Ordinance No. 90-82-74 v ORDINANCE NO. 90-82-74
AN ORDINANCE AMENDING CHAPTER 28 OF THE
ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
THE SAME BEING THE ZONING ORDINANCE; PROVID-
ING AN EFFECTIVE DATE THEREOF.
WHEREAS, the City of Atlantic Beach, Florida, did adopt a Compre-
hensive Plan on June 26, 1981, pursuant to Section 163. 3161 - 163.3211
of the Florida Statutes, cited as the "Local Government Comprehensive
Planning Act of 1975"; and
WHEREAS, the Advisory Planning Board of the City of Atlantic Beach
did submit to the City Commission on March 3, 1982, a report referred to
as the "Tentative Report of the Zoning Ordinance" after numerous public
meetings required to prepare the report; and
WHEREAS, the City Commission did, on March 3, 1982, discuss the
"Tentative Report of the Zoning Ordinance" and make certain recommendations
to the Advisory Planning Board; and
WHEREAS, the Advisory Planning Board considered the recommendations
and held a public hearing on the "Tentative Report of the Zoning Ordinance"'
and
WHEREAS, pursuant to the public hearing, the "Tentative Report of
the Zoning Ordinance" was discussed and amended, and
WHEREAS, the Advisory Planning Board completed the final report on
May 25, 1982, and unanimously agreed to present the final report as a recom-
mendation for a proposed zoning ordinance; and
WHEREAS, the City of Atlantic Beach is a Home Rule municipality pur-
suant to the Constitution of the State of Florida and the "Municipal Home
Rule Powers Act",
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 28 of the Ordinance Code of the City of
Atlantic Beach, entitled "Zoning", be deleted in its entirety.
Section 2. That the Land Development Code, attached hereto as
Exhibit "A", be adopted in its entirety.
Section 3. This ordinance shall become effective upon its final
passage.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading June 14, 1982 .
Passed by the City Commission on Second Reading June 28, 1982 .
Passed by the City Commission on Third and Final Reading July 26, 1982 .
ATTEST:
(SEAL) g0.-kW0 -(--- ----
,
Pat Whitney, City Clerk
7 a6 (2
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EXHIBIT A
ORDINANCE #90-82-74
PROPOSED
LAND DEVELOPMENT CODE
FOR
THE CITY OF ATLANTIC BEACH, FLORIDA
JUNE 1982
TABLE OF CONTENTS
SECTION TITLE PAGE
I. Legal Status 1-1
A. Title 1-1
B. Authority 1-1
C. Purpose and Intent 1-1
D. Jurisdiction 1-1
E. Enactment 1-1
F. Validity 1-2
G. Amendments 1-2
II. Language and Definitions 2-1
A. Construction of Language 2-1
B. Definitions 2-1
III. Zoning Regulations 3-1
A. Scope 3-1
B. Administration 3-1
1. The City Commission 3-1
2. The Administrative Official 3-1
3. The Planning Agency 3-3
4. Board of Adjustment 3-3
C. Application Procedures 3-7
1. General 3-7
2. Procedure for Changing Zoning Classification 3-7
3. Procedure for Request for Use by Exception 3-9
4. Variance Request Procedure 3-11
5. Building Permit Procedure 3-13
6. Construction Within the Districts 3-14
D. Enforcement 3-15
E. General Provisions and Exceptions 3-15
1. Rules for Determining Boundaries 3-15
2. General Restrictions Upon Land, Buildings and Structures3-15
3. Substandard Lots of Record 3-16
4. Yards •
3-17
5. Nonconforming Uses or Buildings 3-17
F. Establishment of Districts 3-19
1. Introduction 3-19
2. Districts Established 3-19
G. Special Use District 3-34
1. Planned Unit Development 3-34
H. Supplementary Regulations 3-42
1. Accessory Uses and Structures 3-42
2. Child Care Centers 3-43
3. Churches 3-44
4. Establishments Offering Dancing or Live Entertainment 3-45
5. Exceptions to Height Limitations 3-45
6. Fences, Hedges and Walls 3-45
7. Guardhouses and Security Buildings 3-46
8. Home Occupations 3-47
9. Off-Street Parking and Loading 3-47
ii
10. Parking Lots 3-50
11. Storage and Parking of Vehicles and Equipment
in Residential Districts 3-50
12. Swimming Pools 3-51
13. Service Stations 3-51
14. Signs 3-52
15. Site Plan Review 3-52
16. Temporary Construction Offices 3-55
17. Tree Removal or Damage 3-55
18. Utility Structures 3-55
IV. Subdivision Regulations 4-1
A. General Provisions 4-1
1. Purpose and Intent 4-1
2. Waiver 4-2
3. Resubdivision of Land 4-3
4. Vacation of Plats 4-3
B. Subdivision Application Procedure 4-4
1. General 4-4
2. Plat Review Procedure 4-4
3. Concept Plan - Submittals and Review Process 4-5
4. Preliminary Plat - Submittals and Review Process 4-6
5. Final Plat - Submittals and Review Process 4-8
6. Construction Plans - Specifications and Permits 4-10
C. Required Improvements 4-12
1. General 4-12
2. Planned Unit Developments 4-13
D. Assurance for Completion and Maintenance of Improvements 4-13
1. General 4-13
2. Performance Security 4-13
3. Maintenance Security 4-15
4. Inspections 4-16
5. Issuance of Certificate of Completion 4-16
E. Design and Construction Standards 4-17
1. General 4-17
2. Design Standards for Streets 4-18
3. Design Standards for Easements 4-20
4. Design Standards for Blocks 4-21
5. Design Standards for Lots 4-22
6. Required Improvements: Monuments 4-22
7. Required Improvements: Clearing and Grading
of Rights of Way 4-23
8. Required Improvements - Sewer and Water 4-23
LAND DEVELOPMENT CODE
I. LEGAL STATUS
A. TITLE
This code shall be known and may be cited as "The Land Development
Code of Atlantic Beach, Florida."
B. AUTHORITY
This code, together with all future amendments thereto, is adopted
under the terms granted by Article XIV of the Charter of the City of
Atlantic Beach, Florida. The City Commission does hereby exercise
the power to classify land within the jurisdiction of Atlantic Beach
into zoning districts; to review, approve and/or disapprove requests
to change zoning classifications, requests for exceptional uses, and
requests for variances; to hear appeals on any decisions; and to
review and approve and disapprove plats for subdivision of land.
C. PURPOSE AND INTENT
The purpose of this code and the districts and regulations herein
set forth is to provide for orderly growth; to encourage the most
appropriate use of land; 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,
morals and general welfare of the public; and to help accomplish the
goals and objectives of the Comprehensive Plan. Further:
1. In interpreting and applying the provisions of this code, these
provisions shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare of
the community. -
2. It is not intended by this code to interfere with or abrogate
or annul any easements, covenants or other agreements between
parties. Where any provision of the code imposes restrictions.
different from those imposed by any other provision of this
code or any other ordinance, rule or regulations, or other pro-
vision of law, whichever provisions are more restrictive or
impose higher standards shall control.
D. JURISDICTION
The provisions of this code shall apply to all land, buildings,
structures and to the uses within the jurisdiction of Atlantic Beach.
No land, building or structure shall be moved, added to or enlarged,
altered or maintained, except in conformity with the provisions of this
code.
E. ENACTMENT
The provisions of this code shall take effect and be enforced immediately
after its adoption.
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•
F. VALIDITY
If any provision of this code is held invalid or unconstitutional
by any court of competent jurisdiction, such a decision shall not
affect the validity of any other provision of this code.
G. AMENDMENTS
For the purpose of providing the public health, safety and general
welfare, the City Commission may, from time to time, amend the provi-
sions imposed by this code. Public hearings on all proposed amend-
ments shall be held by the City Commission or Planning Board in
the manner prescribed by law.
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II. ' LANGUAGE AND DEFINITIONS
A. CONSTRUCTION OF LANGUAGE
The following rules of construction apply to the text of this ordi-
nance.
1. The particular shall control the general.
2. In case of any difference of meaning or implication between the
text of this ordinance and any caption or illustrative table,
the text shall control.
3. The word "shall" is always mandatory and not discretionary. The
word "may" is permissive.
4. Words used in the singular shall include the plural, and the
plural the singular, unless the context clearly indicates the
contrary.
5. A "building" or "structure" includes any part thereof.
6. The phrase "used for" includes "arranged for," "designed for,"
"maintained for" or "occupied for".
7. The word "person" includes an individual, a corporation, a part-
nership, an incorporated association or any other similar entity.
8. Unless the context clearly indicates the contrary, where a regu-
lation 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:
a. "And" indicates that all the connected items, conditions,
provisions or events shall apply.
b. "Or" indicates that the connected items, conditions, pro-
visions or events may apply singly or in any combination.
c. "Either. . .or" indicates that the connected items, condi-
tions, provisions or events shall apply singly but not in
combination.
9. The word "includes" shall not limit a term to the specified ex-
amples, but is intended to extend its meaning to all other
instances or circumstances of like kind or character.
B. DEFINITIONS
For purposes of this ordinance, the following terms shall have the
meanings set forth in this section.
1. Abutting Property
Any property that is immediately adjacent to or contiguous
to property that may be subject to any hearing required to
be held under this act, or that is located immediately across
any road or public right-of-way from the property subject
to any hearing under this act.
2. Accessory Buildings and Uses
A subordinate building or portion of a main building, the use
of which is incidental to that of the dominant use of the main
building or land, including accessory signs, bona fide servants'
quarters and greenhouses operated on a non-profit basis. An
accessory use is one that is incidental to the main use of the
premises. Such building, structure or use is substantially
completed. Each structure shall not exceed six hundred (600)
square feet in area.
3. Alley
A public or private way, which affords only a secondary means
of access to property abutting thereof, which is not otherwise
designated a thoroughfare or for general traffic, and which is
not otherwise designated as a street.
4. Alteration
Any change in the arrangement of a building; any work affecting
the structural parts of a building; or any change in wiring,
plumbing or heating and air-conditioning systems.
5. Animal Hospital
See Veterinary Clinic or Hospital.
6. Apartment House
See Dwelling, Multi-Family.
7. Applicant
The record owner, or his authorized representative, of a tract
of land which is the subject of a request for a change in zon-
ing classification, A conditional use, a variance or an appeal.
8. Arterial Street
A street designed or utilized primarily for high speed vehicular
movements and heavy volumes of traffic, collecting traffic from
collector streets.
9. Automobile Service Station
See Service Station, Automotive.
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10. Automotive Repair
The repair, rebuilding or reconditioning of motor vehicles or
parts thereof, including collision service, painting and steam
cleaning of vehicles.
11. Bar or Lounge
Any place devoted primarily to the selling or dispensing and
drinking of malt, vinous or other alcoholic beverages or any
place where any sign is exhibited or displayed indicating that
alcoholic beverages are obtainable within or thereon and where
such beverages are consumed on the premises.
12. Block
A block shall be deemed to be all that property frontage along
one highway, lying between the two nearest intersecting of in-
tercepting streets and railroad right-of-way or waterway, golf
course, campus, park or similar open space.
13. Boarding House, Rooming House, Lodging House or Dormitory
A building or part thereof, other than a hotel, motel or restau-
rant, where meals and/or lodging are provided for compensation
for three (3) or more unrelated persons where no cooking or din-
ing facilities are provided in individual rooms.
14. Bond
Any form of security including a cash deposit, surety bond, col-
lateral, 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 these regu-
lations.
a. Maintenance Bond
Upon issuance of the "Certificate of Completion," or when
required improvements are installed prior to recording the
plat, surety must be posted in the amount of twenty-five
(25) 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 improve-
ments for a period of two (2) years.
b. Performance Bond
When required improvements are installed after recording
the plat, surety must be posted in the amount of one hundred
twenty-five (125) percent of the engineer's estimate of
costs, including land fill.
15. Buffering
See Screening
16. Building
Any structure designed or built for support, enclosure, shelter
or protection of persons, animals, chattels or property of any
kind. "Building" shall include "structure". Any structure con-
structed or used for a residence, business, industry or other
private or public purposes, including structures that are acces-
sory to such uses, provided such structures are in compliance with
the Standard Building Code.
17. Building Coverage
See Lot Coverage.
18. Building Line
An imaginary line across the property, defined in each district
by the setback requirement on which the front wall of a build-
ing may be built. For the purpose of measuring, setbacks shall
be determined by measuring from any vertical support of a
covered roof section to the nearest point to the lot line.
19. Building, Principal
A building in which is conducted the main or principal use of
the lot or parcel on which said building is situated.
20. Building Setback
The minimum horizontal distance between the front, rear or side
lines of the lot and the front, rear or side lines of the build-
ing. When two (2) or more lots under one (1) ownership are used,
the exterior property lines so grouped shall be used in deter-
mining building setback when the interior common lot line is
stradled by the principal structure.
21. Bulkhead
A structure separating land and water areas, primarily designed
to resist earth pressures.
22. Car Wash
An area of land and/or a structure with machine or hand oper-
ated facilities, used principally for the cleaning, washing,
polishing or waxing of motor vehicles.
23. Cemetery
Land used or intended to be used for the burial of the animal
or human dead and dedicated for cemetery purposes, including
crematories, mausoleums and mortuaries, if operated in connec-
tion with and within the boundaries of such cemetery.
24. Center Line, Street
A line running parallel with the highway right-of-way, which
is half the distance between the extreme edges of the official
right-of-way width.
25. Certificate of Completion
That certificate issued by the City subsequent to final inspection
that all improvements have been completed in conformity with the
requirements of this ordinance and the approved construction
plans and specifications.
26. Certificate of Ownership
An opinion of title of a licensed attorney or title company cer-
tifying to the City Commission, based upon an examination of an
abstract of title of the Official Records of Duval County, stating
that the applicant is the owner in fee simple to the tract
submitted for subdivision. The certificate shall also state the
names and nature of all liens, mortgages and encumbrances against
the title to said tract, if any.
27. Certified Survey
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.
28. Change of Occupancy
Discontinuance of an existing use and the substitution of a
different kind or class of use.
29. Child Care Center
Any establishment which provides 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. The term
"child care center" shall include day nurseries, day care ser-
vices and day care agencies, but not community-based residential
facilities.
30. Church
A building used for non-profit purposes by a recognized or es-
tablished religion as its place of worship. Such building may
include a residential area for the pastor or minister of a sect.
31. Clinic
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by one (1) person or
a group of persons practicing any form of healing or health
building services to individuals, whether such persons be medi-
cal doctors, chiropractors, osteopaths, chiropodists, naturo-
paths, optometrists, dentists or any such profession, the
practice of which is lawful in the State of Florida.
32. Club
A building and facilities owned and operated by a corporation
or association of persons for social or recreational purposes,
but not operated primarily for profit nor to render a service
which is customarily carried on as a business.
33. Collector Street, Major and Minor
A major collector street carries medium volumes of traffic col-
lected primarily from minor collector streets and delivering
the traffic to arterial streets. A minor collector street car-
ries relatively light volumes of traffic primarily from minor
streets to major collector streets.
34. Community Center
A recreation and/or meeting facility usually provided in planned
unit developments for the use of members and their guests.
35. Comprehensive Plan
The Local Government Comprehensive Plan, which was adopted by
code consistent with Chapter 163.3161, Florida Statutes, as
amended, and serves as the legal guideline for the future
development of the City.
36. Construction Permit
The permit to begin construction of improvements according to
the construction plans and specifications approved by the City
under this ordinance.
37. Construction Plans and Specifications •
The engineering drawings, specifications, tests and data neces-
sary to show plans for construction of the proposed improvements
in a subdivision in sufficient detail to permit evaluation of
the proposals.
38. Density
The number of residential dwelling units permitted per acre of
land, exclusive of dedicated public rights-of-way, canals, and
drainage ditches, lakes and rivers.
39. Development
Defined according to Chapter 380.04, Florida Statutes, as follows:
2-6
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 two (2) or more parcels.
The following activities or uses shall be taken for the purposes
of this chapter to involve development, as defined in this sec-
tion:
a. A reconstruction, alteration of the size or material change
in the external appearance of a structure on land.
b. 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, manu-
facturing establishments, offices or dwelling units in a
structure or on land.
c. Alteration of a shore or bank of a seacoast, river, stream,
lake, pond or canal, including any coastal construction, as
defined in Florida Statutes, Chapter 161.021.
d. Commencement of drilling, except to obtain soil samples,
mining or excavation on a parcel of land.
e. Demolition of a structure.
f. Clearing of land as an adjunct of construction.
g. Deposit of refuse, solid or liquid waste or fill on a parcel
of land.
The following operations or uses shall not be taken for the pur-
poses of this chapter to involve development as defined in this
section:
a. 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.
b. Work by a utility and/or other person engaged in the distri-
bution 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.
c. Work for the 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.
d. The use of any structure or land devoted to dwelling uses
for any purpose customarily incidental to enjoyment of the
dwelling.
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e. A change in the ownership or form of ownership of any
parcel or structure.
f. The creation or termination of rights of access, riparian
rights, easements, covenants concerning development of land
or other rights in land.
40. Dwelling
Any building or portion thereof which is designed for or used
for residential purposes but does not include a trailer coach
or converted trailer, hotel, motel, lodginghouse or boarding-
house.
41. Dwelling, Multi-Family
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.
�_Q
. 42. Dwelling, One-(Single) Family
A private residence building used or intended to be used as a
home or residence in which the use and management of all sleep-
ing quarters and appliances for sanitation, cooking, ventila-
tion, heating and lighting are designed primarily for the use
of one (1) family unit, and with partitioning so that any sub-
stantial interior portion of the dwelling, without resort to
exterior access and the building, shall have only one kitchen
and one electrical meter.
43. Dwelling, Two-Family
A residential building designed for or occupied by two (2) fam-
ilies, with the number of families in residence not exceeding
the number of dwelling units provided (duplexes) .
44. Easement
A grant from a property owner for the use of land for a specific
purpose or purposes by the general public, by a corporation or
by a certain person or persons.
45. Exception
A use that would not be appropriate generally and with restric-
tion throughout the zoning district, but if controlled as to
number, area or location, would be permissible as stipulated in
this ordinance.
46. Family
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit,
exclusive of household servants. A number of persons, but not
exceeding two (2) living and cooking together as a single house-
keeping unit, though not related by blood, adoption or marriage,
shall be deemed to constitute a family.
47. Fences, Hedges and Walls
Dividers between two properties.
48. Filling Station
See Service Station, Automotive.
49. Flood
A temporary rise in the level of a body of water inundating
areas not ordinarily so covered.
50. Flood Frequency
The statistically determined average for how often a specific
flood level or discharge may be equaled or exceeded.
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51. Floodway
The channel of a watercourse and portions of the adjoining flood
plain which are reasonably required to carry and discharge the
regulatory flood.
52. Floor area
The sum of the gross horizontal areas of several floor(s) of a
building or buildings, measured from exterior faces of exterior
walls or from the center line of walls separating two (2) attached
buildings.
53. Foster Home
Any establishment that provides 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.
54. Garage, Apartment
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.
55. Garage Apartment
An accessory or subordinant building, not a part or attached to
the main building, containing living facilities for not more
than one (1) family, the living facilities of which shall not
occupy more than fifty (50) percent of the total floor area of
building.
56. Garage, Private
An accessory building or a portion of the principal building
used for storage of automobiles of the occupants of the princi-
pal building. A carport is a private garagee.
57. Garage, Public
A building or portion thereof, other than a private or storage
garage, designed or used for the sale, storage, servicing, re-
pairing, equipping and hiring of motor driven vehicles.
58. Garage, Repair
A building or portion thereof used for repairing, equipping or
servicing motor vehicles.
59. Garage, Storage
A building or portion thereof designed or used exclusively for
the storage or parking of automobiles. Services, other than
storage, at such storage garage shall be limited to refueling,
lubrication, washing, waxing and polishing.
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' 60. Garden Apartment
See Dwelling, Multi-Family
61. Governing Body
The City Commission of Atlantic Beach, Florida
62. Grade
The finished elevation of a site after all fill, land balancing
or site preparations have been completed.
63. Group Care Home
Any dwelling, building or other place, occupied by seven (7) or
more persons, including staff, whether operated for profit or not,
which provides for a period exceeding twenty four (24) hours,
one or more personal services for persons not related to the owner
or administrator by law, blood, marriage or adoption, and not
in foster care, 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.
64. Guest Cottage
Living quarters within a detached accessory building located on
the same lot or parcel of land as the main building, used ex-
clusively for housing members of the family occupying the main
building and their nonpaying guests. Such quarters shall not
be rented or otherwise used as a separate dwelling.
65. Height of Buildings
The vertical distance from the established grade at the center
or front of a building to its highest 'point of the roof or
parapet.
66. Home Occupation
Any use conducted entirely within a dwelling and carried on by
an occupant thereof,, which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes and does
not change the character thereof. Home occupation shall not be
construed to include barber shops, beauty parlors, tea rooms,
food processing establishments, restaurants, antique stores,
commercial kennels, real estate offices, professional offices
or insurance offices. Aix .6 /`J4''``�`
44/1
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67. Hospital
Any institution, including a sanitarium, 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,
as previously defined.
68. Hotel, Motel, Motor Lodge or Tourist Court
A building as licensed by the State of Florida containing in-
dividual guest rooms for which daily or weekly lodging is pro-
vided as the more or less transient residence of individuals,
and ingress and egress to and from all rooms are made through
an inside lobby.
69. House Trailer
See Mobile Home
70. Impervious Surface Coverage
See Lot Coverage
71. Institutional Use
The structure and/or land occupied by a group, cooperative,
board, agency or organization created for the purpose of carry-
ing on functions, such as hospitals, schools, churches, fraternal
orders, orphanages and nursing or convalescent homes.
72. Junk
Inoperative, dilapidated, abandoned or wrecked materials, in-
cluding but not limited to, automobiles, trucks, tractors, wa-
gons, boats and other kinds of vehicles and parts thereof, scrap
materials, scrap building materials, scrap contractors' equipment,
tanks, casks, cans, barrels, boxes, drums, piping, bottles,
glass, old iron, machinery and the like.
73. Junk Yard
A place where junk, 'waste, discarded or salvaged materials, are
bought, sold, exchanged, stored, baled, packed, disassembled or
handled. Junk 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 condi-
tion, or used or salvaged materials for manufacturing operations.
74. Kennel, Pet
The keeping of any pet or pets, regardless of number, for sale or
for breeding, boarding or treatment purposes, except in an
animal hospital, animal grooming parlor or pet shop.
75. Land Development Code
For purposes of this code, "land development regulations" or
"regulations for the development of land" include any local
government zoning, subdivision, building and construction or other
regulations controlling the development of land. The various
types of City regulations controlling the development of land
within Atlantic Beach may be combined in totality in a single
document known as the "Land Development Code" of the City.
76. Landscaping
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 ex-
cluding paving.
77. Laundry, Self-Service
A business that provides home-type clothes washing and drying
or ironing machines for hire to be used by customers on the
premises.
78. Live Entertainment
This includes, but is not limited to, singers, pianists, musi-
cians, musical groups, bands, vocal or instrumental dancers,
theatrical shows, magicians, performers, comedians and all
fashions, forms and media fo entertainment carried on and con-
ducted in the presence of and for the entertainment and amuse-
ment of others and as distinguished from records, tapes, pic-
tures and other forms of reproduced or transmitted entertainment.
79. Living Area
The minimum floor area of a residential dwelling unit (as measured
by its exterior dimensions) having access from within the
main living area, exclusive of carports, porches, sheds, garages
and utility rooms which are not within the walls of a dwelling.
80. Loading Space
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks or other motor
vehicles.
81. Local Government
See Governing Body
2-13
82. Lot
A parcel of land occupied or intended for occupancy by a use
permitted in this code, including at least one (1) main build-
ing together with its accessory buildings, the yard areas and
parking spaces required by this code and having its principal
frontage upon a publicly-owned or maintained street. The term
"lot" shall include "plot" or "parcel".
83. Lot or Site Area
The horizontal plane area within the lot lines, expressed in
these regulations in square feet or square acres, exclusive of
public or private dedications.
84. Lot, Corner
A lot abutting upon two (2) or more streets at their intersec-
tion or at a street corner having an interior angle not greater
than one hundred thirty-five (135) degrees. All boundaries
abutting streets shall be considered front yards, and all other
boundaries shall be considered side yards.
85. Lot Coverage
The area of the lot covered by the ground floor of all princi-
pal and accessory uses and structures, including all areas covered
by the roof of such uses and structures, measured along the
exterior faces of the walls, along the foundation wall line,
between the exterior faces of supporting columns, from the center
line of walls separating two (2) buildings or as a combination
of the foregoing, whichever produces the greatest total
ground coverage for such uses and structures. Lot coverage
'shall also include all impervious surfaces such as drives, park-
ing areas, walkways, swimming pools, patios, terraces and the
like.
86. Lot Depth
The distance measured from the middle point of the front line
to the middle point of the opposite rear line of the lot.
87. Lot, Double Frontage
A double frontage or through lot is defined as a lot that has
frontage on two nonintercepting streets. The applicable front
setback requirement shall apply to both frontages regardless of
which line the land owner elects as the front line, unless such
lot has a permanent solid face subdivision perimeter buffer wall
precluding access along one (1) frontage.
88. Lot Line
The legal boundary line of a lot.
89. Lot of Record
A lot which is part of a subdivision, the map of which has been
recorded in the office of the Clerk of the Circuit Court, or a
parcel of land the deed of which was recorded in the office of
the Clerk of the Circuit Court.
90. Lot Width
The mean horizontal distance between the side lot lines, measured
at right angles to its depth.
91. Marina
An establishment with a waterfront location for the purpose of
storing watercraft 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.
92. Mean High Water
The average height of the high waters over a nineteen (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 nineteen (19) year value, as defined in Florida Statutes,
Chapter 253.
93. Mobile Home
A movable or portable detached single-family dwelling designed
for and capable of being used for long-term occupancy, designed
to be transported after fabrication on its own permanent chas-
sis and wheels, arriving at the site substantially complete, of
such size and weight as to require special highway movements
permits, and in excess of eight (8) feet in width and thirty-two
(32) feet overall length, as measured from the ball joint to
the rear bumper, but not exceeding twenty-four (24) feet in width
and seventy-five (75) feet in length. A mobile home shall be
defined by Chapter 320, Florida Statutes, and shall be trans-
portable, manufactured, suitable for real estate and utilized
for nontransient purposes. The mobile home shall contain the
same water supply, waste disposal and electrical conveniences
as conventional housing.
94. Modular Factory Built Homes
A modular unit residential bulding comprised of one (1) or more
dwelling units, or habitable rooms or component parts thereof,
which is either wholly manufactured or is a substantial part
constructed in central manufacturing facilities and bears the
approval of the Department of Community Affairs under the pro-
visions of the Housing Act of 1971. However, this term does
not apply to mobile homes, as defined by Chapter 320, Florida
Statutes. Modular homes are regulated by this code as Dwellings,
Single-Family.
95. Nonconforming Use or Building
The use of a building or portion thereof, or land or portion
thereof, which does not conform with the use regulations of the
district in which the building is located, the use of which
was legally established and existed prior to the effective date
of such use regulations.
96. Nursing Home
See Group Care Home
97. Occupied
The term "occupied" includes designed, built, altered, con-
verted to or intended to be used or occupied.
98. Office Building, Business or Professional
A building providing office space for the furnishing of profes-
sional services in any of the following or related categories:
law, architecture, engineering, medicine, dentistry, osteopathy,
chiropractic, optometry or consultants in these or related pro-
fessions.
99. Open Space
An area open to the sky, which may be on the same lot with a
building. The area may include, along with the natural environ-
mental features, swimming pools, tennis courts, or any other re-
creational facilities. Streets, structures for habitation and
the like shall not be included.
100. Parcel
A tract of land which may be described by metes and bounds or
plat. See Lot.
•
101. Parking, Handicapped
Parking spaces designed and provided in quantities consistent
with handicapped requirements.
102. Parking Lot
An open area used exclusively for the storage of motor vehicles,
whether or not a fee is charged.
103. Parking Space, Off-Street
For the purpose of this ordinance, an off-street parking space
shall consist of an area adequate for parking an automobile 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.
Size shall conform to specifications in this code and may be
divided into spaces for standard size vehicles and compact cars.
2-16
104. Permanent Control Point (PCP)
This shall be a secondary horizontal control monument and shall
be a metal marker with the point of reference marked thereon or
a four (4) by four (4) inch concrete monument, a minimum of
twenty-four (24) inches long, with the point of reference marked
thereon. PCPs shall bear the registration number of the surveyor
filing the plat of record.
105. Permanent Reference Monument (PRM)
This consists of a metal rod a minimum of twenty-four (24)
inches long, or a one and one-half (1 1/2) inch minimum diameter
metal pipe a minimum of twenty (20) inches long, either of
which shall be encased in a solid block of concrete or set in
natural bedrock, a minimum of six (6) inches in diameter, and
extending a minimum of eighteen (18) inches below the top of
the monument, or a concrete monument four (4) by four (4) inches,
a minimum of twenty-four (24) inches long, with the point of
reference marked thereon. A metal cap marker with the point of
reference marked thereon shall bear the registration number of
the surveyor certifying the plat of record, and the letters
"PRM" shall be placed in the top of the monument.
106. Planned Unit Development (PUD)
A planned unit development:
a. is land under unified control, planned and developed as a
whole in a single development operation or approved pro-
grammed series of development operations, for dwelling units
and related uses and facilities;
b. includes principal and accessory uses and structures sub-
stantially related to the character of the development itself
and the surrounding area of which it is a part;
c. is developed according to a comprehensive and detailed plan,
which includes not only streets, utilities, lots or build-
ing sites and the like, but also site plans, for all build-
ings intended to be located, constructed, used and related
to each other, and detailed plans for other uses and im-
provements, facilities and services, as will be for common
use by some or all of the occupants of the planned unit
development, but will not be provided, operated or maintained
at public expense.
107. Planning Agency
The agency designated by the City, through ordinance, to prepare
and monitor the Comprehensive Plan and implimenting ordinances.
2-17
108. Plat
Means a map or delineated representation of the subdivision of
lands, being a complete exact representation of the subdivision
and other information in compliance with the requirements of
all applicable sections of this chapter and of any local ordinances,
and may include the terms "replat", "amended plat", or
"revised plat."
a. Prelininary Plat
Approval of such is required prior to submittal of a final
plat.
b. Final Plat
Prepared for recording the subdivision of land.
109. Plot
See Lot.
110. Porch.
A roofed-over space that has no other enclosure other than exterior
walls of main building, open mesh screening or glass.
111. Principal Building or Use
A main use of land, as distinguished from an accessory use; the
building housing the main or principal use.
112. Property Line
See Lot Line
113. Protective Covenants
A private agreement that may be recorded in the public records
that restricts the use of private property.
114. Public Improvement
Those improvements required to be dedicated to the City, including
but not limited to, street pavements, curbs and gutters, sidewalks,
lley pavements, walkway pavements, water mains, sanitary sewers,
storm sewers or drains, street names, signs, landscaping, parks,
permanent re-erence monuments (PRMs) , permanent control points
(PCPs) or any other improvement required by the City.
115. Public Open Space
Open space (land or water areas) available for public use --
not restricted to members or residents.
2-18
116. Public Utility Services or Facilities, Essential
The erection, construction, alteration, operation or maintenance
of buildings, power plants or substations, water treatment plants
or pumping stations, sewage disposal or pumping plants and other
similar public service structures by a public utility or a rail-
road, whether publicly or privately owned, or by a municipal or
other governmental agency, to furnish services, including electricity,
gas, rail transport, communication, public water and sewage.
117. Recreation Vehicle
The following types of vehicles enumerated are deemed recreation
vehicles:
a. Travel Trailers
A vehicular, portable structure built on a chassis and towed;
designed to be used as a temporary dwelling for travel, re-
creation and vacation uses; permanently identified "travel
trailer" by the manufacturer on 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
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
A collapsible, temporary dwelling structure covered with a
water-repellent fabric, mounted on wheels and designed for
travel, recreation and vacation uses.
d. Auto Camper
A lightweight, collapsible unit that fits on top of an auto-
mobile and into the trunk with the cover removed, and is
designed for travel, recreation and vacation uses.
e. All Terrain Vehicles
Dune buggies, swamp buggies and the like shall be considered
recreation vehicles, whether or not licensed as such
by the State.
f. Van
A vehicle specially equipped for camping.
118. Restaurant
Any establishment where food is served for consumption on or off
the premises or within an enclosed building.
2-19
119. Resubdivision
A change in a map of an approved or recorded subdivision plat
if such change affects any street layout on such map or area
reserved thereon for public use, any lot line, or any map or
plan legally recorded prior to the adoption of any regulations
controlling the subdivison.
120. Right-of-Way
The area of a highway, road, street, way, parkway or other such
strip of land reserved for public use, whether established by
prescription, easement, dedication, gift, purchase, eminent domain
or any other legal means.
121. Rowhouse
See Townhouse.
122. Screening
Either:
a. a strip of at least ten (10) feet wide, densely planted (or
having equivalent natural growth) with shrubs or trees at
least four (4) feet high at the time of planting, of a type
that will form a year-round dense screen at least six (6)
feet high; or
b. an opaque wall or barrier or uniformly painted fence at
least six (6) feet high.
Either a. or b. shall be maintained in good condition at all
times and may have no signs affixed to or hung in relation to
the outside thereof except the following: for each entrance,
one (1) directional arrow with the name of the establishment
with "For Patrons Only" or like limitation, not to exceed over
two (2) square feet in area, which shall be nonilluminated.
Where required in the district regulations, a screen shall be
installed along or within the lines of a plot as a protection
to adjoining nearby properties.
123. Seat
For purposes of determining the number of off-street parking
spaces for certain uses, the number of seats is the number of
seating units installed or indicated, or each twenty-four (24)
lineal inches of benches, pews or space for loose chairs.
124. Service Station, Automotive
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 which is performed general
automotive servicing, as distinguished from automotive repairs.
2-20
125. Setback
The distance between the lot line and the building setback line.
126. Setback Line
See Building Setback
127. Shopping Center
A group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-
street parking provided on the propert-, and related in loca-
tion, size and type of shops to the trade area which the unit
serves.
128. SIC (Standard Industrial Classification)
A system developed by the U. S. Office of Management and Budget
for classifying business establishments by type of activity in
which they are engaged. The classification system is reported
in the Standard Industrial Classification Manual 1972 by the
Executive Office of the President, Office of Management and
Budget.
129. Sight Triangle
The area within the limits described by the two intersecting
center lines of a street or road 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.
130. Sign
See Signs and Advertising Structures, City Charter 20-1 through 20-24.
131. Story
That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and
ceiling next above it.
132. Street
A public or private thoroughfare which affords the principal
means of access to abutting property. This includes lane,
place, way or other means of ingress or egress, regardless of
the term used to describe it.
a. Public
Legally dedicated to public use and officially accepted by
the City.
2-21
b. Private
Privately owned and maintained on a recorded easement or
approved by the appropriate City agency.
133. Street Right-of-Way Line
The dividing line between a lot, tract or parcel of land and
the contiguous tract. The right-of-way line shall be considered
a property line, and all front setback requirements provided
in these regulations shall be measured from said right-of-way
line; except corner lots, which shall be controlled by the
right-of-way of the side street.
134. Structural Alteration
Any change, except for repair or replacement, 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.
135. Structure
Anything constructed, erected or placed, the use of which re-
quires more or less permanent location on the ground, or anything
attached to something having a permanent location on the
ground, and shall include tents, lunch wagons, dining cars or
other structures on wheels or other supports, and used or
intended for business or living quarters, excluding fences not
over six (6) feet above the natural grade.
136. Subdivision
The division of a parcel of land, whether improved or unimproved,
into two (2) or more contiguous lots or parcels of land,
designated by reference to the number or symbol of the lot or
parcel contained in the plat of such subdivision, for the purpose,
whether immediate or future, of transfer of ownership or, if
the establishment of a new street is involved, any division of
such parcel. However, the division of land into parcels of more
than five (5) acres, not involving any change in street lines
or public easements of whatsoever kind, is not to be deemed a
subdivision within the meaning of this code. The term includes
a resubdivision and, when appropriate to the context, relates
to the process of subdividing or to the land subdivided.
137. Substandard Lot of Record
The owner of such nonconforming lot of record is permitted to
build on such lot, provided said lot has a lot width of not less
than fifty (50) feet and a depth of not less than one hundred
(100) feet, with a total lot area of not less than five thousand
(5,000) square feet. Nonconforming lots of record which do not
meet all the above area requirements shall not be built on unless
relief is obtained through action of the Board of Adjustment.
2-22
138. Survey, Certified
See Certified Survey
139. Swimming Pool
Any constructed pool used for swimming or bathing, that is
twenty-four (24) inches in depth or has a surface exceeding two
hundred fifty (250) square feet.
140. Theater
An establishment offering dramatic presentations or showing motion
pictures to the general public.
141. Tourist Home
See Boardinghouse, Rooming House, Lodging House or Dormitory.
142. Townhouse
A group of two (2) or more single-family dwellings separated by
a space of not more than one (1) inch. The walls or party wall
separating the dwelling units of the townhouse shall extend to
the roof line of the dwelling and shall have no openings there-
in.• Each townhouse unit shall be constructed upon a, separate
lot and serviced with separate utilities and other facilities
and shall otherwise be independent of one another. Townhouses
are single-family dwelling units.
143. Trailer: Boat, Horse, Utility
A conveyance drawn by other motive power and used for transport-
ing a boat, animal or general goods.
144. Trailer Coach
See Recreation Vehicle
145. Trailer, House
See Mobile Home
146. Travel Trailer
See Recreation Vehicle
147. Travel Trailer Park or Court
A park or court, licensed and approved by the State Board of
Health, and established to carry on the business of parking
travel trailers.
2-23
148. Use
The purpose for which land or water or the structure thereon is
designated to the extent covered by the zoning ordinance.
149. Used, Occupied
As applied to any land or building, this term shall include the
words "intended", "arranged", or "designed to be used or occu-
pied."
150. Variance
Any modification of the zoning ordinance regulations must be
authorized by the Board of Adjustment and must meet the criteria
as stated in this code. A variance may be authorized only
for height, area, size of structure or size of yards and open
spaces. Establishment or expansion of a use otherwise prohibited
shall not be allowed by a variance, nor shall a variance be
granted because of the presence of nonconformities in the
zoning district or in adjoining district.
151. Veterinary Clinic or Hospital
Any building or portion thereof designed or used for the veterinary
care, surgical procedures or treatment of animals, but not the
boarding of well animals.
152. Wall
See Fences, Hedges and Walls.
153. Yard
An open space at grade between a main building and the adjoining
lot lines. In measuring a yard for the purpose of determining the
width of a side yard, the depth of a front yard or the depth of a
rear yard, the minimum horizontal distance between the lot line
and the main building shall be used. '
154. Yard, Front
A yard extending across the front of a lot between the side lot
lines and being the minimum horizontal distance between the
street line and the principal building or any projections
thereof, other than the projections of uncovered steps, uncovered
balconies or uncovered porches. d
s - • - e
for 'eesz idn--
155. Yard, Rear
A yard extending across the rear of a lot between the rear of the
principal building or any projections thereof, other than
the projections of uncovered steps, balconies or porches. On
all corner lots, the rear yard shall be at the opposite end of
the lot from the front yard.
9-91.
• 156. Yard, Side
A yard between the main building and the side line of the lot,
extending from the front yard to the rear yard and being the
minimum horizontal distance between a side lot line and the side
of the main building or any projection thereof.
157. Dwelling, Secondary
A single dwelling combined with a private garage with capacity
of not more than two (2) motor vehicles erected in the rear
of a principle dwelling in any district when the lot has a width
of 50 feet or more andiextends from street to street.
•
2-25
III. ZONING REGULATIONS
A. SCOPE
The provisions of this code shall be administered in accordance
with the rules set forth in this section and the detailed regu-
lations governing each district. Administrative procedures and
the responsibilities of the City Commission, Administrative Of-
ficial, Planning Agency, Board of Adjustment and Codes Enforce-
ment Board are set forth. Procedures for filing applications
for changes and amendments to this code, appealing decisions or
any matter covered in this code, notification of violations and
penalties for violation have been included.
B. ADMINISTRATION
1. The City Commission
It shall be the responsibility of the City Commission to per-
form the following duties and responsibilities in accordance
with this code:
a. To adopt this code in accordance with, and consistent
with, the adopted Comprehensive Plan for Atlantic Beach.
b. To make amendments to these zoning regulations and zon-
ing map by a simple majority vote of the City Commission
after holding the required public hearing, and after re-
ceiving a written recommendation from the Planning Agency.
A four-fifths (4/5) majority vote of the entire City Com-
mission is needed to override any recommendation of the
Planning Agency.
c. To approve all subdivision plans and Planned Unit Development
(PUD) plans after holding any required public hearing
and after reviewing a written recommendation from the
Planning Agency.
d. Establish a zoning fee to defray the administrative
costs of carrying out the requirements of this code.
e. Appoint an Administrative Official to administer the
provisions of this ordinance.
2. The Administrative Official
The Administrative Official, appointed by the City Commission,
shall have the following powers and responsibilities:
a. To accomplish all administrative actions required by this
code, including the giving of notices as specified in
this code or as otherwise required; the receiving and
processing of appeals; and the acceptance and accounting
for fees.
IL 3-1
b. Provide written instructions to applicants on the
required process for requests under this code and
assist applicants in understanding the provisions
of this code.
c. Receive and begin the processing of all applications
for zoning changes, exceptions and variances.
d. To maintain and keep updated the Zoning Regulations,
the Zoning Map and all records relating to the Zoning
Regulations and their administration, as may be set
forth in this code or as may otherwise be necessary.
e. To suggest to the Planning Agency and the City Commission,
modifications to the Zoning Ordinance and Zoning Map,
with a written statement outlining the need for such
changes.
f. To conduct necessary field inspections required to
adequately advise the Planning Agency, the City Com-
mission, and the Board of Adjustment on zoning matters.
g. To review all applications for building permits, includ-
ing plot plans, to determine whether the proposed con-
struction, alterations, repair or enlargement of a struc-
ture is in compliance with the zoning ordinance. The
Administrative or Building Official's signature, stating approva.
or disapproval, is required on all building permit ap-
plications before a permit shall be issued.
h. To grant minor dimensional variances or minor variances
of development design standards as detailed in this code
if the variance requested involves a variation of less
than ten (10) percent from the code requirement involved,
or involves substitution of an element of substantially
equal character or performance to that required in the
code.
i. To post signs on property undergoing zoning proceedings
and promptly remove these signs after the zoning process
is completed.
j. To mail notices of zoning requests to be considered at
the regularly scheduled meetings of the Planning Agency
or the Board of Adjustment to respective members at
least seven days prior to the meeting date to allow
members ample time to review the requests.
k. To hire such persons as necessary
to assist in the fulfillment of
the requirements of the office and delegate to these
employees such duties and responsibilities assigned to
the Administrative Official as may be necessary to carry
out properly, the functions of the office.
3-2
3. The Planning Agency
The Advisory Planning Board, as established by the City
Commission under the City Charter shall serve as the Planning
Agency and shall have the following duties and responsibilties:
a. To re view those matters referred to the Planning Agency
and hold regularly scheduled meetings for the purpose
of reviewing such documents.
b. To review site plans for all proposed subdivision development
redevelopment, including Planned Unit Developments, in
the City of Atlantic Beach.
c. To transmit to the proper governmental bodies, agencies
or departments the written recommendation of the Planning
Agency, where said recommendations are called for by this
ordinance.
d. To provide for internal procedures, with the assistance
of the Administrative Official, required to carry out
the intent of this section. Such procedures shall include
deadlines for filing applications prior to regularly
scheduled meetings to allow time for adequate review and
the preparation of a written report and recommendation
of each application.
4. Board of Adjustment
The Board of Adjustment, as established by the City Charter,
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 handling appeals, variances or other related matters shall
be in conformity with the provisions of the Charter for the
City of Atlantic Beach.
a. Powers and Duties
The Board of Adjustment shall have the following duties
and powers:
(1) To hear and decide appeals where it is alleged
there is an error in any order, requirement, de-
cision or determination made by the Administrative
Official in the enforcement of this ordinance.
(2) To authorize, upon appeal in specific cases, such
variances from the terms of this ordinance as will
not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the
provisions of this ordinance will result in unne-
cessary hardship. In order to authorize any variance
from the terms of the ordinance, the Board of Adjust-
ment must find:
3-3
(a) That special conditions and circumstances exist
which are peculiar to the land, structure or
building involved and which are not applicable
to other lands, structures or buildings in the
same district;
(b) That the special conditions and circumstances
do not result from the actions of the applicant;
(c) That granting the variance requested will not
confer on the applicant any special privilege
that is denied by this ordinance to other lands,
buildings or structures in the same zoning dis-
trict.
(d) That literal interpretation of the provisions of
the ordinance would deprive the applicant of
rights commonly enjoyed by other properties in
the same zoning district under the terms of the
ordinance and would work unnecessary and undue
hardship on the applicant;
(e) That the variance granted is the minimum vari-
ance that will make possible the reasonable use
of the land, building or structure;
(f) That the granting of the variance will be in
harmony with the general intent and purpose of
the ordinance and that such variance will not
be injurious to the area involved or otherwise
detrimental to the public welfare.
(3) In granting any variance, the Board of Adjustment
may prescribe appropriate conditions and safeguards in
conformity with this part and any ordinance enacted
under its authority. Violation of such conditions
and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a
violation of this ordinance.
(4) Under no circumstances, except as permitted above,
shall the Board of Adjustment grant a variance to
permit a use not generally permitted or permitted
by exception in the zoning district involved or
any use expressly or by implication prohibited by
the terms of the ordinance in the zoning district.
No nonconforming use of neighboring lands, struc-
tures or buildings in the same zoning district and
no permitted use of lands, structures or buildings
in other zoning districts shall be considered grounds
for the authorization of a variance.
3-4
• (5) In exercising its powers, the Board of Adjustment
may, upon appeal and in conformity with provisions
of this part, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or
determination being appealed, and to that end shall
have the powers to direct the issuance of the
necessary permit.
b. Appeals of Administrative Actions
Appeals to the Board of Adjustment may be taken by any
person aggrieved or by any officer, board or department
of Atlantic Beach affected by any decision of the
Administrative Official under this Zoning Ordinance. Such
appeal shall be taken within thirty (30) days after rendi-
tion of the order, requirement, decision or determination
appealed from by filing with the officer from whom the
appeal is taken and with the Board of Adjustment a notice of
appeal specifying the grounds thereof. The appeal shall
be in the form prescribed by the rules of the Board. The
Administrative Official shall, upon notification of the
filing of the appeal, transmit to the Board of Adjustment
all the documents, plans, papers or other materials consti-
tuting the record upon which the action appealed from was
taken.
(1) Stay of Work. An appeal to the Board of Adjustment
stays all work on the premises and all proceedings
in furtherance of the action appealed from, unless
the Administrative Official shall certify to the
Board of Adjustment that, by reason of facts stated
in the certificate, a stdy would cause imminent peril
to life or property. In such case, proceedings or
-work shall not be stayed except by a restraining
order, which may be granted by the Board of Adjust-
ment or by a court of record on application, on
notice to the officer from whom the appeal is taken
and on due cause shown.
(2) Hearings of Appeals. The Board of Adjustment shall
fix a reasonable time for the hearing of the appeal,
give public notice thereof, as well as due notice to
the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any party may
appear it person, by agent or by attorney.
c. Appeals of Decisions of the Board of Adjustment
Any person or persons, jointly or severally, aggrieved by
any decision of the board of adjustment or any taxpayer,
or any officer, department, board or bureau of the City
Commission, may present to a court of record a petition,
duly verified, setting forth that such decision is illegal,
3-5
in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the
court within thirty days after the filing of the decision
in the office of the board.
d. In exercising the powers granted by this ordinance, the
Board of Adjustment, by the concurring vote of the major-
ity of members, may reverse or affirm, wholly or partly,
or modify the order, requirement, decision or determina-
tion appealed from, and may make such order, requirement,
decision or determination as should be made, and to that
end shall have all the power of the official from whom
the appeal is taken. Rulings and decisions of the Board
of Adjustment shall become effective ten (10) days after
the date of such ruling or decision.
3-6
C. APPLICATION PROCEDURES
1. General
The City Commission may from time to time amend, supplement,
change or repeal the Zoning Regulations, restrictions or dis-
trict boundaries as set out in this ordinance.
Proposed changes and amendments may be suggested by the City
Commission, the Planning Agency, 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 Administrative Official.
2. Procedure for Changing Zoning Classification
The following steps are to be followed to request a change in
zoning classification:
a. All applications shall be filed with the Administrative
Official on the proper form furnished by the Administra-
tive Official.
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 sub-
ject property;
(3) Existing and proposed zoning classification of the
property;
(4) A statement of the petitioner's interest in the pro-
perty to be rezoned, including a copy of the last
recorded warranty deed; and:
(a) If joint and several ownership, a written con-
sent, to the rezoning petition, by all owners
of recored, 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 re-
presentative has the delegated authority to re-
present the corporation or other business entity,
1-7
or in lieu thereof, written proof that the
person is, in fact, an officer of the corpora-
tion, 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 pro-
vide written consent.
(5) A complete list of all property owners, mailing
addresses and legal descriptions for all property
within three hundred (300) feet of the subject par-
cel as recorded in the latest official tax rolls in
the County Courthouse.
(6) A statement of special reasons for the rezoning as
requested.
(7) Payment of the official filing fee as set by the
City Commission.
(8) The signature of each and every owner of the lands.
c. After the Administrative Official has received the request,
the request will be placed on the agenda of the next meet-
ing of the Planning Agency which will meet the time limit
required by the Planning Agency. The Planning Agency shall
study each request for rezoning and make a written recom-
mendation to the City Commission. The written report and
recommendation shall:
(1) Show that the Planning Agency has studied and consi-
dered the need and justification for the change;
(2) Indicate the relationship of the proposed rezoning
to the Comprehensive Plan for Atlantic Beach and
whether the proposed change will further the purpose
of the planning program;. and
(3) Be submitted to the City Commission in not more
than sixty (60) days from the date a completed ap-
plication for the rezoning is filed.
d. The City Commission shall review the recommendations
made by the Planning Agency and hold a public hearing,
with due notice, to consider the request.
e. It shall be the responsibility of the Administrative
Official to give due public notice of both Planning
Agency and City Commission public hearings.
3-8
f. Following said public hearings, the City Commission,
by ordinance, may change the zoning classification of
said petitioners, or it may deny said petition. In
the case of denial, the City Commission shall there-
after take no further action on another application
for substantially the same proposal, on the same pre-
mises, until after twelve (12) months from the date of
the last such disapproval.
3. Procedure for Request for Use by Exception
The following steps are to be followed to request a use by
exception:
a. All applications shall be filed with the Administrative
Official on the proper form furnished by the Administra-
tive Official.
b. The application submitted shall include the following
information:
(1) An adequate legal description of the premises as
to which the use by exception is requested;
(2) The names and addresses of the owners or tenants in
possession of such premises;
(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 applicant or the applicant's
authorized agent or attorney.
c. After the Administrative Official has received the re-
quest, the request will be placed on the agenda of the
next meeting of the Planning Agency which will meet the
time limit required by the Planning Agency. The Plan-
ning Agency shall study each request for use by excep-
tion and make a written recommendation to the City Com-
mission. The written report and recommendation shall
state specific reasons and findings of fact, upon which
its recommendation is based.
d. Any review of any application for a use by exception
shall consider:
(1) Ingress and egress to property and proposed struc-
tures thereon with particular reference to automotive
3-9
and pedestrian safety and convenience, traffic
flow and control and access in case of fire or
catastrophe.
(2) Off-street parking and loading areas, where required,
with particular attention to the items in (1) above
and the economic, noise, glare and odor effects of
the special exception on adjoining properties and
properties generally in the district.
(3) Refuse and service areas, with particular reference
to the items in (1) and (2) above.
(4) Utilities, with reference to locations, availability
and compatibility.
(5) Screening and buffering, with reference to type,
dimensions and character.
(6) Signs, if any, and proposed exterior lighting, with
reference to glare, traffic safety, economic effects
and compatibility and harmony with properties in the
district.
(7) Required yards and other open space.
(8) General compatibility with adjacent properties and
other property in the district.
e. The City Commission shall con-
sider the application for use by exception permit and
the Planning Agency's report and recommendation thereon,
as well as citizens attending such hearing and shall deny,
approve, or approve with conditions the petitions.
f. The City Commission may, as a condition
to the granting of any application for permit, impose
such conditions, restrictions or limitations in the use
of such 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 zoning prin-
ciples and "concepts.
g. Any use by exception permit granted by the City Commis-
sion shall permit only the specific use or uses described
in the application as the same may be limited or restricted
by the terms and provisions of the permit, and none other;
3-10
any expansion or extension of the use of such premises,
beyond the scope of the terms of the permit, shall be
unlawful and in violation of this ordinance and render
the permit 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 deter-
mines that such use has become a public or private nui-
sance because of an improper, *inauthorized or other
unlawful use of such premises.
i. If a petition for a use by exception permit is denied
by the City Commission, thereafter the City Commission
shall take no further action on another petition for
substantitially the same use on the same premises until
after twelve (12) months after the date of such last
denial.
4. Variance Request Procedure
To request a variance from the regulations contained herein,
because there are practical difficulties or unnecessary hard-
ships in carrying out the strict letter of this ordinance,
applications can be obtained from the Administrative Official
under the following conditions:
a. If the applicant is other than all the owners of the
particular property, written consent signed by all owners
of the particular real property shall be attached.
b. An application for any variance shall be submitted,
containing a complete legal description of the premises
for which the variance is requested. The application
shall be accompanied by a survey or plot diagram indica-
ting setbacks and proposed construction.
c. The Administrative Official• shall refer the request to
the Board of Adjustment. In considering all proposed
variations of this ordinance, the Board of Adjustment
shall, before making any finding in a specific case,
first determine that the proposed variation will not
constitute any change in the districts shown on the
Zoning Map and will not impair an adequate supply of
light and air to adjacent property, er materially in-
crease the congestion in public -streets, op,increase
the public danger of fire and safety, or materially
diminish or impair established property values within
the surrounding area, or in any other respect impair
the public health, safety, morals and general welfare.
3-11
d. The Board of Adjustment will fix a reasonable time for
the hearing of appeals or ether matters referred to it
and shall hold a public hearing on each such appeal or
matter referred to it with due public notice.
e. At the hearing, any party may appear in person or be
represented by an agent or attorney. Where there are
practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of this ordinance,
appeals to the Board may be taken by any person aggrieved
or by any department of the City affected by any decision
of the Administrative Official.
f. If an application is disapproved by the Board of Adjust-
ment , thereafter the Board
shall take no further action on another
application for substantially the same proposal on the
same premises until after twelve (12) months from the
date of such last disapproval.
•
3-12
5. Building Permit Procedure
a. No building permit shall be issued for any structure or use on a lot,
plot, tract, parcel or subdivision which:
(1) does not abut on a public street or easement, dedicated and
accepted by the City Commission;
(2) does not have electrical service, approved sanitary sewer and
potable water systems installed; and
(3) does not have streets constructed to grade height.
b. Building permits may be issued for a structure or use on a lot, plot,
tract, parcel or subdivision:
(1) which abuts on a private street within a planned unit develop-
ment (PUD), provided that the private street meets all the
requirements and specifications for paved public streets and
has been inspected by the City and approved by the City Commi-
sion .
(2) has electrical service, approved sanitary sewer and potable
water systems installed; and
(3) has streets constructed to grade height
c. No building or structure shall be constructed, altered, repaired,
enlarged or moved until a building, plumbing, electrical and/or
a heating, air conditioning, ventillation (H.A.C.V.) permit
shall have been obtained from the City and the appropriate fee
paid.
d. Prior to the issuance of a building permit, the City shall ensure
that such construction shall comply with these regulations, or any
other applicable law, and shall require a certified survey of said
property.
e. The acceptance of a building, plumbing, or electrical or H.A.C.V.
permit by any person shall be deemed consent to the inspection of
said property by any agent of the City at any time in order to as-
certain compliance with these regulations.
f. Each application for a building permit shall be accompanied by a
plot plan in duplicate, drawn to scale, showing the actual dimen-
sions of the lot to be built upon; the size, shape and location of
the building to be erected; and such other information as may be
necessary to provide the enforcement of this chapter.
1 3-13
g. A record of such applications and plats shall be kept in the office
of the Administrative Official.
h. Where application is made to enlarge an existing nonconforming use,
the application shall be accompanied by an affidavit giving the de-
scription of the premises owned at the date of passage of this chap-
ter.
6. Construction Within the Districts
a. Temporary Construction Trailers or Structures
Any person, firm or corporation may obtain a permit from the Admini-
strative Official for the construction and/or use of a temporary
trailer or structure to be used as a construction shed and tool house
for contractors and construction workers on the site. This tempor-
ary trailer or structure shall not be placed or erected on the pro-
perty prior to the issuance of a building permit for the applicable
construction, and shall be immediately removed upon completion of
the said construction project or the expiration of a period of six
months, whichever comes sooner, from the date of issuance of the
building permit.
It shall be a violation of this section for any person, firm or cor-
poration to use said construction trailer or structure for sales
purposes without first applying to and receiving written permission
from the City.
Construction trailers and structures shall not be used for the
purpose of living quarters, and said 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. All Structures
All structures shall be constructed, altered, repaired, enlarged,
moved or demolished in accordance with building and related codes
adopted by the City. This section shall be administered by the
Administrative Official.
3-14
D. ENFORCEMENT
The City of Atlantic Beach has the authority to enforce this section.
E. GENERAL PROVISIONS AND EXCEPTIONS
1. Rules for Determining Boundaries
Where uncertainty exists with respect to the boundaries of any of
the districts, as shown on the Zoning Map, the following rules shall
apply:
a. Unless otherwise indicated, the district boundaries are in-
dicated as approximately following property lines; land lot
lines; center lines of streets, highways or alleys; shorelines
of streams, reservoirs or other bodies of water; or civil boun-
daries; and they shall be construed to follow such lines.
b. Where district boundaries are approximately parallel to the
center lines of streets, highways or railroads; streams, reser-
voirs or other bodies of water, or said lines extended, such
district boundaries shall be construed as being parallel thereto
and at such distance therefrom as indicated on the Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Zoning Map.
c. Where a district boundary line, as appearing on the Zoning Map,
divides a lot which is in single ownership at the time of enact-
ment, the use classification of the large portion may be extended
to the remainder of the property by the Administrative Official
without recourse to the amendment procedure.
d. Where a public road, street or alley is officially vacated or
abandoned, the regulations applicable to the property to which
it is reverted shall apply to such vacated or abandoned road,
street or alley.
e. In case the exact location of a boundary cannot be determined by
the foregoing methods, the Board of Adjustment shall, upon appli-
cation, determine the 'location of the boundary.
2. General Restrictions Upon Land, Buildings and Structures
a. Use
No building or structure shall be erected, and no existing building
shall be moved, altered, added to or enlarged, nor shall any land,
building, structure or premises be used, designed or intended to be
used for any purpose or in any manner other than a use designated
in this code, as allowed in the district in which such land, build-
ing, structure or premises are located.
3-15
b. Height
No structure or building shall be erected, nor shall any existing
building be moved, reconditioned or structurally altered so as to
exceed the height limit specified in this code for the district
in which such building or structure is located.
c. Percentage of Lot Occupancy
No building or structure shall be erected, nor shall any existing
building or structure be moved, altered, enlarged or rebuilt, nor
shall any open space surrounding any building or structure be en-
croached upon or reduced in any manner, except in conformity with
the building site requirements and the area and parking space and
yard regulations established by this code for the district in which
such building or structure is located.
d. Density of Population
No building, structure or premises shall be erected or occupied
or used so as to provide a greater density of population than is
allowed under the terms of this ordinance for the district in which
such building, structure or premises are located.
e. Open Space Use Limitation
No yard or other open space provided about any building or structure
for the purpose of complying with the regulations of this
ordinance shall be considered as providing a yard or open space for
any other building or structure.
f. Required Lot and Occupancy
Every building or structure hereafter erected shall be located
on a lot or tract as defined herein; and in no case shall there
be more than one (1) building on one (1) lot, except as provided
in this code.
g. Construction of nearby single family and duplex dwellings which
are duplicates or externally similar shall be avoided. Such similarity.
considers the external configuration and appearance (i.e., roof,
outer wall materials, window size and design, and other like
characteristics) of structures. In accord with the foregoing, similar
or duplicate homes shall not be constructed within close proximity
of each other, and shall be at least five hundred feet apart if any
one similar dwelling is visible from any other similar dwelling.
h. Temporary Residence
No trailer, basement, tent, shack, garage, camper, bus, or other
accessory building or vehicle in any district shall be used as a
residence, temporarily or permanently, nor shall any such residence
of temporary character be permitted.
3-16
i. Minimum Lot Coverage
a) One Story - One thousand square feet enclosed heated living area.
b) Two Story - Six hundred and fifty square feet enclosed coverage on
the ground floor and not less than a total of one thousand square
feet enclosed heated area.
c) Two family residence (duplex) - each living unit shall have nine
hundred square feet of enclosed living area.
d) Apartment Type Net Area
Efficiency with bedroom area combined 480 sq. ft.
with other living areas
1 bedroom with individual bedroom area 575 sq. ft.
permanently partitioned from other
living areas
2 bedrooms with each individual bedroom 700 sq. ft.
area permanently partitioned
from the living areas.
3 bedrooms with each individual bedroom 840 sq. ft.
area permanently partitioned from other
living areas
4 bedrooms with each individual bedroom 990 sq. ft.
area permanently partitioned from
other living areas.
Over 4 bedrooms, add 150 sq. ft. per
additional room
3. Substandard Lots of Record
Where a lot or parcel of land has an area or frontage which does not
conform with the Pequirements of the district in which it is located,
but was a lot of record at the effective date of this code, such lot
or parcel of land may be used for a single-family dwelling in any
residential district, providing the minimum yard requirements for sub-
standard lots (see Language and Definitions) are maintained.
3-16(a)
4. Yards
a. Obstructions
Every part of a required yard shall be open from its lowest
point to the sky, unobstructed except for the ordinary projection
of sills, belt courses, cornices, buttresses, ornamental features,
chimneys, flues and eaves. No such projection s-all exceed
thirty (30) inches in width.
b. Double Frontage Lots
On double frontage lots, the required front yard shall be provided
on each street.
5. Nonconforming Uses or Buildings
a. Continuation of Nonconforming Uses or Buildings
Where at the time of adoption of this code, lawful uses of land
exist which would not be permitted by the regulations imposed by
this code, the uses may be continued so long as they remain other-
wise lawful, provided:
(1) No such nonconforming uses shall be enlarged or increased,
nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of
this code.
(a) Unsafe Buildings or Structures. Any structure or build-
ing or portion thereof declared unsafe may be restored
to a safe condition. Permits are required.
(b) Alterations. A nonconforming building may be maintained,
and repairs and alterations shall be made, except that
no structural alterations shall be made except those re-
quired by law, including eminent domain proceedings.
Repairs, such as plumbing or changing of partitions or
other alterations, are permitted. Permits are required.
(2) No such nonconforming uses shall be moved in whole or in part
to any portion of the lot or parcel other than that occupied
by such uses at the effective date of adoption or amendment
of this code.
(3) If any such nonconforming uses of land are discontinued or
abandoned voluntarily for that use for a period of at least
six (6) months, any subsequent use of such land shall con-
form to the regulations specified by this code for the dis-
trict in which such land is located. If fifty (50) percent
of the structure for such nonconforming use is destroyed,
the structure shall not be reconstructed for any nonconforming
use.
3-17
(4) No additional structure not conforming to the requirements
of this code shall be erected in connection with such non-
conforming use of land.
b. Reversion
A nonconforming use which is changed to a conforming use shall
not be permitted to revert to any nonconforming use.
c. Nonconformance Not Grounds for Variance
The presence of a nonconforming use or structure in a zoning dis-
trict shall not in and of itself be allowable as legal grounds
for granting of variances for other surrounding properties.
,n
F. ESTABLISHMENT OF DISTRICTS
1. Introduction
The City of Atlantic Beach is hereby divided into zoning districts,
as listed and described below, with such requirements as set forth
for the purpose of implementing the goals and objectives of the
Comprehensive Plan. The following is established in this article:
a. The intent of each district.
b. General requirements for each district.
1. Permitted Uses
2. Uses by Exception
3. Minimum Lot or Site Requirements
4. Minimum Yard Requirements
5. Building Restrictions
2. Districts Established
The corporate area of Atlantic Beach is divided into districts as
follows:
District Description
OR Open Rural
RS-1 Residential Single Family
RS-2 Residential Single Family
RG-1 Residential General-Two Family
RG-2 Residential General-Multiple Family
RG-3 Residential General-Multiple Family
RMH Residential Mobile Home
CL Commercial Limited
CG Commercial General
CI Commercial Intensive
ILW Industrial Light and Warehousing
3-19
OR Open Rural
(1) Intent. These districts are composed of large, open land areas,
public and private. It is intended that these districts retain
in so far as desirable and practical the open character of the
land; to that end permitted uses are basically limited to
conservation, recreation, forestry, and with certain limitations
of the uses not contrary to the character of these districts, it
is anticipated that controlled growth in the community will be
considered through the Planned Unit Development process.
(2) Permitted Uses
(a) Agriculture, horticulture and forestry (excluding the
keeping and raising of farm animals and poultry.
(b) Game preserves, wildlife management, water sheds, water
reservoirs
(c) Golf course, parks, campgrounds, recreation areas, play-
grounds
(d) Government s ue-tvres : A 'e"-
(3) Uses by Exception
(a) Churches Atvd Cer�TY;PS
(b) Radio or television transmitters, antennas, etc.
(c) Airport, airpark, airstrip, and airfields
(d) Rifle, shotgun, or pistol shooting range, field archery range,
golf driving range
(4) Minimum Lot or Site Requirements
(a) Lot or site area: N/A .
(b) Lot width: N/A
(c) Lot depth: N/A
(5) Minimum Yard Requirements
(a) Front yard: N/A
(b) Rear yard: N/A
(c) Side yard: N/A
(6) Building Restrictions
(a) Maximum lot coverage: N/A
(b) Maximum building height: N/A
(c) Maximum density: N/A
3-19(a)
a. RS-1 Residential Single Family
(1) Intent. These districts are intended for development of low
density single family residential areas.
(2) Permitted Uses
(a) Single family dwellings
(b) Accessory uses
(c) Planned Unit Developments
d
(3) Uses by Exception
(a) Churches
(b) Public and private recreational facilities
(c) Schools
(4) Minimum Lot or Site Requirements
(a) Lot or site area: 7,500 square feet
(b) Lot width: 75 feet
(c) Lot depth: 100 feet
(5) Minimum Yard Requirements
(a) Front yard: 20 feet
(b) Rear yard: 20 feet
(c) Side yard: 7.5 feet
(6) Building Restrictions
(a) Maximum lot coverage: 35 percent
(b) Maximum building height: 35 feet
(c) Maximum density: ' (1)
3-20
b. RS-2 Residential Single Family
(1) Intent. These districts are intended to apply to a predominately
developed area of single family dwellings with lots smaller than
those in the RS-1 district.
(2) Permitted Uses
(a) Single family dwellings
(b) Accessory uses
(c) Planned Unit Developments
. 6 y-,
(3) Uses by Exception
(a) Churches
(b) Public and private recreational facilities
(c) Schools
(d) Home occupations
(4) Minimum Lot or Site Requirements
(a) Lot or site area: 5,000 square feet
(b) Lot width: 50 feet
(c) Lot depth: 100 feet
(5) Minimum Yard Requirements
(a) Front yard: 20 feet
(b) Rear yard: 20 feet
(c) Side yard: 15 Total feet
5 Minimum feet
(6) Building Restrictions
(a) Maximum lot coverage: 35 percent
(b) Maximum building height: 35 feet
(c) Maximum density: (1)
3-21
c. RG-1 Residential General - Two-Family
(1) Intent. These districts are intended for development of medium
density two-family residential areas.
(2) Permitted Uses
(a) Single family dwellings
(b) Two-family dwellings
(c) Accessory uses
(d) Planned Unit Developments
(e) Townhouses and rowhouses (r
equires filing a plat when sold)
(3) Uses by Exception
(a) Child Care Center
(b) Churches
(c) Public and private recreational facilities
(d) Schools
(e) Home Occupations
(f) Family Care Homes
(g) Foster Care Homes
(4) Minimum Lot or Site Requirements
(a) Lot or site area: 5,000 square feet - one family
5,000 square feet - two family
(b) Lot width: 50 feet
(c) Lot depth: 100 feet
(5) Minimum Yard Requirements
(a) Front yard: 20 feet
(b) Rear yard: 20 feet
(c) Side yard: 15 feet Total
5 feet Minimum
(6) Building Restrictions
(a) Maximum lot coverage: 35 percent
(b) Maximum building height: 35 feet
(c) Maximum density: (1)
3-22
d. RG-2
and
RG-3 Residential General - Multiple Family
(1) Intent. These districts are intended for development of medium to
high density multiple family residential areas.
(2) Permitted Uses
(a) Single family dwellings
(b) Two-family dwellings
(c) Multiple family dwellings
(d) Accessory uses
(e) Planned unit developments
(f) Townhouses and rowhouses (requires filing plat when sold)
(3) Uses by Exception
(a) Child care center
(b) Churches
(c) Public and private recreation facilities
(d) Schools
(e) Home occupations
(f) Group care homes
(g) Foster care home
(4) Minimum Lot or Site Requirements
(a) Lot or site area: RG-2 - One Family 5,000 square feet
Two family 5,600 square feet
Multi-family *
RG-3 - One Family 5,000 square feet
Two family 5,600 square feet
Multi-family 10*
(b) Lot width: ARG-2 - One Family 50 feet
Two Family d�.5-feet
Multi-family 75 feet
RG-3 - One Family 50 feet
Two Family 75 feet
Multi-family 75 feet
(c) Lot depth: RG-2 - One Family 100 feet
Two Family 100 feet
Multi-fam. 100 feet
RG-3 - One Family 100 feet
Two Family 100 feet
Multi-fam. 100 feet
3-23
(5) Minimum Yard Requirements
(a) Front yard: RG-2 One Family 20 feet
Two Family 20 feet
Multi-family 20 feet
RG-3 One Family 20 feet
Two Family 20 feet
Multi-family 20 feet
(b) Rear yard: RG-2 One Family 20 feet
Two Family 20 feet
Multi-family 20 feet
RG-3 One Family 20 feet
Two Family 20 feet
Multi-family 20 feet
(c) Side yard: RG-2 One Family 15 feet Total
5 feet Min.
Two Family 7.5 feet
Multi-family 15 feet
RG-3 One Family 15 feet Total
5 feet Min.
Two Family 7.5 feet
Multi-family 15 feet
(6) Building Restrictions
(a) Maximum lot coverage: RG-2 One Family 35 percent
Two Family 35 percent
Multi-family 35 percent
RG-3 One Family 35 percent
Two Family 35 percent
Multi-family 35 percent
(b) Maximum bldg. height: RG-2 One Family 35 feet
Two Family 35 feet
Multi-family 35 feet
RG-3 One Family 35 feet
One Family 35 feet
Multi-family 35 feet
(c) Maximum density: RG-2 One Family (1)
Two Family (1)
Multi-family 15
RG-3 One Family (1)
Two Family (1)
Multi-family 20
* 5,000 sq. ft. for first family unit and 2,904 sq. ft. for each add'l unit.
** 5,000 sq. ft. for first family unit and 2,178 sq. ft. for each add'l unit.
3-24
e. RMH Residential Mobile Home
(1) Intent. These districts are intended for development of lots
for mobile homes located in mobile home subdivisions or mobile
home parks. The areas are not intended for permanent single
family structures.
(2) Permitted Uses
(a) Mobile home parks or
mobile home subdivisions
(3) Uses by Exception
(a) Service families to meet only
the requirements of the occupants of
a mobile home park. (Minimum 75 spaces)
(4) Minimum Lot or Site Requirements
(a) Lot or site area: 4,000 square feet
(b) Lot width: 40 feet
(c) Lot depth: 100 feet
(5) Minimum Yard Requirements
(a) Front yard: 20 feet
(b) Rear yard: 20 feet
(c) Side yard: 7.5 feet
(6) Building Restrictions
(a) Maximum lot coverage: 35 percent
(b) Maximum building height: 20 feet
(c) Maximum density: 10
Mobile Home Parks and Mobile Home Subdivisions must have a minimum site
area of 5 acres.
3-25
(f) CL Commercial Limited
(1) Intent. These districts are intended for low intensity commercial
uses and business and professional offices which are suitable within
close proximity to RS districts
(2) Permitted Uses
(a) Service Establishments such as barber or beauty shop, shoe
repair, laundry or dry cleaning pick-up, tailer or dressmaker
(b) Art gallery, library, museum
(c) Medical and dental offices (but not clinic or hospital)
(d) Professional offices such as accountant, architect, attorney,
engineer, optometrist and similar uses.
(e) Business offices such as real estate broker, insurance agent,
manufacturing agent and similar uses.
(f) Banks and financial institutions
(g) Convenience food stores but not super markets
(h) Apothecary
(3) Uses by Exception
(a) Medical or dental clinic
(b) Child care center
(c) Church
(d) Restaurant (not drive-in)
(e) Convenience food store with retail sale of gasoline
(4) Minimum Lot or Site Requirements
(a) Lot or site area: 5,000 square feet
(b) Lot width: 50 feet
(c) Lot depth; 100 feet
(5) Minimum Yard Requirements
(a) Front yard: 20* feet
(b) Rear yard: 20 feet
(c) Side yard: 10 feet
3-26
(6) Building Restrictions
(a) Maximum lot coverage: 65 percent
(b) Maximum building height: 35
(c) Maximum density: -
* If buildings adjacent have provided a lesser front yard, front yard shall
be the average of buildings on adjacent lots. Where lot is adjacent to
RS and RG districts, front yard shall meet the requirements for such
adjacent property.
* • '
heftht.
•
3-27
(g) CG Commercial General
(1) Intent. These districts are intended to provide general retail
sales and services for the city as a whole. These districts
should have direct access to major thoroughfares and are well
suited for development of community shopping centers.
(2) Permitted Uses
(a) Retail outlets for sale of food and drugs, wearing apparel,
toys, sundries and notions, books and stationery, luggage,
jewelry, art, cameras, 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 and
similar uses. -
(b) Service establishments such as barber or beauty shop, shoe
repair, restaurant, gymnasium, laundry or dry cleaner,
funeral home, job printing, radio and television repair.
(c) Banks, loan companies, mortgage brokers, stockbrokers and
similar financial institutions.
(d) Business and professional offices
(e) Hotels and motels
(f) Retail plant nursery
(g) Retail sale of beer and wine
(h) Auto service station (not repair) , car wash
(i) Theater
(3) Uses by Exception
•
(a) Animal kennel
(b) Veterinarian clinic
(c) Child care center
(d) On premise consumption of liquor, beer and wine
(e) Limited wholesale operation
(f) Contractor, not requiring outside storage
(g) Limited warehousing
(h) Marina
(i) Churches
3-28
(4) Minimum Lot or Site Requirements
(a) Lot or site area: -
(b) Lot width: -
(c) Lot depth: -
(5) Minimum Yard Requirements
(a) Front yard: 20* feet
(b) Rear yard: 20 feet
(c) Side yard: 10 feet
(6) Building Restrictions
(a) Maximum lot coverage:
(b) Maximum building height: 35 +ft feet
(c) Maximum density: -
* If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is
adjacent to RS and RG districts, front yard shall meet the requirements
for such adjacent property.
in hcight.
3-29
(h) CI Commercial Intensive
(1) Intent. These districts are intended for high intensive sales and
services which require a conspicuous and accessible location with
direct access to highways. These uses are generally more intensive
than CL and CG uses and require ample off-street parking and
loading.
(2) Permitted Uses
(a) Retail outlets for sale of general merchandise, including new
or used automobiles, trucks and tractors, mobile homes, boats,
vehicle parts (but not wrecking yards, storage yards, junk
yards or scrap processing yards) , heavy machinery and equipment,
plant nursery, lumber and building supplies and similar products.
(b) Service establishments of all kinds including automotive service
station or truck stop repair and service garage, amusement park,
circus, wholesale establishments, produce markets, steam laundry,
contractors yard and similar uses.
(c) Hotel and motel
(d) Restaurant (including drive-in)
(e) Bar and lounge
(f) Theater
(3) Uses by Exception
(a) Child care center
(b) Church
(c) Hospital, sanitarium
(d) Nursing home, group housing •
(e) Racetracks
(f) Theater (open air)
(g) Mini-warehouse
(h) Marina
(4) Minimum Lot or Site Requirements
(a) Lot or site area: -
(b) Lot width: -
(c) Lot depth:
3-30
(5) Minimum Yard Requirements
(a) Front yard: 20* feet
(b) Rear yard: 20 feet
(c) Side yard: 10 feet
(6) Building Restrictions
(a) Maximum lot coverage: -
(b) Maximum building height: 35 401. feet
(c) Maximum density: -
* If buildings adjacent have provided a lesser front yard, front yard
shall be the average of buildings on adjacent lots. Where lot is
adjacent to RS and RG districts, front yard shall meet the requirements
for such adjacent property.
-- - - - - - 35 '
3-31
(i) ILW Industrial Light and Warehousing
(1) Intent. These districts are intended for light manufacturing, storage
and warehousing, processing or fabrication of non-objectionable
products, not involving the use of materials, processes or machinery
likely to cause undesirable effects upon nearby or adjacent residential
or commercial activities related to the character of the district
and supporting its activities are permitted.
(2) Permitted Uses
(a) Wholesaling, warehousing, storage or distribution establishments
and similar uses.
(b) Light manufacturing, processing (including food processing, but
not a slaughter house) , packaging, or fabricating in completely
enclosed building.
(c) Bulk storage yards, not including bulk storage of flammable
liquids.
(d) Outdoor storage yards and lots (providing front yards and 6'
fence and excluding junk yards)
(e) Establishments for sale and repair of new and used automobiles,
motorcycles, trucks and tractors, boats, automotive vehicle
parts and accessories (except junk yards) , heavy machinery
and equipment, farm equipment, lumber and building supplies,
monuments and similar uses.
(f) Heating and air conditioning, welding, sheet metal works,
plumbing and electrical sales, laundries and dry cleaning,
bakeries, bottling plants and similar uses. _
(g) Vocational, technical, trade or industrial schools and similar
uses.
(3) Uses by Exception •
(a) Bulk storage of flammable liquids subject to provisions of
County and State fire codes.
(b) Radio and T.V. transmitting towers
(c) Asphalt or concrete batching plants
(4) Minimum Lot or Site Requirements
(a) Lot or site area: -
(b) Lot width: --
(c) Lot depth: --
3-32
(5) Minimum Yard Requirements
(a) Front yard: 20* feet
(b) Rear yard: 20 feet
(c) Side yard: 10 feet
(6) Building Restrictions
(a) Maximum lot coverage: -
(b) Maximum building height: 35 41, feet
(c) Maximum density: -
* If buildings adjacent have provided a lesser front yard,
front yard shall be the average of buildings on adjacent
lots. Where lot is adjacent to RS and RG districts, front
yard shall meet the requirements for such adjacent property.
-
35' iffier height.
3-33
G. SPECIAL USE DISTRICT
1. Planned Unit Development (PUD)
a. Intent
The purpose of the planned unit development is to encourage
imaginative design to create a more desirable environment than
would be possible through the strict application of the
minimum requirements of the land use regulations. This
alternative should introduce a variety of architectural solutions,
provide for the preservation of natural open space, and make
efficient use of developable land. Although such planned
unit developments may depart from the strict application of the
land development regulations for the district or districts in
which it is proposed to be located, such developments are to
be compatible with the Comprehensive Plan and platted of record
in accordance with the subdivision regulations.
b. PUD Defined
For the purpose of this regulation a Planned Unit Development
(PUD) shall mean a land area under unified control designed
and planned to be developed in a single operation or by a
series of prescheduled development phases according to an
officially approved Development Plan.
c. Permitted Uses
Any use which is permitted or permissible by exception in any
district may be included in a PUD.
d. Site Requirements
The minimum site area required is two (2) acres.
e. Yard Requirements
(1) Setback. A minimum twenty-five (25) foot setback shall
be maintained between the walls of all structures and the
perimeter of the PUD. Individual lot setbacks shall be
established in the approved final development plan.
(2) Minimum Distances Between Structures. The minimum
distances between structures shall be:
(a) Between structures of two (2) stories or less -
ten (10) feet.
(b) Between structures of three (3) and four (4)
stories - twenty (20) feet.
(c) Between structures of varying heights - the larger
distance separation shall be required.
1-1/. - - _
f. Special Requirements
(1) Unified Ownership or Control. The title to all land
within a proposed site for a planned unit development
shall be owned or controlled by the developer submitting
the applications provided for under this section. The
term "controlled by" shall be interpreted to mean
that such developer shall have the written consent of
all owners of property within the proposed site not
wholly owned by the developer. Such consent shall
contain a statement that such developer is authorized
to represent such owners in the submission of an applica-
tion under the provisions of this section and that such
owners shall agree to be bound by the decision of the City
Commission in the event such application is approved.
(2) Minimum Common Recreation and Open Space
(a) The minimum common recreation and open space shall
consist of twenty-five percent of the
gross site acreage.
(b) Easements, parking areas, road rights-of-way or
minimum yards and spacings between dwelling units
may not be included in determining usable open
space. Water areas may be used to partially fulfill
open space requirements, calculations for such may
not exceed three-fourths (3/4) of the required open
space.
(c) All privately owned common open space shall continue
to conform to its intended use and remain as expressed
in the final development plan through the inclusion
in all deeds of appropriate restrictions to ensure
that the common open space is permanently preserved
according to the final development plan. Such deed
restrictions shall run with the land and be for the
benefit of present as well.as future property owners
and shall contain a prohibition against partition.
(d) All common open space, as well as public and recreational
facilities, shall be specifically included in the
development plan and be constructed and fully improved
by the developer at an equivalent or greater rate than
the construction of residential structures.
(e) If the developer elects to administer common open space
through an association or nonprofit corporation,
such organization shall conform to the following
requirements.
1) The developer must establish the association or
nonprofit corporation prior to the sale of any
lots or units within the PUD.
3-35
2) Membership in the association or nonprofit corporation
shall be mandatory for all residential property
owners within the PUD.
3) The association or nonprofit corporation shall
manage all common open space and recreational and
cultural facilities that are not dedicated to the
public; shall provide for the maintenance, administration
and operation of such land and any other land within
the PUD not publicly or privately owned; and shall
secure adequate liability insurance on the land.
(3) Development Standards. The minimum construction requirements
for streets, sidewalks, sewer facilities, utilities and
drainage shall be in compliance with the requirements of the
Subdivision Regulations.
g. Procedure for Preliminary Development Plan Approval
The following procedures, applications and exhibits shall be
required when applying for approval of a preliminary development
plan.
(1) Preapplication Conference. Before submission of a preliminary
application for approval as a PUD, the developer shall meet
with the Administrative Official and such other personnel
as may be necessary to determine the feasibility and suitability
of the application. This step is required so that the developer
may obtain information and guidance from city personnel before
entering into any binding commitments or incurring substantial
expenses of the site and plan preparation.
(2) Preliminary Development Plan Application
(a) Preliminary Application. A preliminary application
shall be submitted to the Administrative Official by
the developer requesting approval of the site as a
planned unit development. Such preliminary application
shall contain the names of the developer, surveyor
and engineer who prepared the development plan and
topographic data map, and the name of the proposed PUD.
It must also contain a written description of the
intended plan of development, clearly indicating where
approval of the PUD would benefit the community as a
whole and fulfill the intent of PUD.
(b) Exhibits. The following exhibits shall be attached to
the preliminary application.
1) Vicinity map indicating the relationship between the
PUD and its surrounding area, including adjacent
streets and thoroughfares.
2) Development plan that shall contain, but not be
limited to, the following information:
a) Proposed name or title of project, the name of
3-36
the engineer, architect and developer.
b) North arrow, scale of one inch equals two
hundred feet (1" = 200') or larger, date and
legal description of the proposed site.
c) Boundaries of the tract shown with bearings,
distances, closures and bulkhead lines. All
existing easements, section lines, streets and
physical features in and adjoining the project
and zoning.
d) Names and locations of adjoining developments
and subdivisions.
e) Proposed parks, school sites or other public and
private open space.
f) Vehicular and pedestrian circulation systems, includ-
ing off-street parking and loading areas, drive-
ways and access points.
g) Site data, including tabulation of the total
number of gross acres in the project, the
acreage to be devoted to each of the several
types of primary residential, secondary non-
residential uses and open space uses, the total
number of dwelling units and square feet of gross
nonresidential building area.
h) Proposed common open space, including the proposed
improvements and any complementary structures, and
the tabulation of the percent of the total area
devoted to common open space. Areas qualifying
for common open space shall be specifically desig-
nated on the site plan.
i) General statement indicating proposed means of
drainage for the site to ensure conformity with
natural drainage within the vicinity area or
with the drainage plan established within the
vicinity area.
j) Delineation of specific areas designated as a
proposed stage.
k) General location within the site of each primary
residential and secondary nonresidential use, and the
proposed amount of land to be devoted to individual
ownership.
1) General statement indicating source of potable water
and wastewater disposal.
m) The proposed method of dedication and administration
of the proposed common open space.
3-37
3) Topographic data map drawn to a scale of one inch
equals two hundred feet (1" = 200') or larger by a
registered surveyor and/or engineer, showing:
a) The location of the existing property lines
for private property and public property, streets,
buildings, water courses, transmission lines,
sewers, bridges, culverts and drain pipes,
water mains and any public utility easements.
b) Wooded areas, streams, lakes, marshes and any
physical conditions affecting the site.
c) Existing contours, based on U.S. Coast and
Geodetic data with a contour interval of two (2)
feet, and proposed finished elevations.
(3) Application and Review Procedures
(a) The PUD zoning application and preliminary develop-
ment plan shall be submitted to the Administrative Offi-
cial at least thirty (30) days prior to the meeting
of the Planning Agency at which meeting such application
is to be considered in a public hearing.
(b) The Administrative Official shall review the preliminary
development plan to determine its conformity with
the Comprehensive Plan, policies of the City and the
requirements of this section.
(c) Upon completion of the review of the preliminary
development plan and all exhibits, the Planning Agency
shall recommend to the City Commission the approval,
approval subject to conditions or disapproval of the
preliminary plan application.
(d) Upon receiving the recommendations of the Planning
Agency, the City Commission shall, at a properly
announced public hearing, review such recommendations
and preliminary development plan and approve,
approve subject to conditions or disapprove the
prelininary development plan application. Approval of
the prelininary development plan indicates approval
of the PUD zoning, subject to acceptance of the
final development plan. The decision of the City
Commission shall be based upon a consideration of the
facts specified as review criteria in this section for
the Planning Agency and such other matters as the
City Commission may deem appropriate.
(e) A fee to be determined by the City Commission shall
accompany the PUD application for the purposes of
administration.
3-38
(f) The application shall include eight (8) black
or blueline prints of the preliminary development
plan for the PUD and eight (8) copies of the
required exhibits.
(4) Review Criteria. The recommendations of the Planning
Agency to the City Commission on the prelininary
development plan application shall consider the following
facts:
(a) Degree of consistency of the proposed PUD with
surrounding area in terms of character and density.
(b) Provision for and adequacy of future public educa-
tion and recreation facilities, transportation,
water supply, sewage disposal, surface drainage,
glood control and soil conservation.
(c) The nature, intent and compatibility of common
open space, including the proposed method for the
maintenance and conservation of open space.
(d) The feasibility and compatibility of the specified
stages contained in the preliminary development plan
to exist as an independent development.
(e) The benefits inherent in a PUD classification to the
general public that justify the requested departure
from standard land use requirements.
(f) The conformity and compatibility of the PUD with the
Comprehensive Plan.
h. Procedure for Securing Approval of a Final Development Plan
The developer shall have one (1) year from the approval of the
preliminary development plan for a PUD to file a final development
plan application. At the request of •the developer, and for good
cause shown, the City Commission may extend such period required
for the filing of such application for a time certain, not to
exceed one (1) year.
(1) Required Exhibits. The following exhibits shall be attached
to the final development plan application.
(a) Engineering Plans showing:
1) Typical cross-sections of proposed grading streets
and sidewalks, canals and waterways.
2) Final engineering drawings of water, sanitary
sewer and storm drainage systems; sidewalks; streets;
bulkheads; street name signs and lighting.
3) Such engineering plans shall be in conformity with
the requrements and specifications of the Subdivision
Regulations.
3-39
(b) Final Development Plan containing, in addition to those
items specified in the preceding paragraphs, the
following information:
1) Dedication by owner and completed certificate of
surveyor.
2) The location, dimensions and character of
construction of all proposed streets, driveways,
points of ingress and egress, loading areas, number
of parking spaces and areas, primary residential
areas and structures, secondary nonresidential
areas and structures, recreational areas and structures
and common open space.
3) Proposed lot lines (if any) , lot and block numbers
and dimensions of all primary nonresidential uses
and secondary nonresidential uses and common open
space.
4) The proposed architectural and landscape deed
restrictions that clearly reflect the compatibility
of the variety of primary and secondary uses proposed.
5) Location and width of canals and waterways.
6) Reservations, easements, alleys and any areas to be
dedicated to the public uses and sites for other
than residential use, with notes stating their purpose
and any limitations.
7) A legal description of the PUD boundaries with
bearings, distances and tie point.
8) Accurate location and description of all monuments and
markers.
9) The final development plan shall meet the platting
requirements of Florida Statutes, Chapter 177.
(c) Development Schedule. The development schedule shall
contain the following information:
1) The order of construction of the proposed stages
delineated in the final development plan.
2) Approximate date for the beginning of construction
on such stages.
3) Approximate date for the completion of construction
on such stages.
4) The proposed schedule for the construction and
improvement of common open space within such stages,
including any complementary buildings.
3-40
(d) Deed Restrictions. Deed restriction proposals to
preserve the character of the common open space and
to establish compatible architectural and landscape
designs shall be submitted. Such deed restrictions
shall include a prohibition against partition by
any residential property owner.
(e) Association or Nonprofit Corporation. If the
developer elects this method of administering common
open space, the proposed bylaws of the association or
the certificate of incorporation and the corporate
by-laws of the nonprofit corporation shall be submitted
for approval by the City Commission.
(f) Instruments. Instruments dedicating all rights-of-way,
easements and other public land shown on the final
development plan from all persons having any interest
in such land.
(g) Bill of Sale. A bill of sale conveying to the Local
Government all water lines, sewer utility lines, mains,
lift stations and other personal property required to be
installed by this section.
(h) Instruments. Instruments indicating that all necessary
off-site easements or dedications have been acquired.
(i) Title Opinion. A title opinion from an attorney showing
the status of the title of the site encompassed by the
final development plan and all liens, encumbrances and
defects, if any.
(j) Tax Receipts. Paid receipts from the City, State and
County, indicating taxes have been paid in full up to
and including the current period.
(2) Procedure
(a) A fee to be determined by the City Commission shall accompany
the final development plan application.
(b) The Planning Agency shall review the final development plan
for consistency with the preliminary development plan,
conformance with the requirements and purposes of this
section and ordinances and regulations of the City.
(c) The Planning Agency shall recommend in writing the approval,
approval subject to change or denial of the final development
plan.
(d) The Governing Body shall review the recommendations of the
Planning Agency at a regularly scheduled public meeting and
shall approve, approve subject to conditions or deny the
final development plan application.
3-41
(3) Permits Required.
A11 construction in the development of a PUD shall proceed
only under applicable permits and no building permit,
certificate or other document authorizing construction or
occupancy within a PUD shall be issued, except in accordance
with the approved development plan.
(4) Deviation.
Minor adjustments to the approved plans of a PUD may be
made by the Planning Agency which comply with the following
criteria:
(a) There is no increase in the number of units
(b) There is no increase in the number of stories or floor area
(c) There is no decrease in the amount of open space and
the open space is in the same general location.
(d) There is no major change in the location of traffic
routes.
(5) Expiration of Time Limits Provided in Ordinance Creating PUD.
If development actions required by the ordinance creating a
PUD are not taken within any time limits set by the City
Commission in such ordinance, the approval of a PUD as provided
in such ordinance shall become invalid and no further action
shall be permitted under same.
H. SUPPLEMENTARY REGULATIONS
1. Accessory Uses and Structures
a. Authorization
Accessory uses and structures are permitted in any zoning
district when such uses or structures are ancillary, in
connection with and incidental to the principal use or
structure allowed within the district' in question.
b. Accessory Uses by Zoning District
The following accessory uses and structures shall only be
permitted in the zoning districts as herein enumerated:
(1) In all residential dwelling districts (single-family,
two-family, and multi-family) .
(a) Antenna structures for television and radio, but
not microwave relay or transmission structures.
(b) Childrens' playhouse, not to exceed one hundred (100)
square feet of gross floor area and/or juvenile play
equipment.
3-42
(c) Fallout shelters.
(d) Private garages and carports,
liT-itatiGns:
1 : . :rage or carport, when us-. - - accessory
to a multip - - i.ence, shall be
designed . more than wo -icles per
dwelling unit.
3-42(a)
2j-- _Nk_truck tractor and/or railer and
not more e 1) commercial vehicle
e parked in a private-,-...enclosed garage.
I (e) Gazebos and similar structures.
(f) Private swimming pools and bathhouses.
(g) Tennis, basketball or volleyball or volleyball
courts and other similar private recreation uses.
(h) Storage/tool sheds.
(2) In all single-family residential, two-family residential, and
mobile home districts:
(a) Doghouses, pens and other similar structures for the
keeping of commonly accepted household pets.
(b) Parking of not more than two (2) major recreational
vehicles, including but not limited to boat trailers
not exceeding twenty-five (25) feet in length, camping
trailers, travel trailers, motorized dwellings, tent
trailers and horse vans, but subject to the following
limitations:
1) Such equipment shall not be used for living,
sleeping or other occupancy when parked.
2) Such equipment six (6) feet or more in average height
shall not be parked or stored in a garage, carport
or other structure and shall not be located in any
required front yard.
(3) In any zoning district:
(a) No accessory structure shall be occupied or utilized,
unless the principal structure to which it is accessory
is occupied or utilized.
(b) All accessory uses and structures shall comply with the
use limitations applicable in the zoning district in
which they are located.
(c) All accessory uses and structures shall comply with the
property development regulations applicable in the
zoning district in which they are located.
(d) All accessory uses and structures shall be arranged and
maintained so as not to encroach on any required
front yard.
(e) No accessory structures shall be used as a residence,
temporarily or permanently, nor shall any residence of temporal
character be permitted.
3-43
it ,
(f) Accessory building shall be in the rear yard area, shall
not be more than one story in height. Only one such building
shall be permitted on each lot. No part of any accessory
structure shall be nearer than five feet to any side or
rear lot line. On a corner lot, no part of any accessory
building shall project in front of the required setback
line on either street. Space shall not be leased or let
for any use or purpose other than those incident to the
use of the main building.
2. Child Care Centers
Child care centers, including day nurseries and kindergartens, whether
permitted or permissable shall be subject to the following conditions:
•
3-43(a)
a. Minimum lot area shall not be less than five thousand (5,000)
square feet.
b. Outdoor play area shall be totally fenced with a minimum four
foot high fence and the size of play area must meet the state
regulations for square feet per child. Play area shall be
located in the rear yard in residential districts.
c. The maximum number of children must be stated in the application
for exception and in no case shall the number of children
approved be exceeded.
d. A plan showing the location of the building to be used or
constructed on the lot, fenced play areas, off-street parking
loading and unloading facilities, ingress and egress shall be
submitted with the application for exception.
e. All facilities, operation and maintenance shall meet all appli-
cable City or State regulations for such use.
3. Churches
The minimum developmental criteria for churches in any district
where allowed shall include:
a. Adequate site area to accommodate all structures and required
off-site parking and circulation areas for motor vehicles, in
accordance with the parking schedule in these regulations.
b. Location on a collector or arterial street with adequate frontage
to accommodate ingress-egress driveways in proportion to expected
peak attendance levels in order not to disrupt roadway traffic.
c. Maintenance of the required clear sight triangle.
d. Building setbacks as required in the district in which the
facility is located.
•
e. Buffering in the form of hedge materials and/or fence or
wall, as appropriate, along lot lines adjacent to residential uses.
f. If there is a dwelling for clergy attached or on the same
premises, required open space for occupant use shall be:
(1) For single-family homes: as for the same use in a
district permitting single-family homes, even though
the premises may be in another district.
(2) For group homes (residence halls) : as for milti-family
dwellings.
3-44
4. Establishments Offerillg Dancing or Live_ Entertainment
If at any time the Governing Body shall determine, based upon
procedural due process, that the live entertainment for which a
4 conditional use permit has been issued constitutes a public or
private nuisance, is not in the best interests of the public,
is contrary to the general welfare or has an adverse effect upon
the public health, safety, comfort, good order, appearance
or value of property in the immediate or surrounding vicinity,
then the Governing Body may, upon such determination, revoke,
cancel or suspend such license, and any person or party apply-
ing for and receiving a conditional use permit for live enter-
tainment is hereby placed on notice that such permit may be can-
celed, revoked or suspended at any time pursuant to the provi-
sions of this section. Every conditional use permit hereafter
granted for live entertainment shall contain a recitation upon
the face thereof that the same is subject to revocation, cancel-
lation or suspension for the reasons stated in this subparagraph.
5. Exceptions to Height Limitations
a. Upon specific application, the City ColEullission may make
exceptions to the limitations and restrictions on height of
buildings in all zoning districts described in this
ordinance, except the single-family residential zoning
districts; provided, however, that in any instance wherin
such an exception is granted, the City Commission shall
prescribe the maximum allowable height of the building or
buildings involved.
b. Chimneys; water, fire, radio and television towers; church
spires, domes, cupolas, stage towers and scenery lofts;
cooling towers, elevators and stair bulkheads, smokestacks,
flag poles; parapet walls and similar structures and their
necessary mechanical appurtenances may be erected above the
height limits established by this ordinance without the
necessity of obtaining a waiver of or exception to the height
limitation by the City Coiiunission. However, the heights
of these structures shall not exceed the height limitations
prescribed by the Federal Aviation Administration (FAA)
within the flight approach zone patterns of airports. Plans
for construction in these areas shall be approved by the FAA
prior to submittal to the Administrative Official for site
plan approval.
6. Fences, Hedges and Walls'
a. Permit
(1) No owner or occupant of any property, or any other
person, shall erect, construct or install any fence
or wall without first obtaining a permit from the
Administrative Official.
(2) Prior to the issuance of any permit for the erection,
construction or installation of any fence or wall,
the Administrative Official shall first approve the type,
design and location of the proposed fence or wall to
be erected.
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b. Height
(1) No owner, occupant or other person shall erect, keep or
maintain in existence any fence, wall or structure
between the front property line and the front building
setback line exceeding four feet in height. In the
area between the front building setback line and the
rear property line, no fence or wall shall exceed six
feet in height.
(2) No owner, occupant or other person shall erect, keep or
maintain in existance any fence, wall or structure
exceeding four feet in height, nor plant, keep or
maintain any hedge, bush or shrubbery exceeding three
feet in height upon real property within a distance of
25 feet from the point where the right of way of any
road or street intersects the right of way of another
road or street.
7. ' Guardhouses and Security Buildings
a. "Guardhouse" or "security building" shall mean any structure
designed, built or used exclusively for the shelter
and on-duty accommodation of persons engaged in the protection,
guarding and security of persons and property.
b. Upon specific approval, by the City, of an application
for a building permit to install, construct or place
guardhouse or security building and issuance of a build-
ing permit, a guardhouse or security building may be
erected, installed, placed or constructed within any zoning
district.
c. Any person or party desiring to erect, install, place or
construct any guardhouse or security building shall apply
to the Administrative Official for a permit. Such application
shall meet all requirements of applications for building
permits and shall be accompanied by the building permit fee
required by the City for commercial structures.
d. Upon receipt of the application and filing fee, the City
shall, as soon as practicable, either approve and
authorize issuance of the permit, or deny the same. In the
event the permit is authorized, the Administrative Official
shall issue a permit for such guardhouse or security building.
e. No guardhouse or security building shall be occupied until
the time has passed all building inspections and a certificate of
occupancy has been issued.
f. When any guardhouse or security building has ceased to be
used for such purpose, as herein defined, and the same does
not meet all setback, square footage, electrical, plumbing
and other requirements of the ordinance for issuance of a
building permit as a principal use, accessory use or condi-
tional use in the zoning district where such building is
located, it shall be removed at the owner's expense unless
the City authorizes the continued use.
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8. Home Occupations
Home occupations are a permissable use by exception in all districts
a. No person other than members of the family residing on the premises
shall be engaged in such occupation.
b. No home occupation shall occupy more than twenty-five (25) percent
of the floor area of the dwelling unit.
c. No home occupation shall be conducted in an accessory building, but mus
be conducted in the residence of the proprietor.
d. The home occupation shall be clearly incidental and subordinate to its
residential use and shall, under no circumstances change the outside
appearance or the residential character of the building.
e. A nonilluminated name plate not exceeding one square foot in area,
mounted flat against the wall at a position not more than two (2)
feet distant from the main entrance to the residence.
f. No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off the lot. All motors
and equipment shall be shielded so as not to cause radio or
television interference.
g. There shall be no sale of commodities other than those made on the
premises provided that such sales shall be conducted within the
building and no display or advertising shall be visible from the
outside of the building.
h. Fabrication of articles such as are commonly classified under the
terms "arts" and "handicrafts" may be deemed a home occupation.
i. Home occupations shall not be construed to include uses which will
generate greater volumes of traffic than normally expected in a
residential neighborhood.
j . A plan showing the location and total floor area of the residence on th
lot, the area of room or rooms to be utilized for the home occupation,
ingress and egress from the public right of way, shall accompany
the application for exception or permit for the home occupation.
9. Off Street Parking and Loading.
a. General
Minimum off-street vehicular parking spaces shall be provided at
the time of the construction of any main building for the uses
described in this section. Such facilities shall be arranged for
convenient access and safety of pedestrians and vehicles; shall
be paved , adequately drained and maintained in a
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dust proof condition; shall provide barriers when located at the
perimeter of the lot to prevent encroachment on to adjacent
property; and when lighted, lights shall be directed away from
adjacent property. Parking areas and driveways shall not obstruct storm
water drainage swales, guttering, etc.
b. Plans Required
A plan shall be submitted with the application for a building permit
for any building requiring off-street parking and loading with
accurate dimensions for parking and loading spaces, access
aisles and driveways and location of parking and loading in relation-
ship to the buildings or uses to be served.
c. Measurement
Where floor area determines the amount of off-street parking and
loading required, the floor area of a building shall be the sums
of the gross horizontal area of every floor of the building, using
exterior wall dimensions. In places of public assembly in which
occupants utilize benches, pews or similar seating, each twenty-four
lineal inches of such seating shall be considered one seat. When
computations result in requirement of a fractional space, a fraction
equal to or more than one-half shall require a full space.
d. 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 most similar to the one sought, it being the
intent of this code to require all uses to provide off-street
parking and loading.
e. Location
(a) Parking spaces for dwellings shall be located on the same
perty with m in uildin to ell erved where feasible. Such
required trgnteyyarar ingfronteor�tfi tuilaingpsetnacKalinee) .the
(b) Parking spaces for other uses shall be provided on the same
lot or not more than four hundred (400) feet away.
f. Design Requirements
(a) Parking space dimension shall be a minimum of 10 feet by 20 feet.
(b) Handicapped parking spaces shall have a minimum width of 12 feet.
(c) Minimum width for one-way driveway aisle shall be 12 feet and
the minimum width for two-way driveway shall be 22 feet.
g. Parking Space Requirements
Auditoriums, Theaters or Other Places of Assembly.
One space for every four (4) seats or seating places.
3-48
Bowling Alleys. Four (4) spaces for each alley.
Business or Commercial Buildings. One (1) space for each three
hundred (300) square feet of gross floor area.
Churches, Temples or Places of Worship. One (1) space for each
four (4) seats or seating places.
Clubs or Lodges. One space for each four (4) seats or seating
places or one space for each two hundred square feet of gross
floor area, whichever is greater.
Dwelling Structures. Single family - 2 spaces per dwelling unit
Multiple family - 2 spaces per dwelling unit
plus one space for owner
or operator plus one space
for each two employees.
Hospitals, Sanitariums and Convalescent Homes. One and one-half
(11) space for each hospital bed.
Hotels and Motels. One (1) space for each sleeping unit plus spaces
required for accessory uses such as restaurants, lounges, etc.
Libraries and Museums. One (1) space for each 500 square feet of gross
floor area.
Manufacturing, Warehousing and Industrial Uses. One space for each
two (2) employees on the largest working shift, plus one (1) space
for each company vehicle operating from the premises.
Medical or Dental Clinic. One (1) space for each two hundred (200)
square feet of gross floor area.
Mortuaries. One (1) space for each four (4) seats or seating spaces in
chapel plus one (1) space for each three (3) employees.
Marinas. One (1) space for each boat berth plus one (1) space for
each (2) employees.
Office and Professional Buildings. One (1) space for each four
hundred (400) square feet of gross floor area.
Restaurants, Cocktail Lounges and/or other Eating Places.
One (1) space for each two (2) seats.
Rooming and Boarding Houses. One (1) space for each guest bedroom.
Schools and Educational Uses:
Elementary and Junior High Schools. Two (2) spaces for each
classroom, office and kitchen.
Senior High Schools. Six (6) spaces for each classroom plus
one (1) space for each staff member.
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Vocational, Trade and Business Schools. One (1) space for
each three hundred (300) square feet of gross floor area.
Day Care Centers. One and one-half (11) spaces for each employee.
Shopping Centers. Four (4) spaces for each 1000 square
feet of gross leasable area.
h. Off-Street Loading Spaces
Off-street loading spaces shall be provided and maintained for
hospital, institutions, single occupancy commercial or industrial
building, or similar use requiring the receipt or distribution by
vehicles of materials and merchandise as follows:
One (1) space for the first 10,000 square feet of gross floor area and
one (1) additional space for each twenty thousand (20,000) square
feet .of gross floor area, or fraction thereof, over and above the
first ten thousand (10,000) square feet.
10. Parking Lots
Off-street parking lots shall be a permissible use by exception in all
districts where such lots are within four hundred feet of a premises
requiring off-street parking, provided such lots in residential districts
shall also conform to the following:
/
(1) Such parking lots may be permitted only between the principal use and
the nearest street in the residential district.
(2) An approved wall, fencing, shrubbery or as otherwise required by
the Planning Agency and the City Commission shall be erected along
edges of portions_.of such lots as adjoin_land in the residential district
unless releases are secured from all adjoining property owners.
Heih
t
limitations ,as,le ui_red. in ther sections of this code Mall .nat , y
(3) No source o ilumination tor such tos shall be directly vi i el�' o>n
any window in any residence in the residential district.
There shall be no sales or service activity of any kind on such lots.
11. Storage and Parking of Vehicles and Equipment in Residential Districts
04 le sc / rcoo 64/
a. Commercial vehicles^and trailers of all types, including travel, boat,
camping and hauling, shall not be parked or stored on any lot
occupied by a dwelling or on any lot in any residential district,
except in accordance with the following requirements:
(1) No more than one (1) commercial vehicle per dwelling shall be
permitted; and in no case shall a commercial vehicle used for
hauling explosives, gasoline or liquified petroleum products
be permitted.
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(2) Travel trailers, motor homes, hauling trailers or boat trailers
shall be permitted if parked or stored behind the front yard
building line.
(3) A travel trailer or motor home shall not be occupied, either temp-
orarily or permanently, while it is parked or stored in any
area except in a trailer park authorized under this ordinance.
(4) A junked vehicle, or one that is inoperable, shall not be permitted
to be located on or near lots with dwelling units. These
junked vehicles shall be confined to junk yards.
(5) No materials, supplies, appliances or equipment used or designed
for use in commercial or industrial operations shall be stored
in residential districts, nor shall any home appliances be stored
outdoors in a residential district.
b. The provisions of this section shall not apply to storage, on a
temporary basis, of materials, equipment or appliances to be used for
or in construction of a building on the premises in conformity with
the terms of this ordinance.
12. Swimming Pools
No swimming pool or family pool shall be so located, designed, operated,
or maintained as to interfere with the rights of the adjoining properties.
a. Lights: Lights used to illuminate any swimming pool shall be so
arranged and shadowed as to reflect light away from adjoining
premises.
b. Setbacks: The following setbacks shall be maintained:
(1) Minimum front setback. Same as requirements for a residence
located on the parcel where the pool is to be constructed,
provided, however, that in no case is the pool to be located
closer to a front line than the main or principal building is
located.
(2) Minimum side setback. Shall conform to the minimum side yard
requirement of the district in which it is located.
(3) Minimum rear setback. Not less than eight feet from the rear
lot line.
c. Fences: All swimming pools shall be enclosed by a fence wall or
equivalent barrier at least four (4) feet high.
13. Service Stations
The following regulations shall apply to the location, design, construction,
operation and maintenance of service stations:
a. Lot Dimensions
A service station lot shall be of adequate width and depth to meet all
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setback requirements, but in no case shall a corner lot have less
• than two street frontages of at least one hundred and 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 feet (100) and a minimum area of fifteen
thousand square (15,000) feet.
b. Access to Site
Vehicular entrances or exits at an automobile service station
shall:
(1) Not be provided with more than two (2) curb cuts for the first
one hundred feet (100) 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 main or accessory building, no sign of any type, and no gasoline pump
shall be located within fifteen feet of the lot line of any property
that is residentially zoned. No gasoline pump shall be located within
twenty feet of any street right of way line; where a greater street
setback line has been established, no gasoline pump shall be located
within twenty feet of such setback 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 district; this provision shall not be construed
to prohibit interior lighted signs.
14. Signs
See Signs and Advertising Structures, City Charter 20-1 through
20-24.
15. Site Plan Review
a. Purpose
The purpose of this section is to establish procedures and
standards for the preparation, review and approval of plans
to construct, reconstruct or alter structures that do not
fall under the regulatory purview of the Subdivision Regulations.
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b. Procedures
The plans prepared according to the requirements presented
herein shall be submitted to the Administrative Official for
his review and approval. Plans may be disapproved if they do
not meet the intent or the requirements of this section and of this
code.
c. Site Plan
A site plan will be submitted to the Administrative Official
covering the entire tract proposed for ultimate development
at a scale of one (1)inch equals one hundred (100) feet,
indicating existing conditions and development for an addi-
tional area, including at least three hundred (300) feet
from the boundaries of such tract, or such greater distance
as may be indicated by thecircumstances of the case.
Existing natural features shall be indicated on the plan,
as well as existing streets, easements, utility installa-
tions, lot lines and structures, with indications as to use.
The plan will show, with dimensions, a properly organized
and conveniently related arrangement of buildings; off-street
parking and loading facilities; internal automotive and
pedestrian circulation; entrances and exits to public streets
and pedestrian ways; service areas and facilities; drainage;
utility connections; landscaping; fences, hedges and walls;
exterior lighting on the premises; size, location and orien-
tation of signs; and relation to all safeguards for all
property surrounding the street. If it is proposed that
development will progress in stages, the plan shall include
the stages and timing of development.
d. General Conditions Which May Be Attached
In reviewing the proposed site plan, the Administrative Official
may condition approval on specified changes in the proposal.
Where conditions are attached, approval will be withheld
except upon written agreement by the applicant to
conform to such conditions. In particular, where the site
plan indicates potential adverse effects on neighboring
property, the Administrative Official may require rearrangement
of the plan, increased yard width, fences, hedges or walls.
e. Walls
When a lot in any nonresidential district abuts another lot,
either to a side or to the rear, in a residential dis-
trict, there shall be a louvered or solid masonry wall, or
wood fence or shrubbery as approved by the Administrative Official,
:a minimum of five (5) feet in height, built and maintained
along the line of abutment, constructed in such a manner
that there is no visibility through the wall on a horizontal
plane. The wall shall run the entire length of the line of
abutment; except that a wall running along a side line shall
be constructed three (3) feet in height from
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the setback point of the abutting residential district to
the street or end of the line of abutment. The wall shall
be constructed on the nonresidential property, and the
height of the wall shall be measured from the final ground level
of the nonresidential property, whether filled or not.
f. Lot Requirements
The lot area, width and depth shall be sufficient to per-
mit the construction of the principal and accessory buildings
and paved parking areas in a design that does not interfere
with the use of adjacent properties and which encourages safe
and efficient vehicular ingress and egress to the adjacent street
system while complying with the maximum lot coverage and parking
requirements.
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16; Temporary Construction Offices
Notwithstanding any other provisions of the ordinance, a mobile
home may be used as a temporary field office outside of a mobile
home park after obtaining a permit for a period of time not to
exceed six (6) months, at which time such permit may be renewed.
A mobile home may be placed on public property within the Local
Government for the purpose of protecting such property, when
approved by the Governing Body during a regular meeting, and providing
that all other sections of this ordinance are met when applicable
to such location.
17. Tree Removal or Damage
The removal or damage of a tree shall be governed by the City Charter
Chapter 26.1
18. Utility Structures
Structures or uses required for public utilities such as gas, water,
electric, sewage or telephone can be located within any district upon
recommendation of the Planning Agency and approval of the City Commission.
•
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IV. SUBDIVISION REGULATIONS
A. GENERAL PROVISIONS
1. Purpose and Intent
The public health, safety, comfort and welfare require the
harmonious, orderly and progressive development of land. The sub-
division of land is a vital step in the urbanization process and
the progress of the community's development. Once land has
been shaped into lots, blocks and streets, correction of defects
is costly and difficult. Substantial public responsibility is
created by each new subdivision, involving the maintenance of
streets, drainage, utilities and other health facilities and the
provision of additional public services. As the general welfare,
health, safety and convenience of the community are thereby
directly affected by the use of land as a subdivision, it is in the
interest of the public that subdivisions be designed and developed
in accordance with sound rules and proper minimum standards.
The purpose and intent of the Subdivision Regulations is as
follows:
a. To establish reasonable and equitable standards of subdivi-
sion design and procedures for the subdivision of land that
will encourage stable communities and the creation of healthy
living environments which preserve the natural beauty and
topography and ensure appropriate development with regard
to these natural features.
b. To ensure that public facilities and utilities are available
and will have a sufficient capability and capacity to
service land developments and their occupants.
c. To present traffic hazards and to require the provision of
safe and convenient vehicular and pedestrian traffic circu-
lation in land developments, having particular regard to
the avoidance of congestion in the streets and highways,
and the pedestrian traffic movements appropriate to the
various uses of land and buildings, and to provide for the
proper location widths and design of streets.
d. To coordinate the furnishing and establishment of streets,
drainage and utilities in an orderly planned manner to
ensure protection of the environment and promotion of the
general welfare.
e. To increase safety from fire, flood and other danger.
f. To provide for adequate light, air and privacy, and to
prevent overcrowding of the land and undue congestion of
the population.
g. To ensure proper legal descriptions and monumenting of
subdivided land.
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h. To prevent or reduce the pollution of air, streams and
ponds; to assure the adequacy of drainage facilities; to
safeguard the water table; and to encourage the wise use
and management of natural resources throughout the juris-
diction of Atlantic Beach in order to preserve the
integrity, stability and beauty of the community and the
natural value of the land,
i. To provide for open spaces and recreational areas through
the most efficient design and layout of the land.
j . To guide the future growth and development of Atlantic Beach,
in accordance with the Comprehensive Plan and the Zoning
Ordinance.
2. Waiver
a. General
Where the City Commission finds that undue hardship to un-
reasonable practical difficulties may result from strict
compliance with this ordinance, the City Commission may
approve a waiver to the requirements of this ordinance if
the waiver serves the public interest.
b. Conditions of Waiver
An applicant seeking a waiver will submit to the City Commission
a written request for the waiver stating the reasons for the
waiver and the facts which support such waiver. The City
Commission'shall not approve a waiver unless it determines as
follows:
(1) The particular physical conditions, shape or topogra-
phy of the specific property involved causes an undue
hardship to the applicant if the strict letter of the
ordinance is carried out.
(2) The granting of the waiver will not be injurious to
the other adjacent property.
(3) The conditions, upon which a request for waiver are
based, are peculiar to the property for which the
waiver is sought, are not generally applicable to
other property and do not result from actions of the
applicant.
(4) The waiver is consistent with the intent and purpose
of the Zoning Ordinance, the Comprehensive Plan and
the requirements of this ordinance.
If the City Commission approves a waiver, the City
Commission may attach such conditions to the waiver as
will assure that the waiver will comply with the intent
and purpose of this ordinance.
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3. Resubdivision of Land
a. Procedure for Resubdivision
For any change in a map of an approved or recorded subdivision
plat, if such change affects any street layout shown on such
a map, or any area reserved thereon for public use, or any
lot line, or if it affects any map or plan legally established
prior to the adoption of any regulations controlling sub-
divisions, such parcel shall be approved by the City Commission
by the same procedure, rules and regulations as for a sub-
division.
b. Procedure for Subdivisions Where Future Resubdivision is
Indicated.
Whenever a parcel of land is subdivided and the subdivision
plat shows one (1) or more lots containing more than
one (1) acre of land and there are indications that such
lots will eventually be resubdivided into small building
sites, the City Commission may require that such parcel of
land allow for the future opening of streets and the ultimate
extension of adjacent streets. Easements providing for the
future opening and extension of such streets may be made a
requirement of the plat.
4. Vacation of Plats
An applicant may apply for the vacation of any plat or any part of
any plat at any time before the sale of any lot therein, by a
written instrument, to which a copy of such plat shall be attached,
requesting the same to be vacated.
4-3
B. SUBDIVISION APPLICATION PROCEDURE
1. General
It shall be unlawful for any person to submit a plat for the
subdivision of land to the Clerk of the Circuit Court of Duval
County or his representative for the purpose of recording such
plat in the office of the Clerk until said plat has been
approved by the City Commission under the provisions of this
ordinance and signed by the Mayor. In the event an unapproved
plat is recorded, it shall be stricken from the public records
upon the adoption of an appropriate resolution by the City
Commission. No changes, erasures, modifications, or revisions
shall be made in any plat after approval by the City Commission
without the consent of the City Commission.
2. Plat Review Procedure
There are three stages of review for plat approval: the concept
plan review, the preliminary plat review, and the final plat
approval. The Administrative Official shall check each stage of
review for consistency with the Comprehensive Plan and Zoning
Ordinance. No subdivision application can proceed to the next
stage until it is consistent with the adopted Comprehensive Plan
and Zoning Ordinance.
Stage 1. Concept Plan Review
This stage allows the developer to discuss the concept with the
Administrative Official and other City, personnel before incurring
the costs of professional services. This assistance should facilitate
the preparation and review of the preliminary and final plat.
Stage 2. Preliminary Plat Review
This stage starts the formal review process and requires pro-
fessional services for accurate presentation of technical data
and preliminary engineering drawings in such a manner as to allow
review and evaluation of the proposed development and its impact
upon both the site and surrounding areas.
Stage 3. Final Plat Approval
Following preliminary plat approval, this is the final stage
before recording a plat. The final plat may be approved by the
City Commission after construction of required subdivision improve-
ments or by providing the City Commission security that the
required improvements shall be constructed. Construction plans and
specifications must be approved and construction must be completed
and accepted by the City Commission before the final plat is
recorded unless the assurances are provided by the applicant.
4-4
3. Concept Plan - Submittals and Review Process
a. Required Submittals
(1) A statement by the developer describing the development
proposal including:
Title of the proposed development; legal description;
approximate acreage to be subdivided; current zoning;
total number of lots; minimum lot size; name; address
and telephone number of owner and his representative(s).
(2) A location map, drawn to scale, showing the relationship
of the proposed subdivision to surrounding development.
(This map can be drawn at a small scale and is preferably
located on the same sheet with the concept plan) .
(3) A concept plan drawn at a scale of one inch equals one
hundred feet (1" = 100') containing: the width of
proposed street right-of-way; preliminary lot layout with
approximate dimensions shown; the name and right-of-way
width of all existing streets which abut the proposed
subdivision, existing easements on the property; soil
types as available from the Soil Survey, general topo-
graphy as available and showing natural features such
as lakes, marshes or swamps, water courses, flood prone
areas and other pertinent features.
(4) Four copies of the required submittals shall be submitted
to the Administrative Official for review by appropriate
personnel.
b. Review Process
Upon receipt of required copies of the specified concept plan
submittals, the Administrative Official will distribute a copy
to the affected personnel, official or agency for technical review
and comment. The Administrative Official shall make his
required review with respect to the Comprehensive Plan and Zoning
Ordinance and comments from other technical specialists.
The concept plan will not be approved or denied at this stage.
The Administratove Official will prepare a written statement ad-
vising the applicant of issues, problems or shortcomings that
should be addressed in the preliminary plat submission and will
transmit this statement to the applicant within a reasonable
period of time.
c. Fees
There is no required fee for this stage of review.
d. Time Limit
The comments provided in the review process for the concept plan
will automatically lapse if a preliminary plat is not submitted
for the subject subdivision within six months of the date of the
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statement from the Administrative Official.
4. Preliminary Plat - Submittals and Review Process
a. Required Submittals
(1) General. Applications for formal plat review shall be
made by submitting four copies of the preliminary
plat to the Administrative Official. The preliminary
plat shall be drawn at the scale of one inch equals
one hundred feet (1" = 100') , designed in conformity with
the design standards established in this ordinance and
containing -he following information:
(a) Title Block. The title or name of the proposed subdivi-
sion and the name and address of the owner of the
tract proposed for development, and the name and address
of the engineer and surveyor engaged to prepare and design
the preliminary plat.
(b) Legend. Date, scale of plat, north arrow, current
zoning, total number of lots and minimum lot size.
(c) Legal Description. A full and detailed legal description
of the tract to be platted and its approximate acreage.
(d) Vicinity Map. A vicinity map, at scale, showing the
proposed subdivision in relation to the abutting land
uses and streets.
(e) Abutting Subdivisions. All contiguous properties shall
be identified by subdivision title, plat book and page
or, if unplatted, the land shall be so designated.
(f) Streets. The location, name and right-of-way and pave-
ment width, both on and immediately contiguous to the
subdivision tract, shall be shown.
(g) Public Open Space and Easements. Existing parklands,
lakes and waterways within the tract to be subdivided
shall be shown. Existing public and private easements
shall be shown on the plat. The purpose for such
easement shall be indicated.
(h) Parks and Recreation Dedication. Land to be dedicated
per the requirements of this ordinance shall be shown
and its approximate acreage indicated.
(i) Dedications and Reservations. All parcels of land
proposed to be dedicated or reserved for public use,
such as roads, easements, parks, sidewalks, bike or
pedestrian trails shall be indicated on the plat.
Proposed rights-of-way and street names shall be indicated.
(j) Lot Lines and Lot Numbers. The proposed lot lines,
with approximate dimensions and lot numbers, shall be
shown.
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(k) Topography. Contour intervals of one (1) foot, except
where determined to be unreasonable by the Administrative
Official
(2) Preliminary Engineering Drawings.
Preliminary engineering drawings shall be submitted in
four copies to the Administrative Official and show the
following:
(a) Water system lines and support facilities
(b) Sewer system lines and support facilities
(c) Stormwater and drainage facilities, easements
and other features.
(d) Bulkheads
(e) Street profiles
(f) Sidewalks, bicycle paths and pedestrian paths
(g) Excavation and fill areas.
Preliminary engineering drawings must be approved by the
Administrative Official prior to submitting final
construction plans and specifications.
b. Review Process
Upon receipt of said preliminary plat by the Administrative
Official, the subdivision will be put on the agenda of the
next meeting of the City Commission. The City Commission will
refer the preliminary plat to the planning agency for their
review and recommendation.
The Administrative Official will make available to the planning
agency all pertinent information concerning the preliminary
plat including comments from affected personnel, official
or agency. The planning agency shall make a recommendation to
the City Commission to approve the application, disapprove
the application or approve the application subject to specified
changes based on a consideration of the requirements of these
regulations and other applicable policies, ordinances, laws
and regulations and the conditions which affect development
within the vicinity of the tract.
c. Fees
The City Commission will establish a fee schedule deemed
necessary to reimburse the City for the cost incurred in reviewing
preliminary plats.
d. Time Limit
An approved preliminary plat shall be valid for twelve (12)
months. If the applicant has not obtained a construction permit,
been granted an extension by the City Commission, or received
final plat approval within twelve (12) months of preliminary
plat approval, the prelininary plat approval shall automatically
be revoked, and the applicant must reapply under the provisions
of this ordinance.
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e. Construction Plan and Specification Review
Upon approval of the preliminary plat by the City Commission
and approval of the preliminary engineering drawings by the
Administrative Official, final construction plans and
specifications may be submitted for approval.
Construction plans and specifications must be submitted
to the Administrative Official and approved prior to the
issuance of a construction permit. It is unlawful to
construct any improvement without a construction permit.
5. Final Plat - Submittals and Review Process
a. Required Submittals.
(1) General. Four copies of the final plat shall be submitted
for approval to the Administrative Official and shall be
designated in conformity with the design standards and
requirements established in this ordinance, and in the
requirements of Chapter 177, Florida Statutes, as
amended, and shall be in conformity with the approved
preliminary plat. In addition, the following shall be
included in the submission:
(a) The final plat shall be prepared by a surveyor and is to
be clearly and legibly drawn in black permanent
drawing ink on tracing cloth or approved equal as
required for filing for record in Duval County. Where
necessary, the plat may be on several sheets and each
sheet shall contain an index delineating that portion
of the subdivision shown on that sheet in relation
to the entire subdivision. The final plat shall be
at a scale of one inch equals one hundred feet (1" = 100')
and be in the same format as the preliminary plat.
Said final plat shall contain sufficient data to readily
determine and accurately locate on the ground the
location, bearing and length of every right-of-way
line, lot line , easement boundary line and black line,
including the radii, arcs and central angles of all curves.
(b) Title Certification and Real Estate Taxes. There
shall be on the final plat a certification by a title
opinion of an attorney at law licensed in Florida or a
certification by an abstractor or a title company
showing that apparent record title to the land as
described and shown on the plat is in the name of the
person, persons or corporation executing the dedication,
if any, as it is shown on the plat and, if the plat
does not contain a dedication, that the developer has
apparent record title to the land. The title opinion
or certification shall also show all mortgages not
satisfied or released of record in accordance with
Section 177.041, Florida Statutes, and certificate
from the developer's attorney, abstract company or the
Tax Collector that all taxes due and payable at or
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prior to the time the application for final approval
or acceptance is filed have been paid.
(c) Construction Plans and Specifications. If a Certificate
of Completion has not been issued for all improvements
prior to final plat approval under the provisions of
this ordinance.
(d) Assurance for Completion. Security for performance of
construction, as provided in this ordinance, if a
Certificate of Completion has not been issued.
(e) Certificate of Completion. A Certificate of Completion,
if a request for construction prior to final platting
has been granted under the provisions of this ordinance.
(f) Assurance for Maintenance. Security for maintenance,
meeting the requirements of this ordinance, if a
Certificate of Completion has been issued.
(g) Certificate of Surveyor. Certification of the plat by
a professional land surveyor registered in the State
of Florida.
(h) Dedication of Improvements. All public improvements or
property designated for public purpose on any approved
final plat, including but not limited to, all streets,
alleys, easements, rights-of-way, parks and public
areas, shall be expressly dedicated on the face of the
final plat by the owner. In addition, said final plat
shall contain a statement of dedication to the City,
other appropriate government units or public utilities
for all water lines, sewer lines, pumping stations and
appurtenances located within the tract prior to
recording.
b. Review Process
Four copies of the final plat shall be submitted to the AdministratiN
Official with the documents specified in these regulations at
least thirty (30) days prior to the meeting of the City
Commissi m at which the final plat is to be submitted for review
and recommendation.
Upon receipt of said information, the Administrative Official
will schedule the subdivision on the agenda of the City Commission
and transmit copies to affected personne-, official or agency
technical review. The Administrative Official shall forward
all pertinent informati n to the City Commission for their
consideration. The City Commission, after considering all comments
shall approve, disapprove or approve subject to specified
conditions said final plat for recording, based upon compliance
with the required certifications and security requirements and
with the other requirements and provisions of these regulations
and other applicable policies, ordinances, laws and regulations.
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Upon approval by the City Commission, said final plat shall
be signed by the Mayor and entitled to be recorded under
the applicable provisions of Chapter 177, Florida Statutes.
Acceptance of the final plat shall be deemed acceptance by
the City of said public improvements and public areas dedicated
to the City. The acceptance of dedications for public purpose
shall be affixed to the face of the plat.
c. Fees
The City Commission will establish a fee schedule deemed
necessary to reimburse the City for the cost incurred in
reviewing final plats.
6. Construction Plans, Specifications and Pemits
a. Intent
An applicant must obtain a single construction permit from the
Administrative Official for the construction of all subdivision
improvements. After approval of the preliminary plat by the City
Commission and after the construction plans and specifications
have been approved by the Administrative Official, the
applicant may apply for a construction permit under either of
the following procedures.
(1) Construction Before Final Plat Approval. The applicant
may submit construction plans and specifications, as
required in this ordinance for required subdivision
improvements, prior to final plat approval. A title
certification shall accompany such plans and specifications.
Once the improvements covered under this permit are completed,
a Certificate of Completion shall be required prior to final
plat approval.
(2) Construction After Final Plat Approval. The applicant
may submit construction plans and specifications, as
required in this ordinance for subdivision improvements,
after the final plat is approved if performance bonds or
other assurances are secured. The plans and specifications
shall provide security required for the performance
of such construction. Once the improvements are completed,
a Certificate of Completion will be issued, and a maintenance
bond will be,submitted, as required in this ordinance.
b. Required Submittals
The applicant requesting a permit under either of these
procedures shall furnish to the Administrative Official the
construction plans and specifications designed in accordance
with the requirements of this ordinance for;.the constructions
of roads, sidewalks, bikeways, drainage and water management
facilities, utilities, lot filling and other improvements
as required by this ordinance, including a master drainage map
and subsoil investigation report. All construction plans and
specifications must be designed, signed and sealed by a
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professional engineer who is registered in the State of
Florida. The Administrative Official shall review plans
and specifications for conformity with the design of
the preliminary plat, the construction specification
requirements of this ordinance and any other applicable
policy, ordinance, law or regulation.
c. Sewer and Water Commitment
If a subdivision is to be furnished public sewer and/or
water by a public or private utility, the applicant shall
provide the Administrative Official with written confirmation
that the utility has approved the plans and specifications
for the sewer and/or water system in the subdivision.
d. Governing Body Action
After the review, the Administrative Official shall furnish
all the staff recommendations to the City Commission with
said plans and specifications. The City Commission shall
approve, disapprove or approve subject to specified conditions
said construction plans and specifications based on the
requirements of this ordinance.
e. Certification of Permanent Reference Marker Location.
Prior to the issuance of a construction permit, the applicant
shall submit to the Administrative Official a certificate from
a professional land surveyor registered in the State of
Florida that a concrete permanent reference marker has been
located in the public right of way at a corner point of the
subdivision near the entrance way of the proposed subdivision.
The permanent reference marker shall be identified on the plat
of the subdivision as the master survey point for the subdivision
and shall be used to establish the grade level for all improve-
ments in the subdivision.
f. Issuance of a Construction Permit.
After approval by the City Commission, the Administrative Official
shall issue a construction permit for the construction of the
improvements in conformity with said approved plans and
specifications, the preliminary plat or final plat and the
requirements of the ordinance. The construction permit must be .
posted by the applicant in a conspicuous place in the open at
the construction site.
g. Term of Construction Permit and Revocation
A construction permit issued under this section shall be
void if construction does not commence within thirty (30) days.
A construction permit shall expire one (1) year from the
date of its issuance. The failure to complete construction of
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said improvements within one (1) year shall automatically
revoke said construction permit unless the City Commission
grants an extension of such permit if good cause is
demonstrated in the applicant's written request for such
an extension.
h. Unlawfull to Construct Without a Construction Permit
It shall be unlawful for any person to construct any improve-
ment or any part of an improvement within the tract of a
subdivision without a valid construction permit issued for
such construction under the provisions of this ordinance.
Any person found guilty ov violating this section by
constructing an improvement or any part of an improvement
within the tract of a subdivision without a valid construction
permit shall be guilty of a misdemeanor.
C. REQUIRED IMPROVEMENTS
1. General
Each subdivision shall contain improvements designed and constructed
according to the requirements and specifications of this ordinance and
applicable policies, regulations and ordinances of the City and
the laws of the State of Florida. The following services and
facilities are required improvements within subdivions.
a. Streets designed and constructed for public use according to
the standards and requirements of this ordinance.
b. Sidewalks designed 'and constructed for public use according
to the standards and requirements of this ordinance.
-c. Approved street signs, markers, traffic signs and signals
to control and circulate traffic within the street pattern
within the subdivision in accordance with the Florida Uniform
Manual of Traffic Control Devices, published by the
Florida Department of Transportation.
d. Drainage and water management facilities designed and con-
structed according to the standards and requirements of
this ordinance. The term "drainage," where appropriate,
shall include, but not be limited to, swales, ditches, storm
sewers, seepage basins, culverts, sidedrains, retention or
detention basins', crossdrains and canals.
e. A sanitary sewerage system or an approved individual sewage
disposal system in the absence of access to a central sewerage
system, based on the requirements of the Florida State Bureau
of Sanitary Engineering covering the Sanitary Facilities for
Subdivisions, the provisions of this ordinance or other applicable
policies, laws, ordinances and regulations.
f. A water system, unless an individual water supply is permitted
within the tract, based upon the required standards of the Florida
State Bureau of Sanitary Engineering, the provision of this
ordinance and other applicable policies, laws, ordinances and
regulations.
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g. Parks and recreation dedication, as specified in this
ordinance.
h. Electricity, telephone, gas and other utilities to be
constructed underground.
i. Such other improvements as deemed necessary to comply with
the requirements of this ordinance and to protect the
public health, safety and welfare because of topography or
other conditions of the tract.
2. Planned Unit Developments (PUDs)
The development of a subdivision as a planned unit development
(PUD) under the Zoning Ordinance shall be in conformity with
said Zoning Ordinance and the final development plan for a
planned unit development. The City Commission shall have the
right to waive or vary the design, dedication and construction
requirments of such a planned unit development from any of the
provisions of this ordinance if the proposed final development
plan is in conformity with the requirements of said Zoning
Ordinance for a planned unit development and provided that:
a. Such waiver does not violate the purpose and intent of any
requirement of this ordinance for the protection of the
public health, safety and welfare in the subdivision of
land.
b. All procedures specified in this ordinance for the approval
of a final plat for recording or the issuance of a Certificate
of Completion, as the case may be, are strictly adhered to.
c. All exhibits, certificates and information, required in
this ordinance for the approval of a preliminary and final
plat and the issuance of a Certificate of Completion, are
strictly adhered to under the applicable specified procedure.
D. ASSURANCE FOR COMPLETION AND MAINTENANCE .OF IMPROVEMENTS
1. General
Construction of the required improvements within a subdivision can
begin upon issuance of a construction permit. Such construction
can commence prior to recording the final plat or after recording
the final plat if performance bonds or other assurances are secured.
2. Performance Security
The final plat shall be certified by the developer and countersigned
• by the Administrative Official that the developer has complied
with one of the following alternatives:
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a. Completion of improvements prior to recording of plat.
In the event the developer exercises the right to construct
and complete required improvements prior to approval of the
final plat, the City shall automatically become vested with
the right to enter upon the property to be platted for
purposes of inspecting the construction of improvements during
the progress of such construction. The developer's engineer
shall, upon completion of the entire work on one or more
units of the subdivision, furnish the Administrative Official
with a written certificate of such completion accompanied
by the records and data as herein prescribed. If the Adminis-
trative Official shall find that the completion of all
required improvements complies with these regulations, the
final plat shall be approved.
b. Cash deposit. The developer shall deposit with the City or
place in an account subject to the control of the City, cash
in the full amount of the total sum of engineering and
construction costs for the installation and completion r'
of the required improvements. The developer shall be entitled
to secure draws from such deposits or account as installation
progresses at stages of construction established by the
Administrative Official but not more frequently than monthly.
A draw from such cash deposit or account shall be made only
within thirty days after the developer's engineer has certified
to the City that the cost of improvements installed equals or
exceeds the amount of the draw requested plus any previous
draws made and the Administrative Official has inspected the
improvements and authorized the draw. The Administrative
Official shall have the right to reduce the amount of any
requested draw to an amount he feels is justified based upon
his inspection of the improvements and shall also have the
right to refuse to approve any requested draw so long as the
developer fails to be in compliance with any of the terms
and conditions of the plat or plans and specifications for
the improvements. The developer shall be entitled to receive any
interest earned on such deposit or account. The City, after
sixty days' written notice to the developer, shall have the
right to use such cash deposit or 'account for the completion
of the improvements in the event of default by the developer
or failure of the developer to complete such improvements
within the time required by the ordinance approving the final
plat after any extensions granted by the Administrative Official.
c. Personal bond with letter of credit. The developer shall furnish
to the City his personal bond secured by an unconditional and
irrevocable letter of credit in an amount equal to the total
of engineering and construction costs for the installation and
completion of the required improvements, which letter of credit
shall be issued by a State of Florida or United States banking
institution to the City. Such letter of credit shall be in the
form approved by the City Attorney. During the process of
construction, the Administrative Official may reduce the dollar
amount of the personal bond and letter of credit on the basis
of work completed. The City, after sixty days' written notice to
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the developer, shall have the right to use any funds resulting
from drafts on the letter of credit for the completion of the
improvements in the event of default by the developer or failure
of the developer to complete such improvements within the time
required by the ordinance aporoving the final plat or any
extensions granted by the Administrative Official.
d. Surety bond. The developer shall furnish to the City a surety
bond in the form and by a surety approved by the City Attorney
guaranteeing that within the time required by the ordinance
approving the final plat all work required will be completed
in full accordance with the final plat and all conditions
attached thereto, copies of which shall be attached to and
constitute a part of the bond agreement. The bond shall be in
an amount equal to one hundred percent of the sum of engineering
and construction costs. During the process of construction,
the Administrative Official may reduce the dollar amount of the
bond on the basis of work completed. The City, after sixty days'
written notice to the developer, shall have the right to bring
action or suit on the surety bond for the completion of the
improvements in the event of default by the developer or failure
of the developer to complete such improvements within the
time required by the ordinance approving the final plat or any
extensions by the Administrative Official.
A developer may extend, renew or substitute collateral described
in paragraphs b, c or d above one or more times; provided,
however, that no extension or renewal thereof, or substitute
therefor shall have a maturity or expiration date later than the
time for completion of improvements. The time for completion of
improvements shall be a time specified in the ordinance approving
the plat, or such later time as may be approved by the
Administrative Official; provided, however, that if the collateral
securing the completion of improvements has a maturity or
expiration date shorter than the time for completion, the
time for completion shall be deemed to expire upon failure
of the developer to extend, renew or provide substitute
collateral for such collateral at least ten days before such
maturity or expiration date, unless a later time is approved by
the Administrative Official.
3. Maintenance Security.
Where the City is requested to accept maintenance of public improve-
ments in the subdivision, a maintenance bond in the amount of
ten (10) percent of the construction cost of said improvements
shall be filed with the City. This bond shall provide that the
City shall be indemnified if the applicant does not replace or
repair any public improvements which are defective in materials
or workmanship or which were not constructed in compliance with
the approved plans and specifications. The terms of the maintenance
bond shall expire two (2) years after acceptance for maintenance by the
City unless the City serves written notice to the applicant that
the improvements are defective in material or workmanship or were
not constructed in compliance with the approved plans and specifica-
tions within the two (2) years.
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4. Inspections
As the improvements are being constructed within the subdivision,
the Administratove Official and/or authorized staff or consulting
engineer shall have the right and privilege to inspect the
improvements.
The Administrative Official or his authorized representative
shall be specifically notified of the commencement and completion
of:
a. Clearing and grubbing.
b. All utilities prior to backfilling.
c. All concrete structures when steel is in place prior
to pouring
d. Stabilized subgrade
e. Curb and concrete work
f. Roadway base.
g. Wearing surface during application
The failure to notify the Administrative Official or his
designated representative of the commencement and completion of
the construction of such items may be good cause for the
Administrative Official to refuse to issue a Certificate of
Completion.
5. Issuance of Certificate of Completion
Upon completion of construction of the improvements, the
applicant shall provide the Administrative Official the following:
a. A letter stipulating that the construction of the improvements
has been completed and requesting final inspection and
approval.
b. The testing reports and certificates of compliance from
material suppliers specified in this ordinance.
c. Two (2) sets of as-built construction plans.
d. Certification from a registered engineer, with his seal
affixed, that the improvements have been constructed in
conformity with the approved construction plans and
specifications. ,
Upon receipt and review of the above items, and after
satisfactory final inspection, a Certificate of Completion
shall be issued by the Administrative Official.
E. DESIGN AND CONSTRUCTION STANDARDS
1. General
A Florida registered professional engineer shall be employed to
design all required improvements. All plans for improvements
must be prepared according to appropriate standards and be
approved by the City prior to construction of improvements.
a. Conformity to City Policies
The subdivision of land subject to these regulations shall
be in conformance with the goals, objectives and policies
of the Comprehensive Plan and the Zoning Ordinance and other
policies of the City Commission concerning physical develop-
ment.
b. Use of Natural Features
The arrangement of lots and blocks and the street system shall
make the most advantageous use of topography and preserve
mature trees and other natural features wherever possible.
c. Soil and Flood Hazards
A subdivision plan shall not be approved unless all land intended
for use as building sites can be used safely for building
purposes without danger from flood or other inundation or
from soil or foundation conditions or from any other menace to
health, safety or public welfare.
In particular, lands which are within the one hundred (100)
year flood prone areas, as shown on the Floodway map of the
Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until
proper provisions are made for protective flood control
measures and water management facilities necessary for flood-
free access to such sites. Such provisions must be approved by
the Administrative Official to assure that filling or grade
level changes will not alter the natural drainage or adversely
affect other areas downstream through added runoff or adverse
water quality. Such Floodway area shall be delineated on the
subdivision plan and no building will be permitted within such
area unless the finished floor line of the building is set
above the delineated flood area or the building is flood-
proofed as stipulated in Appensix M and H of the Southern
Standard Building Code as amended.
d. General Construction Methods
All design and construction methods shall conform to the follow-
ing manuals published by the Florida Department of Transportation,
latest editions, and shall serve as reference guides and standards
of construction of all improvements. Such manuals shall be
used by the Administrative Official as the engineering standard
for making inspections, approving items of construction and
approving construction plans and specifications.
4-17
Florida Department of
Subject Transportation Manual
Drainage Design Drainage Manual
Construction Techniques Standard Specifications
for Road and Bridge
Construction
Road Design Standards Manual of Uniform Minimum Standards
for Design, Construction and Maintenance
for Streets and Highways 1976.
e. Construction Plans and Specifications: General
All constructive plans and specifications shall include a
topographic map showing not less than one (1) foot contours
of the subdivision tract and such adjacent land necessary to
show the area of final disposal of surface water. Said plans
and specifications shall also contain the following information:
(1) A street layout plan showing all necessary elevations, treat-
ment of intersections, design grade of pavement, the width
and type of pavement and details showing the final disposal
of all street drainage. Sufficient topographic informa-
tion shall be shown on existing outfall ditches, major
drainage channels and other drainage facilities to validate
drainage designs.
(2) Typical sections showing details of proposed pavements,
sidewalks, wearing surfaces, curbs, swales, canals,
shoulders, slopes, drainage structures and other items of
major construction.
(3) Profile sheets of all streets to be constructed, together
with elevations shown for connection to existing streets.
(4) A written design recommendation for base course designs
prepared by a recognized soil• testing laboratory. Said
design recommendation shall be submitted prior to the
commencement of any street or drainage construction.
2. Design Standards for Streets
a. Concept and Principles
The character, width, grade and location of all streets and
bridges shall conform to the standards in this section and
shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience
and safety, and in their appropriate relation to the proposed
uses of the land served by such streets.
b. Arrangement of Streets
The arrangement of streets in a subdivision shall:
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(1) Conform with official plans and maps of the City;
(2) Be integrated with the street system and provide for the
continuation or appropriate projection of existing
principal streets in the surrounding area;
(3) Be such that the use of local streets by through traffic
is discouraged; and
(4) Provide two separate and remote entrances to the subdivision,
unless other provisions, such as easements, are made for
emergency ingress, and provided that such entrances will
not adversely affect the overall street system.
c. Access to Paved Public Streets Required
Every lot or unit within a subdivision shall have approved
access to a paved street dedicated to public use which has
been accepted and maintained -by the City unless the lots
or units are within a PUD.
d. Reserve Strips Prohibited
Reserve strips controlling access to streets shall be prohibited
except where their control is placed in the City.
e. Street Jogs
Street jogs with center line offsets of less than one hundred
fifty (150) feet shall be avoided, except where topographical
conditions make this provision impractical.
f. Intersections of Right Angles
Streets shall be laid out so as to intersect as nearly as
possible at right angles and no street shall intersect any
other street at less than a sixty (60) degree angle.
g. Property Lines Rounded at Intersections
Property lines at street intersections shall be rounded with
a radius of twenty (20) feet or a greater radius where required
by the City. The City may permit comparable cutoffs or chords
in place of rounded corners.
h. Minimum Right of Way and Paving Widths
Street minimum right of way and paving widths shall be as
follows, unless otherwise indicated or required by law:
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Right of Way Paving Width
Street Type in Feet in Feet
Major Collector 84 34
Minor Collector 60 24
Local:
Without Curb and Gutter 60 20
With Curb and Gutter 50 24
Cul-de-sacs and loop streets
not exceeding 1500 feet in
length:
Without curb and gutter 60 20
With curb and gutter 50 20
Alley:
Commercial 30 12
Residential 20 10
The developer shall not be required to pave or dedicate an arterial
street. Additional right of way may be required by the City to
promote public safety and convenience, or to ensure adequate access,
circulation and parking in high density residential, commercial or
industrial area. Where a subdivision abuts or contains an existing
street of inadequate right of way width, additional right of way
in conformance with the above standards shall be required for new
subdivisions.
i. Dead-End Streets
Dead-end streets, designed to be so permanently, shall be prohibited
except when designed as cul-de-sacg. Such streets are limited
to one thousand (1,000) feet in length; however, the City may
approve cul-de-sacs of greater lengths, where due to topographic
conditions, design consideration of number of lots to be located
on the same, a greater length may be deemed necessary. Cul-de-
sacs shall be provided at the closed end with a circular dedicated
area with a diameter of not less than one hundred (100) feet
at the property line. The City may permit a "Y" or "T" design of
proper size for vehicular turnaround. Temporary turnarounds
shall be provided at ends of streets which are planned to be
extended in the later stages of the subdivision.
j. Street Names and House Numbers
Street names and,house numbers shall conform to the street naming
and house numbering plan of the City. New street names shall
not duplicate, or closely approximate phonetically, in spelling
or by use of alternate suffixes such as "lane", "way", "drive",
"court", "avenue" or "street", the names of existing streets,
except that a new street that is an extension of or in alignment with
an existing street shall bear the same name as that borne by the
existing street. The Administrative Official shall, within ten
(10) days of conditional approval of the preliminary plat, assign
or cause assignment of house numbers on all lots.
3. Design Standards for Easements
a. Utilities
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Easements across lots or centered on rear or side lot
lines shall be provided for utilities where necessary,
shall be at least fifteen (15) feet wide and shall
extend from street to street.
b. Drainage, Watercourses
Where a subdivision is traversed by a watercourse, canal,
drainageway, nonnavigable channel or stream, there shall
be provided a storm water easement or drainage right of way
conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be
adequate for the purpose.
c. Other Drainage Easements
Other easements may be required for drainage purposes of such
size and location as may be determined by the Administrative
Official.
d. Pedestrian and Service Easements
Where necessary for safety and convenience, pedestrian and
service easements or rights of way may be provided.
e. No City Expense
Easements required by these regulations within proposed
subdivisions shall be provided at no expense to the City.
4. Design Standards for Blocks
a. General
The lengths, widths and shapes of blocks shall be determined
with due regard to:
(1) Provision of adequate building sites suitable to the
special needs of the use contemplated;
(2) Zoning requirements as to lot sizes and dimensions;
(3) Needs for convenient access, circulation, control and
safety of street and pedestrian traffic and fire protection.
b. Block Lengths
Block lengths shall not exceed twelve hundred (1200) feet
between intersecting streets, except that the City may
approve blocks of greater length.
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5. Design Standards for Lots
(a) General. The lot size, width, depth, shape and orientation,
and the minimum building setback lines shall be appropriate
for the location of the subdivision and for the type of
development and use contemplated. Lot arrangement and
design shall be such that all lots will provide satisfactory
and desirable building sites.
(b) Dimensions. Lot dimensions shall conform to the requirements
of the Zoning Code, and:
(1) Residential septic tanks or wells. Residential lots
proposed with individual wells and/or septic tank disposal
fields shall conform to the standards of the Department
of Health, Welfare and Bio-Environmental Services of the
City and the Florida Department of Health and Rehabilitative
Services.
(2) Commercial, industrial off-street parking. Depth and width
of properties reserved or laid out for commercial and in-
dustrial purposes shall be adequate to provide for the off-
street service and parking facilities required by the type
of use and development contemplated.
(c) Corner Residential Lots. Corner lots for residential use shall
have extra width, greater than a corresponding interior lot,
to accommodate the required building setbacks from any
orientation to both streets.
(d) Street Access. The subdivision shall provide each lot with
satisfactory and permanent access to a public street.
(e) Double Frontage Lots. Lots having double-street frontage shall
be avoided.
(f) Building Setback Lines. The subdivider shall establish
building setback lines in accordance with Exhibit
and such building setback lines shall be shown on the plat.
6. Required Improvements: Monuments
(a) Iron Pipes. Iron pipes shall be placed at all block corners,
angle points and ,points of curves in streets, and at inter-
mediate points as shall be required by the Administrative
Official.
(b) Permanent reference markers. A sufficient number of permanent
reference monuments shall be set in each subdivision, in no
case less than two such monuments and in no case more than
two thousand feet apart, either within the tract or on the
exterior boundaries thereof, or both, properly references,
for both construction and future City use. The permanent
reference monuments shall meet all the specifications set out in
Section 177.091, Florida Statutes, and as may be r-quired by
the Administrative Official.
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<c) Location; construction. The location of all permanent reference
monuments shall be indicated on the final plat. All iron pipes
and pins and permanent reference monuments shall be of such
size, material and length as may be specified by the Adminstrative
Official.
(d) Lot corners. Lot corners shall be monumented with iron pipes,
iron pins or permanent reference monuments.
(e) Time of placement. Permanent reference monuments (PRM) and
permanent control points (PCP) shall be set in accordance with
Section 177.091, Florida Statutes, except all monuments
including lot corners must be placed before the developer is
released from his surety. If no surety bond or personal bond
secured by a letter of credit is posted, monuments including
lot corners must be placed prior to acceptance for ownership and
maintenance. Any and all land monuments including lot corners
disturbed or destroyed in the prosecution of construction shall
be accurately witnessed and replaced at the developer's
expense upon the completion of construction. The Department
may accept a certification from the developer's surveyor that
the requirements of this section have been satisfied.
7. Required Improvements: Clearin• and Gradin of Rights of Way
The developer shall be required to clear all rights of way and to
make all grades, including all grades for streets, alley and
drainage, consistent to grades of the approved construction
plans. All debris shall be removed from rights of way. In the
interest of the preservation of existing trees and other natural
beauty, the City may vary from these regulations where aesthetic
and environmental conditions will be enhanced.
8. Required Improvements: Sewer and Water
New subdivisions shall be required to connect to the City water
and sanitary sewer system; however, where the City systems are
not readily available, private systems may be accepted providing
they meet all requirements of necessary City, County and State
authorities.
4-23
I_ I
EXHIBIT
IL DETERMINING BUILDING SETBACK LINES
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BUILDING SETBACK DISTANCE , LOT DEPTH LINE
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(X = NUMBER OF FEET)
— BUILDING SETBACK LINE
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DETERMINING BUILDING SETBACK LINES
ii:
Where the lot frontage is less than the minimum lot width required by the
i- ZoningOrdinance, the building setback distance is the minimum required
. by the Zoning Ordinance, or the distance to the point where the lot width
equals the minimum width required by the Zoning Ordinance, whichever
t_ is greater. Lot width must be measured at a right angle to the lot depth
line. The lot depth line is a line connecting the midpoint of the front lot
line with the midpoint of the rear lot line.
LWhere the lot frontage exceeds the minimum lot width required by the
Zoning Ordinance, the building setback is the minimum required by the
Zoning Ordinance, and the setback runs parallel to the front lot line.
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