen running the entire length of common boundaries shall be
installed within the buffer strip, except at permitted access ways. The visual screen may be
a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds
shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable
standards exists on adjacent property abutting the property line or exists between the
proposed development on the site and the common property line, then it may be used to
satisfy the visual screen requirements.
d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping
requirements and buffer strip requirements of the article, the latter requirements shall prevail.
e. Hardship. If the 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.
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. Trees planted shall be on the City of Atlantic Beach Recommended Tree List as contained
in Article III, Chapter 23 of the code of ordinances. A minimum of fifty (50) percent of all
required treas she;l be shadc trces.
b. flints snd--tTrees used to satisfy the requirements of this division shall have a minimum four
(4) inch caliper and a minimum height of ten (10) feet at the time of planting. Palm trees shall
have a minimum clear trunk height of eight (8) feetmeet the criteria of chapter 23, section
23 17(c)(2)a.
c. A minimum of fifty (50) percent of all required trees shall be shade trees. Where more than
ten (10) shade trees are required, at least two (2) different shade tree species shall be
used.Fifty (50) percent of the tart nx.y be nonshade trees or trees vdAth c mut►:ro canopy of
fifteen (1E) f“.1.
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. In no case shall palm trees be substituted
for more than fifty percent (50%) of required trees, except within the central business district.
f. Criteria for shrubs, vines and ground covers. Hedges and shrubs used for required street
frontage landscaping shall be no less than three (3) feet tall. Hedges and shrubs used
elsewhere to form an opaque screen shall be no less than a three -gallon container [of] 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
g.
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.
i. 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.
(k) Maintenance, irrigation, 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 be in accordance with section 24-178 and include moisture or rain sensors.
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)
(m)
(3)
(4) Tree protection. Tree protection during construction shall meet the provisions of section 23-32.
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.
Special administrative remedies.
(a) Development parcels with sixty (60) feet or less of street frontage may be exempt from the
perimeter landscaping requirements of Section 24-176(e)(2) to provide adequate width for drive
aisles. e e 1 - _ - -on thowsnd
{15,000) square feet or less, the following requiremonts oh�l 1npIy
_1. An automatic fifty (50) percent reduction in landscape yard depth rcqi...romont3 frac
screening, perimeter landscaping depth requirements, and interior landscaping areas; and
n in dl Oanting requirements except for the required
evergreon pzeit'ngs for screening.
(b) In citwations other than eoction (a) above, wWhere 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 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.
(c) The planning and community development director may allow the relocation of required
landscaped areas to preserve existing trees.
In all cases, a buffer shall always be provided if it is required by Section 24-176(i)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 the natural environment -native -vegetation, of [the] city Code.
(a) Applicability. Whc' c an cr tomatic irrigation system is required by this Code inctalledt the
option of the property owner, tThe 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 nNew subdivisions; 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.
(4) Required landscaping in accordance with section 24-176.
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) Irrigation plan.
(1) Single- and two-familv developments are not required to submit an irrigation plan but shall
submit an irrigation permit.
(2) Multi -family and non-residential development shall submit an irrigation plan with the following.
information prior to the issuance of a building permit:
a. Delineation of landscape areas, major landscape features, and plant selections.
b. Delineation of high, moderate, and low water use zones.
c. Location of rain shut-off devices or moisture sensors.
d. Location of sprinklers or water outlets and back flow prevention devices.
(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.
(c) Irrigation system design. Automatic irrigation systems shall be designed to meet the requirements
of Appendix F of the Florida Plumbing Code, article IV of this chapter, and section 22-39 of this
code. The following shall also be incorporated:
• 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, low or moderate volume
irrigation may be used as needed.
• High water use hydrozones shall be located on a separate irrigation zone.
• At least one moisture sensor shall be located in each irrigation zone.
• Emitters shall be sized and spaced to avoid excessive oversprav on to impervious
surface.
(db) 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 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.
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.
{'I) Irrigation system design. Automatic irrigation systomo ohal be designed to mcct the
requirements of Appendix F of the Floritic Plwmbing Code, as adoptcd by chapter 6, article
(3)
IV of city Code and also the requirements of section 22 2P of city Code. The following shall
also be incorporated into the automatic irrigation system design:
a High water use hydrozonoc shall be located on a sore„o irrigation zone.
b. High volume irrigation is limilot. For lawns and turf arizxo that oxcced sixty (60) percent of thc total landscaped ar a
of the lot, low volume irrigation may be used as needed.
c. At least one (1) moisture sensor °hall b
--
d. Fmittors shall be sized and spaced to avoid excessive ovcrspray on to impervious
surfaces.
{c) Hydrozonc plans. Whcrc an automatic irrigation system io inatsll
permit is required, a hydrozone ph�1 Ips sat'mi
Hydrozonc piens c
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 "�,,,dfozonc pen m&y
be depicted on s aurvey or on a site plan prepared by the owner or the owner's agent
volume irrigation indicated.
Recognizing that homeowners often install their own irrigation systoma, s ourvey accurate
hydrozone plan shall not be required in such cases, but the hydrozone plan should
'\t/a minimum-
high water use arosi uoing high volume irrigation muot be on a separate irrigation zone.
{2) All other development, except as described by the preceding parasrsph, °hall provide a
landscape plan as required by section 2'1 177. Hydrozonc details may be shown on the
landscape plan or on a separate sheet drawn at the same scale as the Iandscapo plan. In
addition to thc landscape plan requirements of section 21 177, the hydrozono pan 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 p' n e oval, fires inwection or certificate of occupancy
as may be np imbIs, written verification meet he provided by a properly licensed qualified
contractor, or the property owner, verifying that eII 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 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.
Collectively, 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.
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 requirement 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.
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,
(f)
(g)
(i)
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.
In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
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
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 Protection 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.
(I) 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. Commercial 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.
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.
(5)
(3)
(3)
(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 improvement 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)
Sec. 24-188. - Requirements for approval and recording of a final subdivision plat or a replat.
(a) No building permits shall be issued for any land that has been divided, or any lot that has been created,
except in compliance with the requirements of division 2 of this article and the requirements of Chapter
177, Part I, Florida Statutes. Approval of a final subdivision plat or a replat shall be required when any
of the following conditions result from the division of land.
(1) The division of any land will create three (3) or more contiguous lots or parcels.
(2) The division of land, or the change to a previously recorded plat, platted lot or lot of record, will
alter 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.
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.
(3)
(c) The combination or recombination of previously platted lots or portions of previously platted lots where
the total number of lots is not increased and the resultant lots comply with the standards 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. 24-190. — Minor plat approval; criteriaW3ivcr for s, bdMs-i-ens
The planning and community development director may waive the review procedures outlined in
section 24-203(c)(2) for proposed subdivisions that meet the following criteria:
(a) The parcel will be subdivided into no more than five (5) lots: and
(b) The parcel abuts and each lot created will abut existing dedicated public right-of-wav: and
(c) The development of the parcel will require no additional facility improvements to potable
water, sanitary sewer, drainage facilities, or roads; and
(d) 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; and
(e) The general intent of this chapter is met and the subdivision otherwise complies with State
law.
-{a) General. Where the city commi✓oion finsln the xidue hardship due to unreasonable practical
difficwlticc may result from strict compliance with thic article for subdivisions only, the city cc\mmiccan
may approve a waiver to the requirements of this a; title if the waiver serves the public interest.
{b) Conditions of waiver for subdivisions. An crrling a waive ehaII cwlnmt to the city
sommiooion a written request for the waiver stating the reasons for the waiver and the facts, which
• - . _ • - ommiaoion oho I not approve a wailor unloso it determines as follows:
{1) The partiodsr physical conditiono, ohm o or topography of the specific property involved causes
an undue hardship to the applicont if tho strict letter of the article is carried out.
{2) The granting of the waiver will not be injurious to the other adjacent property.
Th'
of the applicant.
('I) The waiver is consistent with the intent and purpose of this chapter, the comprehensh'o plan snt
the requirements of thi3 xticle. If the city commiesion approves a waiver, the city commicoion
• _ . _ _ _ • - . _ - _ • - .
'ith tho intent
and purpose of thi3 x ti
(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.
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 g -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 preliminary plat or replatchangcs to a previously recorded plat.
(a) A proposes ply shsll b. _ _ _ _ - _ - _ •d ohaI be prepared in accordance with
the requirements of F.S. § 177.091, and ohsll furthor demonstrate compliance with thi3 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) A certified survey with the boundary lines of the area being subdivided with the distance and
bearings and the legal description of the propertv.Tho final plate must be;
_{a) An original drawing made with black permanent drawing ink; or
{b) A nonadhered scaled print on a otcble base film made by photographic proce.ses from a
film scribing tested for residual hypo testing solution to assure permanency.
\aI forms ohs!! be printed on the plat with
s must Ips
submitted with the original drawing.
(2) The lines of all proposed streets with their widths and names. All street names must be approved
by the building department.The size of each sheet of a-propeco>a p!at 0101 Ips determined by the
planning and community development director an cha<I Inc dra y^ w&h 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.
The lines of adioininq streets with their widths and names.When more than one (1) sheet must
_ _ _ _ - . _ _ _ . • - _ _ _ _ _ _ - _ _ _• map must be included and
ch sheet must show the parties r number of the oheet and the total number of sheets included,
(3)
(4) The square footage and dimensions for each lot.ln 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 0 the lands subdivided.
The location of all setback lines and easements provided for public use, utilities or drainage.namc
of the 10c cthaII Igo shown in bold legible letters, CI atWsa in SS. S 177.051. The mmc of the
subdivision ohall b., _ _ - 'onal ourveyor and
mapper or legal entity, along with the street and mailing addr000, must be shown on each sheet
(5)
(6) All dimensions both linear and angular for locating the boundaries of the subdivision, lots, streets,
easements, and anv other areas. Linear dimensions are to be given to the nearest one -one
hundredth of a foot.A prominent "north arrow" ohsll bc drawn on every shoot included showing
any portion of the lands subdivided. The bearing or azimuth reference shall to cl rly stated on
the face of the 'Oat in the _ - _ _ • - - - , • - •_ ha roforcneed
to some well established and monumented line.
(7)
The radii, arcs, chords, chord bearings, points of tanaencies and central angles for curved streets
and rounded block corners, per Florida Statutes.Permanent reference monumuitc mu0 be
not be more than onc thousand four hundred (1/100) fcct apart. Where such cornero aro in SR
inaccessible place, "PR.M\o" ohall b.. - • - -
such offset ohi)J. 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 thoria ion number of the legal entity on the previously
sc. "RP..At\" shall b_ : _ : ......:- -S, 01all ss 0.a`c\ Pumanent
reference monuments a I -K92 bc set before the recording of the loa The "P.R.Mlc" hhaI Iso shown
on the plat by an app opriate symbol or designation.
(8) The name of the subdivision, the scale of the plat, points of the compass and the name of the
owner and owners of the subdivision.Permanent control pntc shall b.
• _ _ _ . _ - u mine;c of all streets, at each change of direction, and
no more than onc thousand (1,000) fcct apart. SN:ch "P.C.P.o" ohsll bo shown on the plat by an
(9)
appropriate symbol or designatis`n. In ins`sr cos where no subdivision improvements must L9
constructed in accordance with the city approval 0 s rcA�!st, "RC.Rs" may Ica sat K iar-to
the recording of the plat and must be set within one (1) year of the date the plat was recorded. In
• _ _ s hm:N-1d or surety insuring the construction of
said improvements, is required, " P.C.P.o" must bo set prior to thc cxpiration of thc bond or other
surety. If the professions) 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
professi&' I surveyor and mapper or legal entity has been terminated, the subdivider shall
• _ _ _ - .ons) surveyor and mapper or legal entity in good standing to place the
"P.C.P.s" within the time allotted.
All flood hazard areas as established bvthe FEMA Flood Insurance Rate Maps.Menurnont cfliM
be -act et ell I - - - - - - - - • - .. .
subdivision which do not requires "PP.M." or a "P.C.P."; however, a monument need n> t be act
if a monument already 01(;/:_t 9,t au_• : - _ _ .. • .
cannot be set due to a physical obstruction. If no subdivision improvorron*rs 2re required,
rnonumon a rr y be set prior to the recording of the plat and mot bc set at thc lot corners before
the transfer of any lot. If subdivision improvements are required, and the city requires a bond or
other surety, monuments ohsll be set prior to thc cxpiration of the bond or othcr surety. If the
professir - I surveyor and mapper or legal entity of record is no longer in practice or is not
available due to relocation, or when the contractual relat%ronohip b� -
professi&' I surveyor and mapper or legal entity has been terminated, the subdivider shall
contract with a professimal surveyor and mapper or legal entity in good standing whs 0h0 Cc
allowed to place the monuments within the time allotted.
(10) Natural features including iurisdictional wetlands, lakes, water courses, and other pertinent
features.The section, towns\hii and range ch.^1J. &si:o,ar immediately undo the Ramo of the plat
•-- -- - •t* 00 .e in which
the land being platted io oitsNsted.
(11) The present zoning district(s) the property is located in.Eaoh plat ohsll ohow a description of
the lands subdivided, and thc dcsoription ohsll be the same in thc title certification. The
description must bc co complete that from it, without reference to tho ply, thc starting point and
boundary can be determined.
_(12) Tho dedications and approvals required by F.S. §§ 177.071 and 177.081 and any other
dedication required by the city must be shown.
(-18) The s rssit s - - - - _ - ins: surveyor and mss o's sial and
statement required by F.S. § 177.0i1 0E11 he shown.
{14) All section lines and quarter section lines occurring within the subdivision 0h0 Ice indicated by
lines drawn upon the map onr!st, with appropriate words and figures. If the description is by
metes and bounds Ell 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 arc not included in thc subdivision of government surveys, then the boundaries
arc to bc defined by mctcs and bounds and courses.
{15) Location, width, and names of all streets, waterways, or othcr rights of way shall bc shown, as
applicable.
{16) Location and width of proposed easements and cxisting scmentc identified in the title opinion
or certification required by SS. § 177.041(2) 0E11 Iso shown c\n the est o in the notes or legend,
and their intended use °hall b:omontts 2,re not coincident with property
of way.
{17) All contiguous properties shell b _ _ . - _ _ .: _• p!st kook, and page, or, if
unplatted, land ohsll bc so designated. If thc subdivision plattcs io s part or the whole of a
previously recorded subdivision, sufficient tim ohn»J. be shown to controlling lines appearing on
the earlier plat to permit an overlay to be made; the fact 0 its lung-a-rts\Iat shell be stated as a
E\i c\hect included. The subtitle mss` s:s&e the name of
the subdivision being replatted and the appropriate recording reference.
{18) All Iota ahsll be numbered either by progressive numbers or, if in blocks, progressively
• - - -pt theblocks
in numbered additions b ring the same name may bc numbered consecutively throughout thc
several additions.
(10) Sufficient survey dsake ahsll be shown to positively dcscribc thc 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 subdivisic\n 0h0 Co enclosed by a
to the irregular boundary shown with ao much certainty as can be determined or as "more or less,"
if variable. Lot, block, street, and all other dimensions except to irregular boundarie s\hs;l hs
shown to a minimum of hundredths of feet. All measuremontt shell. re#or to horiz01ts\ p!c\ne and
in accordance with the definition of the L S. Survey foot or meter adopted by the National Inotitiato
of Standards and Technology. All measurements shall use the 39.37/12-3.2803.=33
equation for conversion from s blS. foot to meters.
{20) Curvilinear lot lima ahsll chow the radii, arc distances, and cantril. ir.gles. Radial lines will bc
so designated. Direction of nonradial lines she!.. be indicated.
(21) Sufficient angles, bosrings, or szimshh to show direction of all linc6 call be shown, and all
bearings, angles, or szimugh ahs!I be shown to the nearest second of arc.
(22) The centerlines of all streets hill be shown as follows: noncurved lines: distances together
with either angles, bearings, s\ eaimsths; curved lines: arc distances, centre).. engles, and radii,
together with chord and chord bearing s` szimeths
(22) Perk end recreation parco'i: 2,2 ipplicable sh).).. be so designated.
{24) All interior excepted parcels as described in the description of the lands being subdivided shall
_ of s pert of thio plate<"
(35) T
must b
_{26) When it is not possible to show line or curvo ds\ke information on the msp, s tsbulsr form may
be used. The tabular data must appear on the sheet to which it applies.
{27) Tho plat ohsll includo in s prominent place the following statements: "NOT[ E: Thio ply, so
recorded in its graphic form, io the official depiction of thc subdivided lando described herein and
will in no circumstiences bo cv nnte+a in ssth _ _ .. _ _ _ •• _ _ . .
There may be additional restrictiens thst s\ o not recorded cn this plet thc t may be found in the
public records of this county."
{28) All platted utility easements ch).l. provide th,t such easomont ahth)- )so be easements for the
cmstrskis\n, instsl!kis`n, meint- • . • _ - _ - - ;
however, no such construction, instiel!stis\n, meint- • . • - - _
servo chill interfere with the facilities and services of an electric, telephone, gas, or other public
utility. In the event a cable television company damages the facilities of a public utility it ohsll be
solely responsible for the damagoa. Thi3 ocction ohs!! n -
granted to or obtained by s particular electric, telephone, gas, or other public utility. Such
construction, inats!lation, maintenance, and operation ohsll comply with the National Electrical
Safety Code as adopted by the Florida Public Service Cvmmis.�on.
{29) A legend of all symbols and abbreviations ohall be shown.
{30) An opinion of title, deme rc>.ing owneN-Ohic in the name 0 the sWicant, indicating all
eooumbxarxec on the lands to be encompassed by the plat or r met, end a copy of all recorded
documents referenced in the opinion of title.
(b) Preliminary engineering drawings. Five (5) copies of pPreliminary engineering drawings shall be
submitted for distribution and review by appropriate city departments. Preliminary engineering
drawings shall depict the general location of the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Water system lines and support facilities.
Sewer system lines, any lift stations and support facilities.
Stormwater and drainage facilities, easements and other such features.
Any bulkheads.
Street profiles.
Sidewalks, bicycle paths and pedestrian paths.
Excavation and fill areas including any impacted wetlands.
(c) Review process.
(1) Upon receipt of a complete and proper application for the proposed plat, copies shall be
distributed to appropriate departments for review and comment. Review comments shall be
provided to the applicant in writing within fifteen (15) business days of receipt of the complete and
proper application.
(2) 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.
(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 or replat 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
(3)
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 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.
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
comments shall approve, deny or approve subject to specified conditions, the final plat for
recording, based upon compliance with the required certifications and security requirements and
with the other requirements and provisions of this article and other applicable policies, ordinances,
laws and regulations. If substantial changes to lot, block or street layout or lot 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)
Secs. 24-205-24-220. - Reserved.
DIVISION 3. - REQUIRED IMPROVEMENTS
Sec. 24-221. - Generally.
All new development and redevelopment, including areas of previously approved subdivisions
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 24-25960.)
(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.
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.
(i)
(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
deposit or account shall be made only within thirty (30) days after the developer's engineer has
certified to the city that the cost of improvements installed equals or exceeds the amount of the
draw requested plus any previous draws made and the 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.
(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.
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.
(3)
(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 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.
(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. 24-236-24-24650. - Reserved.
DIVISION 5. - DESIGN AND CONSTRUCTION STANDARDS FOR ALL DEVELOPMENT AND REDEVELOPMENT
Sec. 24-247. - Purpose and intent.
(a) The purpose and intent of these regulations is to provide for the harmonious development of the City;
to secure a coordinated layout and adequate provision for traffic within subdivisions and with other
existing or planned streets: and to secure adequate provision for light, air, recreation, transportation,
potable water, flood prevention, drainage, sewers, other sanitary facilities, environmental protection
and City services. It is also the legislative intent that the guidelines and general standards set out in
the Comprehensive Plan, shall be observed in the administration of these regulations, so that
development which is approved under this Chapter is consistent with the Comprehensive Plan. Natural
areas, wetlands, and native vegetative areas with native habitat should be considered in the overall
final design so as to minimize degradation of these areas.
(b) In addition to the minimum requirements for construction of such improvements as roads and drainage,
compliance with the intent of these regulations requires that good design be practiced in development
and subdivision planning, valuable and scenic natural features be conserved and adequate open
space be made available for public use. Subdivision and design for all types of development should
be adapted to the peculiarities and opportunities of the site, and should utilize contemporary
imaginative design. Size, shape and orientation of lots and blocks should be carefully considered with
relation to future use of the various lots to be created.
(c) It is intended that this article be liberally construed to accomplish its stated purposes.
Sec. 24-248. - Design flexibility.
(a) Flexibility, Good design, and layout for development of land is encouraged to promote the preservation
of natural and native features of the land, wetlands and environmentally sensitive areas, historical and
archeological sites, and to provide recreation and open space. This shall be accomplished by
clustering development, special planned areas, transfer of development, easements, and similar
design tools.
Sec. 24-24954. - 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 requirements 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 special flood
hazard areas or other flood -prone areas, as designated by the Federal Emergency Management
Agency, Fedora Insurance Adminiotrstion, 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 historic and/or natural drainage or adversely affect other areas
upstream or downstream through added runoff. obstructed waterflow. or adverse impacts to
water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these land development regulations and all design and construction standards
referenced therein including, but not limited to: Florida Department of Transportation Drainage
Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans shall demonstrate compliance with the stormwater
management provisions of section 24-89&8 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.
A written design recommendation for asphalt and base course designs prepared by a
Florida licensed geotechnical engineer based on field testing of existing soils. Said design
recommendation shall be submitted prior to the commencement of any street construction
or any construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers 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
(3)
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. 24-250. - Transportation analysis.
(a) Any new development or subdivision that is estimated to generate five hundred (500) or more average
daily trips, or fifty (50) or more peak hour trips, shall be required to undertake a traffic impact studv.
The purpose of the study shall be to identify and assess on-site, near site and off-site transportation
improvement needs related to the proiect within one-half mile of the property. Trip estimates shall be
based on trip generation rates from the most current edition of "Trip Generation" (published by the
Institute of Transportation Engineers). Trip generation rates from other sources may be used if the
developer demonstrates to the city's satisfaction that the alternative source better reflects local
conditions. In addition. the city manager or designee may waive the study requirement or otherwise
adiust the study area boundaries based upon a reasonable determination that the proiect will not
unduly impact the existing public transportation system.
Sec. 24-251. - Sidewalks.
(a) New residential developments and subdivisions containing five (5) or more dwelling units or lots shall
provide for internal sidewalks, bike paths, or multi -use paths. It shall be the responsibility of the
developer to construct such facilities and to provide connections to any other specific public facilities
existing on adioininq lands.
(b) New residential developments and subdivisions containing five (5) or more dwelling units or lots and
new commercial development shall include a sidewalk within the existing or approved right-of-way.
This provision may be waived by the planning and community development director if there are no
existing or planned sidewalks or public facilities (i.e. parks, shopping centers, etc.) to connect to.
(c) New development on corner lot parcels that are adiacent to an arterial road shall provide a sidewalk
along the side street unless one already exists. The sidewalk shall extend the full length of the property.
(d) New development within the central business district shall provide an eight (8) foot wide sidewalk for
public use on each street frontage side of the parcel unless one already exists.
(e) Sidewalks shall be constructed at a minimum width of six (6) feet, unless stated otherwise or this width
is not possible. Sidewalks shall be placed as far away from the street pavement as possible. A shared
use path at least eight (8) feet wide may be required upon the presence of nearby paths, if the location
is part of an established plan for shared use paths, or if the location is an important link between
existing bicycle and pedestrian facilities.
(f) Pedestrian crosswalks may be required where deemed essential to provide circulation or access to
schools, playgrounds, parks, commercial centers, transportation facilities, or other community
facilities.
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. Local streets shall connect with surrounding local or
connector streets to permit the convenient movement of traffic between neighborhoods and
facilitate emergency access and evacuation.
(2) New local streets shall be designed in a manner, which discourages use by through traffic.
(3) Make provisions for the continuation of existing streets in adioininq areas and inter -neighborhood
connections. Wherever a subdivision abuts undeveloped land, unplatted land, or a future
development phase of the same development, street stubs shall be provided as deemed
necessary by the city to provide access to abutting properties or to logically extend the street
system into the surrounding area. All street stubs shall be provided with temporary turn -around
or cul-de-sacs unless specifically exempted by the public works director, and the restoration and
extension of the street shall be the responsibility of any future developer of the abutting land.
(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. Where
a proposed subdivision or development does not abut a public street, access shall be provided in
accordance with this division. 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 and the following standards:. -
(1) Provision for the continued private maintenance of any private street shall be provided to the city
prior to issuance of any building permit. The maintenance agreement shall be approved by the
city attorney and recorded with the deed of each property to be served by the road and shall
provide for:
(a) A method to initiate and finance a private road and maintain that road in good condition:
(b) A method of apportioning maintenance costs to current and future users:
(c) A provision that the city may inspect, and if necessary, require that repairs be made to the
private road to ensure that safe access is maintained for emergency vehicles. If required
repairs are not made within six (6) months of date of notice, the city may make the necessary
repairs and assess owners of parcels on the road for the cost of all improvements plus an
administrative fee, not to exceed twenty five percent (25%) of total costs:
(d) A provision that the majority of all property owners on the road shall determine how the road
is maintained except in the case of emergency repairs as outlined above:
(e) A statement that no public funds shall be used to construct, repair, or maintain the road:
(f) A provision requiring mandatory upgrading of the roadway if additional parcels are added to
reach the specific thresholds: and
(q) A provision that property owners along that road are prohibited from restricting or in any
manner interfering with normal ingress and egress by any other owners or persons needing
to access properties with frontage on that road.
(2) Adequate access for emergency vehicles shall be provided for each property served by the private
road.
(3) All private roads shall be designated as such and have adequate signage indicating the road is a
Private road and not publicly maintained.
(4) No private road shall be incorporated into the public road system unless it is built to public road
sepcifications. The property owners shall be responsible for bringing the road into conformance.
(e) Where the impact of new development can be demonstrated to reduce any transportation 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.
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.
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.
(f)
(g)
(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.
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
(i)
STREET TYPE
Minor Collector Street
Local Street: Without curb and gutter
Local Street: With curb and gutter
Cul-de-sacs and loop streets not exceeding 1500 feet in length: Without
curb and gutter
With curb and gutter
Alley: Commercial
Alley: Residential
RIGHT -OF- PAVING
WAY WIDTH
60 feet 224 feet
60 feet 20 feet
50 feet 204 feet
60 feet* 20 feet*
50 feet* 20 feet*
30 feet 12 feet
20 feet 10 feet
*Required for linear portion of cul-de-sacs and loop streets. See following subsection (1i) for
dimension of turn-arounds.
Notes:
1. These roadway design elements may be modified for extensions of existing streets to fit within
available right-of-way as determined by the Public Works Director.
2. In residential areas where richt-of-way is limited, travel lane widths may be reduced in accordance
with FDOT standards.
3. In industrial areas and where truck volumes are significant. 12 foot travel lanes may be provided.
4. In constrained areas where truck volumes are low and design speeds are below 35mph, 10 foot
travel lanes may be used for collector roads.
(j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. Dead-end streets should only be utilized where no other alternative exists.
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.
(I) If a subdivision abuts a street right-of-way that does not conform to the designs specifications provided
in this code, the developer may be required to dedicate one-half the right-of-way width necessary to
meet the minimum design requirements.
(m) Sianaae, pavement markings, and sianalization. The developer shall provide all necessary roadway
sians. pavement markings. and traffic sianalization as may be required by the city, based upon the
auidelines in the Manual of Uniform Traffic Control devices, or altnernative city standards.
(n) If located within a special flood hazard area. new streets reauired for subdivision of five (5) or more
lots shall be constructed so that the crown of the road is at or above the established base flood
elevation.
(o) Alleys shall be provided wherever possible at the rear lot lines of all commercial and industrial
subdivisions.
(p) Alleys may be provided in residential districts subiect to the following:
(1) Alleys shall not provide access to more than fifteen (15) residential lots per side of the alley.
(2) Alleys providing access to more than five (5) residential lots shall terminate at both ends with a
local street.
(3) Dead-end alleys are only permitted when providing access to no more than five (5) residential
lots. Such alleys shall provide adequate turn around facilities at the dead-end.
(a) When a new subdivision is created. lots abuttina an arterial or collector road are prohibited from having
direct access to that arterial or collector road. Instead. access to these lots shall be from an interior
local street or alley and access riahts to the arterial or collector road shall be dedicated to the city and
run with the land.
(r) Local streets should not be over -designed or over -built (i.e. excessive width) and should be designed
to discourage excessive speeds through the use of curvilinear alignment, chicanes, and similar design
strategies.
(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. - UtilitiesDrivcways.
(a) Placement of utilities underground. Utility lines of all kinds, including those of franchised utilities,
electric power and light. telephone. cable television, water, sewer, and pas shall be constructed and
installed underground within easements or dedicated rights-of-way. The underground installation of
incidental appurtenances such as transformer boxes, pedestal -mounted terminal boxes, meter boxes
for electricity or similar service hardware necessary for the provisions of electric and communication
utilities shall not be required. Underground placement of utilities may be waived under one (1) or more
of the following conditions:
(1) It is determined by the JEA or public works department that soil, topographical or another
compelling condition makes the underground installation of the utility lines as prescribed herein
unreasonable or impracticable.
(2) Subdivision of less than five (5) lots if the service to an adiacent area is above around and no
further development of the proposed subdivision is contemplated.
(3) Lots abutting existing easements or public rights-of-way where above around electric. telephone.
or cable television distribution supply lines and service connections have been previously installed
may be supplied with such services from the utilities' overhead facilities.
(b) Utilities and critical facilities shall not be located within a special flood hazard area or any flood prone
areas as identified by the city's most recent coastal vulnerability assessment. If location outside of
these areas is impracticable. utilities shall be elevated or constructed to minimize or eliminate risk of
flood damage.
(c) Electricity. Every principal use and every lot within a subdivision shall have available to it a source of
electric power adequate to accommodate the reasonable needs of such use and every lot within such
subdivision.
(d) Illumination. All roads. sidewalks, bikeways. parking lots. and other common areas and facilities in
developments shall provide sufficient illumination to ensure the security of property of persons usina
such areas and facilities.
�) C`riveways and access ways shs11 be constructed in accordance with thc requirements of section 19
7 of this Code, and as set forth within this section.
(1) Rooidential driveways ohsll not create more than fifty - . _ _ • • - -
ke limited to the following widths.
{2) M ximamwith it the property line and through thc right of way shall be twenty two
{22) feet, subject to not exceeding fifty (50) percent impervious area in the right of way.
{3) MgHimum •- _ . _ - _ - - _ _ _ • - _ _ _ . _ _' _ _ _ _ ' . s chg11 he twelve (12)
feet subject to subject to not exceeding fifty (50) percent imlcervious ar a in the right of way and
shall only be permitted on lots having at least one hundred foot frontage.
{1) Maximum driveway with st the property line and through thc right of way for two family
dwellings on a fifty foot wide lot ohsll be a combincd width for both driveways of twenty four (21)
feet.
. _
(b) Shsr- e e . • - - - _ _ - _ . _ 'a a1 -all be permittcd subject to provision of a
shared access easement or other legally binding agreement between sll psrties 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. When a developer installs or causes the installation of water, sewer, electrical power,
telephone, or cable television facilities and intends that such facilities shall be owned, operated, or
maintained by a public utility or anv entity other than the developer, the developer shall transfer to
such utility or entity the necessary ownership or easement rights to enable operation and maintenance
of such facilities. 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. Utility easements shall be located to
minimize risk of flood damage and, where possible, shall not be located within a special flood hazard
area or other flood prone areas as identified within the citv's most recent coastal vulnerability
assessment.
(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. Where existing right-of-way is insufficient to
provide a sidewalk at least six (6) feet in width, a pedestrian easement mav be required to provide
necessary pedestrian facilities.
(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.
(q) Conservation or similar easements mav be required to conserve and protect open space, floodways,
floodplains, wetlands, water recharge areas, environmentally sensitive lands, wildlife habitat, or
historic features.
(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.
(4) Limitations and opportunities of topography, with special emphasis on drainage of the proposed
development and the possible adverse effects of that drainage on surrounding properties.
(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)
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 aftar tha initis) affactivc
ono ohsll hsve a width of lox. than seventy five (75) fcct at the
building restriction line, or ohsll it contain It,c than coven thousand five hundred (7,500) square feet
un4v22 so psrt of s plsnncd unit development, spcoisl pinnnod area or so psrt 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 or approved private street. No new lot shall be created, which prohibits established access or
reasonable access from tan abutting property to a street.
(e) Double frontage (through) lots. Creation of new residential lots having double street frontage shall be
avoided except where rear -access development is approved to improve access management and
Pedestrian safety.
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.
Building restriction lines may be required on any land which is found to be unsuitable for development
use by reason of its being subject to flooding.
(q) Flood protection.
(1) Lots and buildable areas of new lots shall not be located within special flood hazard areas where
possible and lot arrangement shall aim to avoid or minimize potential for flood risks.
(2) The buildable area of any new lot in a subdivision shall not be within fifty (50) feet of a regulatory
floodway as designated by FEMA on the most recent FIRM.
(f)
(h) Flag lots. Flag lots are not permitted unless deemed necessary to preserve or minimize impacts to
environmentally sensitive lands or minimize flood risks.
(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)
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 'o subject to the provisions of the following section 24 260.
(c) New septic tanks on existing lots of record shall be subject to state and county regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)
Scc. 24 269. IrctraIla+.ion of scptionkc, prig
systems.
-d pursusnt to the exemptions from tho requirement for approval
and recording of s fines' subdivision plat or rop'rat Ts sot forth within section 21 130, oho)). contain a
minimum lot area of one (1) acre, exclusive of wetlands, in order to usa private wastewater systems
and septic tank or any -type -of -onsite sewage treatment and disposal systems, excW that any lot
within one hundred (100) feet of any central sewer line &\hdl hs required to connect to cantr21/zrrvices
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. 24-260 - 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 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. 90-19-240. § 3(Exh. A), 7-8-19)
:
w•wwe..e an erste. neeema cas.emn..oea
Figure 18 Potable Water Wells
Sec. 24-264. - Investigations and monitoring.
MAP C-1:
POTABLE WATER
WELLS
CV of Atlantic Beach
2018-2030 Comprehensive Plan
Amendment Map Series
Potable Water Wells
• Existing Wells
Well Buffers
(n 250 Feet
500 Feet
1,000 Feet
Boundaries
El Atlantic Beech City Limits
Moo B*M0$ Arse
N
roo
��
0 on as
(a) A map shall be developed and 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 hazardous waste transporters' facilities, hazardous waste notifications, solid waste
facilities, storage tank and petroleum contamination/cleanup records, U.S. Environmental Protection
Agency 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 Districts (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.
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:
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Proper grout seal outside of the casing;
Presence of an approved and certified backflow prevention device if required;
Proper sanitary seal on wellhead;
Concrete pad around wellhead;
Surface water drainage;
Well casing integrity; and
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 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 plugging and 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 any other 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. 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)
Sec. 24-269. - Reserved.
DIVISION 2. - PROTECTION OF WETLAND, MARSH AND WATERWAY RESOURCES
Sec. 24-270. - Purpose and intent.
Wetlands serve essential ecological functions such as reducing downstream stormwater flow,
recharging groundwater, improving water quality, and providing wildlife habitat. Upland buffers help
wetlands function by filtering storm runoff from surrounding development, trapping sediment, absorbing
nutrients, and attenuating high flows. Buffers 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. 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 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 timc through previous
development, storm evonts, improper drainage runoff or other adverse activities, but where wetland
vegetation -an halcitnt still ore predominont in quantity on a proposed development si ill pins
submitte _ - . - .. _ _ •• _ •_ _• .. o rAin for mitigation, restoration, replacement,
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) {a) It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, clear,
destroy, or alter any wetland or upland buffer areas as defined herein without obtaining a development
permit from the city in accordance with the provisions of these regulations.
(b) 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 rcgsiro an onvironmental
• ra is s►iEpocted on a site tkit is not shown on
the wetlands or environmentally sensitive aroao ;rvra. 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. City staff may also require an environmental
assessment if wetlands or environmentally sensitive areas are suspected on a site that is not shown
on the wetlands or environmentally sensitive areas maps. The environmental assessment shall include
a delineation of onsite and adiacent 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 Water Management District's
or the state's jurisdictional wetland boundary line. Such buffers protect wetlands from the impacts of
adjacent land use. e - - - - _ - e e _ _ _ _ _ _ -e. _ _ _ . 'ro}Tosm
stormwater flow, recharging ground water, improving water *Why Iity and providing wildlife hnhtnt.
s, m rsnoff from surrounding development, traWng
sedirr r>t, nIxorbing nutrients in nttenunting high flowE\ Qs:ffm o so provide high quality wildlife
I•x:hi+c trate 2nd physically separate wetlands and estuaries from developed areas in order to lessen
noise, light and chemical pollution and other associated isturk-nnoe-s-by humans. Upland buffers shall
remain substantially in their undisturbed and natural state.
(1) For development occurring 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
_ - the Intracoastal Waterway regardless of
any othcr regulatory agcncy requirement of a lesser distance. Such portions of theso tributaries
ctreomor other water bodies sahjsct to this requiremont ohcll be stab inhed by the
presence of a mean high water line for the applicable trilutary, stream or other water body.
(2) Single-family Tots of record platted prior to January 1, 2002, shall be exempt from the fifty (50)
foot wetland buffer requirement, but shall maintain a twenty-five (25) foot natural vegetative buffer
between developed areas and iurisdictional wetlands. For development occurring after March 8,
n nnturnl vegetativffc' , wh4th is a minimsm width of twenty five (25) foot, oh:.11 be
m;,rntainod 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
unreasonable or impractical, an averaged twenty -five-foot undisturbed buffer with a minimum no
less than fifteen (15) feet may be provided.
(3) In an area where the upland buffer is or will be comprised of fill material, or the bank of a
stormwater system, with permits by state and federal regulating agencies, the area shall be
reestablished as a natural upland buffer by the replanting of plants that are natural and native to
the original ecological community. Turf grasses and exotic or non-native plants are prohibited.
Upland buffer planting plans shall be provided with the development application.
(4) Required upland buffers shall be recorded on surveys for new development.
(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.
Single family lots of record platted prior to 1, 2002, 3hJJ bo exempt from thc fifty foot
wetland buffer requirement, buy 3h:JJ. be subjcct to thc twenty five foot upland buffer requirement
as described in prcccding subsection (c)(2).
(34) 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.
(45) 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.
(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 wetland and required upland buffer:
a. Filling, dredging or soil compaction : • - • .
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 include:
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.
f. Construction or installation of anv building, structure, pool, fence, street, alley, driveway, or
parking area.
a. Construction or installation of anv stormwater retention or detention.
(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 or planting of suitable native vegetation.—fellowing
documcntcd verification by thc aminictrotar-
b. Clearing of understory vegetation as defined by chapter 23 of the city's Municipal Code of
• _ - shsll be approved by thc city and if required, thc
appropriate state or federal agcncy prior to any form of clearing, alteration or disturbance of
the required upland buffer.
bc. 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.
_(3)
cd. 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.
MAP A-4:
ENVIRONMENTALLY
SENSITIVE AREAS
City of Atlantic Beach
2018-2030 Comprehensive Plan
Amendment Map Series
E-1 ca n ne„m.,rr
Coastal ConWUWcn Conti Ws
-ss w omwenatnn Lana
i7-7,
- SJPVQMD Weaantls
US FWS wetlands Invento7
IIIIIIl�1 EAUJ��e 3n6 M m Pteve�n
411.2 kA...yec s0 NUnne Welund
riwrhx�lw rmwgenl Wrtnd
.'_ Frea,*arn W.d. ntl
- 4rvenns
Essential Habitat
Figure 19 Environmentally Sensitive 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.
(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
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.
(3)
(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 concurrency 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 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 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 development 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.
(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.
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.
(7)
(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.
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 implementation 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.
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.
(3)
(3)
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19)