Ordinance No. 90-25-258ORDINANCE NO. 90-25-258
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND
DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE
NUMBER 90-24-253, INCLUDING ALL AMENDMENTS THERETO; THIS
ORDINANCE SPECIFICALLY AMENDING SECTION 24-161, OFF-STREET
PARKING AND LOADING, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 14, 2024 the City Commission of the City of Atlantic Beach
enacted Ordinance No. 90-24-253 amending and restating the City of Atlantic Beach Land
Development Regulations, Chapter 24 of the City's Code of Ordinances, and
WHEREAS, the City of Atlantic Beach recognizes that said Chapter 24, Land
Development Regulations, requires comprehensive revisions periodically to meet the community's
needs to update content, standards, and administrative guidance; and
WHEREAS, the City of Atlantic Beach desires to have Land Development Regulations
that are clear, concise, and streamlined; and
WHEREAS, Section 163.3174(l), Florida Statutes, requires that the governing body of
each local government in Florida shall designate and by ordinance establish a "local planning
agency;" and
WHEREAS, the City of Atlantic Beach Community Development Board has been duly
designated as the Local Planning Agency of the City; and
WHEREAS, Section 163.3174(4)(c), Florida Statutes, provides that the land planning
agency shall review all proposed text amendments to land development regulations and make
recommendations to the governing body as to the consistency of the proposed revisions with the
adopted comprehensive plan; and
WHEREAS, the Community Development Board acting in its capacity as Local Planning
Agency, held a duly advertised public hearing on August 26`", to receive public comments on the
proposed amendment to Chapter 24, Land Development Regulations and, finding the proposed
amendment to said Chapter 24 consistent with the City's adopted 2045 Comprehensive Plan, voted
to recommend adoption of said update and revisions to Chapter 24, Land Development
Regulations; and
WHEREAS, after due notice and publication, the City Commission held two (2) public
hearings to receive public comments and receive the recommendation of the Community
Development Board; and
WHEREAS, the City Commission has found and determined that the proposed update and
revisions to Chapter 24, Land Development Regulations will foster and preserve the public health,
Ordinance No. 90-25-258 Page 1 of 3
safety and welfare and aid in the harmonious, orderly and progress development of the City of
Atlantic Beach and thus will serve a valid public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Re lu�_Amended. Section 24-161 of Chapter 24, Land Development
Regulations of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby revised,
as more fully set forth and described in Exhibit A, attached hereto and made part hereof, and hereby
adopted to read as shows in said Exhibit A
SECTION 2. Purpose and Intent. This Ordinance is enacted to carry out the purpose and
intent of, and exercise the authority set out in, the Community Planning Act, as codified in the
applicable portions of Chapter 163, Part II, Florida Statutes.
SECTION 3. Findings. The City Commission hereby finds and determines that:
(a) The findings set forth in the recitals to this Ordinance are true and correct.
(b) The Community Development Board, acting in its capacity as the Local Planning
Agency for the City held a public hearing on August 26th, to consider the proposed
amendment to Chapter 24, Land Development Regulations of the City's Code of
Ordinances, and found them to be consistent with the Comprehensive Plan, and
recommended that the City Commission adopt said amendment to Chapter 24, Land
Development Regulations.
(c) The amendment to Chapter 24, Land Development Regulations, of the City's Code of
Ordinances, is consistent with the City's adopted 2045 Comprehensive Plan.
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5. Codification and Scrivener's Errors. The publisher of the City of Atlantic
Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate
the Land Development Regulations Update as Chapter 24 into the City's Code of Ordinances.
Sections of the Land Development Regulations Update may be renumbered or re -lettered and
scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical
errors in Chapter 24 which do not affect the intent may be authorized by the City Manager and
City Attorney without the need of public hearing, by filing a corrected or re -codified copy of same
with the City Clerk.
SECTION 6. Applicability. The provisions of the Land Development Regulations
amendment shall apply to all applications, decisions or controversies pending before the City of
Atlantic Beach upon the effective date hereof or filed or initiated thereafter, provided that certain
development, land use or construction, if qualified, may have vested rights to continue or be
completed under the terms of the repealed ordinances or provisions therein.
Ordinance No. 90-25-258 Page 2 of 3
SECTION 7. Severability. If any section, sentence, clause, or other provision of this
Ordinance, or any provision of the Land Development Regulations amendment shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding of invalidity or unconstitutionality
shall not be construed as to render invalid or unconstitutional the remaining sections, sentences,
clauses, or provisions of this Ordinance, or of the Land Development Regulations Update.
SECTION 8. Effective Date. This Ordinance shall take effect upon final review and
approval.
PASSED by the City Commission on first read 22nd day of September, 2025
PASSED by the City Commission on second and final reading this 13`" day of October, 2025.
CITY OF ATLANTIC BEACH
I kf.
Curtis or , Mayor
Attest:
/J,0171iYL� v4a�—
Donna
L. Bartle, City Clerk
Approved as to form and correctness:
Z�6 q4�
Jason Je"
Attorney
Ordinance No. 90-25-258 Page 3 of 3
EXHIBIT A
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. Table 4 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 subject to 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.
(5) There shall be no sales, service or business activity of any kind within any parking
area.
(6) Parking, stacking, and loading space areas shall not be used for any other purpose,
including, but not limited to the storage of equipment, materials, boats, or recreational
vehicles.
(7) Applications to vary from the requirements of this section shall follow the procedures
set forth in subsections 24-65(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.
(8) Parking areas and driveways shall not obstruct stormwater facilities, drainage swales or
clear vehicular sight distances.
(9) 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.
(10) 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
EXHIBIT A
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/z) shall require a full space.
(e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses
not specifically mentioned in this section shall be the same as required for the use most
similar to the one (1) sought, it being the intent of this section to require all uses to provide
adequate off-street parking and loading.
(f) Location of required off-street parking spaces.
(1) Parking spaces for residential uses shall be located on the same property with principal
building(s) to be served.
(2) Parking spaces for uses other than residential uses shall be provided on the sai:ae *
o . 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 if necessary shall require a shared parking agreement in accordance with this
section.
(3) Off-street parking for all uses other than single and two-family residential shall be
designed and constructed such that vehicles will not back into public rights-of-way,
unless approved as onstreet parking. Parking spaces shall not extend across 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.
(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.
EXHIBIT A
4i ei4 owners n dead ron4Fietierrboth et4ies -ufi shall noc be
,a �. i�.u.4 �.+ e t of the dm.r,;n�� .a iter 44e faey M4ien shared
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par4ing is implemen�ed theuses shafing par -king must demenstfate different peak heur�-
vk oho
(3) OdWte and Onsite Shared parking. Required parking spaces ma} be permitted to be
utilized for meetin the parking re uirements of two or more se crate
permitted uses on the same parcel or development or offsite when it is clearl
established by the applicant that the two or more uses will utilize the spaces at different
times of the dad. week, month. or year. A recordable covenant. with the correct lei
description, shall be submitted by the owners of the property and the two or more
businesses or tenants involved in a form acceptable to the office of the Cit • Attorney.
The covenant shall be recorded in the clerk of courts at the Applicant 's expense, and
shall run with the land. The covenant shall provide that the use or iiortion of a use that
requires the shared parking in order to obtain the necessary?ermits or licenses shall
cease and terminate upon any change in their respective schedules of operation that
results in conflicting or overlapping usage of the parking facilities, and no
nonresidential use may be made of that Portion of the Property until the required
parking facilities are available and provided. The covenant shall also provide that
the City may collect attorneys' fees if litigation is necessary to enforce the
requirements of this Section.
(443.) 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.
(54) 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.
(66-5) Transportation network company. Developments within the central business district
(CBD) and traditional marketplace (TM) district which provide preferred parking
spaces or drop-off zones (e.g., covered, shaded, or near building entrance) for TNCs
may reduce their parking requirement by two (2) vehicle spaces for every one (1) space
which is marked and reserved for TNCs at a preferred location, up to a maximum of
ten (10) percent of the total number of vehicular parking spaces required or four (4)
vehicle parking spaces, whichever is less. Drop-off zones shall be located so as to
minimize impediments to traffic flow.
(76) On -street parking. Developments shall receive credit for on -street parking. This
reduction shall be limited to the number of parking spaces provided along the street
frontage directly adjacent to the site.
(h) Design requirements.
(1) Parking space dimensions shall meet the following standards.
(a) Each off-street parking space shall be a minimum of nine (9) feet by eighteen (18)
feet, except that smaller dimensions may be provided for single family residential
EXHIBIT A
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 may be reduced to
eight (8) feet by sixteen (16) feet and specifically designated for compact -size
automobiles.
(c) Parallel parking spaces shall be a minimum of eight (8) feet by 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.
(3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12)
feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet.
The aisle width may be reduced to ten (10) feet for one-way traffic and eighteen (18)
feet for two-way traffic where no parking occurs or where necessary to provide
sufficient landscape area around a preserved tree.
(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 residential properties, unless
approved as part of a valet parking plan or for a change of use within an existing
building.
(6) Curbs, wheel stops, or parking stops shall be provided next to sidewalks.
(i) Parking space requirements. Where existing uses, which do not provide the
required number of off-street parking spaces as set forth within this paragraph are
replaced with similar uses (such as a restaurant replacing a restaurant), with no
expansion in size or 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 MINIMUM PARKING REQUIRED
RESIDENTIAL USES
Multi -family residential uses within
commercial zoning districts
Studio/one-bedroom
One 1) space per unit
Two-bedroom
One and one-half (1'/z) 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 of
assembly
One (1) space for every four (4) seats or
seating Rlaces
.1T
Bowling alleys
Hotels and motels
Medical office or dental clinic
Marinas
Restaurants, bars, nightclubs
Financial institutions
Truck/trailer rental
Minor automotive service, major automotive
Retail, office, or service uses not otherwise
specified
ecified
INDUSTRIAL USES
Light assembly and fabrication,
manufacturing - heavy, printing, engravings
and related reproductive services
Mini -warehouse
Four (4) spaces for each alley _
One (1) space for each sleeping unit plus
spaces required for accessory uses such as
restaurants, lounges, etc., plus one (1)
employee space per each twenty (20) sleeping
units or portion thereof
One (1) space for each two hundred (200)
square feet of gross floor area
One (1) space per boat slip plus spaces
required for parking accessory uses such as
office
One (1) space for each four (4) seats. Any
outdoor seating where service occurs shall be
included
One (1) space for each three hundred (300)
square feet
One (1) space for each two hundred (200)
square feet, five (5) spaces minimum
Two (2) spaces for each service bay (service
bay is not a parking spot)
One (1) space for each four hundred (400)
scivare feet of Gross floor area
One (1) space for each five hundred (500)
square feet
Three (3) spaces, plus one (1) for each one
hundred (100) units
Outside storage One (1) space for each two thousand (2,000)
si uare feet of designated site area
Warehouse/storage (inside) One (1) space for each one thousand (1,000)
square feet
INSTITUTIONAL AND COMMUNITY SERVICE USES
Assisted living, senior care and similar IOne (1) space for each four (4) occupant
housing for the elderly where residents do not accommodations
routinely drive or maintain vehicles on the
Churches, temples or places of worship
Clubs or lodges
Hospitals, clinics and similar institutional
uses
One (1) space for each four (4) seats or
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
hosl)ital bed
EXHIBIT A
Libraries and museums
One (1) space for each five hundred (500)
s� uare feet of gross floor area
Mortuaries, funeral homes
One (1) space for each four (4) seats or
seating spaces in chapel plus one (1) space for
each three (3) employees
Schools and educational uses
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 schools
One (1) space for each three hundred (300)
s uare feet of gross 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 the fine
One (1) space for each three (3) seats or one
or performing arts or martial arts
(1) space for each one hundred (100) square
feet, whichever is greater
Community center, government uses,
One (1) space for each three hundred (300)
building, or facility
square feet
Hospice
One (1) space for each six (6) beds, and one
(1) space for each employee on the largest
shift
Emergency ambulance service
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(g) for parking reductions
** Please refer to section 24-161(e) for uses not specifically mentioned.
Table 4 Off -Street Parking Requirements
0) 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.
EXHIBIT A
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 (1) or more of the loading spaces may
be increased up to fifty-five (55) feet if full-length tractor -trailers must be accommodated.
(k) Additional requirements for multi family residential uses. New multi -family residential
development shall provide adequate area designated for parking of routine service vehicles
such as used by repair, contractor and lawn service companies. For new multi -family
development located east of Seminole Road, three (3) spaces per dwelling unit shall be
required in order to accommodate increased parking needs resulting from beach -going
visitors.
(1) Bicycle parking. All new development including any redevelopment or expansion that
requires any change or reconfiguration of parking areas, except for single- and two-family
residential uses, shall provide bicycle parking facilities on the same site, in accordance with
the following:
(1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of
a fence, curb or other such barrier so to protect parked bicycles from damage by cars.
(2) Bicycle parking facilities shall provide the ability to lock or secure bicycles in a stable
position without damage to wheels, frames or components.
(3) Bicycle parking shall be located in areas of high visibility that are well -lighted.
(4) Required bicycle parking shall be located no more than fifty (50) feet from the doors
and entryways typically used by residents or customers for access to a building, not to
include doors intended to be used solely as delivery doors or emergency exits.
(5) Bicycle parking shall be provided at a rate of one (1) bicycle parking space for every
ten (10) required vehicle parking spaces plus two (2) additional bicycle parking spaces.
When computations result in requirement of a fractional space, a fraction equal to or
more than one-half ('/z) 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)
.URN191
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 (71/2)
feet stall width by eighteen (18) feet stall length.
(3) Valet parking spaces shall be provided on-site, unless included in a shared parking
agreement approved by the city.
(4) An on-site drop off area that does not block public right-of-way for vehicles using the
valet parking service shall be provided.
(5) If the valet parking plan includes parking spaces that are required to meet the
applicable minimum parking requirements, the valet parking service must be provided
for those parking spaces during all operating hours of the use.
(6) The valet parking service shall not utilize public parking spaces.
(7) Changes to a parking lot or facility with valet parking that are changed to be self -
parking shall require a revised site plan and shall meet the minimum parking
requirements of this section.
(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)