5 Composite - COAB Land Development Code Chapter 24CITY OF ATLANTIC BEACH LAND DEVELOPMENT CODE
CHAPTER 24, CODE OF ORDINANCES
Sec. 24-17. - Definitions.
4/s
For purposes of this chapter, the following terms shall have the meanings as set forth within this
section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building
Code, within Florida Statutes, or as established by state or federal agencies of government as these may
be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms
used in this chapter but not defined within this section shall have their common meaning.
Note: The definitions set forth within this section establish the meaning of terms used throughout and,
unless expressly defined otherwise in this Code of Ordinances in other chapters of the city's Code of
Ordinances, and are also instructive as to how these land development regulations are implemented as
related to the use and limitations of lands within the city.
Abandon shall mean to discontinue a use for more than a specified period of time.
Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject
property, or that is located immediately across any road or public right-of-way from the subject property.
Access, point of, shall mean a paved driveway or other opening intended to provide vehicle or
pedestrian access to or from a public or private right-of-way or from public or private premises including off-
street parking areas.
Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right-of-
way. An access point may include multiple ingress and egress lanes and a divider median provided that all
features utilize the same apron.
Accessory use, building or structure shall mean a use, building, or structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use, building or structure. Accessory
structures include, but are not limited to the following: sheds, unattached garages swimming pools, docks,
gazebos, satellite dishes, screen enclosures, rooftop solar panels and garage apartments.
Acre, gross, means forty-three thousand five hundred sixty (43,560) square feet.
Addition shall mean an extension or increase in floor area or height of a building or structure.
Adjacent shall mean next to or adjoining something else.
Adjoining in the context of land shall mean a lot or parcel of land, when the lot or parcel share all or
part of a common lot line. Adjoining in the context of structures shall mean two (2) or more structures sharing
all or part of a common wall.
Administrative variance shall mean a minor variance that may be granted by the planning and
community development director in accordance with section 24 64.
Administrator shall mean the City of Atlantic Beach city manager, or an administrative official of the
City of Atlantic Beach government designated by the city manager.
Adult care facility shall mean a facility licensed and operated in accordance with state and other
standards as may be applicable, providing general supervisory care for five (5) or more adults.
Adversely affected person, as used within this chapter, shall mean a person who is suffering or will
suffer an adverse effect to an interest protected or furthered by these land development regulations or the
City of Atlantic Beach comprehensive plan. The alleged adverse effect may be shared in common with
other members of the community but must exceed in degree the general interest in community good shared
by all persons in the community.
1
Alley shall mean a right-of-way providing a secondary means of access and service to abutting
property.
Alteration shall mean any change in the arrangement of a building; any work affecting the structural
parts of a building; or any change in electrical, plumbing, heating or air conditioning systems.
Animal hospital. See "Veterinary clinic."
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, a
waiver, a plat, an administrative variance, or any development permit.
Application of fertilizer means the actual physical deposit of fertilizer to turf or landscape plants,
whether solid or liquid product is used.
Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Atlantic
Beach.
Appraised value shall mean the value to an improvement or property as determined by a certified
appraiser. To determine the appraised value the certified appraisal shall have been performed within the
previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or landscape
elements, and which does not contain any type of solid roof.
Assessed value shall mean the value of an improvement or property as determined by the Duval
County Property Appraiser in the manner provided by Florida law.
Automatic irrigation system shall mean an artificial watering system with a programmable controller or
timing mechanism designed to automatically transport and deliver water to plants.
Automotive service, minor shall mean any facility that performs the limited, minor or routine servicing
of motor vehicles or parts, but shall not include major automotive repair, and which contains no more than
two (2) work bays.
Automotive repair major shall mean any facility that performs any type of automotive service or repair
with more than two (2) work bays, or any facility that performs the rebuilding or reconditioning of motor
vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of
the number of work bays.
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, Al—A30, AR, AR/A, AR/AE, AR/A1—A30, AR/AO V1—V30, and VE that indicates the
water surface elevation resulting from 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 includes tier or group and shall mean a group of Tots existing with well-defined and fixed
boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned
number, letter, or other name through which it may be identified.
Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof,
other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three
(3) or more unrelated persons and where no cooking equipment or dining facilities are provided in individual
rooms.
2
Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or
instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved
by the city commission wherever a bond is required by this chapter.
(1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required
improvements are installed prior to recording the plat, surety may be required to be posted in the
amount of one hundred (100) percent of the original engineer's estimate of the cost of
improvements. The condition of this obligation is such that the city will be protected against any
defects resulting from faulty materials or workmanship of the aforesaid improvements for a period
of one (1) year from the date of any project's certificate of occupancy or completion.
(2) Performance bond: When required improvements are installed after recording the plat surety
may be required to be posted in the amount of one hundred twenty-five (125) percent of the
engineer's estimate of costs.
Buffer shall mean the required treatment of areas between different classifications of uses or
incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences.
Buffering. See "Screening."
Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with
the provisions of this chapter and any other restrictions of city Code, applicable state or federal regulations
or a recorded subdivision plat. Unless otherwise provided for within any such restriction buildable area
shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands
seaward of the coastal construction control line.
Building shall mean a structure designed or built for support, enclosure, shelter or protection of
persons, animals or property of any kind. Building shall include any structure constructed or used for a
residence, business, industry or other private or public purpose, including buildings that are accessory to
such uses, provided such buildings are in compliance with the Florida Building Code. "Building" or
"structure" includes parts thereof and these terms may be used interchangeably
Building permit shall mean any permit, which authorizes the commencement of construction or
development in accordance with the construction plans or site plans approved by the city under the
provisions of this chapter and other applicable federal state and local regulations.
Building, principal shall mean a building within which is conducted the principal use of the lot or
property upon which the building is situated.
Building setback shall mean the minimum required horizontal distance, where structures over thirty
(30) inches are prohibited unless otherwise specified in this chapter, between the front, rear or side property
lines of any lot and the nearest exterior front, rear or side wall of any building. When two (2) or more lots
under single or unified ownership are developed as a single development parcel the exterior lot lines of the
combined parcel(s) shall be used to determine required building setbacks. Building setback and building
restriction line may have the same meaning and may be used interchangeably where such lines are
recorded on a final subdivision plat.
Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of a
lot or the property, as depicted on a platted lot of record. Buildings shall be contained within building
restriction lines. Building restriction lines which may require a greater building setback than the minimum
yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision
plat approved and accepted by the city shall be enforceable by the city
Capital improvement shall mean physical assets constructed or purchased to provide, improve, or
replace a public facility or public infrastructure. The cost of a capital improvement is generally nonrecurring
and may require multiyear budgeting and financing. For these land development regulations, physical
assets which have been identified as existing or projected needs in the capital improvement element in the
city's comprehensive plan shall be considered capital improvements.
Car wash shall mean a facility used principally for the cleaning, washing, polishing or waxing of motor
vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of
automotive fuels. Any parcel containing a car wash shall be located a minimum of one hundred (100) feet
3
from the lot line (measured from the parcel line to the nearest parcel line) of any parcel that is residentially
zoned and shall be treated as a vehicle use area requiring landscaping in accordance with article III, division
8 of this chapter.
Cemetery shall mean land used or intended to be used for the burial of animal or human remains and
dedicated for cemetery purposes and may include mausoleums and mortuaries if operated in connection
with and within the boundaries of such cemetery.
Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of
Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have
been completed in conformance with the requirements of this chapter, any final subdivision plat, and the
approved construction plans and the Florida Building Code
Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement
regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor
u nder 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 Tess than twenty-four
(24) hours per day, on a regular basis which supplements parental care, enrichment, and health
supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is
made for such care.
Child care facility shall include child care centers, day nurseries, kindergartens, and any child care
arrangement other than a family day care home, which provides child care for more than five (5) children
u nrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care,
wherever operated, and whether or not operated for profit. Childcare facilities shall be licensed and
o perated in accordance with all applicable requirements of the Florida Department of Children and Families
and section 24-152 of this chapter. This definition shall not include family day care home.
Church shall mean a building used for nonprofit purposes by a recognized or established religion as
its place of worship.
City shall mean the City of Atlantic Beach.
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 and typically requires a membership.
Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department
of Environmental Protection (FDEP) and regulated under authority of the Beach and Shore Preservation
Act, Chapter 161, Florida Statutes which is administered by the FDEP
Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida.
Code enforcement officer, official or inspector means any designated employee or agent of the City of
Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach
Commercial corridor means the lands extending a depth of one hundred (100) feet outward from the
o uter boundaries of the rights-of-way along Mayport Road and Atlantic Boulevard including any parcels
which are partially within said one hundred (100) feet.
4
Commercial fertilizer applicator, except as provided in F.S § 482 1562(9), means any person who
applies fertilizer for payment or other consideration to property not owned by the person or firm applying
the fertilizer or the employer of the applicator.
Communication tower means a tower which supports communication equipment (such as radio, tv or
telecommunications for either transmission or receiving). The term "communication tower" shall not include
amateur radio operators' equipment, including citizen's band (CB), VHF and UHF aircraft/marine, and other
similar operators. Design examples of communication towers are described as follows: (i) self-supporting
lattice; (ii) guyed; and (Hi) monopole.
Community center shall mean a facility available for public use, which may be used for recreation
activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities.
Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity
to each other in a stable fashion over time such that no use or condition is unduly negatively impacted
directly or indirectly by another use or condition.
Comprehensive plan shall mean the local government comprehensive plan, which is adopted by the
city commission pursuant to the Community Planning Act pursuant to Chapter 163, Florida Statutes, and
which serves as the legal guideline for the future development of the city. Pursuant to F.S § 163.3194(1)(b),
in the case of any inconsistency between the provisions of this chapter and the comprehensive plan, the
comprehensive plan shall prevail.
Construction plans shall mean the construction and engineering drawings, specifications, tests and
data necessary to show plans for construction of the proposed improvements to land and shall be in
sufficient detail to permit evaluation of the proposals and to determine compliance with the Florida Building
Code and city's Code of Ordinances.
Convenience store shall mean an establishment of no less than two thousand (2,000) square feet and
n o more than five thousand (5,000) square feet of conditioned space used for the retail sale of consumable
goods and may include sit-down restaurant areas.
Corner lot. See "Lot, corner."
Covenants shall mean various forms of agreements and deed restrictions recorded in the public
records that restrict the use of property.
Cul-de-sac shall mean a street terminated at the end in a vehicular turnaround.
Density shall mean an objective measurement of the number of people or residential units allowed per
u nit of land, such as residents or employees per acre Density shall include number of residential dwelling
u nits permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches,
lakes, rivers, jurisdictional wetlands and lands seaward of the coastal construction control line.
Developer shall mean any person, including a governmental agency, undertaking any development as
defined in this section.
Development and redevelopment shall mean the following, generally in accordance with F.S. § 380.04:
(a) Development means the carrying out of any building or mining operation or the making of any
material change in the use or appearance of any structure or land and the dividing of land into
three (3) or more parcels.
(b) The following activities or uses shall be taken for the purposes of this chapter to involve
development, as defined in this section:
(1) A reconstruction, alteration of the size or material change in the external appearance of a
structure on land.
(2) A change in the intensity of use of land, such as an increase in the number of dwelling units
in a structure or on land or a material increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
5
(J1
9P1V/IfrktiA/
e)
i1/41)
(3)
Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any
coastal construction, as defined in F.S. § 161.021.
(4) Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel
of land.
(5) Demolition of a structure.
(6) Clearing of land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid won sarcel of land.
(c) The following operations or uses stall not be taken •r 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. This provision conveys no property interest and does not eliminate any
applicable notice requirements to affected land owners.
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.
(3)
(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 order shall mean any order granting, denying, or granting with conditions an application
for a development permit.
Development parcel, or development site (see also definition for single development parcel) shall
mean the contiguous or adjacent lands, Tots or parcels for which a unified development project is proposed.
In the case where more than one (1) parcel, platted lot or lot of record has been combined and developed
as a single development parcel, such lots shall not later be developed as single lots (see section 24-84),
unless all requirements for development as single Tots shall be met including, but not limited to, lot area, lot
width, impervious surface area limitations, and provision of all required yards for all structures. The
construction of a fence does not constitute the creation of single lots.
Development permit shall include any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of the city having the effect of permitting
the development of land.
District shall mean zoning district classifications as established by the official zoning map and as set
forth within division 5 of this chapter.
Division shall mean the division of hotels and restaurants of the State of Florida Department of
Business and Professional Regulation.
Drainage, where appropriate, shall include, but not be limited to, swales, ditches, storm sewers,
seepage basins, culverts, side drains, retention or detention basins, cross drains and canals.
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
6