10-Land Development Regulations
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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; 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)
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)
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)
Sec. 24-4. - Amendments.
For the purpose of providing 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 24-52 of this chapter.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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Sec. 24-5. - Legal status and consistency with the comprehensive plan.
Pursuant to Section 163.3194(1), Florida Statutes, as may be amended, all development
undertaken, and all actions taken in regard to development, shall be consistent with the adopted
comprehensive plan. Further, all land development regulations enacted or amended shall be consistent
with the adopted comprehensive plan, and in the event of inconsistency between the requirements of any
zoning or land development regulations, the provisions of the comprehensive plan shall prevail. The city
commission shall have the authority to amend the adopted comprehensive plan in accordance with the
process established within Section 163.3184, Florida Statutes.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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.
(g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
(h) In the event that the provisions, as set forth within this chapter, conflict with those of any other
federal law, Florida Statute, local ordinance, resolution or regulation, including the
comprehensive plan for the City of Atlantic Beach, or any other applicable law, the more
stringent standard, limitation or requirement shall govern to the extent of the conflict, and further
provided that such other requirement is not in conflict with the adopted comprehensive plan.
(i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code,
and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at
the time such is applied, including all amendments made effective after the initial effective date
of these land development regulations.
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(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 this
chapter and the city's Municipal Code of Ordinances and are also instructive as to how these land
development regulations are implemented related to the use and limitations on the use of lands within the
city.
Abandoned vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any
boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for
street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing
current license tags. No such vehicle shall be parked or stored openly in any zoning district unless
expressly permitted within that zoning district.
Abutting property shall mean any property that is immediately adjacent to or contiguous to the
subject property, or that is located immediately across any road or public right-of-way from the subject
property.
Accessory structure shall mean any structure located on a lot, not attached to the principal building,
and ancillary in use to the principal building. Pump houses for exterior well pumps and the like not
exceeding nine (9) square feet in area and four (4) feet in height shall not be considered as accessory
structures. Pump houses larger than nine (9) square feet or four (4) feet in height shall be considered as
a private garage for the purpose of determining height and area regulations. This definition shall not
include fences, hedges and walls, storage structures not exceeding eight (8) feet in height and eighty (80)
square feet, flagpoles, children's play equipment, pet houses and landscape elements provided such are
otherwise in compliance with the requirements of this chapter.
Accessory use is one (1) that is ancillary and incidental, but related to the principal use of the
property.
Addition shall mean an extension or increase in floor area or height of a building or structure.
Administrative official as used within this chapter shall mean that person(s) designated by the city
manager or the city commission to perform such duties as required pursuant to this chapter.
Adversely affected person, as used within this chapter, shall mean a person who is suffering or will
suffer an adverse effect to an interest protected or furthered by these land development regulations or the
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 public or private way, which affords only a secondary means of access to property
abutting thereto, which is not otherwise designated as a thoroughfare for general traffic.
Alteration shall mean any change in the arrangement of a building; any work affecting the structural
parts of a building; or any change in electrical, plumbing, heating or air conditioning systems.
Animal hospital. See "Veterinary clinic" or "Hospital."
Apartment house. See "Dwelling, multifamily."
Applicant shall mean the title owner of record, or his authorized representative, of lands that are the
subject of a request for a change in zoning classification, a use-by-exception, a variance, an appeal or
any development permit.
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Appraised value shall mean the value to an improvement or property as determined by a certified
appraiser. For the purpose of determining the appraised value, the certified appraisal shall have been
performed within the previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or landscape
elements, and which does not contain any type of solid roof.
Assessed value shall mean the value to an improvement or property as determined by the Duval
County Property Appraiser in the manner provided by Florida law.
Automotive service, minor shall mean the limited, minor or routine servicing of motor vehicles or
parts, but shall not include heavy automotive repair. Facilities containing more than two (2) work bays,
and performing any type of automotive service or repair shall be defined as heavy automotive repair.
Automotive repair, heavy shall mean the repair, rebuilding or reconditioning of motor vehicles or
parts thereof, including collision service, painting and steam cleaning of vehicles.
Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of
alcoholic beverages.
Base flood elevation (BFE) [shall mean] the elevation shown on the FEMA flood insurance rate map
for zones AE, AH, A1—A30, AR, AR/A, AR/AE, AR/A1—A30, AR/AO, V1—V30, and VE that indicates the
water surface elevation resulting for a flood that has a one-percent chance of equaling or exceeding that
level in any given year.
Best management practice (BMP) shall mean the methods that have been determined to be the
most effective, practical and sound means to achieve an objective related to water supply, stormwater,
vegetative, conservation or environmental resource management.
Block shall mean an arrangement or combination of lots, the perimeter of which abuts street rights -
of-way or other publicly-owned lands. This may be construed to include approved subdivision plans with
lot arrangements or combinations where only a portion of the perimeter abuts a street right-of-way or
publicly-owned land.
Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof,
other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for
three (3) or more unrelated persons and where no cooking or dining facilities are provided in individual
rooms.
Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or
instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be
approved by the city commission wherever a bond is required by this chapter.
(1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required
improvements are installed prior to recording the plat, surety may be required to be posted in
the amount of one hundred (100) percent of the original engineer's estimate of the cost of
improvements. The condition of this obligation is such that the city will be protected against any
defects resulting from faulty materials or workmanship of the aforesaid improvements for a
period of one (1) year.
(2) Performance bond: When required improvements are installed after recording the plat, surety
may be required to be posted in the amount of one hundred and twenty-five (125) percent of the
engineer's estimate of costs, including landfill.
Buffering. See "Screening."
Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with
the provisions of this chapter and any other restrictions of City Code, applicable state or federal
regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction,
buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities,
wetlands and lands seaward of the coastal construction control line.
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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 permit shall mean any permit, which authorizes the commencement of construction 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 between the front, rear or side
property lines of the lot and the front, rear or sides of the building. When two (2) or more lots under single
or unified ownership are developed as a single development parcel, 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
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.
Car wash shall mean an area of land or a structure with either a machine or hand operated facilities,
used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any
type of repair or servicing of motor vehicles or the dispensing of automotive fuels.
Cemetery shall mean land used or intended to be used for the burial of animal or human dead and
dedicated for cemetery purposes, including 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 provided within private homes shall be limited to care of not more than five
(5) children, unrelated to the operator, within a single time period, and shall be licensed and operated in
accordance with all applicable requirements of the Florida Department of Children and Families and
section 24-152 of this chapter.
Child care facility shall include child care centers, day nurseries, kindergartens, and any child care
arrangement, which provides child care for more than five (5) children unrelated to the operator, and
which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and
whether or not operated for profit. This definition shall not include family day care home.
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Church shall mean a building used for nonprofit purposes by a recognized or established religion as
its place of worship. A single residential dwelling unit for occupancy by the pastor or minister and their
families may be located within the church or on the same property as the church. Ancillary recreational
and fundraising activities such as bingo nights are permitted.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not kept overnight, are admitted for
examination and treatment by one (1) person or a group of persons practicing any form of healing or
health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths,
chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in
the State of Florida.
Club shall mean a privately owned establishment owned and operated by a corporation or
association of persons for social or recreational purposes, but not operated primarily for profit or to render
a service or product, which is customarily carried on as a business. Ancillary recreational and fundraising
activities such as bingo nights are permitted.
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.
Community center shall mean a facility available for public use, which may be used for recreation
activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities.
Comprehensive plan shall mean the local government comprehensive plan, which was adopted by
the city commission pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, consistent with Chapter 163, Florida Statutes, and which serves as the legal guideline for
the future development of the city. Pursuant to Section 163.3194(1)(b), Florida Statutes, in the case of
any inconsistency between the provisions of this chapter and the comprehensive plan, the
comprehensive plan shall prevail.
Construction plans shall mean the construction and engineering drawings, specifications, tests and
data necessary to show plans for construction of the proposed improvements to land, and shall be in
sufficient detail to permit evaluation of the proposals.
Corner lot. See "Lot, corner."
Covenants shall mean various forms of private agreements and deed restrictions recorded in the
public records that restrict the use of private property. Such agreements are private contractual
arrangements, and the city has no authority or obligation to monitor or enforce such agreements, but
where these land development regulations impose a greater restriction on the use and development of
land, the provisions of these regulations shall govern. The term "covenants" shall include restrictive
covenants, and other similar terms used to describe such private agreements.
Density shall mean the number of residential dwelling units permitted per acre of land, or portion
thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers and jurisdictional wetlands
or lands seaward of the coastal construction control line. Allowable density shall be established by the
comprehensive plan, as may be amended.
Development and redevelopment shall be defined according to Section 380.04, Florida Statutes, as
follows:
(a) Development means the carrying out of any building or mining operation or the making of any
material change in the use or appearance of any structure or land and the dividing of land into
more than two (2) parcels.
(b) The following activities or uses shall be taken for the purposes of this chapter to involve
development, as defined in this section:
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(1) A reconstruction, alteration of the size or material change in the external appearance of a
structure on land.
(2) A change in the intensity of use of land, such as an increase in the number of dwelling
units in a structure or on land or a material increase in the number of businesses,
manufacturing establishments, offices or dwelling units in a structure or on land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any
coastal construction, as defined in Section 161.021, Florida Statutes.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel
of land.
(5) Demolition of a structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(c) The following operations or uses shall not be taken for the purposes of this chapter to involve
development as defined in this section:
(1) Work by highway or road agency or railroad company for the maintenance or improvement
of a road or railroad track, if the work is carried out on land within the boundaries of the
right-of-way.
(2) Work by a utility and/or other person engaged in the distribution or transmission of gas or
water, for the purpose of inspecting, repairing, renewing or construction on established
rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks or the like.
(3) Work for maintenance, renewal, improvement or alteration of any structure, if the work
affects only the interior or the color of the structure or the decoration of the exterior of the
structure.
(4) The use of any structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling.
(5) A change in the ownership or form of ownership of any parcel or structure.
(6) The creation or termination of rights of access, riparian rights, easements, covenants
concerning development of land or other rights in land.
Development parcel or development site shall mean the contiguous or adjacent lands, lots or parcels
for which a unified development project is proposed.
Development permit shall include any building permit, variance, use-by-exception, site plan, plat or
subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the
use or development of land upon proper issuance of said permit.
Development project shall mean a unified development constructed or reconstructed on contiguous
lands.
District shall mean zoning district classifications as established by the official zoning map and as set
forth within division 5 of this chapter.
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."
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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 or public agency for the use of land for a
specific purpose or purposes by the general public or a public agency, by a corporation or by certain
person(s).
Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure
of a building. Eaves and cornices shall not project beyond forty-eight (48) inches into required front and
rear yards. Eaves and cornices shall not project into required side yards beyond twenty-four (24) inches.
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 commonwealth, state, or local law to certify elevation information.
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) and the St. Johns River Water Management District
(SJRWMD);
(b) Estuaries or estuarine systems;
(c) Outstanding Florida waters 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 by 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,
and the U.S. Fish & Wildlife Service.
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 as defined by state law. (See also "Group care home.") Pursuant
to Section 166.0445, Florida Statutes, the operation of a residence as a family day care home registered
and licensed with the Department of Children and Family Services or other licensing agency shall
constitute a permitted residential use and shall not require approval of a use-by-exception.
Fence shall mean any horizontal structure constructed of wood, vinyl, lattice, masonry, fence wire,
metal or similar materials for the purpose of enclosing, screening or separating land. Open frames, open
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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.
Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a
building. Minimum required finished floor elevation is established by the FEMA insurance rate map
(FIRM) and expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE
within the City of Atlantic Beach is eight and one-half (8.5) feet above mean sea level (see also
subsection 24-82(k)).
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.
Foster home shall mean any establishment or private residence that provides 24-hour care for more
than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the
children receiving care, and whether or not operated for profit.
Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE). Within the
City of Atlantic Beach, required freeboard is two and one-half (2.5) feet.
Future land use, as used in this chapter, shall mean the future land use as designated by the
adopted comprehensive plan future land use map, as may be amended.
Garage apartment shall mean a dwelling unit for not more than one (1) family, which is combined
with a private garage, allowed only as set forth within section 24-88. A garage apartment shall not be
leased or rented for periods of less than ninety (90) consecutive days. Only one (1) garage apartment
shall be allowed on a residential lot, subject to the provisions of section 24-88.
Garage, apartment building shall mean a building, designed and intended to be used for the housing
of vehicles, belonging to the occupants of an apartment building on the same property.
Garage, private shall mean a detached residential accessory structure or a portion of the principal
building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor
vehicles and personal property belonging to the occupants of the principal building. A private garage may
contain sleeping quarters, electrical service and plumbing, but shall not contain a kitchen and shall not be
converted to or used as a dwelling unit. No home occupation shall be conducted with a private garage,
unless approved in accordance with the provisions of section 24-159. A carport shall be considered as a
private garage (see subsection 24-151(b)(1)d.).
Garage, public shall mean a building or portion thereof, other than a private garage, designed or
used for the parking, storage and hiring of motor vehicles. Public garages shall be permitted only within
commercial and industrial zoning districts.
Garage sale shall mean a temporary event for the sale of personal property in, at or upon any
residentially zoned property, or upon any commercially zoned property independent of any business
licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not
be limited to, the advertising of the holding of any such sale, or the offering to make any such sale,
whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio
sale, rummage sale.
Government use shall mean the use of lands owned by the federal, state or local government used
for a purpose, which is related to governmental functions. Any lawful activity is permitted without
restriction. Any lands used by a government, which are converted to private ownership, shall comply with
the requirements of the particular zoning district classification and the comprehensive plan.
Grade, calculated average shall mean the average elevation of a site, calculated prior to
development or redevelopment of a site or any future topographic alteration of a site. The calculated
average grade shall be used for determination of the maximum allowable height of building on parcels
that have topographical variation of more than two (2) feet as demonstrated by a certified topographical
survey and for all oceanfront parcels. This average elevation shall be determined by the mathematical
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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, the
same method shall be used excluding areas where existing structures remain.
Where required, the certified Calculated Average Grade Survey shall be submitted with Construction
Plans, and the Calculated Average Grade shall be depicted on all exterior elevation sheets of the
Construction Plans. See definition of Certified Survey for requirements.
Note: Alteration of topography for the sole purpose of achieving greater height of building is prohibited.
See also following definition for "Established grade."
Grade, established shall mean the elevation of a site after any duly authorized and approved fill,
excavation or topographic alterations have been completed. 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, the grade, elevation or
topography of a parcel, development or redevelopment site shall not be altered.
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.
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. A
guest house or guest quarters shall not be converted to or used as a permanent dwelling unit, shall not be
rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined
herein.
Height of building shall mean the vertical distance from the applicable beginning point of
measurement to the highest point of a building's roof structure or parapet, and any attachments thereto,
exclusive of chimneys. The appropriate method of determining the maximum allowable height of building
shall be used in accordance with the following:
(a) Parcels within designated special flood hazard areas as delineated on the Federal Emergency
Management Agency (FEMA) flood insurance rate map (FIRM) shall use the required finish
floor elevation as the beginning point of measurement.
(b) Parcels that are not located within a designated flood hazard zones and which have topographic
variation of less than two (2) feet as demonstrated by a certified topographical survey shall use
the highest established grade as the beginning point of measurement. Alternatively, property
owners may use the calculated average grade method if preferred.
(c) Regardless of flood zone designation, parcels with topographic variation of more than two (2)
feet as demonstrated by a certified survey of topography, including all ocean front parcels, shall
provide a certified survey of the calculated average grade, and the calculated average grade
shall be used as the beginning point of measurement, excepting those parcels where the only
topographical variation is a city-maintained drainage easement where the method described in
preceding subsection (b) shall be used.
(d) Single-story construction where height of building is clearly below the maximum permitted
height shall not be required to provide a certified survey of the calculated average grade, but
shall provide the height of building as measured from the established grade on the elevation
sheets of construction plans.
Page 11
Home occupation shall mean any use conducted entirely within a dwelling and carried on by an
occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for
residential purposes and does not change the residential character thereof. Home occupations shall be
allowed only in accordance with the requirements of section 24-159.
Home office shall mean a business activity consisting only of a private office to be used by the
occupant of the home, which is entirely located within a residential structure and does not involve any
daily on-premises contact with customers or clients. A home office shall be clearly incidental and
accessory to the residential use of the property, and shall not involve any employees, commercial
signage, manufacturing or storage of products or materials, or the use of any equipment other than
normal office equipment and shall not create any additional daily traffic. Home offices shall be a permitted
accessory use in all residential zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care
and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but
not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant,
educational institution, convent or convalescent home or similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a building, or
portion of a building, containing individual guest rooms or guest accommodations for which rental fees are
charged for daily or weekly lodging. This definition shall not include private homes leased for periods
exceeding ninety (90) days.
Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common
impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking
lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or
lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall
not be considered impervious provided that the ground surface beneath the decking is not impervious.
Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and
which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools
shall not be considered as impervious surfaces because of their ability to retain additional rainwater,
however, decking around a pool may be considered impervious depending upon materials used. Surfaces
using pervious concrete or other similar open grid paving systems shall be calculated as fifty (50) percent
impervious surface, provided that no barrier to natural percolation of water shall be installed beneath such
material. Open grid pavers must be installed on a sand base, without liner, in order to be considered fifty
(50) percent impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed to open
grid pavers) do not qualify for any reduction in impervious area, regardless of type of base material used.
Unless otherwise and specifically provided for in these land development regulations, or within another
ordinance, or by other official action establishing specific impervious surface limits for a particular lot or
development project, the fifty (50) percent impervious surface limit shall be the maximum impervious
surface limit for all new residential development and redevelopment. In such cases where a previously
and lawfully developed residential lot or development project exceeds the fifty (50) percent limit,
redevelopment or additions to existing residential development shall not exceed the pre-construction
impervious surface limit, provided the stormwater and drainage requirements of section 24-66 are met.
Improvements shall include, but not be limited to, street pavements, curbs and gutters, sidewalks,
alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains,
street names, signs, street lights, landscaping, monuments, or any other improvement as may be
required by the city commission or these land development regulations.
Institutional use shall mean the structure or land occupied by a group, cooperative, board, agency or
organization created for the purpose of carrying on functions, such as hospitals, schools, churches,
fraternal orders, orphanages, assisted living facilities, and nursing, convalescent or elder care homes.
Junk yard. See "Salvage yard."
Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or
for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming
parlors or pet shops.
Page 12
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 or below, or on the surface, and includes any
improvements or structures customarily regarded as part of the land.
Land development regulations, as used within this Code, shall have the same meaning as defined in
Section 163.3164, Florida Statutes and shall include zoning, subdivision, building and construction and
other regulations controlling the use and development of land.
Landscaping shall mean any of the following or combination thereof: Living materials, such as but
not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable
materials commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences,
berms, sculptures and fountains, but excluding paving.
Laundromat, self-service shall mean a business that provides noncommercial clothes washing and
drying or ironing machines to be used by customers on the premises.
Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands,
vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions,
forms and media of entertainment carried on and conducted in the presence of and for the entertainment
and amusement of others and as distinguished from records, tapes, pictures and other forms of
reproduced or transmitted entertainment. Live entertainment, as used within these land development
regulations, shall not include adult entertainment establishments as defined by Section 847.001(2),
Florida Statutes.
Loading space shall mean a space within the main building or on the same property, providing for
the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the
requirements of this chapter.
Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted within this
chapter and having its required frontage upon a street right-of-way or permanent easement, and as may
be defined in Chapter 177, Florida Statutes.
Lot area shall mean the area formed by the horizontal plane within the lot lines.
Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street
corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line
of the narrowest side of the lot adjoining the street shall be considered the front of the lot. The exterior lot
line of the longest side of the lot abutting the street shall be considered as a side of the lot and shall have
a minimum required side yard of 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 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 width shall mean the mean horizontal distance between the side lot lines, measured at right
angles to its depth.
Page 13
Marina shall mean an establishment with a waterfront location for the purpose of storing water craft
and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for
purposes such as refueling, minor repair and launching.
Mean high water shall mean the average height of the high waters over a 19-year period or for
shorter periods of observations; the average height of the high waters after corrections are applied to
eliminate known variations and to reduce the result to the equivalent of a mean 19-year value, as defined
in Chapter 253, Florida Statutes.
Mean sea level (MSL) [shall mean] a national standard reference datum for elevations, it is the
average height of the sea for all stages of the tide, usually determined from hourly height observations
over a 19-year period on an open coast or in adjacent waters having free access to the sea; formerly
referred to as "mean sea level (MSL) of 1929," as elevations were historically related to the National
Geodetic Vertical Datum of 1929 (NGVD); however, national map modernization initiatives now typically
relate elevations to the more accurate North American Vertical Datum of 1988 (NAVD). Applicable datum
(NGVD or NAVD) should be noted on all maps, surveys.
Mini-warehouses shall include all those businesses commonly known as mini-warehouses, which
shall be utilized for the sole purpose of storage of tangible personal property. No business activity shall be
conducted within mini-warehouses.
Mixed use shall mean a development or redevelopment project containing a mix of compatible uses
intended to support diversity in housing, walkable communities and a 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.
Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet
or more in width and which is built on an integral chassis and designed to be used as a dwelling when
connected to the required utilities including plumbing, heating, air conditioning, and electrical systems.
Nonconforming lot of record shall mean a lot of record containing less than the minimum site area,
site dimensions or other site requirements of the applicable zoning district, or which is not in compliance
with the provisions of other currently effective land development regulations, as may be lawfully
amended, but which was legally recorded and documented prior to the effective date of such land
development regulations (see "Lot" and "lot of record").
Nonconforming structure shall mean a structure or building or portion thereof, which does not
conform with the land development regulations applicable to the zoning district in which the structure is
located, but which was legally established prior to the effective date of such land development
regulations.
Nonconforming use shall mean the use of a structure or building or portion thereof, or land or portion
thereof, which does not conform with the land development regulations and / or comprehensive plan
future land use map designation applicable to the lands in which the use is located, but which was legally
established prior to the effective date of such land development regulations or comprehensive plan.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office use shall mean customary administrative functions associated with a business and uses
involving professional services conducted within the business that do not involve on-premises production,
manufacture, storage or retail sale of products.
Open space shall mean an area open to the sky, which may be on the same lot with a building. The
area may include, along with the natural environmental features, landscaping elements, stormwater
retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets,
structures and screened or impervious roofed structures shall not be allowed in required open space.
Parcel shall mean a tract of land, which 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.
Page 14
Parking, accessible shall mean parking spaces designed in compliance with the Americans with
Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG), as may be
amended.
Parking lot shall mean an area used exclusively for the temporary parking of motor vehicles, whether
or not a fee is charged (see section 24-161).
Parking space, off-street shall mean a space consisting of an area adequate for parking motor
vehicles with room for opening doors on both sides, together with properly related access to a public
street or alley and maneuvering room, but located totally outside of any street or alley right-of-way. Width,
depth and arrangement of parking spaces shall conform to the requirements of section 24-161.
Permitted use shall mean the uses and activities that are allowed within a particular zoning district as
described within division 5 of this chapter. In the case of question regarding a typical or similar use, such
use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by
the United States Office of Management and Budget.
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.
Principal building shall mean shall mean a building within which is conducted the main or principal
use of the lot or property upon which the building is situated.
Principal use shall mean the primary use of land, as distinguished from an accessory use.
Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or
more lots are considered together for the purposes of development.
Public open space shall mean open space, land or water areas, available for public use, not
restricted to members or residents.
Recreational vehicle (RV) shall include the following types of vehicles:
(a) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed; designed
to be used as a temporary dwelling for travel, recreation and vacation uses; permanently
identified as a travel trailer by the manufacturer of the trailer; and when factory equipped for the
road, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-
two (32) feet.
(b) Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient
equipment to render it suitable for use as a temporary dwelling for travel, recreation and
vacation uses.
(c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a water-repellent
fabric, mounted on wheels and designed for travel, recreation and vacation uses.
(d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into
the trunk with the cover removed, and is designed for travel, recreation and vacation uses.
(e) Vans or similar enclosed vehicles specially equipped for camping.
Page 15
Restaurant shall mean any establishment where food is prepared or served for consumption on or off
the premises or within an enclosed business or building.
Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or other such
strip of land reserved for a public use, whether established by prescription, easement, dedication, gift,
purchase, eminent domain or other lawful means.
Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold,
exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include automobile
wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places
for the purchase or storage of used furniture and household equipment, used cars in operable condition,
or used or salvaged materials from manufacturing operations or for any type of automotive repair.
Screening shall mean the required treatment of land parallel to adjacent lot lines, containing either:
Densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an
evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6)
feet at maturity; or an opaque wood, masonry, brick or similarly constructed fence, wall or barrier. Where
a fence, wall or similar type barrier is used, construction materials, finish and colors shall be of uniform
appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm
may be used in place of a fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required off-street parking spaces, the
number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall
count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each
seven (7) square feet of floor space shall constitute a required seat.
Service station, automotive shall mean any building, structure or land used for the dispensing, sale
or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is
performed minor automotive service, but not heavy automotive repair.
Setback shall mean the required distance between the lot line and the building or structure. 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. See also definition for building setback.
Shopping center shall mean a group of retail stores or service establishments, planned, developed,
owned and managed as an integral unit, with off-street parking provided on the property, and related in
location, size and type of shops to the trade area the shopping center serves.
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.
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.
Sign shall mean any identification, description, illustration, or device illuminated or nonilluminated,
which is visible from any outdoor place, open to the public and which directs attention to a product,
service, place, activity, person, institution, or business thereof, including any permanently installed or
situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify,
or convey information, with the exception of customary window displays, official public notices and court
markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books
intended for individual distribution to members of the public, attire that is being worn, badges, and similar
personal gear. Sign shall also include all outdoor advertising displays as described within Section
3108.1.1, Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the
Florida Building Code.
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.
Page 16
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.
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 a public or private thoroughfare, which affords the principal means of access to
abutting property. This includes lane, place, way, alley or other means of ingress or egress, regardless of
the term used to describe it.
Street classifications shall mean:
Arterial highway system: The group of roads constituting the highest degree of mobility and largest
proportion of total travel.
Collector road system: The group of roads providing a mix of mobility and land access functions,
typically within a given county or urban area, linking major land uses to each other or to the arterial
highway system. The collector road system is composed of rural major collector roads, rural minor
collector roads, and urban collectors (differentiation between major and minor classes is not made in
urban areas).
Local street system: The group of roads having land access as their primary purpose, typically within
a portion of a county or urban area. Although providing the largest proportion of road miles, this
system contributes little to total highway travel due to short trip lengths and low volumes.
Street, private shall mean a street that is privately owned and maintained, and where a properly
recorded private easement has been approved by the appropriate city agency.
Street, public shall mean a street legally dedicated to public use and officially accepted by the city.
Street right-of-way line shall mean the dividing line between a lot or parcel of land and the
contiguous street.
Structural alteration shall mean any change in the supporting members of a structure, such as
bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the
exterior walls.
Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30) inches or
more in height, including modular, manufactured and mobile homes, storage tanks, or other manmade
facilities and infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines,
but excluding flagpoles, fences not over six (6) feet in height and landscape features that do not contain a
solid or screened roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed
with a connected solid roof structure shall be considered as a single structure.
Subdivision shall mean the division of land into three (3) or more lots or parcels, which may include
establishment of new streets and alleys, stormwater facilities, infrastructure including, but not limited to,
water, sewer, and utilities. The term "subdivision" shall also include replat and the division of previously
recorded subdivisions when three (3) or more lots or parcels are created, and when appropriate to the
context, subdivision also relates to the process developing land.
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.
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
Page 17
of each dwelling unit is held in fee-simple title for property as defined by a metes and bounds or other
valid legal description. Development of townhouses, or conversion to townhouses, shall be allowed only
in compliance with Florida Building Codes related to adequate firewall separation. Further, development
of townhouses, or conversion to townhouses, shall be allowed only in compliance with the applicable
residential density as established by the comprehensive plan, and in accordance with section 24-87 and
article IV of this chapter as well as applicable provisions of Part I, Chapter 177, Florida Statutes.
Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for
transporting a boat, animal, equipment or general goods. See also "Recreational vehicle."
Travel trailer park or court shall mean a park or court, licensed and approved by the state board of
health, and established to carry on the business of parking travel trailers.
Use-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.
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 24-64 of this chapter, and such
relief may be subject to conditions as set forth by the City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee
parking, service drives, loading spaces and access drives within property located in the commercial and
industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure or use,
which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from
certain requirements of these land development regulations and/or the 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, when it is demonstrated that compliance with such
provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A
waiver from the land development regulations may be approved by the city commission upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be
provided, which conforms to the general intent and spirit of the land development regulations. In
considering any request for a waiver from the land development regulations, the city commission may
require such conditions as appropriate to ensure that the general intent an d spirit of the land development
regulations are enforced. A waiver shall not modify any requirement or term customarily considered as a
variance or any requirement or term prohibited as a variance.
Wetlands shall mean those areas 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.
Yard means a required area on the same lot with a building, unoccupied and unobstructed from the
ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks,
balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided for within this
chapter.
Page 18
Yard, front means the required yard extending across the full width of the lot, extending from the
front lot line to the front building setback line as established by the zoning district designation. Yard, rear
means a required yard extending across the full width of the lot, extending between the rear lot line and
the rear building setback line as established by the zoning district designation.
Yard, side means a required yard extending between a side lot line and the side building setback line
as established by the zoning district designation.
Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district
classifications on property within the municipal limits of the City of Atlantic Beach.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Secs. 24-18—24-30. - Reserved.
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 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)
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.
Page 19
(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 when it is demonstrated that compliance with such provision(s) would be
unreasonable, in conflict with the public interest, or a practical impossibility. A waiver from the
land development regulations may be approved only upon showing of good cause, and upon
evidence that an alternative to a specific provision(s) of this chapter shall be provided, which
conforms to the general intent and spirit of these land development regulations. In considering
any request for a waiver from these land development regulations, the city commission may
require conditions as appropriate to ensure that the intent of these land development
regulations is enforced. A waiver shall not modify any requirement or term customarily
considered as a variance or any requirement or term prohibited as a variance, and shall be
considered only in cases where alternative administrative procedures are not set for the within
the City Code of Ordinances.
(e) To establish fees related to the administrative costs of carrying out the requirements of this
chapter.
(f) To appoint a community development director to administer the provisions of this chapter, who
shall be the city manager or his designee.
(g) To hear and decide appeals where it is alleged there is an error in any order, requirement or
administrative decision made by the community development director in the enforcement of this
chapter or other provision of the Code of Ordinances regulating the use and development of
land.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 variances in accordance with the provisions of section 24-64.
(b) To hear and make recommendations to the city commission related to applications submitted to
the city for use-by-exceptions, changes in zoning district classifications, and amendments to the
comprehensive plan.
(c) In exercising its powers, the community development board may, in conformance with the
provisions of this chapter, reverse, affirm or modify, in whole or in part, any previously rendered
order, requirement, decision or determination provided such action is based upon new evidence
or where it is determined that a previous decision was made based upon inaccurate information.
(d) Rulings and decisions of the community development board shall become immediately
effective, unless otherwise ordered by the board.
(e) 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)
Sec. 24-48. - Community development director.
The community development director shall have the following authorities and responsibilities:
Page 20
(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; 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 and the zoning map, 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.
(g) To review preliminary 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 minor dimensional variances or minor variances to development design standards as
set forth in this chapter, excluding changes to lot area, impervious surface area, height and
parking, provided the requested variance is not more than five (5) percent from the standard or
requirement requested to be waived. Such minor variances shall be granted only one (1) time
for any particular requirement on a single property and shall be granted only with written
justification as set forth within subsection 24-64(d) or as demonstrated to preserve a protected
tree. Where such variances are requested for side setbacks on both sides of a parcel, the
cumulative to be waived shall not exceed five (5) percent of the required setback for a single
side. For example, where the required side setback is a combined fifteen (15) feet, the
maximum permitted to be waived on a single side or cumulatively on both sides is nine (9)
inches. Similarly, for 20-foot front and rear setbacks, the maximum permitted to be waived on
either the front or rear or in combination is twelve (12) inches.
Minor dimensional variances may also be authorized where an inadvertent surveying error has
resulted in placement of a building not m ore than four (4) inches outside of a required building
setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall
remain part of the building permit file.
(i) To post signs and provide for proper published notice of zoning requests in accordance with
section 24-52, and to forward appropriate agenda information to be considered at the regular
scheduled meetings of the community development board to members at least seven (7) days
prior to the meeting date.
(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 community development director as may be necessary to carry out properly, the
functions of the office.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-49. - Appeals.
Appeals of administrative decisions made by the community development director and appeals of
final decisions of the community development board may be made by adversely affected person(s) in
Page 21
accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable
period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any
party may appear in person, by agent or by attorney.
(a) Appeals of administrative decisions of the community development director. Appeals of a
decision of the 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 community development director made under the authority of this chapter.
Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the
final order, requirement, decision or determination being appealed.
The community development director shall, 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.
(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, specifying the grounds of the conflict or violation.
The petition shall be presented to the city commission within thirty (30) days after the filing of
the appeal with the city clerk.
(c) Stay of work. An appeal to the city commission shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the designated administrative official
shall certify to the 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)
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 community development director. The applicant shall have the burden of proof to demonstrate
the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all
information as may be required. All vested development subject to a vested rights determination
shall be consistent with the terms of the development approval upon which the vesting determination
was based.
(b) Expiration of vested rights.
(1) Statutory vested rights determinations shall not have a specific expiration date unless specified
in other ordinances, development permits or statutory limitations. Such vested rights may expire
as otherwise allowed or required by applicable law.
(2) Common law vested rights determinations, which have been recognized by the city, shall
remain valid for a period of up to five (5) years from the date the determination was made
unless otherwise specified by the vesting determination, provided that the city m ay cancel and
negate such vested rights prior to the expiration of said time period if it can demonstrated that
the request for a vested rights determination was based on substantially inaccurate information
Page 22
provided by the applicant, or that the revocation of said vested rights is clearly established to be
essential for the health, safety and welfare of the public.
(3) Requests to extend the time period of a vested rights determination shall be made to the city
commission and shall be granted only upon showing of good cause.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made
to the city commission by filing such appeal with the city clerk within thirty (30) days of receipt of
written notification of the denial. Appeals of vesting determinations shall be granted only by the city
commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-51. - Notice of public hearings.
Notice of all public hearings required under these land development regulations shall be provided by
the city manager or designee in accordance with the following provisions:
(a) Amendments to the text of the adopted comprehensive plan, future land use map series, or site-
specific comprehensive plan amendments:
(1) Public hearings. The local planning agency and the local governing body each shall hold at
least one (1) public hearing on a proposed amendment to the text of the adopted
comprehensive plan, the future land use map series, or a site-specific comprehensive plan
amendment, prior to transmittal of the proposed amendment to the state planning agency
pursuant to F.S. § 163.3184. Upon receipt of written comments from the state planning
agency, the local governing body shall hold at least one (1) additional public hearing to
adopt the proposed amendment, adopt the amendment with changes, or not adopt the
amendment.
Both the local planning agency and the local governing body public hearing held at the
transmittal stage shall be held on a weekday at least ten (10) days after notice is published
pursuant to the requirements specified in subsection (a)(2) below, and the local governing
body public hearing held at the adoption stage shall be held on a weekday at least ten (10)
days after the second notice is published pursuant to the requirements specified in
subsection (a)(2) below.
(2) Notice. All notices regarding the amendment process, including public hearings, for
comprehensive plans shall be as required by F.S. § 163.3184 and § 166.041, unless
otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public hearing held by
either the local planning agency or the local governing body, the city manager or
designee shall have published an advertisement giving notice of the public hearing.
The required published notice shall be no less than one-quarter (¼) page in a
standard size or a tabloid size newspaper, and the headline of the notice shall be in a
type no smaller than eighteen (18) point. The notice 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 paid circulation in the city and of
general interest and readership in the community, not one of limited subject matter,
pursuant to Chapter 50, Florida Statutes. Whenever possible, the notice shall appear
in a newspaper that is published at least five (5) working days a week, unless the only
newspaper in the city is published less frequently. The notice shall be in substantially
the following form:
NOTICE OF CHANGE OF LAND USE
Page 23
The City of Atlantic Beach proposes to change the use of land within the area
shown in the map in this notice.
A public hearing on the proposal will be held on (date and time) at (place).
The notice shall also contain a geographic location map which clearly indicates the
area covered by the proposal. The map shall include major street names as a means
of identification of the area. The notice shall also state the places within the boundary
of the City of Atlantic Beach where the proposed amendment may be inspected by the
public. The notice shall also advise that interested parties may appear at the meeting
and be heard regarding the transmittal or adoption of the amendment.
b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city
manager or designee shall provide notice by mail of each public hearing to each real
property owner whose land is subject to the amendment, and to all owners of real
property within three hundred (300) feet of the periphery of the subject property,
whose names and addresses are known by reference to the latest ad valorem tax
records published by the county property appraiser. The notice shall state the
substance of the proposed amendment as it affects that property owner and shall set
a time and place for one or more public hearings on such amendment. A copy of the
notice shall be kept available for public inspection during the regular business hours of
the office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign
identifying the request, including date, time and location of the public hearing, shall be
posted on the subject parcel. Such sign shall be erected in full view of the public
street. Where the property 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 local planning agency or
the local governing body.
(b) Amendments to the text of the land development regulations including revisions to the list of
permitted, conditional or prohibited uses within a zoning category or the official zoning map.
(1) Public hearings. The local planning agency shall hold one (1) public hearing and the local
governing body shall hold two (2) public hearings on a proposed amendment that changes
the official zoning map, or that changes the text of the land development regulations,
including revision to the list of permitted, conditional or prohibited uses within a zoning
category.
The second public hearing before the local governing body shall be held approximately two
(2) weeks after the first public hearing. The day, time, and place at which the second
hearing before the local governing body will be held shall be announced at the first public
hearing. The public hearings shall be held after 5:00 p.m. on a weekday.
Notice. All notices regarding the amendment process, including public hearings, for the
official zoning map or the text of the land development regulations, including revision to the
list of permitted, conditional, or prohibited uses within a zoning category, shall be in
accordance with F.S. § 166.041, unless otherwise specified.
a. Published notice. At least ten (10) calendar days prior to each public hearing held by
either the local planning agency or the local governing body, the city manager or
designee shall have published an advertisement giving notice of the public hearing.
Page 24
The required published notice shall be no less than two (2) columns wide by ten (10)
inches long in a standard size or a tabloid size newspaper, and the headline of the
notice shall be in a type no smaller than eighteen (18) point. The notice 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 paid
circulation in the city and of general interest and readership in the community, not one
of limited subject matter. The notice shall state the date, time, place of the public
hearing, the subject of the meeting, and the place or places within the boundaries of
the city where the proposed amendment may be inspected by the public. The notice
shall also advise that interested parties may appear at the meeting and be heard
regarding the amendment.
1. Published notices for amendments to the official zoning map shall be in
substantially the following form:
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No. ____________
rezoning (changing the permitted use of) the land within the area shown in the
map of this advertisement.
A public hearing on the rezoning will be held on (date and time) at (meeting
place).
The notice shall also 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 area.
2. Published notices for amendments to the text of the land development
regulations that change the actual list of permitted, conditional, or prohibited uses
within a zoning category shall be in substantially the following form:
NOTICE OF ZONING CODE (LAND DEVELOPMENT REGULATIONS) TEXT
CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No. ____________
amending the text of the zoning code (land development regulations). The
amendment will affect the land located within the area shown in the map of this
advertisement.
A public hearing on the proposed text change will be held on (date and time) at
(meeting place).
The notice shall also 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 area.
3. Published notices for amendments to the text of the land development
regulations that do not change the actual list of permitted, conditional, or
prohibited uses within a zoning category shall be advertised as follows. At least
ten (10) calendar days but not more than thirty (30) calendar days in advance of
each public hearing, the city manager or designee shall have published a notice
of such hearing in a newspaper of general circulation in the city. The notice of
public hearing shall state the date, time and place of the meeting, the application
number or the title of the proposed ordinance, and the place or places where
such application or proposed ordinance may be inspected by the public. The
notice shall also advise that interested parties may appear at the public hearing
and be heard with respect to the application or proposed ordinance.
Page 25
b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city
manager or designee shall provide notice by mail of each public hearing to each real
property owner whose land is subject to the amendment, and to all owners of real
property within three hundred (300) feet of the periphery of the subject property,
whose names and addresses are known by reference to the latest ad valorem tax
records published by the county property appraiser. The notice shall state the
substance of the application or proposed ordinance as it affects that property owner
and shall set a time and place for one or more public hearings on such ordinance. A
copy of the notice shall be kept available for public inspection during the regular
business hours of the office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign
identifying the request, including date, time and location of the public hearing, shall be
posted on the subject parcel. Such sign shall be erected in full view of the public street
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 local planning agency or the local governing body.
(c) Request for variance from or waiver of land development regulations.
(1) Public hearings. The local planning agency shall hold one (1) public hearing on
applications for variances from land development regulations, and the local governing body
shall hold one (1) public hearing on applications for waivers of land development
regulations.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public hearing, the city
manager or designee shall have published an advertisement giving notice of the
public hearing in a newspaper of general circulation in the City of Atlantic Beach. The
notice of the public hearing shall state the date, time and place of the public hearing,
and the place where such application may be inspected by the public. The notice shall
also advise that interested parties may appear at the public hearing and be heard with
respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the
city manager or designee shall provide notice by mail of the public hearing to all
property owners within three hundred (300) feet of the subject property, whose names
and addresses are known by reference to the latest ad valorem tax records published
by the county property appraiser. The notice shall state the substance of the
application and shall set a time and place for the public hearing. A copy of the notice
shall be kept available for public inspection during the regular business hours of the
office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign
identifying the request, including date, time and location of the public hearing, shall be
posted on the subject parcel. Such sign shall be erected in full view of the public street
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
Page 26
comply with this requirement, nor shall it be grounds to challenge the validity of any
decision made by the local planning agency or the local governing body.
(d) Request for use-by-exception.
(1) Public hearings. The local planning agency and the local governing body shall each hold
one (1) public hearing on use-by-exception applications.
(2) Notice.
a. Published notice. At least ten (10) calendar days prior to each public hearing, the city
manager or designee shall have published an advertisement giving notice of the
public hearing in a newspaper of general circulation in the City of Atlantic Beach. The
notice of the public hearing shall state the date, time and place of the public hearing,
and the place where such application may be inspected by the public. The notice shall
also advise that interested parties may appear at the public hearing and be heard with
respect to the application.
b. Mailed notice. At least fourteen (14) calendar days prior to each public hearing, the
city manager or designee shall provide notice by mail of the public hearing to all
property owners within three hundred (300) feet of the subject property, whose names
and addresses are known by reference to the latest ad valorem tax records published
by the county property appraiser. The notice shall state the substance of the
application and shall set a time and place for the public hearing. A copy of the notice
shall be kept available for public inspection during the regular business hours of the
office of the clerk of the governing body.
c. Posted notice. At least fourteen (14) days prior to each public hearing, a sign
identifying the request, including date, time and location of the public hearing, shall be
posted on the subject parcel. Such sign shall be erected in full view of the public street
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 local planning agency or the local governing body.
(e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30) days of the
city commission rendering its decision, then notice shall be deemed to be in compliance with
this section.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-215, § 1, 11-13-12)
Secs. 24-52—24-60. - Reserved.
DIVISION 3. - APPLICATION PROCEDURES
Sec. 24-61. - Amendment and repeal.
(a) The city commission may from time to time amend, supplement or repeal these land development
regulations, the zoning district classifications and boundaries, and the restrictions as set forth within
this chapter.
Page 27
(b) Proposed changes and amendments may be recommended by the city commission, the community
development board, a property owner for his own land, or by petition of the owners of fifty-one (51)
percent or more of the area involved in a proposed district boundary change, or the community
development director.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-62. - Change in zoning district classification.
The following steps shall be followed to request a change in zoning district and zoning map
classification.
(a) All applications shall be filed with the community development director on the proper form.
(b) The application submitted shall include the following information:
(1) The legal description, including the lot and block numbers, of the property to be rezoned;
(2) The names and addresses of all owners of the subject property;
(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 a contract purchase, a copy of the purchase contract and written consent of the
seller/owner; or
c. If an authorized agent, a copy of the agency agreement or written consent of the
principal/owner; or
d. 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
e. If a group of contiguous property owners, the owners of at least fifty (50) percent of
the property described in the petition must provide written consent;
f. A complete list of all property owners, mailing addresses and legal descriptions for all
property within three hundred (300) feet of the subject parcel as recorded in the latest
certified official tax rolls of the county;
g. A statement of special reasons for the rezoning as requested;
h. Payment of the official filing fee as set by the city commission;
i. The signature of each and every owner of the lands sought to be rezoned.
(c) After the community development director has received the request, the request shall be placed
on the agenda of the next meeting of the community development board, provided that the
request is received at least thirty (30) days prior to the meeting. The community development
board shall review each request for rezoning, conduct a public hearing after due public notice.
The community development director shall make a written recommendation to the city
commission. The written report and recommendation shall:
(1) Show that the community development board has studied and considered the need and
justification for the change.
Page 28
(2) Indicate the relationship of the proposed rezoning to the comprehensive plan for the city
and provide a finding that the requested change in zoning is consistent with the
comprehensive plan.
(3) Submit such findings and a recommendation in support of or opposition to the requested
rezoning to the city commission not more than sixty (60) days from the date of public
hearing before the community development board.
(d) The city commission shall review the recommendations made by the community development
board and hold a public hearing, with notice as set forth within section 24-52, to consider the
request.
(e) Following the public hearings, the city commission, by ordinance, may change the zoning
district classification of said petitioners, or it may deny the petition. In the case of denial, the city
commission shall thereafter take no further action on another application for substantially the
same proposal, on the same premises, until after three hundred sixty-five (365) days from the
date of the denial.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 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) A legal description of the property.
(2) The names and addresses of the property owners.
(3) 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.
(4) The reason for requesting the use-by-exception.
(5) 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.
(6) Payment of the official filing fee as set by the city commission.
(c) After the community development director has received the request, the request shall be placed
on the agenda of the next available meeting of the community development board. The
community development board shall review each request for a use-by-exception, and conduct a
public hearing after due public notice. The community development director shall then provide a
report to the city commission containing the community development board's, recommendation.
The written report and recommendation shall state specific reasons and findings of fact, upon
which the recommendation to approve or deny has been based.
(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.
Page 29
(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 and other open space.
(9) General compatibility with adjacent properties and other property in the surrounding Zoning
District as well as consistency with applicable provisions of the comprehensive plan.
(10) For those properties within the commercial corridors, consistency with the intent of section
24-171, commercial corridor development standards.
(11) Number of similar businesses that exist in the area with consideration that such uses are
intended to be an exception and not to excessively proliferate in one (1) area of the city.
(e) The city commission shall conduct a public hearing, after required public notice, to consider the
application for use-by-exception and the community development board's report and
recommendation thereon, as well as comments of citizens attending such hearing and shall
deny, approve, or approve with conditions, the application for use-by-exception.
(f) The city commission may, as a condition to the granting of any use-by-exception, impose such
conditions, restrictions or limitations in the use of the premises, or upon the use thereof as
requested in the application, as the city commission may deem appropriate and in the best
interests of the city, taking into consideration matters of health, safety and welfare of the
citizens, protection of property values and other considerations material to good land use and
planning principles and concepts.
(g) Any use -by-exception granted by the city commission shall permit only the specific use or uses
described in the application as may be limited or restricted by the terms and provisions of the
approval. Any expansion or extension of the use of such premises, beyond the scope of the
terms of the approved use-by-exception, shall be unlawful and in violation of this chapter and
shall render the use-by-exception subject to suspension or revocation by the city commission.
(h) The city commission may suspend or revoke a use-by-exception permit at any time the city
commission determines that the use has become a public or private nuisance because of an
improper, unauthorized or other unlawful use of the property.
(i) If an application for a use-by-exception is denied, the city commission shall take no further
action on another application for substantially the same use on the same property for three
hundred sixty-five (365) days from the date of said denial.
(j) 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.
(k) Unless expressly granted by the city commission, the use-by-exception shall be granted to the
applicant only and shall not run with the title to the property.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-64. - Variances.
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A variance may be sought in accordance with this section. Applications for a variance may be
obtained from the community development department. A variance shall not reduce minimum lot area,
minimum lot width or lot depth, and shall not increase maximum height of building or impervious surface
area as established for the various zoning districts. Further, a variance shall not modify the permitted
uses or any use terms of a property.
(a) Application. A request for a variance shall be submitted on an application form as provided by
the city and shall contain each of the following:
(1) A legal description of the property for which the variance is requested.
(2) A reasonable statement describing the reasons for the variance.
(3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as
other significant features existing on the lot.
(4) The signature of the owner, or the signature of the owner's authorized agent. Written
authorization by the owner for the agent to act on the behalf of the property owner shall be
provided with the application.
(b) Public hearing. Upon receipt of a complete and proper application, the community development
director shall within a reasonable period of time schedule the application for a public hearing
before the community development board following required public notice. At the public hearing,
the applicant may appear in person or may be represented by an authorized agent.
(1) Applications for a variance shall be considered on a case-by-case basis, and shall be
approved only upon findings of fact that the application is consistent with the definition of a
variance and consistent with the provisions of this section.
(2) The community development board shall not grant a variance, which would allow a use
that is not permitted use, or a permitted use-by-exception in the applicable zoning district.
In the case of an application for a use-by-exception that is considered concurrently with an
application for a variance, approval of the variance shall be contingent upon approval of
the use-by-exception by the city commission. In the event, that the use-by-exception is
denied by the city commission, any approved variance shall be rendered null and void.
(3) The community development board shall not approve any variance that would allow a use
that is prohibited by the terms of this chapter or by the comprehensive plan.
(4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not
be considered as justification for the approval of a variance.
(c) Grounds for denial of a variance. No variance shall be granted if the community development
board, in its discretion, determines that the granting of the requested variance shall have a
materially adverse impact upon one (1) or more of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public
safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situations created by the property owner.
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(d) Grounds for approval of a variance. A variance may be granted, at the discretion of the community
development board, for the following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
(e) Approval of a variance. To approve an application for a variance, the community development
board shall find that the request is in accordance with the preceding terms and provisions of this
section and that the granting of the variance will be in harmony with the purpose and intent of
this chapter. In granting a variance, the community development board may prescribe
appropriate conditions in conformance with and to maintain consistency with City Code.
Violation of such conditions, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this chapter, and shall be subject to established code
enforcement procedures.
(f) 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.
(g) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings
shall not be grounds for approval of a variance.
(h) 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.
(i) Time period to implement variance. Unless otherwise stipulated by the community development
board, the work to be performed pursuant to a variance shall begin within twelve (12) months
from the date of approval of the variance. The community development director, upon finding of
good cause, may authorize a one-time extension not to exceed an additional twelve (12)
months, beyond which time the variance shall become null and void.
(j) 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)
Sec. 24-65. - Development, construction and storage within zoning districts.
(a) Temporary construction trailers or structures.
(1) Subject to the following provisions, any person may obtain a building permit for the construction
and/or use of a temporary trailer or structure to be used only as a construction shed and tool
house for contractors and construction workers on the site and limited to the time period of
construction. This temporary trailer or structure shall not be placed or erected on the prop erty
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prior to the issuance of a building permit for the applicable construction, and shall be
immediately removed upon completion of the construction project or in the absence of a valid,
unexpired building permit.
(2) It shall be a violation of this section for any person to use the construction trailer or structure for
sales purposes without first applying to and receiving written permission from the building
official.
(3) Construction trailers and structures shall not be used for the purpose of living quarters, and the
trailers or structures shall have upon the unit, or attached thereto, an identification sign
designating the owner or company and the words "construction office" in full view.
(b) Temporary storage structures and uses. Enclosed portable structures and accommodations intended
only for temporary storage may be used following registration with the city on a form provided by the
planning and zoning department, payment of the required fee, and subject to the following
provisions:
(1) Within all residential zoning districts, enclosed portable structures and accommodations
intended only for the temporary storage of personal household belongings of occupants of the
property may be placed on the property for a period not to exceed four (4) days or ninety-six
(96) hours. Registration shall be required for each such use of any temporary storage
structures.
(2) In the event of damage to a residential dwelling by fire, storm, flood, or other such property loss,
this period of time may be extended to ten (10) days upon request to and written approval of the
city manager.
(3) Within all nonresidential zoning districts, enclosed portable structures and accommodations
intended only for storage, may be used for temporary storage of items related to the business
located on the property, for a period not to exceed thirty (30) days. Such structures shall not be
located within required front yards and shall not be used to store any chemical, hazardous,
flammable or combustible materials.
(c) All structures. All temporary and portable storage structures, construction trailers and the like, shall
be constructed, altered, repaired, enlarged, placed, moved or demolished in accordance with
applicable provisions of the Florida Building Code as well as all applicable federal, state and local
regulations applying to the use and development of land. The issuance of building permits, where
required, verifying such compliance shall be administered by the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-66. - Stormwater, drainage, storage and treatment requirements.
(a) Topography and grading. All lots and development sites shall be constructed and graded in such a
manner so that the stormwater drains to the adjacent street, an existing natural element used to
convey stormwater (see section 22-303, definitions: Stormwater management system), or a city
drainage structure after meeting onsite storage 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 topographical survey prior to the issuance of a certificate of
occupancy. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys
shall be prepared by a licensed Florida surveyor, and the requirement for either or both surveys may
be waived by the director of public works if determined to be unnecessary.
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.
Page 33
(b) Onsite storage. The applicant shall be required to provide onsite storage, such that there is no
increase in the rate or volume of flow to offsite, from every developed or redeveloped parcel, and for
any addition or modification that increases the impervious surface area on a developed lot by ten
(10) percent or four hundred (400) SF, whichever is smaller and provide documentations and
calculations to demonstrate compliance. Development projects previously permitted by the St. Johns
River Water Management District (SJRWMD), which have an in-compliance retention or detention
system that collects and controls runoff, are exempt, however a copy of the Engineer's Certification
of As-Built Construction to the SJRWMD must be submitted to the city before issuing building
permits for individual lot construction may begin. The requirement for onsite storage may be waived
by the director of public works if storage is determined to be unnecessary or unattainable. If onsite
storage is required, an as-built survey, signed and sealed by a licensed Florida surveyor,
documenting proper construction and required volume of the storage system, must be submitted to
the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an
under-ground system, a notarized letter from the general contractor, along with red-lined plans and
construction photographs, will be sufficient to document proper construction.
Volume calculations for lots that require onsite storage should be based on the difference in runoff
volume generated by the new impervious area ("delta volume") and would be calculated by:
V=CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet,
R = 25-year and 24-hour rainfall depth (9.3 inches) over the lot area, and
C = runoff coefficient, which is 0.6 for the fifty (50) percent maximum imperviousness, 0.4 for twenty-
five (25) percent imperviousness, and 0.2 for zero (0) percent imperviousness.
This delta volume (post V minus pre-V in cubic feet) must be stored at least one (1) foot above the
wet season water table and below the overflow point to offsite (in many cases this may be the
adjacent road elevation). As an option, and as approved by the director of public works, the owner of
the parcel to be developed or redeveloped may implement, at the applicant's cost, offsite storage
and necessary conveyance to control existing flood stages offsite.
(c) Floodplain storage. There shall be no net loss of storage for areas in the 100-year floodplain, where
a floodplain elevation has been defined by either the Federal Emergency Management Agency
(FEMA) on flood insurance rate maps (FIRMs), the 1995 Stormwater Master Plan, the Core City
project, or the 2002 Stormwater Master Plan Update (e.g., Hopkins Creek). Site grading shall create
storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage
required for the increase in impervious surface area. The applicant shall provide signed and sealed
engineering plans and calculations documenting that this "no net loss" requirement is met.
(d) Stormwater treatment. For all new development or redevelopment of existing 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 (½) inch of runoff pursuant to
Chapter 62-25, 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 of the
Florida Administrative Code. This treatment volume can be included as part of the onsite storage
requirement in item d(2) [subsection (b)] of this section.
(e) NPDES requirements. All construction activities shall be in conformance with the city's National
Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the
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
Page 34
artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone
NPDES permit. Site clearing, demolition and construction on any size site may not commence until
site inspection and approval of the proper installation of a required best management practices
erosion and sediment control plan is completed.
(f) Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or
floodplain storage and stormwater treatment, the improvements shall be maintained by the property
owner. Failure to maintain the improvements will require restoration upon notification by the director
of public works, within a stipulated time frame. If restoration is not timely completed, the city shall
have the right to complete the restoration, and the city's actual cost incurred, together with a charge
of one hundred (100) percent of said costs to cover the city's administrative expenses, shall be
charged to the owner.
(g) Minor waivers to impervious surface area limits. The director of public works shall have the authority
to waive the impervious surface area up to five (5) percent of the established limit upon
demonstration by the property owner or applicant that preceding stormwater standards shall be
maintained and upon showing of good cause and need for the increased impervious surface area
which shall be based upon the inability to meet limits due to site constraints or pre-existing
conditions. Any reduction shall be calculated based upon the total square footage of lot area and the
square footage of the allowed impervious surface area. For example, on a seven thousand five
hundred (7,500) square foot lot, the allowed impervious surface area is three thousand seven
hundred fifty (3,750) square feet, and the maximum impervious surface area permitted to be waived
in accordance with this provision is one hundred eighty-seven and one-half (187.5) square feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-67. - Development review and issuance of development permits.
(a) Purpose. The purpose of this section shall be to establish procedures for the submittal, review and
approval of construction plans, and the issuance of development permits.
(b) Procedures. Plans prepared according to the requirements set forth within this section shall be
submitted to the building department for distribution, review and comment from appropriate
departments of the city. Plans may be denied if they do not meet the intent or the requirements of
this section and this chapter or 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 new development, other than interior renovations, in accordance with the following
provisions:
(1) Single-family, two-family (duplex) or townhouse and structural alterations or additions thereto,
including swimming pools and accessory structures. A certified survey and site 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, pursuant to section 24-66, unless waived in
accordance with the provisions therein.
Page 35
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.
(2) Multi-family, commercial and industrial uses and 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 subsection 24-66(a), unless waived in accordance with the provisions
therein.
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 subsections 24-66(b) and (d).
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.
j. Other information as may be appropriate for the purposes of preliminary review.
(d) Approval of site plans. Upon approval of the preliminary site development plan, an application for a
development permit may be submitted to the building department for distribution and review by the
appropriate city departments. The application shall be accompanied by all required information
including construction plans that demonstrate compliance with all applicable federal, state and local
land development regulations and permitting requirements. Upon approval of construction plans by
reviewing departments and payment of required fees, development permits may be issued, and
construction plans shall be released for construction.
(e) In the case that an applicant fails to make a good faith effort to continue with the review process
once any application for a development permit is submitted, plans shall remain valid for a period of
six (6) months, after which time new plans and a new review fee shall be required.
(f) Expiration of approved of construction plans. Approved construction plans shall be claimed within
ninety (90) days of notice of approval or completed comments, or said plans shall be considered to
have expired. Upon expiration, a new submittal and review with applicable fees shall be required.
Development review comments shall expire six (6) months from the date that comments are
provided to the applicant.
Page 36
(g) Expiration of development permits. Development permits shall expire on the six-month anniversary
of the date such permits were issued unless development has commenced and continued in good
faith. Commencement shall mean the issuance of a valid building permit and the development permit
shall remain active along with the building permit. Failure to maintain an active building permit will
cause the development permit to expire.
(h) Retention of expired plans. Any construction plans and supporting documents which have expired
shall be retrieved following effort to notify the applicant by the building department. It shall not be the
responsibility of the city to store or retain expired construction plans.
(i) Changes to approved plans. Applicant must copy the city on any and all 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 provided changes to the city for review may result in a stop
work order being issued if construction deviates from the approved plans on file with the city.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-68. - 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 development site disturbed, prior to issuance of all required approvals and
development permits authorizing such clearing or alteration. Except as required to meet coastal
construction codes as set forth within a valid permit from the Florida Department of Environmental
Protection; or as required to meet applicable flood zone or stormwater regulations, 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)
Sec. 24-69. - Fees.
Pursuant to subsection 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 .....$ 50.00
(2) Determinations of vested rights .....50.00
(3) Change in zoning district classification .....500.00
(4) Use-by-exception .....350.00
(5) Zoning variance or waiver .....250.00
(6) Development review
a. Single- and two-family uses .....50.00
b. Multi-family uses, per dwelling unit .....100.00
c. Commercial and industrial uses .....300.00
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d. Public and institutional uses .....300.00
e. Landscape plan .....100.00
(7) Subdivision
a. Application for waiver .....250.00
b. Application for re-plat .....250.00
c. Preliminary plat review .....250.00
d. Final plat approval (plus recording fees) .....100.00
(8) Comprehensive plan amendment
a. Less than ten (10) acres .....250.00
b. Greater than ten (10) acres .....250.00
(9) Land development regulations .....15.00
(10) Comprehensive plan document .....15.00
(11) Zoning and comprehensive plan maps .....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
For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00)
per hour will be charged. Also, additional costs for outside reviews and modeling shall be
paid by the applicant.
(2) Residential building review .....50.00
(3) Commercial building review .....75.00
(4) Building modification/right-of-way review .....25.00
(d) Specific use review fees.
(1) Dog-friendly dining.
a. Initial application (full year) .....175.00
(Half year) .....90.00
Includes processing of application, initial inspection, permit issuance, and three
subsequent quarterly compliance inspections.
b. Renewal application .....125.00
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Includes annual compliance review and inspection, permit issuance, and three
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)
Secs. 24-70—24-80. - Reserved.
DIVISION 4. - GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. - Rules for determining boundaries.
Where uncertainty exists with respect to the boundaries of any of the zoning districts, as shown on
the official zoning map, the following rules shall apply:
(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 community development director in coordination with GIS staff shall determine the
location of the boundary.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-82. - [General restrictions upon land, buildings and structures.]
(a) Use. No building or structure shall be placed or erected, and no existing building shall be moved,
altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed
Page 39
or intended to be used for any purpose or in any manner other than a use designated in this chapter,
as allowed in the zoning district in which such land, building, structure or premises are located.
Further, no land shall be used except in compliance with the comprehensive plan.
(b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number of
buildings on any lot zoned for single-family or two-family (duplex) use shall not exceed three (3)
including the principal use structure, detached garages and any other detached building.
(c) Height. No structures or building shall be erected, and no existing building shall be moved,
reconditioned or structurally altered so as to exceed the height limit specified in this chapter for the
zoning district in which such building or structure is located. However, on nonconforming lots of
record, which shall be any lot that contains less than five thousand (5,000) square feet in lot area,
the height of buildings shall be restricted to a percentage of the area of the such lot compared to the
minimum requirements of the zoning district and applying the same to the maximum height of
building allowed in said zoning district (for example, if the minimum lot area is five thousand (5,000)
square feet, and the size of the nonconforming lot is two thousand five hundred (2,500) square feet,
a percentage of fifty (50) percent would be applied to the 35-foot height restrictions, resulting in an
allowable height of building of seventeen and one-half (17.5) feet).
(d) Percentage of lot occupancy. No building or structure shall be erected, and no existing building or
structure shall be moved, altered, enlarged or rebuilt, or shall any open space surrounding any
building or structure be encroached upon or reduced in any manner, except in conformity with the
building site requirements, the area and parking and required yard regulations established by this
chapter for the zoning district in which such structure is located.
(e) Density. No structure or property shall be developed or used so as to exceed density allowed under
the terms of the comprehensive plan or the limitations for the zoning district in which such structure
is located.
(f) Open space use limitation. No yard or other required open space on a lot shall be considered as
providing a required yard or open space for any other structure on an adjacent lot.
(g) Required lot and occupancy. Structures shall be located on a lot of record, and there shall be no
more than one (1) principal use structure on a single lot, unless otherwise provided by the provisions
of this chapter. Every building or structure hereafter erected shall be located on a lot as defined
herein; and in no case shall there be more than one (1) principal building on one (1) lot, except as
otherwise provided in this article.
(h) Duplicates or externally similar dwellings. Construction of single-family or two-family dwellings that
are duplicates of another single-family or two-family dwellings within a distance of five hundred (500)
feet shall be prohibited. This provision shall apply to external features only and shall not apply to two-
family dwellings, townhouses or condominiums when constructed as part of single development
project with a unified design theme. In determining compliance with this provision, a minimum of five
(5) of the following characteristics shall be substantially different.
(1) Roof design and roof color.
(2) Exterior finish materials, excluding paint color.
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory
building or vehicle shall be used as a residence, temporarily or permanently, nor shall any such
residence of temporary character be permitted in any zoning district.
Page 40
(j) Minimum floor area for residential dwelling units.
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and
not less than a total of one thousand (1,000) square feet of enclosed living area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of enclosed
living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480)
square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from other living
areas, five hundred seventy-five (575) square feet of enclosed living area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the
living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other
living areas, eight hundred forty (840) square feet of enclosed living area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other
living areas, nine hundred ninety (990) square feet of enclosed living area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per
additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable space is
constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea
level. Flood protection provisions shall be approved by the designated administrative official to
ensure that grade changes will not alter the natural drainage or adversely affect other areas
downstream through added runoff or adverse impacts to water quality.
(l) Short-term rentals prohibited. Private homes including, but not limited to, single-family homes, town-
homes, duplexes, multi-family dwellings including condominiums and the like, shall not be rented or
leased for a term or period of less than ninety (90) days. No person(s) shall offer or advertise a
private home for rent or lease for a term or period of less than ninety (90) days.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-83. - Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a required yard shall be
open and unobstructed from the established grade to the sky, except for structures that do not
exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and cantilevered bay
windows, open balconies and porches may project a distance not to exceed forty-eight (48) inches
into required front and rear yards. Such balconies and porches may be covered, but shall not be
enclosed in any manner, except that balconies and porches within rear yards may be enclosed with
screening only. Eaves and cornices, cantilevered bay windows, chimneys, and architectural
elements intended to create design relief along the side wall plane may project into required side
yards, but not beyond twenty-four (24) inches.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors,
or similar equipment that makes excessive noise, shall not be located closer than five (5) feet from
any lot line where such equipment will be located adjacent to the interior living area of an existing
residence. This setback requirement shall not apply where such equipment is to be located adjacent
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to a neighboring garage, storage or utility area or other similar equipment. It is the intent of this
provision to require placement of such equipment in a location that does not unreasonably disturb
neighbors. This requirement shall not apply to such equipment lawfully installed prior to the effective
date of these land development regulations.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-84. - Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each
street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean-front lots. 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. For double frontage lots extending
between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces
Ocean Boulevard.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-14-222, § 1, 4-14-14; Ord. No. 90-15-
223, § 1, 1-26-15)
Sec. 24-85. - Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and uses of land that were
lawful prior to the adoption or amendment of these land development regulations. Such lots, uses
and structures would be prohibited, restricted or regulated through the provisions of this chapter or
the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to
property owners of existing nonconforming lots, uses and structures, and to permit such
nonconformities to continue in accordance with such rights, but not to otherwise encourage their
continued survival. Furthermore, the presence of any nonconforming 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 lots of record.
(1) Where a lot or parcel of land has a lot area or frontage that does not conform with the
requirements of the zoning district in which it is located, but was a legally established and
documented lot of record prior to the adoption of this Code or previous codes and applicable
City of Atlantic Beach ordinances, such lot or parcel of land may be used for one single-family
dwelling in any residential zoning district, provided the minimum yard requirements for that
residential zoning district are maintained, or provided that the owner of said lot has obtained a
variance from the community development board, in accordance with the requirements of
section 24-64 of this chapter.
(2) In any zoning district, on a legally established and documented nonconforming lot of record that
existed prior to the initial effective date of these land development regulations, a structure may
be expanded or enlarged provided such expansion or enlargement complies with other
provisions of this chapter, including yard requirements or with the terms of a valid variance.
(3) After the initial effective date of these land development regulations, no single-family,
townhouse, two-family (duplex) or multi-family structure shall be allowed on a single-family
residential lot or a combination of such lots unless the total lot area proposed for development
complies with the regulations as set forth within this chapter and with the density limitations as
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set forth within the comprehensive plan, unless otherwise exempted in preceding paragraph (1)
or in accordance with a valid unexpired vesting determination.
(4) After the initial effective date of these land development regulations, no lot or parcel in any
zoning district shall be divided to create a lot with area or width below the requirements of this
chapter and the comprehensive plan.
(c) Nonconforming structures.
(1) No nonconforming structure shall be expanded or enlarged unless such expansion or
enlargement complies with the terms of this section and other applicable provisions of this
chapter, including building setbacks, or unless a variance has been obtained from the
community development board, in accordance with the requirements of section 24-64 of this
chapter.
(2) Any nonconforming structure, or portion thereof, that is declared unsafe may be restored to a
safe condition. Building permits shall be required.
(3) A nonconforming structure may be maintained, and repairs and alterations may be made
subject to the provisions of this section.
(4) No additional structure not conforming to the requirements of this chapter shall be constructed
in connection with the nonconforming use of land.
(5) Any existing nonconforming structure that is encroaching into public right-of-way shall not be
rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(6) Residential structures which were lawfully existing, but nonconforming with respect to required
building setbacks may be reconstructed within the previously existing footprint, provided that
where any exterior side wall is reconstructed, a minimum five-foot side yard setback shall be
required. This provision shall apply only to reconstruction following damage that has occurred
from an unintended act, including fire and weather related events, and not from an intentional
act of the property owner or occupant, in which case the required building setbacks of the
particular zoning district shall be required.
(d) Nonconforming uses.
(1) Continuation of nonconforming uses. Uses of land which were lawfully created at the time such
uses were established, but which would not be permitted by the restrictions imposed by these
land development regulations or by restrictions imposed by the comprehensive plan, may be
continued so long as they remain otherwise lawful and in compliance with the provisions of this
section.
(2) Relocation or expansion of nonconforming uses. A nonconforming use shall not be moved in
whole or in part to any other portion of the lot or parcel on which such nonconforming use is
located, nor shall a nonconforming use be expanded or enlarged.
(3) Discontinuance of nonconforming uses. In the event that a nonconforming use of land is
discontinued or abandoned for a period of six (6) months or longer, any subsequent use of such
land shall conform to the applicable zoning district regulations as set forth within this chapter as
well as applicable provisions of the comprehensive plan.
(4) In the event that more than fifty (50) percent of the value of a nonconforming structure, which is
occupied by a nonconforming use, is destroyed, the structure shall not be re-occupied by any
nonconforming use and shall be reconstructed only in compliance with the provisions of this
chapter. In determining the value of a nonconforming structure, either the assessed value or the
appraised value may be considered, subject to approval of the building official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
DIVISION 5. - ESTABLISHMENT OF DISTRICTS
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Sec. 24-101. - Intent and purpose.
The City of Atlantic Beach shall be divided by these land development regulations into zoning
districts, as listed and described below. These divisions and the requirements set forth herein shall have
the purpose of implementing the goals, objectives and policies of the comprehensive plan. The following
is established in this division:
(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.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-102. - Zoning districts established.
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
Commercial Professional and Office CPO
Commercial Limited CL
Commercial General CG
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Light Industrial and Warehousing LIW
Special Purpose SP
Central Business District CBD
Special Planned Area District SPA
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-103. - Conservation district (CON).
(a) Intent. The conservation district is composed mostly of open land, water, marsh and wetland areas,
consisting primarily of the public River Branch, Dutton Island and Tideviews Preserves. It is intended
that the natural and open character of these areas be retained and that adverse impacts to these
environmentally sensitive areas, which may result from development, be minimized. To achieve this
intent, uses allowed within the conservation districts shall be limited to certain conservation,
recreation, very low intensity uses that are not in conflict with the intent of this district, the
comprehensive plan or any other applicable federal, state and local policies and permitting
requirements.
(b) Permitted uses. Uses permitted within the conservation district shall be limited to the following:
(1) Cemetery limited to those lands owned by the existing cemetery as of the January 1, 2002 initial
effective date of these land development regulations.
(2) Nature preserves, public natural resource based parks, and passive recreational uses and
facilities as needed to support such uses.
(3) Kayak, canoe rentals, and vendors limited to providing equipment or supplies as needed to use
these natural resources subject to approval by the city commission.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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. All development of land and parcels within the RS-L 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.
(b) Permitted uses. The uses permitted within the RS-l zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses-by-exception. Within the RS-l zoning district, the following uses-by-exception may be
permitted.
Page 45
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. Existing legally established lots of record may exist, which do not meet the
following lot width, depth or area requirements. These lots may be developed subject to all
applicable land development regulations; however, all lots created after the February 27, 2006
effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements in
order to obtain building permits authorizing development.
The minimum size for lots within the RS-L zoning district shall be:
(1) Minimum lot or site area: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RS-l zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Additional building restrictions within the RS-l zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-105. - Residential, single-family district (RS-1).
(a) Intent. The RS-1 zoning district are intended for development of density single-family residential
areas. All development of land and parcels within the RS-1 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.
(b) Permitted uses. The uses permitted within the RS-1 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses-by-exception. Within the RS-1 zoning district, the following uses-by-exception may be
permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
Page 46
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the
following requirements. These lots may be developed subject to all applicable land development
regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size
requirements in order to obtain building permits authorizing development.
The minim um size for lots within the RS-1 zoning district, which are created after the initial effective date
of these land development regulations, shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements in the RS-1 zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Building restrictions within the RS-1 zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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. All
development of land and parcels within the RS-2 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.
(b) Permitted uses. The uses permitted within the RS-2 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses-by-exception. Within the RS-2 zoning district, the following uses-by-exception may be
permitted:
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the
following requirements. These lots may be developed subject to all applicable land development
regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size
requirements in order to obtain building permits authorizing development (see section 24-188 and
section 24-189). The minimum size for lots within the RS-2 zoning district, which are created after
the initial effective date of these land development regulations, shall be:
Page 47
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RS-2 zoning district shall
be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building restrictions. Building restrictions within the RS-2 zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 areas. All development of land and parcels within the RG 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.
(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) Townhouses, subject to density limitations and 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.
(c) Uses-by-exception. The following uses may be approved as a use-by-exception within the RG
zoning district.
(1) Child care centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and community centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the below
requirements. These lots may be developed with a single-family residence subject to all applicable
land development regulations; 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, which are created after the January 1, 2002 initial
effective date of these land development regulations, shall be as set forth herein.
Page 48
(1) Minimum lot area in the RG zoning district:
a. Single-family dwellings: Seven thousand five hundred (7,500) square feet.
b. Two-family (duplex) dwelling or two-unit townhouse:
Lands designated as low density by the future land use map: fourteen thousand five
hundred (14,500) square feet.
Lands designated as medium density by the future land use map: Six thousand two
hundred (6,200) square feet.
Lands designated as high density by the future land use map: Five thousand (5,000)
square feet.
(2) Minimum lot width in the RG zoning district: Seventy-five (75) feet.
(3) Minimum lot depth in the RG zoning district: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RG zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building restrictions. The building restrictions for the RG zoning district shall be:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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. All development of land and parcels within the RG-M 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.
(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 the density limitations.
(3) Townhouses, subject to subject to the density limitations and compliance with article IV,
subdivision regulations and section 24-87.
(4) Multi-family dwellings, subject to the density limitations.
(5) Accessory uses as set forth in section 24-151.
(6) Government buildings and facilities.
(7) Family day care homes and group care homes.
(c) Uses-by-exception. Subject to the provisions of section 24-63, the following uses may be approved
as a use-by-exception within the RG-M zoning district:
(1) Churches.
Page 49
(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 centers.
(4) Schools and Community Centers.
(5) Home occupations subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the
following requirements. These lots may be developed with a single-family residence subject to all
applicable land development regulations; however, all lots created after January 1, 2002, must
comply with the these minimum lot size requirements in order to obtain building permits authorizing
development. The minimum size for lots within the RG-M zoning district, which are created after the
January 1, 2002 initial effective date of these land development regulations, shall be as set forth
herein.
(1) Minimum lot or site area:
a. Single-family dwellings: Seven thousand five hundred (7,500) square feet.
b. Two-family dwellings or two-unit townhouse:
Lands designated as low density by the future land use map: Fourteen thousand five
hundred (14,500) square feet.
Lands designated as medium density by the future land use map: Six thousand two
hundred (6,200) square feet.
Lands designated as high density by the future land use map: Five thousand (5,000)
square feet.
c. Multi-family dwellings: Minimum seven thousand five hundred (7,500) square feet parcel
required, with maximum number of dwelling units determined by the density limitations as
set forth in the comprehensive plan.
(2) Minimum lot width in the RGM zoning district: Seventy-five (75) feet.
(3) Minimum lot depth in the RG-M zoning district: One hundred (100) feet.
(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.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side.
c. Multi-family dwellings: Fifteen (15) feet each side.
(f) Building restrictions. The building restrictions for the RG-M zoning district shall be as follows:
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-109. - Commercial, professional office (CPO).
Page 50
(a) Intent. The CPO zoning district is intended for small, neighborhood scale professional offices with
residential design characteristics that make such uses compatible with nearby residential uses.
(b) Permitted uses. The uses permitted within the CPO zoning district shall be:
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed massage
therapist offices.
(2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor,
optometrist and similar uses.
(3) Business offices such as real estate broker, insurance agent, stockbroker and similar uses.
(4) Single-family dwelling units.
(5) Child care centers, in accordance with section 24-152.
(6) Mixed use projects combining the above permitted uses and those approved as a use-by-
exception pursuant to subsection (d) below.
(c) Limitations. All uses within the CPO zoning district shall be subject to the following standards:
(1) No outside retail sales, display or storage of merchandise or business activities shall be
permitted.
(2) No vehicles other than typical passenger automobiles, and no trucks exceeding three-quarter-
ton capacity, shall be parked on a daily or regular basis within CPO zoning districts.
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no
machinery shall be used other than normal office equipment such as typewriters, calculators,
computers, bookkeeping machines shall be used in association with any use located within the
CPO zoning districts.
(4) Permitted uses shall not include establishments for live entertainment or adult entertainment
establishments, outdoor entertainment such as putt-putt golf and driving ranges, skateboard
facilities, firing ranges, amusement centers, computer game centers, 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.
(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, hospitals, medical or dental laboratory; manufacture of prosthetic
appliances, dentures, eyeglasses, hearing aids and similar products.
(4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or
dress makers.
(5) Banks and financial institutions without drive-through facilities.
(6) Government buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(e) Minimum lot or site requirements. The size for lots within the CPO zoning 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.
Page 51
(f) Minimum yard requirements. The minimum yard requirements within the CPO zoning districts shall
be:
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building restrictions. The building restrictions within the CPO zoning districts are:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area
exceeds seventy (70) percent on previously developed sites, new development shall not exceed
the pre-construction impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management requirements shall apply to
infill development and to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-110. - Commercial limited district (CL).
(a) Intent. The CL zoning district is intended for low intensity business and commercial uses, which are
suitable within close proximity to residential uses, and which are intended primarily to serve the
immediately surrounding neighborhood. Subject to review as a use-by-exception, and dependent
upon compatibility with existing surrounding residential uses, certain more intense commercial uses
may also be appropriate. Permitted uses in the CL zoning districts shall not include large-scale
discount super-centers or "big-box" retailers or similar commercial uses intended to serve a regional
market. Uses shall also not include establishments for live entertainment, or adult entertainment
establishments, outdoor entertainment such as putt-putt golf and driving ranges, skateboard
facilities, firing ranges, amusement centers, computer game centers or video game arcades and any
type of token or coin-operated video or arcade games, movie theaters, tattoo or body artists or
studios, pawn shops, billiard and pool halls.
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning
pick-up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys,
sundries and notions, books and stationery, luggage and jewelry and similar uses; but not sale
of lumber, hardware or building materials or similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, optometrists and
similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar
uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug stores and pharmacies.
(10) Government uses, buildings and facilities.
(11) Child care centers in accordance with section 24-152.
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(12) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(13) Mixed use projects combining the above permitted uses and those approved as a use-by-
exception pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CL zoning district, the following uses may be approved as a use-by-
exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(5) Printing shops.
(6) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum lot size. The minimum size for lots within the CL zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the CL zoning district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions within the CL zoning districts shall be:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area
exceeds seventy (70) percent on previously developed sites, new development shall not exceed
the pre-construction impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management requirements shall apply to
infill development and to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-111. - Commercial general districts (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. New development and new uses within these districts should have direct access to
arterial or collector streets, and sites should be designed so that increase d traffic through adjacent
residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential
community, and it is a stated goal within the comprehensive plan that the residential character of the
city should be retained. As such, the appropriate level of intensity for general commercial uses may
be less than other communities with large commercial zones or a more diverse mixture of uses in
close proximity.
(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
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residents of the surrounding neighborhoods. Such uses shall not include manufacturing,
warehousing, storage or high intensity commercial activities, or commercial uses of a regional
nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and
properties due to excessive traffic, noise, light or extremely late hours of operation or other factors
that may adversely affect existing commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges,
indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or
body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker
establishments, computer game centers, or games played on individual machines or computers, including
any type of card, token or coin-operated video or simulated games or similar activities or machines which
are played for any type of compensation or reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts
to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to
the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for
herein, all business activities, products for sale and services must be located within an enclosed building
properly licensed for such use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery,
luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet
shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings
and appliances, office equipment and furniture, hardware, lumber and building materials, auto,
boat and marine related parts, and similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or
outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry
cleaner, funeral home, printing, radio and television and electronics repair, lawn care service,
pest control companies, surf board repair in association with surf shops, but not the production
of surfboards, and similar service uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers,
and similar financial service institutions.
(4) Child care centers 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) Automobile service station with minor automotive repair and with accessory car wash.
(Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12-
11-06).
(10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within
section 24-17.
(12) Institutional and government uses, buildings and facilities.
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(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located
within the same building as the principal use. Such dwelling unit is intended to be occupied by
the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited and
commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which permits residential uses not
exceeding the medium density category when in conjunction with, or adjacent to commercial
development and redevelopment, provided that such residential development shall not be
permitted within the coastal high hazard area. Policy A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the initial effective
date of these land development regulations shall be considered as vested development.
(17) 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 CG zoning district, the following uses may be approved as a use-by-
exception where such proposed uses are found to be consistent with the uses permitted in the CG
zoning districts with respect to intensity of use, traffic impacts and compatibility with existing
commercial uses and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-
through business (this shall not be construed to prohibit restaurants with carry-out service,
which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, 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.
(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) Businesses offering live entertainment, not including adult entertainment establishments as
defined by Section 847.001(2), Florida Statutes.
(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"
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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.
Intent. The intent of this limitation is to ensure that the city's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the city
and further, to implement related goals, objectives, and policies of the 2015 Comprehensive
Plan, restated in part as follows.
Commercial and light industrial development shall be located and designed so as to minimize
adverse effects on residential areas, traffic facilities and the aesthetic character of the city
(Policy A.1.5.7).
(1) The city shall provide for land use, development and redevelopment in an efficient manner,
which supports the land use designations as set forth within the 2015 Future Land Use Map;
which enforces the residential densities and the limitations upon the type and intensity of uses,
and which results in development appropriate to the sensitive coastal location of the city,
particularly with respect to the predominantly residential character and small-town scale of the
city (Objective A.1.11—Appropriate land use patterns).
(2) The city shall encourage future development and redevelopment, which retains the
exceptionally high quality of life and the predominantly residential character of the City of
Atlantic Beach (Objective A.1.3—Maintaining residential character).
(e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the commercial general zoning
district shall be:
(1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where
required off-street parking is located at the rear or side of the building site, and the primary
business entrance is designed to face the street.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a combined
fifteen (15) total feet with a five (5) feet minimum on either side.
(g) Building restrictions. The building restrictions in the commercial general zoning district shall be as
follows:
(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.
Page 56
(3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter.
Where existing uses, which do not provide the required number of off-street parking spaces as
set forth within subsection 24-161(g) 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.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-112. - 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 nonobjectionable 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.
(2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or hazardous
operations, within completely enclosed buildings.
(4) 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.
(5) Heating and air conditioning, plumbing and electrical contractors, wholesale bakeries and
similar uses.
(6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses.
(7) Government buildings, uses and facilities.
(8) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature.
(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) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats,
automobile parts and accessories (except salvage yards), machinery and equipment, farm
equipment, lumber and building supplies, mobile homes, monuments and similar sales
establishments.
(5) Establishments for heavy automotive repair, towing service or the permanent storage of
automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm
equipment and similar uses.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughterhouses).
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(9) Wholesale food processing.
(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) Building restrictions. The building restrictions for the LIW zoning district shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface shall not
apply to infill development or redevelopment of previously developed sites. Where existing
development exceeds seventy (70) percent, redevelopment shall not increase impervious
surface area beyond that existing. Required landscaping shall be provided in accordance with
division 8 of this chapter. Stormwater management requirements shall apply to infill
development and to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-113. - 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) The existing salvage yard, which is restricted to storage and salvage operations of automobiles,
trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized
as a lawfully permitted nonconforming use. The site area for this existing salvage yard shall not
exceed that covered by the blocks or portions thereof limited in location to the following lots of record
identified as Section H, to wit: all of Blocks 111, 112, 113, 117, 118, 119, 140, 141, and 142.
In the case that any lot or parcel within the blocks referenced herein shall cease to be used for a
salvage yard as described herein, then and in that case, that particular lot or parcel shall not again be
used except in conformance with the requirements of this section, and any autos, boats, parts, or similar
remaining materials shall be removed at the owner's expense within six (6) months after receiving written
notice from the City of Atlantic Beach. The zoning district classifications of such lots shall then revert to
residential, single-family (RS-2), and the use of such lots shall conform to the provisions of section 24-106
and all other applicable land development regulations.
(d) Uses-by-exception. None.
(e) Minimum lot or site requirements. Minimum required lot area shall be determined based upon the
characteristics of the use proposed.
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(f) Minimum yard requirements. Structures shall be a minimum distance of five (5) feet from any
property line.
(g) Building restrictions. The building restrictions applicable to any use permitted within a special
purpose district shall be established within the ordinance creating such special purpose district.
(h) Special requirements. Development within a special purpose district shall be subject to the following
provisions:
(1) Accessory uses shall be determined based upon the specific use permitted within the special
purpose district.
(2) Where a specific permitted use within a special purpose district is ceased for a period of six (6)
months or abandoned, the zoning district designation shall remain special purpose (SP), except
in the case where the terms of an SP district require reversion to a previous zoning district
designation. In all other cases, no future use shall be permitted except in conformance with the
requirements of this section and until the ordinance establishing the special purpose district is
amended.
(3) Where a specific permitted use within a special purpose district is ceased for a period of six (6)
months, or abandoned, all structures, equipment, stored materials and any refuse shall be fully
removed, at the property owner's expense, within six (6) months of receiving written notice from
the City of Atlantic Beach in accordance with such order for removal or in accordance with the
terms of the ordinance establishing the special purpose district.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-114. - 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.
(b) Permitted uses. The uses permitted in the central business 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) Pharmacies.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, and similar uses.
(5) Business offices such as real estate broker, insurance agents, and similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Restaurants, café, coffee shops without drive-up or drive-through service.
(8) Art galleries, libraries, museums, cultural centers.
(9) Municipal, government buildings and facilities.
(10) Leased right-of-way uses.
(11) A single dwelling unit within the same building occupied by a permitted use, intended to be
occupied by the owner or an employee of such use.
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(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 secondary to the permitted commercial use of the
building.
(2) Businesses offering live entertainment, not including adult entertainment establishments as
defined by Section 847.001(2), Florida Statutes, and also not including outdoor entertainment
such as putt-putt golf and driving ranges, skateboard facilities, firing ranges, amusement
centers and video game arcades and any type of token or coin-operated video or arcade
games, tattoo or body artists or studios, movie theaters, billiard and pool halls.
(d) Lot size and yard requirements. Subject to meeting required impervious surface area limits,
stormwater requirements, access and parking standards, landscaping and buffering, there are no
defined setbacks within the central business district.
(e) Building restrictions. The building restrictions for the central business district shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. The maximum impervious surface shall not
apply to infill development or redevelopment of previously developed sites. Where existing
development exceeds seventy (70) percent, redevelopment shall not increase impervious
surface area beyond that existing. 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.
(f) Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and sidewalk cafes
may be operated by the management of adjacent permitted food service establishments, subject to
the following provisions:
(1) Outside seating within public rights-of-way may be permitted under a renewable annual lease
agreement approved by the city commission. As a condition of the lease, the owner of such
establishment shall agree in writing to maintain that portion of the right-of-way where the outside
seating is located. The owner/leasee/leasor of the business establishment and the property
owner shall agree in writing to hold the City of Atlantic Beach harmless for any personal injury or
property damage resulting from the existence or operation of, and the condition and
maintenance of the right-of-way upon which any outside seating is located, and shall furnish
evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per
person and two million dollars ($2,000,000.00) per occurrence with the City of Atlantic Beach as
additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five (5) feet from the curb line
of the street or from any fire hydrants located in the right-of-way.
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height
measured from the ground or sidewalk level. Enclosures shall be designed in compliance with
ADA accessibility guidelines and shall provide safe pedestrian access to the public right-of-way
and designated parking spaces. Such enclosure may consist of screens, planters, fencing or
other similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating areas.
(5) Seats provided in outside seating areas shall be included in the required parking calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside
seating areas shall be white in color and shall not spill over to adjacent properties.
(7) The city commission shall determine and establish by resolution the charges, terms and
termination procedures for right-of-way leases.
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(8) The city commission may permit nonfood service uses under right-of-way lease agreements
provided such uses are permitted under the use-by-exception process and further provided
such uses are special event related and not continuous.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-115. - Reserved.
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 structure, including porches, decks and deck railings and the like, which exceed thirty (30)
inches in height, also including those which may not require a building permit, are subject to
applicable yard requirements unless otherwise provided for within this section. Any accessory
structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be
repaired or removed upon order of the city, and shall become subject to code enforcement action for
failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other
nonpermanent structures shall be limited to special occasion use only, and for a period of not more
than ninety-six (96) hours, i.e., four (4) days.
(b) Accessory uses and structures by zoning district.
(1) Within all residential zoning districts.
a. Antenna structures for television and radio, but not microwave relay or commercial
transmission structures, television and radio antennae of the customary size and design
shall not count as accessory structures for the purposes of determining the number of such
structures, provided that only one (1) such structure is permitted per residence.
b. Children's playhouse and/or juvenile play equipment provided such shall not be
permanently located within required front yards.
c. Guest house or guest quarters, provided that such are used only for intermittent and
temporary occupancy by a nonpaying guest or family member of the occupant of the
primary residence. A guest house or guest quarters shall not be rented for any period of
time and shall not contain a kitchen, but may contain a kitchenette as defined herein.
Further, a guest house or guest quarters shall not be used as, or converted to a dwelling
unit. A detached guest house or guest quarters shall not exceed the number of buildings
allowed on a lot as set forth within subsection 24-82(b).
d. Detached private garages, carports, guest houses or guest quarters, not to exceed six
hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance
with section 24-89 or the provisions of the following paragraph. Only one (1) detached
private garage, carport, guest house or guest quarters shall be allowed on any single
residential lot, and shall be a minimum distance of five (5) feet from rear and side lot lines.
Such detached structures exceeding six hundred (600) square feet of lot area shall comply
with applicable setbacks as established for the principal building.
e. Detached private garages, not to exceed six hundred (600) square feet of lot area may be
constructed to a height of twenty-five (25) feet provided that such structures shall comply
with applicable side yard requirements and shall be a minimum distance of ten (10) feet
from the rear lot line.
f. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and
twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot
lines.
Page 61
g. Private swimming pools in accordance with section 24-164.
h. Home office (but not home occupation).
i. Private ball courts and other similar private recreational uses.
j. Skateboard, 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.
k. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12)
feet in height. Only one (1) detached storage or tool shed shall be allowed on any single
residential lot, and such structures shall be a minimum distance of five (5) feet from the
rear and side lot lines.
l. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs
such as awnings and the like, located a minimum of five (5) feet from any side or rear lot
line. Such screened enclosures shall not be allowed in front yards.
m. Personal pets, limited to those animals customarily considered as pets, and kept only on
the same premises of the occupant(s) of the principal residential building.
n. Outdoor shower enclosures and open exterior stairs within rear or side yards, located a
minimum of three (3) feet from side lot lines.
(2) In any zoning district, except as to private swimming pools.
a. All accessory uses and structures shall comply with the use limitations applicable to the
zoning district in which they are located. Space within an accessory structure shall not be
leased or used for any use, activity or purpose other than those typically incidental to the
use of the principal building.
b. No accessory structure shall be used as a residence, temporarily or permanently, except in
accordance with section 24-89, and no accessory structure shall be used for any
commercial or business purpose unless approved as a home occupation in accordance
with the provisions of section 24-159 of this chapter.
c. Unless otherwise specified within this section, all accessory structures shall comply with
the land development regulations, including the minimum yard requirements applicable to
the zoning district in which they are located.
d. Unless otherwise specified within this section, accessory uses and structures shall not be
located within required front yards and shall not be closer than five (5) feet from any lot
line.
e. Accessory structures shall not be more than fifteen (15) feet in height, except in
accordance with section 24-89 or preceding subsection (b)(1)e.
f. No accessory building or structure shall be located closer 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 principal structure shall be considered attached, and shall comply in
all respects with the lot, yard and scale limitations applicable to the zoning district in which
they are located.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-12-214, § 1(Exh. A), 3-26-12)
Sec. 24-157. - Fences, walls and similar structures.
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(a) Permit required. Issuance of a permit is required for any new or replacement fence or wall, and all
new or replacement fences and walls shall comply with the following provisions. Nonconforming
fences shall not be replaced with nonconforming fences. The term fence and wall may be used
interchangeably within this chapter, and shall mean as specifically defined within section 24-17.
Fences must be constructed out of materials that are customarily used for fences.
(b) Height and location.
(1) Within required front yards, the maximum height of any fence shall be four (4) feet, except that
open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples, with
vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be
constructed to a maximum height of five (5) feet except in cases as described in following
subsection ii. Within required side or rear yards, the maximum height of any fence shall be six
(6) feet.
(2) The height of fences shall be measured from the established grade at the fence locatio n to the
horizontal top rail of the fence. The use of dirt, sand, rocks, timbers, or similar materials to
elevate the height of a fence on a mound or above the established grade is prohibited.
(3) The maximum height of retaining walls on any Lot is four (4) feet. A minimum of forty (40) feet
shall separate retaining walls designed to add cumulative height or increase site elevation.
Signed and sealed construction and engineering plans for retaining walls over thirty-six (36)
inches in height shall be required.
(4) For nonoceanfront lots with uneven topography along a side lot line, the minimum necessary
rake of the fence, which is the ability for a fence to adjust to a slope, shall be allowed for the
purpose of maintaining a consistent horizontal line along the side of the lot, provided that the
height closest to the front of the lot does not exceed six (6) feet.
(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 verified by the designated public
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safety official prior to issuance of the permit required to construct, place or replace any such feature.
Sight triangles as defined within section 24-17 shall remain free of visual obstruction.
(1) For corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or
landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line
which abuts a street.
(2) For corner lots located on rights-of-way that are wider than fifty (50) feet, fences may be
constructed within the side yard adjacent to the street at a maximum height of six (6) feet
provided that the fence is on the private property and shall not be located closer than fifteen
(15) feet from the edge of the street pavement or closer than five (5) feet to any sidewalk or bike
path.
(3) Similarly, hedges and landscaping on corner lots shall be maintained at a height that does not
interfere with clear vehicular, pedestrian or bicycle sight visibility or use of the public sidewalk or
bike path.
(d) Structures similar to fences. Vertical structures such as trellises, screens, partitions or walls, that are
intended primarily for the purpose of creating privacy for a back yard or an exterior deck, as opposed
to a fence which encloses or separates land, and constructed of any type of material shall be limited
to maximum length of twelve (12) feet and a height of eight (8) feet above the deck or the
established grade of the lot where such structure is placed, provided that no such structure on a
rooftop deck exceeds the maximum permitted height of building. Except for oceanfront lots, where
the ocean side is the designated front yard, any such structure shall not be located within the
required front yard of a lot and shall be subject to the applicable required side yard setback.
(e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of
neglect, damage or disrepair, shall be repaired, replaced or removed.
Unacceptable fences are identified as those containing any of the following characteristics that can be
easily observed from the street or by a neighboring property:
(1) Components of the fence are broken, bent, visibly rusted or corroded.
(2) Portions of the fence are no longer connected to support posts and rails.
(3) Any components are rotten, broken or missing.
(4) Weeds are overtaking the fence.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 zoning districts, dumpsters, trash receptacles, above-ground tanks and similar
structures and containers shall be screened from view by fencing or landscaping, or shall be located
so that these are not visible from adjacent properties or streets. Above-ground tanks used to store
hazardous, chemical or explosive materials may remain unscreened upon determination by the
director of public safety that a threat to security and public safety may result from screening such
tank(s) from view.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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Sec. 24-161. - Off-street parking and loading.
(a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be provided at
the time of the construction or expansion of any building for the uses listed in this section. Parking
areas shall be arranged for convenient access and the safety of pedestrians and vehicles; shall
provide barriers when located at the perimeter of a lot to prevent encroachment on to adjacent
properties; and when lighted, lights shall be directed away from adjacent properties. Parking areas
and driveways shall not obstruct stormwater facilities, drainage swales or clear vehicular sight
distance. Excess surface parking is discouraged, and in no case shall the number of extra surface
parking spaces exceed ten (10) spaces or ten (10) percent, whichever is greater. Parking
calculations demonstrating provision of required parking shall be provided with all building permit
applications submitted for review. Required parking shall be maintained for the duration of the use it
serves.
(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) 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 or on grassed or
landscaped portions of public rights-of-way adjacent to the lot.
(4) There shall be no sales, service or business activity of any kind within any parking area.
(5) Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-
doors within any residential zoning district, except for minor maintenance or emergency repair
lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the
residential property.
(6) Applications to vary from the requirements of this section shall follow the procedures set forth in
subsections 24-64(a) and (b). The community development board may approve such
application only upon finding that the intent of this section as set forth in preceding subsection
(a) is met.
(c) Plans required. A composite site plan depicting the arrangement and dimensions of required parking
and loading spaces, access aisles and driveways in relationship to the buildings or uses to be served
shall be included on all plans submitted for review.
(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 (½) 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.
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(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 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. A shared parking agreement shall
be required where offsite parking is used to meet parking requirements. In such cases, the uses
sharing parking must demonstrate different peak-hour parking needs.
(3) Off-street parking for all uses other than single and two-family residential shall be designed and
constructed such that vehicles are not required to back into public rights-of-way. Parking spaces
shall not extend across rights-of-way including any public or private sidewalk or other pedestrian
thoroughfare.
(4) Off-street parking spaces for any use shall not be located where, in the determination of the
director of public safety, an obstruction to safe and clear vehicular sight distance would be
created when vehicles are parked in such spaces.
(g) Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that
smaller dimensions may be provided for single-family residential lots, provided that adequate
onsite parking is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the accessibility guidelines for buildings and
facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and
the minimum width for a two-way drive aisle shall be twenty-two (22) feet.
(4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a
row identification system to assist patrons with the location of vehicles, and internal circulation
shall be designed to minimize potential for conflicts between vehicles and pedestrians.
(h) 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.
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or
seating places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for each
four hundred (400) square feet of gross floor area.
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for
each two hundred (200) square feet of gross floor area, whichever is greater.
(6) Residential uses: Two (2) spaces per dwelling unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half (1½) spaces for each hospital
bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory
uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20)
sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor
area.
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(10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on
the largest working shift, plus one (1) space for each company vehicle operating from the
premises.
(11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross
floor area.
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1)
space for each three (3) employees.
(13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees.
(14) Professional office uses: One (1) space for each four hundred (400) square feet of gross floor
area.
(15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where
service occurs shall be included.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational uses.
a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen.
b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff
member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300) square
feet of gross floor area.
(19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-off and
pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor
area.
(21) Assisted living, senior care and similar housing for the elderly where residents do not routinely
drive or maintain vehicles on the property: One (1) space for each four (4) occupant
accommodations.
(i) 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.
(j) 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.
(k) 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, and such facilities shall be located as close to the
building entrance as possible, 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) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or
components shall be provided. Bicycle parking shall be located in areas of high visibility that are
well-lighted.
(l) Parking areas and tree protection. Where protected trees exist within a proposed parking area, and
where more than ten (10) spaces are required, the city manager may reduce the number of required
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spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan
shall be provided to and approved by the city manager.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-165. - Service stations.
The following provisions shall apply to the location, design, construction, operation and maintenance
of service stations:
(a) Lot dimensions. A lot containing a service station shall be of adequate width and depth to meet
all setback requirements, but in no case shall a corner lot have less than two (2) street
frontages of at least one hundred fifty (150) feet each and an area of at least twenty-two
thousand five hundred (22,500) square feet, and an interior lot shall have a street frontage of at
least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet.
(b) Access to site. Vehicular entrances or exits for service stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of
street frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street of not more than forty (40) feet as
measured parallel to the street at its narrowest point, and not be located closer than one
hundred (100) feet from a street intersection along any arterial or collector street and/or
closer than fifty (50) feet from a street intersection on a local street or closer than ten (10)
feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the
right-of-way line and the curb or edge of the pavement along a single street.
(c) Location of pumps and structures. No principal or accessory building, no sign of any type, and
no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is
residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-
of-way line.
(d) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no
source of light shall be directly visible from any residential zoning district; this provision shall not
be construed to prohibit interior lighted signs.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
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 wood fence, shrubbery or landscaping as approved by the
designated administrative official, along required rear and required side yards. Such buffer shall
be a minimum of five (5) feet in height, except that within required front yards, such buffer shall
be four (4) feet in height. Required buffers shall be constructed and maintained along the entire
length of the adjoining lot line.
(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 or the property line, and height of the wall or fence shall be measured from the finished
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grade of the nonresidential property, whether filled or not. However, in no case shall a wall
exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as
required by this section may be constructed to a maximum height of eight (8) feet, subject to
approval of the designated administrative official upon demonstration that such height is
required to provide adequate buffering between uses.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-168. - Land clearing, tree removal or damage to existing trees and vegetation.
The removal or damage of a trees and vegetation shall be governed by chapter 23, article II. No
lands shall be cleared or grubbed, and no vegetation on any development site disturbed, prior to issuance
of all required approvals and development permits authorizing such clearing. Prior to the commencement
of any clearing operations, erosion and sediment control best management practices shall be installed
and inspected by a public works erosion and sediment control inspector.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-171. - Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those lands within all
commercial zoning districts that are located along arterial street corridors within the City of Atlantic
Beach. The intent of these additional requirements is to: Enhance the aesthetic and physical
appearance of these gateways into the city; enhance and retain property values; promote
appropriate redevelopment of blighted areas; and to create an environment that is visually appealing
and safe for pedestrians, bicycles and vehicular traffic.
(b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial corridors shall be
defined as the lands extending a depth of one hundred (100) feet from the outer edges of the rights -
of-way along Mayport Road and Atlantic Boulevard, in those zoning districts designated as
commercial general (CG), commercial limited (CL) and commercial, professional office (CPO).
(c) Building form and finish materials. The following general provisions shall apply to all development in
the commercial corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are
prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid the
appearance of a flat roof from the adjoining street.
(2) Open bay doors and other similar large doors providing access to work areas and storage areas
shall not open towards or face the commercial corridors.
(3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the front
and any street side, or any side visible from adjoining residential properties, of existing buildings
shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems
(EIFS), architectural or split-faced type block, or other finish materials with similar appearance
and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and
exposed plain concrete block shall not be permitted as exterior finish materials on the front and
any street side of a building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows
and architectural detail, shall not be permitted.
(5) Burglar bars, steel gates, metal awnings and steel-roll down curtains are prohibited on the
exterior and interior of a structure when visible from any public street. Existing structures which
already have burglar bars, etc., shall be brought into compliance with these provisions within a
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reasonable time after any change of ownership of the property, which shall not be more than
ninety (90) days.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally
illuminated monument signs are encouraged.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct
lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent
properties or the sky.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be
prohibited in any required front yard and in any required yard adjoining a street.
(g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except
that the following additional requirements shall also apply to new development and to redevelopment
that is subject to the requirements of division 8. Required buffers and landscape materials shall be
depicted on all plans submitted for review.
(1) A ten-foot wide buffer shall be required along the entire parcel frontage of the commercial
corridors, except for driveways. This buffer shall consist of trees as required by division 8 and
shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in
height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a
healthy condition.
(2) Along the front of the principal building, a six-foot wide area shall be maintained between the
building and the parking area or any walkway. This area shall be use for landscaping.
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic
mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape materials
that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape
materials, including sod and ground covers shall be replaced within thirty (30) days of written
notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers, provided that
required landscape materials are provided.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
DIVISION 8. - LANDSCAPING
Sec. 24-176. - Definitions.
For the purposes of this division, the following terms shall have the meanings as set forth within this
section. Where applicable and appropriate to the context, definitions as set forth within chapter 23 of this
Code, vegetation, shall be used in conjunction with these terms and the requirements of this chapter.
Buffer shall mean the required treatment of areas between different classifications of uses or
incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences.
Ground cover means a low-growing herbaceous or woody plant other than turf, not over two (2) feet
high, intended to cover the ground.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and distribute
water to plants and includes required back flow prevention devices.
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Landscaping means any combination of living plants, native or installed, including grass, ground
covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape elements such as
rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such
landscape element has a solid roof.
Mulch means organic materials customarily used in landscape design to retard erosion and retain
moisture.
Perimeter landscape means a continuous area of land which is required to be installed along the
perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse
environmental, aesthetic, and other negative impacts between uses.
Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches
continuous from the base naturally growing to a mature height between two (2) and twelve (12) feet.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee
parking, service drives, loading zones and access drives within property located in commercial and
industrial zoning districts.
Xeriscape means water conserving landscape design utilizing native or drought tolerant vegetation
and water efficient irrigation systems.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-177. - Applicability; requirements; buffer design standards; maintenance; protection and
visibility.
(a) Applicability. The provisions of this section shall apply to all new nonresidential development and
multi-family development, including property in government use. The provisions of this section shall
also apply when the total cost of alteration, expansion or renovation of existing such development is
equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel
improvements, or when the total square footage of a structure is expanded by more than twenty-five
(25) percent as well as when any cumulative expansions total more than twenty-five (25) percent.
Construction costs shall be determined in accordance with the building evaluation data sheet as
established by the Standard Building Code Council International.
(b) Landscape plan required.
(1) Prior to the issuance of any development permit for nonresidential development and multi-family
development, a landscape plan shall be approved by the community development director. For
development sites greater than two (2) acres in size, a landscape plan shall be submitted with
preliminary site plans as required by subsection 24-167(c). The landscape plan shall be
prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or
shall be otherwise prepared by persons authorized to prepare landscape plans or drawings
pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture).
(2) The required landscape plan shall be drawn to scale, including dimensions and distances, and
shall:
a. Delineate the vehicular use areas, access aisles, driveways, and similar features;
b. Indicate the location of sprinklers or water outlets and back flow prevention devices;
c. Designate by name and location the plant material to be installed or preserved in
accordance with the requirements of this part. The use of xeriscape landscape materials
and methods is strongly encouraged;
d. Identify and describe the location and characteristics of all other landscape materials to be
used;
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e. Show all landscape features, including areas of vegetation required to be preserved by
law, in context with the location and outline of existing and proposed buildings and other
improvements upon the site, if any;
f. Include a tabulation clearly displaying the relevant statistical information necessary for the
director to evaluate compliance with the provisions of this part. This includes gross
acreage, square footage of preservation areas, number of trees to be planted or preserved,
square footage of paved areas, and such other information as the director may require;
and
g. 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.
(c) Vehicular use area interior landscaping requirements.
(1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs) used for
off-street parking, employee parking, auto service stations, service drives, and access drives
within property located within commercial and industrial zoning districts shall be landscaped.
(2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for storage
areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight
terminals; and other transportation, warehousing and truck operations not generally open to the
public shall be landscaped.
(3) Criteria for distribution. Landscape areas shall be distributed throughout the 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.
(4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of
not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a
double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal
island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other
appropriate permanent material. 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.
(5) If it can be shown to the satisfaction of the community development director that the strict
application of this section will seriously limit the use of the property, the community development
director may approve the location of the required interior landscape area near the perimeter of
the VUA or adjacent to the building on the property, so long as the landscape area is within
twenty (20) feet of the perimeter of the VUA.
(d) Perimeter landscaping requirements.
(1) Street frontage landscaping. All 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. A landscape area of not less than ten (10) square feet for each linear foot of VUA street
frontage, fifty (50) percent of which shall be at least a five-foot-wide strip abutting the street
right-of-way except for driveways. The remaining required landscape area shall be located
within twenty-five (25) feet of the street right-of-way.
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b. A durable opaque landscape screen along at least seventy-five (75) percent of the street
frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing
under-story vegetation, or combination thereof, may be used so long as the screen is no
less than three (3) feet high measured from the property line grade. Walls or fences shall
be no more than four (4) feet in height and of wood or masonry at least eighty-five (85)
percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less
than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped
with shrubs or vines.
c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for
each fifty (50) linear feet, or fraction thereof, of VUA street frontage. The trees may be
clustered, but shall be no more than seventy-five (75) feet apart. If an overhead power line
abuts the street frontage, then the required trees reaching a mature height greater than
twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line.
d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground
covers, grass, or mulch.
e. Landscape areas required by this section shall not be used to satisfy the interior landscape
requirements; however, the gross area of the perimeter landscaping which exceeds the
minimum requirements may be used to satisfy the interior landscape requirements.
f. If a utility right-of-way separates the VUA from the public street or approved private street,
the perimeter landscaping requirements of this section shall still apply.
(2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely
screened by an intervening building from an abutting property, to the extent such areas are not
screened, shall contain the following:
a. A continuous landscape area at least five (5) feet wide between the VUAs and the abutting
property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and
grass.
b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the
VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the
adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet
apart.
c. A buffer wall between incompatible land uses as required by subsection (g), if applicable.
d. If an alley separates the VUA from the abutting property, the perimeter landscaping
requirements shall still apply.
(3) Existing landscape screen. If an existing landscape screen has been established on abutting
property, then it may be used to satisfy the requirements of this section, so long as the existing
landscape screen is abutting the common lot line, and it meets all applicable standards of this
section.
(4) Driveways to streets. The maximum width of any driveway not containing a landscaped island
through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any
driveway containing a landscaped island through the perimeter landscape area shall be forty-
eight (48) feet and the driveway shall contain a landscaped island which measures not less than
eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous
raised curb, or other alternative approved by the director. In no event shall more than fifty (50)
percent of any street frontage be paved, nor shall the provisions of this section be applied to
reduce the permitted driveway width to less than twenty-four (24) feet.
(5) Driveways to adjoining lots. Driveways may be permitted by the community development
director to adjoining lots of compatible use.
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(6) If a joint driveway easement is provided between adjacent property, then the required perimeter
landscaping for each property shall be provided between the drive and any other vehicular use
areas.
(7) If it can be shown to the satisfaction of the community development director that the strict
application of this section will seriously limit the use of the property, the community development
director may approve the location of the required interior landscape area.
(e) Buffers required between incompatible or different use classifications.
(1) Where incompatible or different Use classifications are adjacent, without an 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 dwelling use or zoning districts, three (3) or more attached units when
adjacent to single-family dwelling(s) or lands zoned for single-family dwelling.
b. Office use or zoning districts, when adjacent to single-family or multiple-family dwellings,
mobile home parks or subdivisions or lands zoned for single-family or multiple-family
dwellings, mobile home parks or subdivisions.
c. Mobile home park use or zoning districts, when adjacent to single-family dwellings,
multiple-family dwellings and office uses, or lands zoned for single-family dwellings,
multiple-family dwellings or offices.
d. Commercial and institutional uses or zoning districts, when adjacent to single-family
dwellings, multi-family dwellings or mobile home parks or mobile home subdivision uses or
lands zoned for single-family dwellings, multi-family dwellings or mobile home parks or
mobile home subdivisions.
e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning
districts other than agricultural land uses or zoning districts.
(2) Required buffers shall at a minimum contain the following landscape materials:
a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each
twenty-five (25) linear feet of required buffer strip, or majority portion thereof.
b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip.
c. Visual screen. A visual screen running the entire length of common boiundaries shall be
installed within the buffer strip, except at permitted access ways. The visual screen may be
a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds
shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all
applicable standards exists on adjacent property abutting the property line or exists
between the proposed development on the site and the common property line, then it may
be used to satisfy the visual screen requirements.
d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping
requirements and buffer strip requirements of the article, the latter requirements shall
prevail.
e. Hardship. If the community development director determines that the construction of a
landscape buffer area required by this section shall create an unreasonable hardship, the
director may approve a buffer area with a width no less than five (5) feet, provided such
buffer area meets the visual screening requirements of this section.
(3) The required buffer strip shall not be used for principal or accessory uses and structures,
vehicular use areas, dumpster pads, signs, equipment, or storage.
(f) Landscape design standards.
(1) Minimum tree requirements shall comply with subsection 23-17(c).
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(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of
this section.
(4) Standards for landscape materials.
a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a.
b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy of
fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall
height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-
of-way line, as measured from center of trunk. Shade trees shall not be planted closer than
four (4) feet from any pavement edge or right-of-way line, as measured from center of
trunk.
c. Palms may be substituted for the required trees at the ratio of two (2) palms for each
required tree or four (4) palms for each required shade tree. Palms shall be a minimum
clear trunk height of eight (8) feet, measured from the ground level to the base of the palm.
d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque
screen shall be no less than a three-gallon container [of] grown material or equivalent
balled and burlap material.
e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod
shall be used on grass areas within street rights-of-way disturbed by construction, in
swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion.
When permanent seed is sown during its dormant season, an annual winter grass shall
also be sown for immediate effect and protection until permanent coverage is achieved.
f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and
pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting
areas and bare preserved natural areas.
g. General cleanup. At the completion of work, construction trash and debris shall be
removed and disturbed areas shall be fine-graded and landscaped with shrubs, ground
cover, grass or two (2) inches of mulch.
(g) Maintenance and protection of landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped
areas, which shall be maintained in good condition so as to present a healthy, neat and orderly
appearance, free of refuse, debris and weeds. Failure to maintain required landscape areas or
to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or
fails to meet the standards of this section, shall be deemed a violation of these land
development regulations and subject to code enforcement procedures.
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation
systems shall include moisture or rain sensors.
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees
may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded
limbs, diseased and insect-infested limbs, and branches which rub other branches.
(h) Intersection visibility. Where an access way intersects with another access way within a vehicular
use area, or where an access way is located within a vehicular use area, or where an access way
intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter
shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent
pavement.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)