Ordinance No. 90-85-96 v ORDINANCE NO. 90-85-96
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE
CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER
24, ARTICLE III, DIVISION 5, SECTION 24-109, TO
CREATE A NEW ZONING DISTRICT CPO, COMMERCIAL:
PROFESSIONAL/OFFICES; RENUMBERING SECTION 24-109
COMMERCIAL LIMITED TO SECTION 24-110 COMMERCIAL
LIMITED AND CHANGING THE USES BY EXCEPTION TO
ELIMINATE THE PROHIBITION AGAINST DRIVE-IN
RESTAURANTS IN SUBPARAGRAPH 4; CHANGING THE
NUMBERING OF COMMERCIAL GENERAL DISTRICTS FROM
SECTION 24-110 TO SECTION 24-111, AND PROVIDING
ADDITIONAL PERMITTED USES AND USES BY EXCEPTION
THEREIN; REPEALING IN ITS ENTIRETY OLD SECTION
24-111 COMMERCIAL INTENSIVE; PROVIDING ADDITIONAL
PERMITTED USES IN SECTION 24-112 INDUSTRIAL
LIGHT AND WAREHOUSING; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Advisory Planning Board of the City of Atlantic Beach
has made a study of the zoning districts, their permitted uses and uses
by exception; and
WHEREAS, the Advisory Planning Board has held public hearings on
same, and has made its recommendations to the City Commission; and
WHEREAS, the City Commission finds the recommendations of the
Advisory Planning Board consistent with the Land Development Code and
the Comprehensive Plan adopted by the City, and the amendments proposed
will not adversely effect the health and safety of the residents of the
City,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, as follows:
Section 1. Chapter 24, Article III, Division 5, Sections
24-109, 24-110, 24-111, and 24-112 are hereby amended to read as
follows:
CHAPTER 24
ZONING AND SUBDIVISION REGULATIONS
ARTICLE III - ZONING REGULATIONS
DIVISION 5 - ESTABLISHMENT OF DISTRICTS
Sec. 24-109. CPO commercial professional and offices.
(a) Intent. The CPO districts are intended as a district suitable for
business and professional offices and with design criteria which permit its
use in close proximity to RS districts.
(b) Permitted uses. The uses permitted in these districts are as
follows:
(1) Medical and dental offices (but not clinic or hospital) , chiropractor
(but not masseur) .
(2) Professional offices, such as accountant, architect, attorney, engineer,
land surveyor, optometrist and similar uses.
(3) Business offices such as real estate broker, insurance agent, stock
broker and similar uses.
(4) Single, Family Dwellings.
All of the permitted uses in the CPO district are limited by the following
conditions:
(A) No retail sales, display or storage of merchandise shall be permitted.
(B) No vehicles other than passenger automobiles or trucks of not more than
three-quarters ton capacity shall be used.
• (C) No manufacture, repair or work of a mechanical nature of any kind shall
be permitted and no machinery shall be used other than normal office
equipment such as typewriters, calculators, computers, book keeping
machines, etc.
(c) Uses by exception. In these districts, the uses by exception are
as follows:
(1) Limited retail sales in conjunction with a permitted professional service
being rendered at the time.
(2) Medical or dental clinic, hospital, child care center, church.
(3) Medical or dental laboratory; manufacture of prosthetic appliances,
dentures, eyeglasses, hearing aids and similar products.
Sec. 24-110. CL commercial limited district.
(a) Intent. The CL districts are intended for low intensity commercial
uses and business and professional offices which are suitable within close
proximity to RS districts.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) Service establishments such as barber or beauty shops, shoe repair,
laundry or dry cleaning pick-up, tailors or dressmakers;
(2) Art galleries, libraries, museums;
(3) Medical and dental offices, but not clinics or hospitals;
(4) Professional offices such as accountants, architects, attorneys,
engineers, optometrists and similar uses;
(5) Business offices such as real estate broker, insurance agents,
manufacturing agents and similar uses;
(6) Banks and financial institutions;
(7) Convenience food stores but not supermarkets;
(8) Apothecaries;
(9) Government buildings and facilities.
(c) Uses by exception. In these districts, uses by exceptions are as
follows:
(1) Medical or dental clinics;
(2) Child care centers;
(3) Churches;
(4) Restaurants, Ret-drive-ins;
(5) Convenience food stroes with retail sale of gasoline.
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Sec. 24-111. CG commercial general districts.
(a) Intent. The CG 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.
(b) Permitted uses. The uses permitted in these districts are as follows:
(1) 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 applicances, office equipment and furniture, hardware,
lumber and building materials, auto parts, and similar uses;
(2) Service establishments such as barber or beauty shop, shoe repair,
restaurant, gymnasium, laundry or dry cleaner, funeral home, job printing,
radio and television repair;
(3) Banks, loan companies, mortgage brokers, stockbrokers, and similar
financial institutions;
(4) Business and professional offices;
(5) Retail plant nursery;
(6) Reatil sale of beer and wine;
(7) Auto service station (net-Fepair) maintenance and minor repairs,
car wash;
(8) Theater;
(9) Government Buildings and facilities;
(10) Produce markets (no outside sales) ;
(11) Those uses permitted in Commercial Limited zoning;
(c) Uses by exception. In these districts, uses by exception are as follows :
(1) Animal kennel;
(2) Veterinarian clinic;
(3) Child care center;
(4) On premise consumption of liquor, beer and wine;
(5) Limited wholesale operation;
(6) Contractor, not requiring outside storage;
(7) Limited warehousing, not including mini-warehouses) ;
(8) -Marina;-
Sec. 24-111 continued
(9) Churches;
{19}-ApaFtmeRt-eemplexes;
(11) Hospital, nursing home;
(12) Sale of new and used automobiles and boats;
(13) Automotive/truck service garage (not including semi-tractor trailer repairs) ;
(14) Those uses permitted in Commercial Limited as uses by exception.
Sec. 24-112 ILW. industrial light and warehousing districts.
(a) 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
(b) Permitted uses. The uses permitted in these districts are as
follows:
(1) Wholesaling, warehousing, miniwarehouses, storage or distribution
establishments and similar uses;
(2) Light manufacturing, processing (including food processing, but
not slaughter house) , packaging, or fabricating in completely
enclosed building;
(3) Bulk storage yards, not including bulk storage of flammable
liquids;
(4) Outdoor storage yards and lots (providing front yards and 6'
fence and excluding junk yards) , contractors yards;
(5) Establishments for sale and repair of new and used automobiles,
motorcycles, trucks and tractors, boats, automobite vehicle parts
and accessories (except junk yards) , heaby machinery and equipment,
farm equipment, lumber and building supplies, mobile homes,
monuments and similar uses;
(6) Heating and air conditioning, welding, sheet metal works, plumbing
and electrical sales, laundries and dry cleaning, bakeries, bottling
plants and similar uses;
(7) Vocational, technical, trade or industrial schools and similar uses;
(8) Government buildings and facilities.
(c) Uses by exception. In these districts, use by exception are as
follows:
(1) Bulk storage of flammable liquids subject to provisions of county
and state fire codes;
(2) Radio and TV transmitting towers;
(3) Asphalt or concrete batching plants.
Section 2. This ordinance shall become effective upon its
passage.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading August 26, 1985.
Passed by the City Commission on Second and Final Reading October i4+, 1985
Wil iam S. Howell, Mayor, '• -siding Officer
Approved as to Form
and Correctness:
C'aude L. Mullis,City) orney
(SEAL)
ATTEST:
Adelaide R. Tucker CMC, City Clerk