330-332 3rd Street (Pension Management) 01.25.2006Real Estate Number: 169780 0000
Provided that the existing duplex is a lawfully constructed and properly permitted duplex (and Property Appraiser's records would indicate that it is), a new duplex may be reconstructed
on this lot per the following. Per underlined provision, it could be made larger so long as the new duplex meets all setbacks, Impervious Surface limit, parking requirements, etc.
Sec. 24-86. Special Treatment of Lawfully Existing Residential Uses Affected by Future Amendments to the official Zoning Map or Amendments to the Land Development Regulations
(a) Changes to the official Zoning Map. In the case where a change in Zoning District classification is made to the official Zoning Map, any lawfully existing Two-family (Duplex)
Dwelling or Townhouse, and any related Accessory Use, which has been constructed pursuant to properly issued Building Permits, shall be deemed a Vested Development, and any Two-family
(Duplex) Dwelling or Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot containing the Vested Development. Furthermore, an existing
Two-family (Duplex) Dwelling or Townhouse and any related Accessory Use shall, for that particular Use and Structure(s), not be considered as a Nonconforming Use or Structure such that
it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including
minimum Yard Requirements.
(b) Amendments to the Land Development Regulations. Any lawfully existing Two-family (Duplex) Dwelling or Townhouse, and any related Accessory Use, which has been constructed pursuant
to properly issued Building Permits prior to the initial effective date of these Land Development Regulations, shall be deemed a Vested Development, and any Two-family (Duplex) Dwelling
or Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot containing the Vested Development. Furthermore, an existing Two-family (Duplex)
Dwelling or Townhouse, and related Accessory Use shall, for that particular Use and Structure(s), not be considered as a Nonconforming Use or Structure such that it may be fully replaceable
in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements.
Sec. 24-87. Design and Construction Standards for Two-family (Duplex) Dwellings and Townhouse Units
(a) Development of Two-family (Duplex) Dwellings and Townhouse Units, occurring after the initial effective date of these Land Development Regulations, shall be allowed only where
Lot Area is in compliance with the Density limitations as set forth within the Comprehensive Plan, unless otherwise determined to be a Vested Development in accordance with the terms
of this Chapter. Within areas designated by the Comprehensive Plan for High Density residential Development, a minimum Lot Area of 2175 square feet shall be required for each Dwelling
Unit. For areas designated as Medium Density, a minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and within areas designated by the Comprehensive Plan
as Low Density, a minimum Lot Area of 7250 square feet for each Dwelling Unit shall be required.
(b) Two-family and Townhouse Dwelling Units shall be separated by a firewall which shall meet the Florida Building Code firewall separation requirements for Multi-family construction.
(c) Dwelling Units separated by an open and uncovered breezeway, elevated open walkway, or similar type connection, shall not be considered as Two-family Dwellings or Townhouses,
and shall be required to meet regulations applicable to Single-family Dwellings. Dwelling Units attached by any type of solid, continuous or connected roof, however, shall be considered
as a Two-family Dwelling or a Townhouse and shall be permitted only within those Zoning Districts where Two-family Dwellings and Townhouses are permitted and in accordance with applicable
Density limitations.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same architectural style, colors and materials.
(e) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same time or in a continuous sequence unless an existing Structure is being renovated
within the same Building footprint.
Sonya Doerr, AICP
Community Development Director
800 Seminole Road
City of Atlantic Beach, Florida 32233
904 247-5826 Phone
904 247-5845 Fax
PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure.
-----Original Message-----
From: Jon Detlefs [mailto:Jon@PensionManagement.net <mailto:Jon@PensionManagement.net> ]
Sent: Tuesday, January 24, 2006 1:35 PM
To: Doerr, Sonya
Subject: Emailing: jaxMapsP_GISMAP13168407683225.bmp
I would like to build a bigger duplex on 320 and 322 3rd street. Any problems there?
Jon Detlefs
Detlefs Real Estate Services Inc.
316 Fourth Street
Atlantic Beach, FL 32233
904-422-4009
Jon@PensionManagement.net