Ordinance No. 90-01-172 vORDINANCE NUMBER: 90-01-172
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING BY
REFERENCE ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, WHICH GENERALLY AND
SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF
LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH,
FLORIDA. SUCH REGULATIONS SHALL BE ADOPTED BY
REFERENCE AS CHAPTER 24 OF THE CODE OF ORDINANCES
AS ADOPTED THROUGH ORDINANCE NUMBER 90-01-170 AND
CONTAINING FOUR ARTICLES: ARTICLE 1 — IN GENERAL
AND PROVIDING FOR ADOPTION AND AUHTORITY, PURPOSE
AND INTENT, JURISDICTION, AMENDMENTS, LEGAL STATUS
AND CONSISTENCY WITH THE COMPREHENSIVE PLAN;
ARTICLE II — LANGUAGE AND DEFINITIONS; ARTICLE III —
ZONING REGULATIONS, IN GENERAL AND PROVIDING FOR
ADMINISTRATION, APPLICATION PROCEDURES, GENERAL.
PROVISIONS AND EXCEPTIONS, ESTABLISHMENT OF
DISTRICTS, PLANNED UNIT DEVELOPMENTS,
SUPPLEMENTARY REGULATIONS, LANDSCAPING AND
ARTICLE IV — SUBDIVISION REGULATIONS — IN GENERAL
AND PROVIDING FOR APPLICATION PROCEDURES,
REQUIRED IMPROVEMENTS, ASSURANCE FOR COMPLETION
AND MAINTENANCE OF IMPROVEMENTS, DESIGN AND
CONSTRUCTION STANDARDS. THIS ORDINANCE ALSO
PROVIDES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL
OF CONFLICTING ORDINANCES, OR PORTIONS THEREOF
AND PROVIDES FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter
the "Commission") hereby finds that the public health, safety and welfare of citizens are
protected and enhanced by the enactment of these Zoning, Subdivision and Land Development
Regulations. These regulations shall serve to inform the public of regulations and provisions,
which generally and specifically regulate the use and development of land and waters within the
City of Atlantic Beach. These Land Development Regulations shall also: (a) protect the natural
environment and its resources; (b) protect and preserve the quality of life within the City of
Atlantic Beach; (b) implement the Comprehensive Plan for the City of Atlantic Beach, and (d)
preserve Constitutionally protected property rights, and
WHEREAS, the Zoning Districts and regulations set forth herein provide for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
Ordinance 90-01-172 Page 1 of 3
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to accomplish
and implement the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 12th
day of November, 2001 at 7:15 p.m. and on the 26th day of November, 2001 at 7:15 p.m. to hear
and enact said Zoning, Subdivision and Land Development Regulations.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals are hereby incorporated herein as Findings of Fact in
support of this Ordinance and these Zoning, Subdivision and Land Development Regulations.
SECTION 2. The attached Exhibit A, Zoning, Subdivision and Land Development
Regulations (hereinafter "Land Development Regulations") are hereby incorporated as Chapter
24 of the City of Atlantic Beach Code of Ordinances, and enacted by reference.
SECTION 3. City of Atlantic Beach Zoning and Subdivision Regulations as adopted
within Chapter 24 of the City of Atlantic Beach Code of Ordinances through Ordinance Number
90-01-170, as they may have been amended from time to time, are hereby repealed, provided that
certain development, land use, or construction, if qualified, may have vested rights to continue or
be completed under the terms of these repealed ordinances or provisions therein.
SECTION 4. Any violation occurring before the effective date of these Land
Development Regulations shall not be deemed voided by the enactment of this Ordinance.
SECTION 5. All provisions of any City of Atlantic Beach ordinance, resolution,
regulation or policy in express conflict with these Land Development Regulations are hereby
repealed to the extent of such conflict.
SECTION 6. Other regulations and ordinances which may regulate the use and
development of Land, such as but not limited to utility, sign, vegetation, impact fee ordinances,
and ordinances incorporating Florida Building Codes, and other such technical codes, remain in
effect and are not replaced by these Land Development Regulations.
SECTION 7. In the case that any section, subsection, paragraph, phrase or sentence of
this Ordinance or these Land Development Regulations is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the validity and lawfulness
of the remaining portions of this Ordinance or these Land Development Regulations.
SECTION S. This Ordinance and these Land Development Regulations shall take effect
on January 01,2002.
Ordinance 90-01-172 Page 2 of 3
SECTION 9. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of November, 2001.
Passed on final reading and public hearing this r7�
A. proved as to form and correctness:
NSEN, ESQUIRE
City tforney
Attest:
CLuAAPArti
MA EN KING
City Clerk
,,p' sovember, 2001.
1 ..
J.41.. E ERVE
Mai • I'residi Officer
Ordinance 90-01-172 Page 3 of 3
November 26, 2001
EXHIBIT A
Chapter 24
ZONING, SUBDIVISION AND
LAND DEVELOPMENT REGULATIONS
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and Authority.
This Chapter, together with all future amendments hereto, is adopted under the terms granted by the
Charter. The City Commission does hereby exercise the power to classify Land within the jurisdiction
of the City of Atlantic Beach into Zoning Districts; to review, approve or deny requests to change
Zoning District classifications, requests for Uses -by -Exception, requests for Variances; to hear appeals
on any decisions; to review and approve or deny Plats for the Subdivision of Land and to make
Comprehensive Plan amendments.
Sec. 24.-2. Purpose and Intent.
The purpose of this Chapter, the Zoning Districts and regulations set forth herein is to provide for
orderly growth; to encourage the most appropriate use of Land; to protect the natural environment; to
protect and conserve the value of property; to prevent the overcrowding of Land; to promote, protect
and improve the health, safety, comfort, good order, appearance, convenience, morals and general
welfare of the public; and to help accomplish the goals and objectives of the Comprehensive Plan.
Further:
(a) In interpreting and applying the provisions of this Chapter, these provisions shall be held to be the
minimum requirements for the promotion of the health, safety, morals and general welfare of the
community.
(b) It is not intended by this Chapter to interfere with or abrogate or annul any Easements, Covenants
or other private agreements between parties. Where any provision of this Chapter imposes
restrictions different from those imposed by any other . provision of this Chapter, or any other
ordinance, rule or regulation, or other provision of law, whichever provisions are the more
restrictive or impose higher standards shall control.
Sec. 24-3. Jurisdiction.
The provisions of this Chapter shall apply to all Lands, Buildings, Structures and to the Uses within the
jurisdiction of the City of Atlantic Beach. No Land, Building or Structure shall be moved, added to or
enlarged, altered or maintained, except in conformance with the provisions of this Chapter and in
conformance with the Comprehensive Plan.
November 26, 2001
Sec. 24-4. Amendments.
For the purpose of providing the public health, safety and general welfare, the City Commission may,
from time to time, amend the provisions imposed by this Chapter. Public hearings on all proposed
amendments shall be held by the City Commission or Community Development Board in the manner as
prescribed by Florida law.
Sec. 24-5. Legal Status and Consistency with the Comprehensive Plan.
Pursuant to Chapter 163.3194(1), Florida Statutes, all Development undertaken, and all actions taken in
regard to Development, shall be consistent with the adopted Comprehensive Plan. Further, all Land
Development Regulations enacted or amended shall be consistent with the adopted Comprehensive
Plan, and in the event of inconsistency between the requirements of any zoning or Land Development
Regulations, the provisions of the Comprehensive Plan shall prevail. The City Commission shall have
the authority to amend the adopted Comprehensive Plan in accordance with the process established
within Chapter 163.3184, Florida Statutes.
Secs. 24-6. through 24-15. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 24-16. Construction of Language.
The following rules of construction shall apply to the text of this Chapter:
(a) The particular shall control the general.
(b) In case of any difference in the meaning or implication between the text of this Chapter and any
caption or illustrative table, the text shall control.
(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(d) A "Building" or "Structure" includes any part thereof, and these terms may be used
interchangeably.
(e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."
(f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items,
conditions, provisions or events connected by the conjunction "and", "or" or either :... or," the
conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions or events shall apply;
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in
any combination;
(3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply
singly but not in combination.
November 26, 2001
(g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
Sec. 24-17. Definitions.
For purposes of this Chapter, the following terms shall have the meanings as set forth within this
Section.
Abutting Property shall mean any property that is immediately adjacent to or contiguous to the subject
property, or that is located immediately across any road or public Right-of-way from the subject
property.
Accessory Structure shall mean any Structure constructed on a Lot, not attached to the Principal
Structure, and ancillary to the Principal Structure. Pump houses for exterior well pumps not exceeding
nine (9) square feet in area and four (4) feet in height shall not be considered Accessory Structures.
Pump houses larger than nine (9) square feet or four feet in height shall be considered as a Private
Garage for the purpose of determining height and area regulations. This definition shall not include
Fences, Hedges and Walls, storage structures not exceeding eight (8) feet in height and eighty. (80)
square feet, children's play equipment, pet houses and Landscape elements provided such are otherwise
in compliance with the requirements of this Chapter.
Accessory Use is one that is incidental to the main Use of the premises.
Administrative Official as used within this Chapter shall mean that person(s) designated by the City
Manager or the City Commission to perform such duties as required pursuant to this Chapter.
Adversely Affected Person as used within this Chapter shall mean a person who is suffering or will
suffer an adverse effect to an interest protected or furthered by these Land Development Regulations or
the City of Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common
with other members of the community, but must exceed in degree the general interest in community
good shared by all persons in the community.
Alley shall mean a public or private way, which affords only a secondary means of access to property
abutting thereof, which. is not otherwise designated a thoroughfare or for general traffic, and which is
not otherwise designated as a Street.
Alteration shall mean 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.
Animal Hospital. See Veterinary Clinic or hospital.
Apartment House. See Dwelling, Multi -family.
Applicant shall mean the title owner of record, or his authorized representative, of Lands that are the
subject of a request for a change in zoning classification, a Use -by -Exception, a Variance, an appeal or
any Development Permit.
Appraised Value shall mean the value to an improvement or property as determined by a certified MIA
appraiser. For the purpose of determining the Appraised Value, the certified appraisal shall have been
performed within the previous twelve (12) months.
November 26, 2001
Assessed Value shall mean the value to an improvement or property as determined by the Duval
County Property Appraiser in the manner provided by law.
Automotive Repair shall mean the repair, rebuilding or reconditioning of motor vehicles or parts
thereof, including collision service, painting and steam cleaning of vehicles.
Bar or Lounge shall mean any place devoted primarily to the selling or dispensing and drinking of
alcoholic beverages 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.
Block shall mean an arrangement or combination of Lots, the perimeter of which abuts Street Right-of-
ways or other publicly owned Lands. This may be construed to include approved Subdivision plans
with Lot arrangements or combinations where only a portion of the perimeter abuts a Street Right-of-
way or public owned Land.
Boarding House, Rooming House, Lodging House or Dormitory shall mean a Building or part
thereof, other than a Hotel, Motel or Restaurant, where meals and/or lodging are provided for
compensation for three (3) or more unrelated persons and where no cooking or dining facilities are.
provided in individual rooms.
Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or
instrument of credit in any amount and form satisfactory to the City Commission. All Bonds shall be
approved by the City Commission wherever a Bond is required by this Chapter.
(a) Maintenance Bond: Upon issuance of the Certificate of Occupancy, or when required
improvements are installed prior to recording the Plat, surety must be posted in the amount of one
hundred (100) percent of the original engineer's estimate of the cost of improvements. The
condition of this obligation is such that the City will be protected against any defects resulting from
faulty materials or workmanship of the aforesaid improvements for a period of one year.
(b) Performance Bond: When required improvements are installed after recording the Plat, surety
must be posted in the amount of one hundred and twenty-five (125) percent of the engineer's
estimate of costs, including landfill.
Buffering. See Screening.
Building shall mean any Structure designed or built for support, enclosure, shelter or protection of
persons, animals or property of any kind. Building shall include any Structure constructed or used for a
residence, business, industry or other private or public purposes, including Structures that are accessory
to such Uses, provided such Structures are in compliance with the Florida Building Code.
Building Coverage. See Lot Coverage.
Building Permit shall mean any permit which authorizes the commencement of the construction of
improvements in accordance with the Construction Plans approved by the City under the provisions of
this Chapter and other applicable Federal, State and local regulations.
Building, Principal shall mean a Building in which is conducted the main or Principal Use of the Lot
or parcel on which the Building is situated.
Building Restriction Line shall mean the line(s) extending across the
front, sides and/or rear of the property, as defined by the Building
Setback requirement of each Zoning District or as depicted on a platted
Lot of Record. Unless otherwise allowed by this Chapter, Development
of Buildings and Structures shall be contained within Building
Restriction Lines. (See Figure 1 and also definition for Building
Setback. Building Setback and Building Restriction Line may have the
same meaning and may be used interchangeably.)
Building Setback shall mean the minimum required horizontal distance
between the front, rear or side lines of the Lot and the front, rear or
sides of the Building. When two (2) or more Lots under single or
unified ownership are developed as a single Development Parcel, the
exterior Lot Lines of the combined Parcel(s) shall be used to determine
required Building Setbacks. (See Figure 2 and definition for Building
Restriction Line. Building Setback and Building Restriction Line may
have the same meaning and may be used interchangeably.)
Bulkhead shall mean a fixed Structure constructed between Land and
water or marsh areas, primarily designed to resist earth pressures.
Car wash shall mean an area of Land or a Structure with machine or
hand operated facilities, used principally for the cleaning, washing,
polishing or waxing of motor vehicles, but shall not include the repair
or servicing of motor vehicles.
Cemetery shall mean 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
connection with and within the boundaries of such Cemetery.
November 26, 2001
Front
Building Restriction Line
Figure 1
Hunt
Figure 2
Center Line, Street shall mean a line running parallel with the highway Right-of-way, which is the
distance between the extreme edges of the official Right-of-way width.
Certificate of Occupancy (Certificate of Completion) shall mean that certificate issued by the City of
Atlantic Beach subsequent to final inspection by the designated Administrative Official verifying that
all improvements have been completed in conformance with the requirements of this Chapter, any Final
Subdivision Plat, and the approved Construction Plans.
Certificate of Ownership shall mean an opinion of title of a licensed attorney or title company
certifying 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 of the tract. The
Certificate shall also state the names and nature of all liens, mortgages and encumbrances against the
title to said tract, if any.
Certified Survey shall mean a survey, sketch plan, map or other exhibit containing a written statement
regarding its accuracy or conformity to specified standards certified and signed by the registered
surveyor under whose supervision said survey was prepared.
Change of Use shall mean discontinuance of an existing Use and the substitution of a different Use as
classified by these Land Development Regulations. In the case of question regarding Use, such Use
5
November 26, 2001
shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the
United States Office of Management and Budget.
Child Care means the care, protection, and supervision of a child, for a period of less than 24 hours per
day, on a regular basis, which supplements parental care, enrichment, and health supervision for the
child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such
care.
Child Care Facility shall include child care centers or child care arrangements which provide child
care for more than three (3) children unrelated to the operator and which receives a payment, fee, or
grant for any of the children receiving care, wherever operated, and whether or not operated for profit.
Church shall mean a Building used for nonprofit purposes by a recognized or established religion as its
place of worship. Such Building may include a residential Dwelling Unit for the pastor or minister.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for
examination and treatment by one person or a group of persons practicing any form of healing or health
services to individuals, whether such persons be medical doctors, chiropractors, osteopaths,
chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful
in theState of Florida.
Club shall mean 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 or to render a service,
which is customarily carried on as a business.
Coastal Construction Control Line (CCCL) shall mean the line of that name as determined by the
Florida Department of Environmental Protection.
Code shall mean the Code of Ordinances for the City of Atlantic Beach, Florida.
Community Center shall mean a recreational facility or a community meeting facility.
Comprehensive Plan shall mean the local government Comprehensive Plan, which was adopted by the
City Commission pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, consistent with Chapter 163, Florida Statute, and which serves as the legal guideline for
the future development of the City. Pursuant to Florida Statutes, Chapter 163.3194(1)(b), in the case of
any inconsistency between the provisions of this Chapter and the Comprehensive Plan, the
Comprehensive Plan shall prevail.
Construction Plans shall mean the construction and engineering drawings, specifications, tests and
data necessary to show plans for construction of the proposed improvements to Land, and shall be in
sufficient detail to permit evaluation of the proposals.
Corner Lot. See Lot, Comer.
Covenants shall mean private agreements recorded in the public records that restrict the Use of private
property. These Land Development Regulations shall not abrogate or annul any private Covenants or
agreements, provided however, that if these regulations impose a greater restriction on the Use and
Development of Land, the provisions of these regulations shall govern. The City of Atlantic Beach
shall not enforce private Covenants and agreements, however, the City shall not lmowingly issue
6
November 26, 2001
Development Permits that are in conflict with private Covenants. If applicable, applications for
Development Permits shall provide evidence of compliance with private Covenants prior to the
issuance of such Permits. The term Covenants shall include Restrictive Covenants, and other similar
terms used to describe such private agreements.
Density shall mean the number of residential Dwelling Units permitted per acre of Land, or portion
thereof, exclusive of dedicated public Right-of-ways, canals and drainage ditches, lakes, rivers and
jurisdictional Wetlands or Lands seaward of the Coastal Construction Control Line. Allowable Density
shall be established by the Comprehensive Plan, as may be amended.
Development shall be defined according to Florida Statutes, Chapter 380.04, as follows:
(a) Development means the carrying out of any Building or mining operation or the making of any
material change in the Use or appearance of any Structure or Land and the dividing of Land into
two (2) or more parcels.
(b) The following activities or Uses shall be taken for the purposes of this Chapter to involve
development, as defined in this section:
(1) A reconstruction, alteration of the size or material change in the external appearance of a
Structure on Land.
(2) A change in the intensity of Use of Land, such as an increase in the number of Dwelling units
in a Structure or on Land or a material increase in the number of businesses, manufacturing
establishments, offices or Dwelling units in a Structure or on Land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any
coastal construction, as defined in F.S. Ch. 161.021.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of
Land.
(5) Demolition of a Structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of Land.
(c) The following operations or Uses shall not be taken for the purposes of this Chapter to involve
Development as defined in this section:
(1) Work by highway or road agency or railroad company for the maintenance or improvement of a
road or railroad track, if the work is carried out on Land within the boundaries of the Right-of-
way.
(2) Work by a utility and/or other person engaged in the distribution or transmission of gas or
water, for the purpose of inspecting, repairing, renewing or construction on established rights of
way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the
like.
(3) Work for maintenance, renewal, improvement or alteration of any Structure, if the work affects
only the interior or the color of the Structure or the decoration of the exterior of the Structure.
November 26, 2001
(4) The Use of any Structure or Land devoted to Dwelling Uses for any purpose customarily
incidental to enjoyment of the Dwelling.
(5) A change in the ownership or form of ownership of any parcel or Structure.
(6) The creation or termination of rights of access, riparian rights, Easements, Covenants
concerning development of Land or other rights in Land.
Development Permit shall include any Building Permit, Variance, Use -by -Exception, Plat or
Subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall
permit the Development of Land.
District shall mean Zoning District classifications as established by the official Zoning Maps and as set
forth in Division 5 of this Chapter.
Duplex. See Dwelling, Two-family.
Dwelling Unit shall mean a single unit providing complete independent living facilities for a Family as
defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, Multi -family shall mean a residential Building designed for or occupied exclusively by three
(3) or more families, with the number of families in residence not exceeding the number of Dwelling
Units provided.
Dwelling, Single-family shall mean a Building containing one Dwelling Unit, and not attached to any
other Dwelling Unit by any means, and occupied by one Family only.
Dwelling, Two-family (Duplex) shall mean a residential Building containing two Dwelling Units
designed for or occupied by two (2) families, with the number of families in residence not exceeding
one Family per Dwelling Unit.
Easement shall mean 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 certain person(s).
Eaves and Cornices shall mean typical projections from the roof Structure of a Building. Eaves and
Cornices shall not project beyond forty-eight (48) inches into Required Front and: Rear Yards. Eaves
and Cornices shall not project into Required Side Yards beyond twenty-four (24) inches, or forty (40)
percent of the established. Required Side Yard Setback, whichever distance is less.
Environmentally Sensitive Areas shall include lands, waters or areas within the City of Atlantic
Beach which meet any of the following criteria:
(a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of
Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD);
(b) Estuaries, or estuarine systems;
(c) Outstanding Florida Waters and Natural Water Bodies;
(d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those
beach and dune areas seaward of the Coastal Construction Control Line;
November 26, 2001
(e) Areas designated as Conservation by the Future Land Use Map;
(f) Essential Habitat to Listed Species as determined by approved methodologies of the Florida Fish
and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services,
and the U.S. Fish & Wildlife Service;
Exception, Use -by is a departure from the general provisions of these Land Development Regulations
granted under the express provisions of the enactment itself. See Sec. 24-63.
Family shall mean 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 housekeeping unit, though not related by
blood, adoption or marriage, shall be deemed to constitute a Family.
Family Day Care Home shall mean as defined by State law. (See also Group Care Home.) Pursuant
to Chapter 166.0445, Florida Statutes, the operation of a residence as a family daycare home registered
and licensed with the Department of Children and Family Services _ shall constitute a permitted
residential Use and shall not require approval of a Use -by -Exception.
FIood shall mean a temporary rise in the level of a body of water inundating areas not ordinarily so
covered.
Flood Frequency shall mean the statistically determined average for how often a specific flood level or
discharge may be equaled or exceeded.
Floodway shall mean the channel of a watercourse and portions of the adjoining flood plane, which are
reasonably required to carry and discharge the regulatory flood.
Floor Area shall mean the sum of the gross horizontal areas of all floors of a Building or Buildings,
measured from exterior faces of exterior walls or from the center line of walls separating two (2)
attached Buildings.
Foster Home shall mean any establishment or private residence that provides 24-hour care for more
than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of
the children receiving care, and whether or not operated for profit.
Future Land Use, as used in this Chapter, shall mean the Future Land Use as designated by the
adopted Comprehensive Plan map, as may be amended.
Garage Apartment shall mean a living facility or guest quarters for not more than one family, which is
combined with a Private Garage, allowed only as set forth within Section 24-88. A Garage Apartment
shall not be leased or rented for periods of less than ninety (90) consecutive days. Only one Garage
Apartment shall be allowed on a residential Lot, subject to the provisions of Section 24-88. Garage
Apartments shall remain in joint ownership with the Principal Use Structure.
Garage, Apartment Building shall mean a Building, designed and intended to be used for the housing
of vehicles, belonging to the occupants of an apartment Building on the same property.
Garage, Private shall mean an Accessory Structure or a portion of the Principal Building used for
storage of motor vehicles and personal property belonging to the occupants of the Principal Building.
A carport shall be considered as a Private Garage.
November 26, 2001
Garage, Public shall mean a Building or portion thereof, other than a Private Garage, designed or used
for the parking, storage and hiring of motor vehicles.
Garage, Repair shall mean a Building, or portion thereof, used for repairing, equipping or servicing
motor vehicles. See also Service Station.
Garage Sale shall mean the sale of personal property in, at or upon any residentially zoned property, or
upon any commercially zoned property independent of any business licensed under this Code to
conduct retail sales upon such property. Garage Sales shall include, but not be limited to, the
advertising of the holding of any such sale, or the offering to make any such sale, whether made under
any other name such as Yard sale, front. Yard sale, back Yard sale, home sale, patio sale, rummage sale.
Government Use shall mean the Use of Lands owned by the Federal, State or local government used
for a purpose, which is related to governmental functions. Any lawful activity is permitted without
restriction. Any Lands used by a government, which is converted to private ownership, shall comply
with the requirements of the Zoning District classification and the Comprehensive Plan.
Grade, Calculated Average shall mean the average elevation of a site, calculated prior to excavation,
fill or Land balancing. The average elevation of the site shall be determined by superimposing a
horizontal grid composed of ten (10) equidistant lines by ten (10) equidistant lines, arranged such that
the outer perimeter lines shall be substantially aligned with the exterior Lot lines, over the existing site.
At each of the intersections of the lines of the grid, the existing grade elevation shall be determined by a
registered Land surveyor using standard practices. The average elevation of the site shall then be
determined by adding the one hundred (100) elevations as measured at the points of intersection of the
grid together and dividing by one hundred (100). This calculated average elevation shall be Used for all
determinations of Building heights on that site and shall be recorded in the records of the City.
Alternatively, and by mutual concurrence of the property owner and the zoning official, on sites where
the existing grade is predominantly flat, with few or no variations of grade, the calculated average grade
may be calculated by establishing the elevation at the points of intersection of the exterior Lot lines plus
one (1) point at the approximate center of the property. All points measured shall lie on or within the
Lot lines of the property.
Grade, Developed Calculated Average shall be used for Lots with existing Structures or sites where a
Structure previously existed and no record or means of determining the Calculated Average Grade
exists. The Developed Calculated Average Grade shall be determined by superimposing a ten by ten
grid of elevation points over the entire Lot. The average elevation of those points not lying within any
portion of an existing Structure shall be the Developed Calculated Average Grade for the purpose of
Building height measurements. Alternatively, and by mutual concurrence of the property owner and the
Building Official, on sites where the existing grade is predominantly flat, with few or no variations of
grade, the Developed Calculated Average Grade may be calculated by establishing the elevation at the
points of intersection of the exterior Lot Lines. All points measured shall lie on or within the Lot Lines
of the property.
Grade, Finished shall mean the elevation of a site after all fill, Land balancing or site preparations
have been completed. Finished grade shall not be used in the calculation of allowable Height of
Building.
Group Care Home shall mean 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.
November 26, 2001
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.
Height of Building shall mean the vertical distance from the Calculated Average Grade of the Lot to
the highest point of a Building's roof Structure or parapet, and any attachments thereto, exclusive of
chimneys.
Home Occupation shall mean any Use conducted entirely within a Dwelling and carried on by an
occupant thereof, which Use is clearly incidental and secondary to the Principal Use of the Dwelling for
residential purposes and does not change the character thereof. Home Occupations shall be allowed
only in accordance with the requirements of Section 24-159.
Home Office shall mean an activity consisting only of a private office for a practitioner of a recognized
profession, which is entirely located within a residential Structure and does not involve any daily
contact with customers or clients. A Home Office shall be clearly incidental and accessory to the
residential Use of the property, and shall not involve any employees, commercial signage,
manufacturing or storage of products or materials, equipment other than normal office equipment and
shall not create any additional daily traffic. Home Offices shall be a permitted Accessory Use in all
Residential Zoning Districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care
and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments,
but not including any dispensary or first-aid treatment facilities maintained by a commercial or
industrial plant, educational institution, convent or convalescent home, as previously defined.
Hotel, Motel, Motor Lodge or Tourist Court shall mean a Building as licensed by the State of Florida
containing individual guest rooms for which daily or weeldy lodging is provided.
House Trailer. See Mobile Horne.
Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common
Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking
Lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base
or lining of an impervious material. Wood decking elevated two or more inches above grade shall not
be considered impervious provided that the ground surface beneath the decking is not impervious.
Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and
which allow the percolation of that stormwater shall not be considered impervious areas. Swimming
pools shall not be considered as Impervious Surfaces because of their ability to retain additional rain
water, however, decking around a pool may be considered impervious depending upon materials used.
Institutional Use shall mean the Structure or Land occupied by a group, cooperative, board, agency or
organization created for the purpose of carrying on functions, such as hospitals, schools, churches;
fraternal orders, orphanages and nursing or convalescent homes.
Junk Yard. See Salvage Yard.
Kennel, Pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for
breeding, boarding or treatment purposes. This shall not include, Veterinary Clinics, animal grooming
parlors or pet shops.
Kitchen shall mean an area equipped for food storage, preparation, or cooking in one household.
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November 26, 2001
Land shall mean the earth, water and air, above _ or below, or on the surface, and includes any
improvements or Structures customarily regarded as Land.
Land Development Regulations, as used within this Chapter shall have the same meaning as defined
in Section 163.3164, Florida Statutes and shall include zoning, subdivision, Building and construction
and other regulations controlling the Use and Development of Land.
Landscaping shall mean any of the following or combination thereof: living materials, such as but not
limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials
commonly used in Landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms,
sculptures and fountains, but excluding paving.
Laundromat, Self-service shall mean a business that provides home -type clothes washing and drying
or ironing machines to be used by customers on the premises.
Live Entertainment includes, but is not limited to, singers, pianists, modeling of lingerie for audiences
for entertainment purposes, musicians, musical groups, bands, vocal or instrumental dancers, theatrical
shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on
and conducted in the presence of and for the entertainment and amusement of others and as
distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment.
Living Area shall mean 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 contained within the walls of a Dwelling Unit.
Loading Space shall mean a space within the main Building or on the same Lot, providing for the
standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the
requirements of this Chapter.
Lot shall mean a parcel of Land occupied or intended for occupancy by a Use permitted in this Chapter
and having its frontage upon a Street Right-of-way or permanent Easement, and as may be defined in
Chapter 177, Florida Statutes.
Lot Area shall mean the area formed by the horizontal plane within the Lot Lines.
Lot, Corner shall mean a Lot abutting two (2) or more Streets, or at a Street intersection or at a Street
corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior Lot
Line of the narrowest side of the Lot adjoining the Street shall be considered the front Yard. The
exterior Lot Line of the longest side of the Lot abutting the Street shall be considered a side Yard and
shall have a minimum setback of fifteen (15) feet. The opposite side Yard shall conform to the
minimum side Yard requirement of the Zoning District in which it is located. The rear Yard shall have
a minimum setback of twenty (20) feet.
Lot Coverage shall mean the area of the Lot covered by all Impervious Surfaces.
Lot Depth shall mean the distance measured from the middle point of the front Lot Line to the middle
point of the opposite rear Lot Line.
Lot Line shall mean the legal boundary of a Lot as established by a certified land survey.
November 26, 2001
Lot of Record shall mean:
(a) a Lot that is part of a documented subdivision, the map of which has been recorded in the Office of
the Clerk of the Circuit Court, or
(b) a Lot or parcel of Land described by metes and bounds, the description of which has been recorded
in the Office of the Clerk of the Circuit Court, consistent with and in compliance with Land
Development Regulations in effect at the time of said recording.
Lot Width shall mean the mean horizontal distance between the side Lot Lines, measured at right
angles to its depth.
Marina shall mean an establishment with a waterfront location for the purpose of storing water craft
and pleasure boats on Land, in Buildings, in slips or on boat lifts, and including accessory facilities for
purposes such as refueling, minor repair and launching:
Mean High Water shall mean the average height of the high waters over a 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 Chapter 253, Florida Statutes.
Mini -warehouses shall include all those businesses commonly known as mini -warehouses, which shall
be utilized for the sole purpose of storage of tangible personal property.
Mobile Home shall mean a Structure, transportable in one or more sections, which is eight (8) feet or
more in width and which is built on an integral chassis and designed to be used as a Dwelling when
connected to the required utilities including plumbing, heating, air-conditioning, and electrical systems.
Nonconforming Lot of Record shall mean a Lot of Record containing less than the minimum site area,
site dimensions or other site requirements of the applicable Zoning District, or which is not in
compliance with the provisions of other currently effective Land Development Regulations, as may be
lawfully amended, but which was legally recorded and documented prior to the effective date of such
Land Development Regulations. (See Lot and Lot of Record).
Nonconforming Structure shall mean a Structure or Building or portion thereof, which does not
conform with the Land Development Regulations applicable to the Zoning District in which the
Structure is located, but which was legally established prior to the effective date of such Land
Development Regulations.
Nonconforming Use shall mean the Use of a Structure or Building or portion thereof, or Land or
portion thereof, which does not conform with the Land Development Regulations and / or
Comprehensive Plan Future Land Use Map designation applicable to the Lands in which the Use is
located, but which was legally established prior to the effective date of such Land Development
Regulations or Comprehensive Plan.
Nursing Home. See Group Care Home.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office, Business or Professional shall mean a Building providing office space for business of
professional services.
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November 26, 2001
Open Space shall mean an area open to the sky, which may be on the same Lot with a Building. The
area may include, along with the natural environmental features, landscaping elements, stormwater
retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets,
Structures and screened or impervious roofed Structures shall not be allowed in required Open Space.
Parcel shall mean a tract of Land, which may be described by metes and bounds or recorded Plat. See
also the definition for Lot.
Parking, Accessible shall mean parking spaces designed in compliance with the Americans with
Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG).
Parting Lot shall mean an area used exclusively for the parking of motor vehicles, whether or not a fee
is charged.
Parking Space, Off -Street shall mean a space consisting of an area adequate for parking motor
vehicles with room for opening doors on both sides, together with properly related access to a public
Street or alley and maneuvering room, but located totally outside of any Street or alley Right-of-way.
Width, depth and arrangement of Parking Spaces shall conform t� specifications in this Chapter and
may be divided into spaces for standard size vehicles.
Permanent Control Point (PCP) 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.
Permanent Reference Monument (PRM) shall consist 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) inches 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.
Planned Unit Development (PUD) shall mean Land under unified control, planned and developed as a
whole in a single unified Development or in approved phases. PUDs may include Dwelling Units and
related Uses and facilities. Applications for Planned Unit Developments shall identify all Principal and
Accessory Uses and Structures proposed within the PUD as well as those in the surrounding areas.
Planned Unit Developments are intended to be developed according to a comprehensive and detailed
plan of development, which includes Streets, utilities, Lots or Building sites, and facilities and services
for common use by some or all of the occupants of the PUD, whether public or private. Planned Unit
Developments shall be consistent with the Comprehensive Plan.
Planning Agency shall mean the Community Development Board, or any other agency designated by
the City Commission, to serve those functions as the City's Local Planning Agency, pursuant to
Chapter 163, Florida Statutes as well as other functions as directed by the City Commission.
Plat, Final Subdivision means the Plat to be recorded in accordance with final engineering plans,
specifications and calculations; certification of improvements, as -built drawings, or performance
guarantee; and other required certifications, bonds, agreements, approvals, and materials for a
Development or a phase of a Development or the entire Parcel of Land proposed for Development as
required pursuant to Article IV of this Chapter.
November 26, 2001
Plat, re -plat, amended Plat, or revised Plat shall mean a map or delineated representation of the
division or re -division of Lands, being a complete and exact representation of the Subdivision and
including other information in compliance with the requirements of all applicable Sections of this
Chapter, the Comprehensive Plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes.
Principal Building shall mean the Structure or Building housing the main Use of the property.
Principal Use shall mean the primary Use of Land, as distinguished from an Accessory Use.
Property Line shall mean the exterior Lot Lines of a single Parcel or a group of Lots when two or more
Lots are considered together for the purposes of Development.
Protective covenants. See Covenants.
Public Improvement shall mean those improvements required to be dedicated to the City, including
but not limited to, Street pavements, curbs and gutters, sidewalks, alley pavements, walkway
pavements, water mains, sanitary sewers, storm sewers or drains, Street names, signs, Landscaping,
parks, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs) or any other
improvement required by the City.
Public Open Space shall mean Open Space, Land or water areas, available for public Use, not
restricted to members or residents.
Public Utility Services or Essential Facilities shall mean the erection, construction, alteration,
operation or maintenance of Buildings, power plants or substations, water treatment plants, pumping
stations, sewage disposal or pumping plants, telecommunication facilities and other similar public
service. Structures operated by a publicly or privately owned utility, a municipal or other governmental
agency, lawfully designated to furnish services area also included within this definition.
Recreational Vehicle (RV) shall include the following types of vehicles:
(a) Travel trailer shall mean a vehicular, portable Structure built on a chassis and towed; designed
to be Used as a temporary Dwelling for travel, recreation and vacation Uses; permanently
identified 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 shall mean a Structure designed to be mounted on a truck chassis with sufficient
equipment to render it suitable for Use as a temporary Dwelling for travel, recreation and
vacation Uses.
(c) Camping trailer shall mean a collapsible, temporary Dwelling Structure covered with a water-
repellent fabric, mounted on wheels and designed for travel, recreation and vacation Uses.
(d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into
the trunk with the cover removed, and is designed for travel, recreation and vacation Uses.
(e) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for consumption on or off the
premises or within an enclosed business or Building.
Right-of-way shall mean the area of a highway, road, Street, way, parkway or other such strip of Land
15
November 26, 2001
reserved for public Use, whether established by prescription, easement, dedication, gift, purchase,
eminent domain or other lawful means.
Salvage Yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged,
stored, baled, packed, disassembled or handled. Salvage Yards shall include automobile wrecking, house
wrecking and structural steel materials and equipment Yards, but shall not include places for the purchase
or storage of used furniture and household equipment, used cars in operable condition, or used or
salvaged materials for manufacturing operations.
Screening shall mean the required treatment of Land parallel to adjacent Lot Lines, containing either:
densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an
evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6)
feet at maturity; or an opaque wood, masonry, brick or similarly constructed Fence, wall or barrier.
Where a Fence, wall or similar type barrier is used, construction materials, finish and colors shall be of
uniform appearance. All screening shall be maintained in good condition.• Where appropriate, a
landscaped berm may be used in place of a fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required Off -Street Parking Spaces, the
number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall
count as one seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven
(7) square feet of floor space shall constitute a required Seat.
Service Station, Automotive shall mean any Building, Structure or Land Used for the dispensing, sale or
offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is
performed general automotive servicing, as distinguished from automotive repairs.
Setback shall mean the required distance between the Lot Line and the Building or Structure. See
definition for Building Setback.
Shopping Center shall mean a group of retail stores or service establishments, planned, developed,
owned and managed as an integral unit, with Off -Street Parking provided on the property, and related in
location, size and type of shops to the trade area which the unit serves.
Sight Triangle shall mean the area within the limits described by the two (2) intersecting center lines of a
Street and a line drawn between them from points on each center line that are a prescribed number of feet
from the intersection of the center lines. See Figure 3.
Sign shall mean any written, pictorial, presentation, illustration, decoration,
banner, pennant, balloon or other device which is used to announce, direct
attention to, identify, advertise or otherwise convey a message.
Story shall mean that portion of a Building included between the surface of
any floor and the surface of the floor above it, or if there is no floor above it,
then the space between the floor and ceiling above.
Street shall mean a public or private thoroughfare, which affords the
principal means of access to Abutting Property. This includes lane, place,
way, Alley or other means of ingress or egress, regardless of the term used to
describe it.
0
a• I
1
C4.; I
till I
b \
Sight Triangle
▪ LotLines
Street Right -of -Way Line
Figure 3
November 26, 2001
Street, Arterial shall mean a part of the roadway system serving as a principal network for through
traffic flow, including all State roads and any other roadway serving a similar function. Arterial Streets
are utilized primarily for high speed vehicular traffic and heavy volumes of traffic, collecting traffic from
Collector Streets.
Street, Major Collector shall mean a Street carrying medium volumes of traffic collected primarily from
Minor Collector Streets and delivering the traffic to Arterial Streets.
Street, Minor Collector shall mean a Street carrying relatively light volumes of traffic primarily from
Minor Collector Streets to Major Collector Streets.
Street, Private shall mean privately owned and maintained on a recorded Easement or approved by the
appropriate City agency.
Street, Public shall mean a Street legally dedicated to public Use and officially accepted by the City.
Street Right-of-way Line shall mean the dividing line between a Lot or parcel of Land and the.
contiguous Street. The Street Right -of way line shall be considered a Lot Line.
Structural Alteration shall mean any change in the supporting members of a Structure, such as bearing
walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior
walls.
Structure shall mean that which is built, constructed or erected that is thirty (30) inches or more in
height, excluding fences not over six (6) feet in height and landscape features that do not contain a solid
or screened roof such as trellises, pergolas, fountains and statuary.
Subdivision shall mean the division of Land, whether described by metes and bounds or by recorded Plat
into two (2) or more contiguous Lots or parcels of Land. However, the division of Land into parcels of
more than five (5) acres, not involving any change on Street lines or public easements shall not to be
deemed a Subdivision within the meaning of this Chapter. The term Subdivision shall include re -division
or re -subdivision. Subdivisions must demonstrate compliance with the provisions of this Chapter and the
Comprehensive Plan prior to the issuance Development Permits.
Swimming Pool shall mean any constructed pool used for swimming or bathing.
Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the
general public.
Townhouse shall mean a residential Dwelling constructed in a group of two or more attached units with
property lines separating each Dwelling Unit through a common wall(s) and where ownership is in fee-
simple title to each Dwelling and property. Development of Townhouses, or conversion to Townhouses,
shall be allowed only in compliance with Florida Building Codes related to adequate fire wall separation.
Further, development of Townhouses, or conversion to Townhouses, shall be allowed only in compliance
with the residential Density as established by the Comprehensive Plan, and in accordance with proper
Subdivision, Platting or re -platting provisions as contained in this Chapter and Part I, Chapter 177,
Florida Statutes.
Trailer, Boat, Horse, or Utility shall mean a conveyance drawn by other motive power and used for
transporting a boat, animal, equipment or general goods. See also Recreational Vehicle.
17
November 26, 2001
Travel Trailer Park or Court shall mean a park or court, licensed and approved by the State Board of
Health, and established to carry on the business of parking travel trailers.
Use. To the extent used in these Land Development Regulations, Use shall mean the lawful purpose for
which Land or water, or a Structure thereon, is designated.
Used, occupied, as applied to any Land or Structure, shall include the words "intended," "arranged,"
"designed to be used for" or "occupied by."
Variance, Zoning. A Zoning Variance shall mean a relaxation in the terms of this Chapter where such
Variance shall not be contrary to the public interest, and where because of exceptional narrowness,
shallowness, irregular shape of a specific piece of property, or because of exceptional topographic
conditions, or other unusual circumstances particular to a specific property, the literal enforcement of
certain requirements of this Chapter would result in an undue Hardship to carry out the purpose and intent
of this Chapter, or would be contrary to the purpose and intent of this Chapter. A Zoning Variance shall
not reduce Minimum Lot Area, Lot Width or Maximum Building Height as established for the various
Zoning Districts, and a Zoning Variance shall not be used to modify the Use terms of property. A Zoning
Variance shall be approved only in accordance with the provisions as set forth in Section 24-64 of this
Chapter:
Vehicular Use Area (VUA) means those areas of a site to be used for Off -Street Parking, employee
parking, service drives, Loading Spaces and access drives within property located in the Commercial and
Industrial Zoning Districts.
Vested Development shall mean a proposed Development project or an existing Structure or Use, which
in accordance with applicable Florida law or the specific terms of this Chapter, is exempt from certain
requirements of these Land Development Regulations and/or the Comprehensive Plan. .
Veterinary Clinic shall mean any Building or portion thereof designed or used for the veterinary care,
surgical procedures or treatment of animals, but shall not include the boarding of well animals.
Wetlands means those areas that are inundated or saturated by surface water or ground water at a
frequency and a duration sufficient to support vegetation typically adapted for life ih saturated soils.
Florida Wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands,
sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove
swamps and other similar areas. The delineation of actual Wetland boundaries may be made by
professionally accepted methodology consistent with the type of Wetlands being delineated but shall be
consistent with any unified statewide methodology for the delineation of Wetlands.
Yard means a required Open Space on the same Lot with a Building, unoccupied and unobstructed from
the ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks,
balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided within this
Chapter.
Yard, Required Front means the required Yard extending across the full width of the Lot, extending
from the front Lot Line to the front Building Setback Line as established by the Zoning District
designation. (See definitions for Eaves and Cornices and Building Setback.)
November 26, 2001
Yard, Required Rear means a required Yard extending across the full width of the Lot, extending
between the rear Lot Line and the Rear Building Setback Line as established by the Zoning District
designation. (See definitions for Eaves and Cornices and Building Setback.)
Yard, Required Side means a required Yard extending between a side Lot Line and the Side Building
Setback Line as established by the Zoning District designation. (See definitions for Eaves and Cornices
and Building Setback.)
Zoning Map shall mean the official record of the City of Atlantic Beach depicting the Zoning District
classifications on property within the municipal limits of the City of Atlantic Beach.
Secs. 24-18. through 24-30. Reserved.
ARTICLE M. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Seca 24-31. Scope.
The provisions of this Chapter shall be administered in accordance with the rules set forth within this
Article and the detailed regulations governing each Zoning District. Administrative procedures and the
responsibilities of the City Commission, the Community Development Director, and the Community
Development Board are set forth herein. Procedures for the filing of applications, for amendments to this
Chapter, the appeal of decisions on any matter covered within this Chapter are also included herein.
Secs. 24-32. through 24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City Commission.
It shall be the responsibility of the City Commission to perform the following duties and responsibilities
in accordance with this Chapter:
(a) To enforce this Chapter in accordance with, and consistent with, the adopted Comprehensive Plan for
the City of Atlantic Beach;
(b) To make amendments to the Comprehensive Plan, this Chapter, the Zoning Map by a simple majority
vote of the City Commission after holding the required public hearing, and after considering a written
recommendation from the Community Development Board performing its functions as the Planning
Agency;
(c) To approve or deny requests for Subdivisions, Plats and changes to Plats and Planned Unit
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November 26, 2001
Developments (PUDs) after holding required public hearing and after considering a written
recommendation from the Community Development Board;
(d) To establish fees to related to the administrative costs of carrying out the requirements of this
Chapter;
(e) To appoint a Community Development Director to administer the provisions of this Chapter, who
shall be the City Manager or his designee.
Sec. 24-47. Community Development Director.
The Community Development Director, or designee, shall have the following authorities and
responsibilities:
(a) To accomplish all administrative actions required by this Chapter, including proper notices as
specified in this Chapter or as otherwise required; the receiving and processing of appeals; and the
acceptance and accounting for fees.
(b) To provide written instructions to Applicants related to the required process for requests as required
under this Chapter and to assist Applicants in understanding the provisions of this Chapter.
(c) To receive and initiate the processing of all applications for changes in Zoning District designations,
Uses -by -Exception and Variances.
(d) To maintain all records relating to this Chapter and its administration, as may be set forth in this
Chapter or otherwise be necessary;
(e) To recommend to the Community Development Board and the City Commission, amendments to this
Chapter and the Zoning Map, with a written statement outlining the need for such changes.
(f) To conduct necessary field inspections required to advise the Community Development Board and the
City Commission related to zoning matters.
(g) To review preliminary Development plans, applications for Building Permits, including site and Lot
plans, to determine whether the proposed construction, Alterations, repair or enlargement of a
Structure is in compliance with the provisions of this Chapter and the Comprehensive Plan. The
Building Official's signature, stating approval, shall be required on all Development plans before a
Building Permit shall be issued.
(h) To grant minor dimensional Zoning Variances, excluding changes to Lot Area, height and parking, or
minor Variances to Development design standards as set forth in this Chapter provided the requested
Variance is not more than five (5) percent from the standard or requirement requested to be waived.
(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
Community Development Board to respective members at least seven (7) days prior to the meeting
November 26, 2001
date to allow members ample time to review the requests.
(k) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of
the office and delegate to these employees the duties and responsibilities assigned to the Community
Development Director as may be necessary to carry out properly, the functions of the office.
Sec. 24-48. Local Planning Agency.
The Community Development Board, as established by the City Commission, shall serve as the Local
Planning Agency for the City of Atlantic Beach and shall serve the following functions, including those
functions as the local Planning Agency as set forth in Chapter 163, Florida Statutes.
(a) To review those matters referred to the Community Development Board and hold regularly scheduled
meetings for the purpose of reviewing such documents.
(b) To review applications for all proposed changes in Zoning District designations, proposed Plats,
changes to previously approved Plats, Planned Unit Developments, and changes to Comprehensive
Plan Future Land Use designations.
(c) To transmit to the proper governmental bodies, agencies or departments the written recommendation
of the Community Development Board, where the recommendations are called for by this Chapter.
(d) To provide for internal procedures, with the assistance of the Community Development Director,
required to carry out the intent of this Chapter. 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.
Sec. 24-49. Community Development Board.
The Community Development Board shall be appointed by the City Commission. The organization and
procedures under which this Board operates, its arrangement of meetings, adoption of rules and its
method of hearing and acting upon appeals, Variances or other related matters shall be in conformity with
the provisions of Chapter 14 of this Code. It shall be the responsibility of the Community Development
Board:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement,
administrative decision made by the Community Development Director in the enforcement of this
Chapter.
(b) To approve or deny Zoning Variances in accordance with the provisions of Section 24-64.
Applications for a Zoning Variance shall be considered on a case by case basis, and shall be approved
only upon findings of fact that the application is consistent with the definition of a Variance and
consistent with the provisions of Section 24-64.
(c) In granting a Variance, the Community Development Board may prescribe appropriate conditions and
safeguards in conformance with this Section or any ordinance enacted under its authority. Violation
of the conditions and safeguards, when made a part of the terms under which the Variance is granted,
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November 26, 2001
shall be deemed a violation of this Chapter, and shall be subject to established Code Enforcement
procedures.
(d) The Community Development Board shall not grant a Variance, which would allow a Use that is not
Permitted Use, or a permitted Use -by -Exception in the applicable Zoning District. In the case of an
application for a Use -by -Exception that is considered concurrently with an application for a Variance,
approval of the Variance shall be contingent upon approval of the Use -by -Exception by the City
Commission. In the event, that the Use -by -Exception is denied by the City Commission, any
approved Variance shall be rendered null and void.
(e) The Community Development Board shall not approve any Variance that would allow a Use that is
prohibited by the terms of this Chapter or by the Comprehensive Plan.
(t)
(g)
(h)
The Nonconforming Use of adjacent or neighboring Lands, Structures or Buildings shall not be
considered as justification for the approval of a Variance.
In exercising its powers, the Community Development Board may, in conformance with the
provisions of this Chapter, reverse, affirm or modify, in whole or in part, any previously rendered
order, requirement, decision or determination provided such action is based upon new evidence or
where it is determined that a previous decision was made based upon inaccurate information.
Rulings and decisions of the Community Development Board shall become immediately effective,
unless otherwise ordered by the Board.
Sec. 24-50. Appeals.
Appeals of administrative decisions made by the Community Development Director and appeals of final
decisions of the Community Development Board may be made by Adversely Affected Person(s) in
accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable
period of time with proper public notice, as well as due notice to the interested parties. At the hearing,
any party may appear in person, by agent or by attorney.
(a) Appeals of administrative decisions of the Community Development Director. Appeals of a decision
of the Community Development Director may be made to the Community Development Board by.
any Adversely Affected Person(s), or any officer, board or department of the City affected by a
decision of the Community Development Director made under the authority of this Chapter. Such
appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final
order, requirement, decision or determination being appealed. The Community Development Director
shall, upon notification of the filing of the appeal, transmit to the Community Development Board, all
the documents, plans, papers or other materials constituting the record upon which the action being
appealed was derived.
(b)
Appeals of decisions of the Community Development Board. Appeals of a decision of the
Community Development Board may be made to the City Commission by any Adversely Affected
Person(s), any officer, board or department of the City affected by any decision of the Community
Development Board made under the authority of this Chapter. Such appeal shall be filed in writing
with the City Clerk within thirty (30) days after rendition of the final order, requirement, decision or
determination being appealed. The Appellant shall present to the City Commission a petition, duly
November 26, 2001
verified, setting forth that the decision being appealed is illegal, in whole or in part, specifying the
grounds of the illegality. The petition shall be presented to the City Commission within thirty (30)
days after the filing of the appeal with the City Clerk.
(c) Stay of work. An appeal to the Community Development Board or the City Commission shall stay
all work on the premises and all proceedings in furtherance of the action appealed, unless the
designated Administrative Official shall certify to the Community Development Board that, by reason
of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case,
proceedings or work shall not be stayed except by a restraining order, which may be granted by the
Community Development Board after application to the officer from whom the appeal is taken and on
due cause shown.
Sec. 24-51. Vested Rights.
(a) Determinations Of Vested Rights. The determination of vested rights shall be based upon factual
evidence provided to the City of Atlantic Beach. Each vesting determination shall be based on an.
individual case-by-case basis. Applications for a determination of vested rights shall be submitted to
the Community Development Director. The Applicant shall have the burden of proof to demonstrate
the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all
informationas may be required. All Vested Development subject to a vested rights determination
shall be consistent with the terms of the Development approval upon which the vesting determination
was based.
(b) Expiration of Vested Rights.
(1) Statutory vested rights determinations shall not have a specific expiration date unless specified in
other ordinances, Development Permits or statutory limitations. Such vested rights may expire as
otherwise allowed or required by applicable law.
(2) Common law vested rights determinations, which have been recognized by the City, shall remain
valid for a period of up to five (5) years from the date the determination was made unless
otherwise specified by the vesting determination, provided that the City may cancel and negate
such vested rights prior to the expiration of said time period if it can demonstrated that the request
for a vested rights determination was based on substantially inaccurate information provided by
the Applicant, or that the revocation of said vested rights is clearly established to be essential for
the health, safety and welfare of the public.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made
to the City Commission by filing such appeal with the City Clerk within thirty (30) days of receipt of
written notification of the denial. Appeals of vesting determinations shall be granted only by the City
Commission.
Secs. 24-52. through 24-60. Reserved.
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November 26, 2001
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment and repeal.
(a) The City Commission may from time to time amend, supplement, change or repeal these Land
Development Regulations, the Zoning District classifications and boundaries, and the restrictions as
set forth within this Chapter.
(b) Proposed changes and amendments may be recommended by the City Commission, the Community
Development Board, a property owner for his own Land, or by petition of the owners of fifty-one (51)
percent or more of the area involved in a proposed District boundary change, or the Community
Development Director.
Sec. 24-62. Change in Zoning District Classification.
The following steps shall be followed to request a change in Zoning District and Zoning Map
classification:
(a) All applications shall be filed with the Community Development Director on the proper form.
(b) The application submitted shall include the following information:
(1) The legal description, including the Lot and Block numbers, of the property to be rezoned;
(2) The names and addresses of all owners of the subject property;
(3) Existing and proposed Zoning District classification of the property;
(4) A statement of the petitioner's interest in the property to be rezoned, including a copy of the last
recorded warranty deed; and:
If joint and several ownership, a written consent, to the rezoning petition, by all owners of
record; or
ii. If a contract purchase, a copy of the purchase contract and written consent of the
seller/owner; or
iii. If an authorized agent, a copy of the agency agreement or written consent of the
principal/owner; or
iv. If a corporation or other business entity, the name of the officer or person responsible for the
application and written proof that said representative has the delegated authority to represent
the corporation or other business entity, or in lieu thereof, written proof that the person is, in
fact, an officer of the corporation; or
v. If a group of contiguous property owners, the owners of at least fifty (50) percent of the
property described in the petition must provide written consent.
November 26, 2001
vi. A complete list of all property owners, mailing addresses and legal descriptions for all
property within three hundred (300) feet of the subject parcel as recorded in the latest
certified official tax rolls of the County;
vii. A statement of special reasons for the rezoning as requested;
viii. Payment of the official filing fee as set by the City Commission;
ix. The signature of each and every owner of the Lands sought to be rezoned.
(c) After the Community Development Director has received the request, the request shall be placed on
the agenda of the next meeting of the Community Development Board, provided that the request is
received at least thirty (30) days prior to the meeting. The Community Development Board shall
review each request for rezoning, conduct a public hearing after due public notice, and make a written
recommendation to the City Commission. Thewritten report and recommendation shall:
(1) Show that the Community Development Board has studied and considered the need and
justification for the change.
(2) Indicate the relationship of the proposed rezoning to the Comprehensive Plan for the City and
provide a finding that the requested change in zoning is consistent with the Comprehensive Plan.
(3) Submit such findings and a recommendation in support of or opposition to the requested
rezoning to the City Commission not more than sixty (60) days from the date of public hearing
before the Community Development Board.
(d) The City Commission shall review the recommendations made by the Community Development
Board and hold a public hearing, with due notice, to consider the request.
(e) It shall be the responsibility of the Community Development Director to give due public notice of
both Community Development Board and City Commission public hearings. Property owners within
three hundred (300) feet of all boundaries of the property sought to be rezoned shall be notified in
writing. Such notification shall be mailed not less that fifteen (15) days prior to the public hearings.
(f)
Following the public hearings, the City Commission, by ordinance, may change the Zoning District
classification of said petitioners, or it may, deny the petition. In the case of denial, the City
Commission shall thereafter take no further action on another application for substantially the same
proposal, on the same premises, until after 365 days from the date of the denial.
Sec. 24-63. Use -By -Exception.
The following steps shall be required to request a Use -by -Exception:
(a) All applications shall be filed with the Community Development Director on the proper form, and
said application shall only be accepted when filed by the owner of the property or his authorized
agent.
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November 26, 2001
(b) The application shall include the following information:
(1) A legal description of the property;
(2) The names and addresses of the property owners;
(3) A description of the Use -by -Exception desired, which shall specifically and particularly describe
the type, character and extent of the proposed Use -by -Exception;
(4) The reason for requesting the Use -by -Exception;
(5) The signature of the owner, or the signature of the owner's authorized agent, and written
authorization by the Owner for the agent to act on the behalf of the property owner.
(6) Payment of the official filing fee as set by the City Commission.
(c) After the Community Development Director has received the request, the request shall be placed on
the agenda of the next meeting of the Community Development Board, which shall meet the time
limit required by the Community Development Board. The Community Development Board shall
review each request for Use -by -Exception, conduct a public hearing after due public notice, and make
a written recommendation to the City Commission. The written report and recommendation shall
state specific reasons and findings of fact, upon which the recommendation to approve or deny has
been based.
(d) The review of any application for a Use -by -Exception shall consider:
(1) Ingress and egress to property and proposed Structures thereon with particular reference to
vehicular and pedestrian safety and convenience, traffic flow and control and access in case of
fire or catastrophe;
(2) Off -Street Parking and Loading Spaces, where required, with particular attention to the items in
(1) above;
(3) The potential for any adverse impacts to adjoining properties and properties generally in the area
resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the
Use -by -Exception being requested.
(4) Refuse and service areas, with particular reference to items (1) and (2) above;
(5) Utilities, with reference to locations, availability and compatibility;
(6) Screening and buffering, with reference to type, dimensions and character;
(7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic
effects and compatibility and harmony with properties in the District; (See Signs and Advertising,
Chapter 17.)
(8) Required Yards and other Open Space;
(9) General compatibility with adjacent properties and other property in the surrounding Zoning
November 26, 2001
District as well as consistency with applicable provisions of the Comprehensive Plan.
(e) The City Commission shall conduct a public hearing, after due public notice to consider the
application for Use -by -Exception and the Community Development Board's report and
recommendation thereon, as well as citizens attending such hearing and shall deny, approve, or
approve with conditions, the application for Use -by -Exception.
(f) The City Commission may, as a condition to the granting of any Use -by -Exception, impose such
conditions, restrictions or limitations in the Use of the premises, or upon the Use thereof as requested
in the application, as the City Commission may deem appropriate and in the best interests of the City,
taking into consideration matters of health, safety and welfare of the citizens, protection of property
values and other considerations material to good zoning principles and concepts.
(g) Any Use -By -Exception granted by the City Commission shall permit only the specific Use or Uses
described in the application as may be limited or restricted by the terms and provisions of the
approval. Any expansion or extension of the Use of such premises, beyond the scope of the terms of
the approved Use -By -Exception, shall be unlawful and in violation of this Chapter and shall render
the 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 determines that the Use has become a public or private nuisance because of an improper,
unauthorized or other unlawful Use of the property.
(i) If an application for a Use -by -Exception is denied, the City Conunission shall take no further action
on another application for substantially the same Use on the same property for 365 days from the date
of said denial.
(j) The Nonconforming Use of neighboring Lands, Structures or Buildings in the same Zoning District,
or the permitted Use of Lands, Structures or Buildings in other Zoning Districts shall not be
considered as justification for the approval of a Use -by -Exception.
(k) Unless expressly granted by the City Commission, the Use -by -Exception shall be granted to the
Applicant only and shall not run with the title to the property.
Sec. 24-64. Zoning Variances.
To request a Zoning Variance from certain provisions contained in this Chapter, applications may be
obtained from the Community Development Director. The following steps shall be taken to apply for a
Zoning Variance from provisions of this Chapter:
(a) An application for a Variance shall be submitted, containing a complete legal description of the
property for which the Variance is requested. The application shall be accompanied by payment of
the official filing fee as set by the City Commission and a survey or Lot diagram indicating setbacks,
existing and proposed construction, as well as other significant features existing on the Lot.
(b) The signature of the owner, or the signature of the owner's authorized agent and written authorization
by the Owner for the agent to act on the behalf of the property owner.
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November 26, 2001
(c) The Community Development Director shall refer the request to the Community Development Board.
In considering applications for Variances to provisions of this Chapter, the Community Development
Board shall, before making any finding of fact in a specific case, first determine that the proposed
Variance shall not constitute any change in the Zoning Districts shown on the Zoning Map and shall
not impair an adequate supply of light and air to adjacent property; materially increase the congestion
in Streets; increase the public danger of fire and safety; materially diminish or impair established
property values within the surrounding area; create adverse impacts to Environmentally Sensitive
Areas, or in any other respect impair the public health, safety, morals and general welfare.
(d) The Community Development Board, shall within a reasonable period of time hold a public hearing
with due public notice to consider applications for any Variance.
(e) At the public hearing, any party may appear in person or be represented by an agent.
(f) In order to approve an application for a Variance, the Community Development Board must find that
request complies with the definition of a Variance and that all of the following conditions apply:
(1) 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 Zoning
District;
(2) The special conditions and circumstances do not result from the actions of the Applicant;.
(3) The Variance granted is the minimum Variance that will make possible the reasonable Use of the
Land, Building or Structure;
(4) The granting of the Variance will be in harmony with the general intent and purpose of this
Chapter and the Variance will not be injurious to the area involved or otherwise detrimental to the
public welfare.
(g) No Nonconforming Use of neighboring Lands, Structures 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 approval of a Variance.
(h) If an application for a Variance is denied by the Community Development Board, no further action on
another application for substantially the same request on the same property shall be taken for 365
days from the date of denial.
(i) When a Variance is approved by the Community Development Board, the work to be performed
pursuant to the Variance shall commence within 365 days from the date of approval unless otherwise
authorized by the Community Development Board, or the Variance shall become null and void.
(j) A Variance, which involves the Development of Land, shall be transferable andshall run with the
title to the Property unless otherwise stipulated by the Community Development Board.
Sec. 24-65. Reserved.
November 26, 2001
Sec. 24-66. Development and Construction within Zoning Districts.
(a) Temporary Construction Trailers or Structures.
(1) Subject to the following provisions, any person may obtain a Building Permit for the construction
and/or Use of a temporary trailer or Structure to be used as a construction shed and tool house for
contractors and construction workers on the site. This temporary trailer or Structure shall not be
placed or erected on the property prior to the issuance of a Building Permit for the applicable
construction, and shall be immediately removed upon completion of the construction project or
the expiration of a period of six (6) months, whichever comes sooner, from the date of issuance of
the Building Permit.
(2) It shall be a violation of this Section for any person to use the construction trailer or Structure for
sales purposes without first applying to and receiving written permission from the City
Commission.
(3). Construction trailers and Structures shall not be used for the purpose of living quarters, and the
trailers or Structures shall have upon the unit, or attached thereto, an identification sign
designating the owner or company and the words "Construction Office" in full view.
(b) All Structures. All Structures shall be constructed, altered, repaired, enlarged, moved or demolished
in accordance with applicable provisions of the Florida Building Code as well as all applicable
Federal, State and local regulations applying to the Use and Development of Land. The issuance of
Building Permits verifying such compliance shall be administered by the Building Official.
Sec. 24-67. Development Review and Issuance of Development Permits.
(a) Purpose. The purposeof this Section shall be to establish procedures for the submittal, review and
approval of Development plans, and the issuance of Development Permits..
Procedures. Development plans prepared according to the requirements set forth in this Section shall
be submitted to the Community Development Director for distribution, review and comment from
appropriatedepartments of the City. Plans may be denied if they do not meet the intent or the
requirements of this Section and this Chapter.
(c) Preliminary Site Plan required. A preliminary site plan, drawn at a clear and legible scale, shall be
required for all Development other than fences, and Swimming Pools and ornamental pools in
accordance with the following provisions:
(b)
(1) Single-family, Two-family (Duplex) or Townhouse and Structural Alterations thereto. A Certified
Survey and composite site plan accompanied by the required application form and any review fee
as established by the City Commission shall be submitted to the Community Development
Director. Each of the following items shall be addressed:
i. All driveways and parking.
ii. All existing and proposed Structures.
iii. Setbacks, any Platted Building Restriction Lines and Height of Buildings.
iv. Any jurisdictional Wetlands or Coastal Construction Control Line, water bodies, any required
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November 26, 2001
buffers or significant environmental features.
v. A pre -construction topographical survey, pursuant to below Subsection (d), Stormwater
Drainage Requirements, unless waived in accordance with the provisions therein.
(2) Multi -Family, Commercial and Industrial Uses and Structural Alterations thereto. A Certified
Survey and composite site plan accompanied by the required application form and any review fee
as established by the City Commission shall be submitted the Community Development Director.
The site plan shall depict the entire tract proposed for Development and shall be drawn at a scale
sufficient to depict all required information in a clear and legible manner. Each of the following
items shall be addressed:
i. Project boundary with bearings and distances.
ii. Legal description, including property size.
iii. Location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage. (Identify any existing structures and uses.)
iv. Project layout, including roadways, any easements, parking areas, driveway connections,
sidewalks, vehicular and pedestrian circulation.
v. Existing driveways and roadways within 300 feet of project boundary.
vi. Existing and proposed Right-of-way improvements.
vii. Conceptual stormwater management plan addressing drainage patterns, retention/detention
areas, provisions for utilities, including a pre -construction topographical survey, pursuant to
below paragraph (d), Stormwater Drainage Requirements, unless waived in accordance with
the provisions therein.
viii. Environmental features, including any jurisdictional Wetlands, CCCL, natural water bodies,
Open Space, buffers and vegetation preservation areas.
ix. General notes shall include: total project area; impervious surface area; building square
footage separated by type of Use(s) if applicable; parking calculations; project phasing;
Zoning District classification and any conditions or restrictions.
x. Other information as may be appropriate for the purposes of preliminary review.
(d) Stormwater Drainage Requirements. All Lots and Development sites shall be constructed and graded
in such a manner so that the stormwater drains to the adjacent Street, an existing natural element used
to convey stormwater (See Section 22-303, Definitions: Stormwater Management System), or a City
drainage Structure. The City shall be provided with a pre -construction _ topographical survey prior to
the issuance of a Development Permit and a post -construction topographical survey prior to the
issuance of a Certificate of Occupancy. The surveys shall be prepared by a licensed Florida surveyor,
and the requirement for either or both surveys may be waived by the Director of Public Works if they
are determined to be unnecessary.
(e) Approval of Preliminary Site Plans. Upon approval of preliminary site plans, Construction Plans may
be submitted to the Community Development Director for distribution and review by the appropriate
City Depai tments. Construction Plans shall demonstrate compliance with all applicable Federal,
State and local land development regulations and permitting requirements. Upon approval of
Construction Plans by reviewing departments and payment of required fees, Development Permits
may be issued, and Construction Plans shall be released for construction.
(f) Expiration of Approved of Construction Plans. Approved Construction Plans shall be claimed within
ninety (90) days of notice of approval, or said PIans shall be considered to have expired. Upon
expiration, a new submittal and review with applicable fees shall be required.
November 26, 2001
(g) Expiration of Development Permits. Development Permits. shall expire on the one (1) year
anniversary of the date such Permits were issued unless Development has commenced and continued
in good faith.
Sec. 24-68. Land Clearing.
No Lands shall be cleared or grubbed, and no vegetation on any Development. site disturbed, prior to
issuance of all required approvals and Development Permits authorizing such clearing.
Secs. 24-69. through 24-80. Reserved.
DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. Rules for Determining Boundaries.
Where uncertainty exists with respect to the boundaries of any of the Zoning Districts, as shown on the
official Zoning Map, the following rules shall apply:
(a) Unless otherwise indicated, the Zoning District boundaries are indicated as approximately following
Lot lines; center lines of Streets, highways or Alleys; shorelines of streams, reservoirs or other bodies
of water; or civil boundaries; and they shall be construed to follow such lines.
(b)
Where Zoning District boundaries are approximately parallel to the center lines of Streets, highways
or railroads; streams, reservoirs or other bodies of water, or the lines extended, the Zoning District
boundaries shall be construed as being parallel thereto and at such distance there from as indicated on
the Zoning Map. If no distance is given, the dimensions shall be determined by the scale shown on
the Zoning Map.
(c) Where a Zoning District boundary line, as appearing on the Zoning Map, divides a Lot which is in
single ownership, the Zoning District classification of the larger portion may be extended to the
remainder of the property subject to consistency with the Comprehensive Plan.
(d) Where a public road, Street or Alley is officially vacated or abandoned, the regulations applicable to
the property to which it has reverted shall apply to the vacated or abandoned road, Street or Alley.
(e) In the case where the exact location of a boundary cannot be determined by the foregoing methods,
the Community Development Board shall, upon request of the Community Development Director,
determine the location of the boundary.
Sec. 24-82. 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
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November 26, 2001
intended to be used for any purpose or in any manner other than a Use designated in this Chapter, as
allowed in the Zoning District in which such Land, Building, Structure or premises are located.
Further, no Land shall be used except in compliance with the Comprehensive Plan.
(b) Number of Buildings allowed on a Single-family or Two-family (Duplex) Lot. The total number of
Buildings on any Lot zoned only for Single-family or Two-family (Duplex) Use shall not exceed
three (3) including the Principal Use Structure, detached garages and any other detached Building.
(c) Height. No Structures or Building shall be erected, and no existing Building shall be moved,
reconditioned or structurally altered so as to exceed the height limit specified in this Chapter for the
Zoning District in which such Building or Structure is located. However, on Nonconforming Lots of
Record, the Height of Buildings shall be restricted to a percentage of the area of the such Lot
compared to the minimum requirements of the Zoning District and applying the same to the
maximum Building height allowed in said Zoning District. (For example, if the Minimum Lot Area
is 5,000 square foot, and the size of the. Nonconforming Lot is 2,500 square feet, a percentage of 50
percent would be applied to the 35 -foot height restrictions, resulting in an allowable Building height
of seventeen and one-half (17.5) feet.
(d) Percentage of Lot occupancy. No Building or Structure shall be erected, and no existing Building or
Structure shall be moved, altered, enlarged or rebuilt, or shall any Open Space surrounding any
Building or Structure be encroached upon or reduced in any manner, except in conformity with the
Building site requirements, the area and parking and required Yard regulations established by this
Chapter for the Zoning District in which such Structure is located.
(e) Density of population. No Structure or property shall be developed or used so as to provide a greater
Density of population than is allowed under the terms of the Comprehensive Plan or the limitations of
for the Zoning District in which such Structure is located.
(f) Open Space Use limitation. No Yard or other required Open Space on a Lot shall be considered as
providing a required Yard or Open Space for any other Structure on an adjacent Lot.
(g) Required Lot and occupancy. Structures shall be located on a Lot of Record, and there shall be no
more than one Principal Use Structure on a single Lot,unless otherwise provided by the provisions of
this Chapter. Every Building or Structure hereafter erected shall be located on a Lot as defined
herein; and in no case shall there be more than one (1) Building on one (1) Lot, except as otherwise
provided in this Article.
(h) Duplicates or externally similar Dwellings. Construction of Single-family or Two-family Dwellings
that are duplicates of another Single-family or Two-family Dwellings within a distance of five
hundred (500) feet shall be prohibited. )This provision shall apply to external features only.) In
determining compliance with this provision, a minimum of five (5) of the following characteristics
shall be substantially different:
(1) Roof design and roof color.
(2) Exterior finish materials, excluding paint color.
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
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November 26, 2001
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other Accessory
Building or vehicle shall be used as a residence, temporarily or permanently, nor shall any such
residence of temporary character be permitted in any Zoning District.
(j) Minimum Floor Area for residential Dwelling Units:
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and
not less than a total of one thousand (1,000) square feet of enclosed living area.
(3) Two-family Dwelling (duplex): Each unit shall have nine hundred (900) square feet of enclosed
living area.
(4) Apar talent Dwelling Unit:
i. Efficiency with bedroom area combined with other living areas, four hundred eighty (480)
square feet of enclosed living area.
ii. One (1) bedroom with individual bedroom area permanently partitioned from other living
areas, five hundred seventy-five (575) square feet of enclosed living area.
iii. Two (2) bedrooms with each individual bedroom area permanently partitioned from the
living areas, seven hundred (700) square feet of enclosed living area.
iv. Three (3) bedrooms with each individual bedroom area permanently partitioned from other
living areas, eight hundred forty (840) square feet of enclosed living area.
v. Four (4) bedrooms with each individual bedroom area permanently partitioned from other
living areas, nine hundred ninety (990) square feet of enclosed living area.
vi. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per
additional room.
Sec. 24-83. Required Yards and Permitted Projections into Required Yards.
(a) Required Yards. Unless otherwise specified in this Chapter, every part of a Required Yard shall be
open and unobstructed from the Finished Grade to the sky, except for Structures that do not exceed
thirty (30) inches in height.
(b) Structural Projections. Architectural features such as Eaves and Cornices, and cantilevered balconies
may project a distance not to exceed forty-eight (48) inches into Required Front and Rear Yards.
Eaves and Cornices only may project into Required Side Yards, but not beyond twenty-four (24)
inches, or forty (40) percent of the established Required Side Yard Setback, whichever distance is -
less.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors,
33
November 26, 200.7
or similar equipment that makes excessive noise, shall not be located closer than five (5) feet from
any Lot Line.
Sec. 24-84. Double Frontage Lots.
(a) Double frontage Lots. On double frontage Lots, the Required Front Yard shall be provided on each
Street, except for Lots as set forth below and as set forth in Section 24-88(d).
(b) Special treatment of ocean -front Lots on Beach Avenue. For these double frontage Lots having
frontage on the Atlantic Ocean, the front Yard shall be the Yard which faces the Atlantic Ocean, and
the Required Front Yard shall be measured from the Lot Line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard Lots with double frontage. For double frontage Lots extending
between Beach Avenue and Ocean Boulevard, the Required Front Yard shall be the Yard which faces
Ocean Boulevard.
Sec. 24-85. Nonconforming Lots, Uses and Structures
(a) Intent. Within the established Zoning Districts, there exist Lots, Structures and Uses of Land that
were lawful prior to the adoption of these Land Development Regulations. Such Lots, Uses and
Structures would be prohibited, restricted or regulated through the provisions of this Chapter or the
adopted Comprehensive Plan. It is the intent of this Section to recognize the legal rights entitled to
property owners of existing Nonconforming Lots, Uses and Structures, and to permit such non -
conformities to continue in accordance with such rights, , but not to otherwise encourage their
continued survival. Furthermore, the presence of any nonconforming characteristic shall not be
considered as justification for the granting of Variances, and any Nonconforming Structure or Use
which is made conforming shall not be permitted to revert to any Nonconforming Structure or Use.
(b) Nonconforming Lots of Record.
(1) Where a Lot or parcel of Land has .a Lot Area or frontage that does not conform with the
requirements of the Zoning District in which it is located, but was a legally established and
documented Lot of Record prior to the adoption of this Code or previous Codes and applicable
City of Atlantic Beach ordinances, such Lot or parcel of Land may be used for one Single-family
Dwelling in any residential Zoning District, provided the minimum Yard requirements for that
residential Zoning District are maintained, or provided that the owner of said Lot has obtained a
Variance from the Community Development Board, in accordance with the requirements of
Section 24-64 of this Chapter.
(2) In any residential Zoning District, on a legally established and documented Nonconforming Lot
of Record that existed prior to the initial effective date of these Land Development Regulations, a
Structure may be expanded or enlarged provided such expansion or enlargement complies with
other provisions of this Chapter, including Yard. Requirements or with the terms of a valid
Variance.
(3) After the initial effective date of these Land Development Regulations, no Single-family,
Townhouse, Two-family (Duplex) or Multi -family Structure shall be allowed on a Single-family
November 26, 2001
Residential Lot or a combination of such Lots unless the total Lot Area proposed for
Development complies with the regulations as set forth in this Chapter and with the Density
limitations as set forth in the Comprehensive Plan, unless otherwise exempted in preceding
paragraph (1) or in accordance with a valid unexpired vesting determination.
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel in any
Zoning District shall be divided to create a Lot with area or width below the requirements of this
Chapter and the Comprehensive Plan.
(c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged to occupy greater Lot Coverage
unless such expansion or enlargement complies with other provisions of this Chapter, including
Yard Requirements, or unless a Variance has been obtained from the Community Development
Board, in accordance with the requirements of Section 24-64 of this Chapter.
(2) In the event that more than fifty (50) percent of the value of a Nonconforming Structure is
destroyed or damaged by any means, the Structure shall not shall be reconstructed except in
compliance with the provisions of this Chapter, or altematively, in compliance with the terms of a
Variance granted by the Community Development Board in accordance with the requirements of
Section 24-64 of this Chapter. In determining the value of a Nonconforming Structure, either the
Assessed Value or the Appraised Value may be considered, subject to approval of the Building
Official.
(3) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a
safe condition. Building Permits shall be required.
(4) A Nonconforming Structure may be maintained, and repairs and alterations may be made, except
that no Structural Alterations shall be made except those as required by law. Repairs, such as
plumbing or changing of partitions or other non-structural Alterations, are permitted. Building
Permits shall be required.
(5) No additional Structure not conforming to the requirements of this Chapter shall be constructed in
connection with the Nonconforming Use of Land.
(6) Any existing Nonconforming Structure that is encroaching into the Street Right-of-way shall not
be rebuilt, enlarged, remodeled or structurally altered unless such encroachment is removed.
(d) Nonconforming Uses.
(1) Continuation of Nonconforming Uses. Uses of Land which were lawfully created at the time
such Uses were established, but which would not be permitted by the restrictions imposed by
these Land Development Regulations or by restrictions imposed by the Comprehensive Plan, may
be continued so long as they remain otherwise lawful and in compliance with the provisions of
this Section.
(2) Relocation of Nonconforming Uses. A Nonconforming Use shall not be moved in whole or in
part to any other portion of the Lot or parcel on which such Nonconforming Use is located.
(3) Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of Land is
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November 26, 2001
discontinued or abandoned for a period of six (6) months or longer, any subsequent Use of such
Land shall conform to the applicable Zoning District regulations as set forth in this Chapter as
well as applicable provisions of the Comprehensive Plan.
(4) In the event that more than fifty (50) percent of the value of a Nonconforming Structure, which is
occupied by a Nonconforming Use, is destroyed, the Structure shall not be reoccupied by any
Nonconforming Use and shall be reconstructed only in compliance with the provisions of this
Chapter. In determining the value of a Nonconforming Structure, either the Assessed Value or
the Appraised Value may be considered, subject to approval of the Building Official.
Sec. 24-86. Special Treatment of Lawfully Existing Residential Uses Affected by Future
Amendments to the official Zoning Map. or Amendments to the Land
Development Regulations
(a) Changes to the official Zoning Map. In the case where a change in Zoning District classification is
made to the official Zoning Map, any lawfully existing Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use, which has been constructed pursuant to properly issued
Building Permits, shall be deemed a Vested Development, and any Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot
containing the Vested Development. Furthermore, an existing Two-family (Duplex) Dwelling or
Townhouse and any related Accessory Use shall, for that particular Use and Structure(s), not be
considered as a Nonconforming Use or Structure such that it may be fully replaceable in its existing
footprint. Any construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this Chapter including minimum Yard Requirements.
(b) Amendments to the Land Development Regulations. Any lawfully existing Two-family (Duplex)
Dwelling or Townhouse, and any related Accessory Use, which has been constructed pursuant to
properly issued Building Permits prior to the initial effective date of these Land Development
Regulations, shall be deemed a Vested Development, and any Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot
containing the Vested Development. Furthermore, an existing Two-family (Duplex) Dwelling or
Townhouse, and related Accessory Use shall, for that particular Use and Structure(s), not be
considered as a Nonconforming Use or Structure such that it may be fully replaceable in its existing
footprint. Any construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this Chapter including minimum Yard Requirements.
Sec. 24-87. Design and Construction Standards for Two-family (Duplex) Dwellings and
Townhouse Units
(a) Development of Two-family (Duplex) Dwellings and Townhouse Units, occurring after the initial
effective date of these Land Development Regulations, shall be allowed only where Lot Area is in
compliance with the Density limitations as set forth in the Comprehensive Plan, unless otherwise
determined to be a Vested Development in accordance with the terms of this Chapter. Within areas
designated by the Comprehensive Plan for High Density residential Development, a minimum Lot
Area of 2175 square feet shall be required for each Dwelling Unit. For areas designated as Medium
Density, a minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and
within areas designated by the Comprehensive Plan as Low Density, a minimum Lot Area of 7250
November 26, 2001
square feet for each Dwelling Unit shall be required.
(b) Two-family and Townhouse Dwelling Units shall be separated by a firewall which shall meet the
Florida Building Code firewall separation requirements for Multi -family construction.
(c) Dwelling Units separated by a breezeway, or similar type connection, shall not be considered as Two-
family Dwellings or Townhouses, and shall be required to meet regulations applicable to Single-
family Dwellings.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same
architectural style, colors and materials.
(e) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same
time or in a continuous sequence unless an existing Structure is being renovated within the same
Building footprint.
Sec. 24-88. Garage Apartments (as allowed in combination with Private Garages).
In any residential Zoning District, where a Lot has a width of fifty (50) feet or more and extends from
Street to Street (or Street to Ocean front in the case of Ocean Front Lots), a single Garage Apartment in
combination with a Private Garage may be constructed on such double frontage Lots (See Section 24-84.)
subject to the following provisions.
(a) The Structure containing the Private Garage and the Garage Apartment shall not exceed twenty-five
(25) feet in height;
(b) The total Floor Area of the Structure containing the Private Garage and the Garage Apartment shall
not exceed seventy-five (75) percent of the heated and cooled area of the Principal Dwelling.
(c) There shall be not less than twenty (20) feet between the Principal Dwelling and the Structure
containing the Private Garage and the Garage Apartment.
(d) The Use restrictions and the minimum Yard requirements that apply to the Principal Dwelling shall
also apply the Structure containing the Private Garage and the Garage Apartment.
(e) A Garage Apartment shall not be leased or rented for less than ninety (90) consecutive days.
(f) A Structure containing a Private Garage and a Garage Apartment shall remain in joint ownership with
the Principal Dwelling and shall not be subdivided from the Lot on which the Principal Structure is
located.
(g) Any existing Structure containing a Private Garage and Garage Apartment that is encroaching into the
Street Right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroachment is removed from the Right-of-way.
(h) Development of Garage Apartments occurring after the initial effective date of these Land
Development Regulations shall be consistent with the Density limitations as set forth within the
adopted Comprehensive Plan, as may be amended.
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November 26, 2001
Secs. 24-89 through 24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and Purpose.
The City of Atlantic Beach shall be divided by these Land Development Regulations into Zoning
Districts, as listed and described below. These divisions and the requirements set forth herein shall have
the purpose of implementing the goals, objectives and policies of the Comprehensive Plan. The following
is established in this Division:
(a) The intent of each Zoning District;
(b) General requirements for each Zoning District:
(1) Permitted Uses;
(2) Uses -by -Exception;
(3) Minimum Lot or Site Requirements;
(4) Minimum Yard Requirements;
(5) Building Restrictions.
Sec. 24-102. Zoning Districts Established.
The corporate area of the City of Atlantic Beach is hereby divided into Zoning Districts as follows:
Zoning District Classification
Abbreviation
Conservation
CON
Residential, Single-family
RS -1
Residential, Single-family
RS -2
Residential General, Two-family
RG -1
Residential General, Two-family
RG -1A
Residential General, Multi -family
RG -2
Residential General, Multi -family
RG -3
Residential Mobile Home
RMH
Commercial, Professional and Office
CPO
Commercial, Limited
CL
Commercial, General
CG
Industrial, Light and Warehousing
ILW
Special Purpose
SP
Central Business District
CBD
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November 26, 2001
Sec. 24-103. Conservation Districts. (CON)
(a) Intent. The Conservation Districts are generally composed of open Land, water, marsh and Wetland
areas, either publicly or privately owned, which may include Environmentally Sensitive Areas and
other Lands having environmentally sensitive qualities. It is intended that the natural and open
character of these Districts be retained and that adverse impacts to Environmentally Sensitive Areas,
which may result from Development, be minimized. To achieve this intent, Uses allowed within the
Conservation Districts shall be limited to certain conservation, recreation, forestry, and similar very
low intensity Uses that are not in conflict with the intent of these Districts, the Comprehensive Plan or
any other applicable Federal, State and local policies and permitting requirements.
(b) Permitted Uses. There are no Uses permitted by right in the Conservation Zoning Districts. All Uses
in the Conservation Districts must be approved as a Use -by -Exception in accordance with the
provisions of Section 24-63.
(c) Uses -by -Exception. Within the Conservation Districts, the following Uses may be permitted as a Use -
by -Exception. Applications for a Use -by -Exception in the Conservation Districts shall identify any
existing natural resources and Environmentally Sensitive Areas and how impacts to such resources
shall be avoided or minimized.
(1) Cemeteries;
(2) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and
poultry;
(3) Game preserves, nature preserves; wildlife management areas, water sheds, water reservoirs;
(4) Parks, and other similar passive recreational Uses;
(5) Municipal government Buildings and facilities.
(6) Golf courses and parks, and other similar passive recreational Uses;
(d) Minimum Lot or Site Requirements. There are no established minimum Lot Area, Width or Depth
requirements for the Conservations Districts. Appropriate Lot and Site Requirements shall be
established during the consideration of any proposed Use -by -Exception.
(e) Minimum Yard Requirements. Subject to approval of Development approved pursuant to a Use -by -
Exception, the minimum Yard Requirements in the Conservation District shall be as follows:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. Subject to Development authorized pursuant to a Use -by -Exception, Building
Restrictions in the Conservation Districts shall be as follows:
(1) Maximum Impervious Surface:. Twenty-five (25) percent.
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November 26, 2001
(2) Maximum Building Height: Thirty-five (35) feet
Sec. 24-104. Residential, Single-family Districts. (RS -1)
(a) Intent. The RS -1 Zoning Districts are intended for development of low Density Single-family
residential areas. All Development of Land and Parcels within the RS -1 Zoning Districts shall
comply with the residential Density limitations as set forth in the adopted Comprehensive Plan for the
City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted in the RS -1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses -by -Exception. In the RS -1 Zoning Districts, the following Uses -by -Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS -1
Zoning Districts shall be as follows:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS -1 Zoning Districts shall
be as follows:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one-half (7.5) feet.
(f) Building Restrictions. The Building Restrictions in the RS -1 Zoning Districts are:
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November 26, 2001
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-105. Residential, Single-family Districts. (RS -2)
(a) Intent. The RS -2 Zoning Districts are intended to apply to predominately developed areas of Single-
family Dwellings with Lots that are smaller than those in the RS -1 Zoning District. A.11 Development
of Land and Parcels within the RS -2 Zoning Districts shall comply with the residential Density
limitations as set forth in the adopted Comprehensive Plan for the City of Atlantic Beach, as may be
amended.
(b) Permitted Uses. The Uses permitted in the RS -2 Zoning Districts are:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses -by -Exception. In the RS -2 Zoning Districts, the following Uses -by -Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS -2
Zoning Districts shall be as follows.
(1) Lot or site area: 5,000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS -2 Zoning Districts shall
be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an
41
November 26, 2001
existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yard of fifteen (15) total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yard of twelve (12) feet, thereby
providing for a combined total side Yard of fifteen (15) feet.
(f) Building restrictions. The Building restrictions in the RS -2 Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-106. Residential General, Two-family Districts. (RG -1 and RG -1A).
(a) Intent. The RG -1 and RG -1A Zoning Districts are intended for Development of low and medium
Density Single-family and Two-family residential areas. All Development of Land and Parcels
within the RG -1 and RG -1A Zoning Districts shall comply with the residential Density limitations as
set forth in the adopted Comprehensive Plan for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted in the RG -1 and RG -1A Zoning Districts shall be District as
follows.
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings.
(3) Accessory Uses as set forth in Section 24-151.
(4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87.
(5) Government Buildings and facilities.
(6) Family Day Care Homes and Group Care Homes.
(c) Uses -by -Exception. Subject to the provisions of Section 24-63, the following Uses may be approved
as a Use -by -Exception in the RG -1 and RG -1A Zoning Districts.
(1) Child Care Centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RG -1 and
November 26, 2001
RG -1A Zoning Districts shall be as follows.
(1) Lot or Site Area in the RG -1 and RG -1A Zoning Districts:
i Single-family Dwellings; 5,000 square feet.
ii. Two-family (duplex) Dwelling or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 4,350 square feet
(2) Lot width in the RG -1 Zoning Districts:
i. Single-family Dwellings: Fifty (50) feet.
ii. Two-family Dwelling or Townhouse: Fifty (50) feet.
(3) Lot width in the RG -1A Zoning Districts:
i. Single-family Dwellings: Fifty (50) feet.
ii. Two-family Dwelling or Townhouse: . Seventy-five (.75) feet
(4) Lot depth in the RG -1 and the RG -1A Zoning Districts: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirement in the RG -1 and the RG -1A Zoning
Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an
existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yard of fifteen (15) total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yard of twelve (12) feet, thereby
providing for a combined total side Yard of fifteen (15) feet.
(f) Building Restrictions. The Building restrictions for the RG -1 and the RG -1A Zoning Districts shall
be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-107. Residential General, Multi -family. (RG -2 and RG -3)
(a) Intent. The RG -2 and RG -3 Zoning Districts are intended for development of medium to high-density
Multi -family residential areas. All Development of Land and Parcels within the RG -2 and RG -3
Zoning Districts shall comply with the residential Density limitations as set forth in the adopted
Comprehensive Plan for the City of Atlantic Beach, as may be amended.
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November 26, 2001
(b) Permitted Uses. The Uses permitted RG -2 and RG -3 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings.
(3) Townhouses, subject to compliance with Article N, Subdivision Regulations and Section 24-87.
(4) Multi -family Dwellings, subject to the Density limitations as set forth in the Comprehensive Plan.
(5) Accessory Uses as set forth in Section 24-151.
(6) Government Buildings and facilities.
(7) Family Day Care Homes and Group Care Homes.
(c) Uses -by -Exception. Subject to the provisions of Section 24-63, the following Uses may be approved
as a Use -by -Exception in the RG -2 and RG -3 Zoning Districts.
(1) Churches.
(2) Public and private recreation facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Child Care Centers.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
1) Minimum Lot or Site Requirements. The minimum Lot and site requirements for the RG -2 and RG -3
Zoning Districts shall be as follows.
(1) Lot or Site Area:
i. Single-family Dwellings: 5,000 square feet.
ii. Two-family Dwellings or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 4,350 square feet
iii. Multi -family Dwellings: Minimum 5000 square feet, with allowable additional units
determined by the Density limitations as set forth in the Comprehensive Plan.
(2) Lot width in the RG -2 and RG -3 Zoning Districts:
i. Single-family Dwellings: Fifty (50) feet.
ii. Two-family Dwelling or Townhouse: Fifty (50) feet.
iii. Multi -family Dwellings: Seventy-five (75) feet
(3) Lot depth in the RG -2 and RG -3 Zoning Districts: One hundred (100) feet:
November 26, 2001
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RG -2 and RG -3 Zoning
Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard:
i. Single-family Dwellings: Fifteen (15) total feet and five (5) minimum feet on either side. In
the case of an existing Nonconforming Structure that does not comply with Required Side
Yards, any new Development shall provide for a combined total Side Yard of fifteen (15)
total feet. For example, where an existing Structure is located three (3) feet from the side Lot
Line, new Development on the opposite side Yard shall provide a minimum Required Side
Yard of twelve (12) feet, thereby providing for a combined total side Yard of fifteen (15) feet.
ii. Two-family (Duplex) Dwellings and Townhouse. Seven and one-half (7.5) each side.
iii. Multi -family Dwellings: Fifteen (15) feet each side.
(f) Building Restrictions. The Buildings Restrictions for the RG -2 and RG -3 Zoning Districts shall be as
follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-108. Residential Mobile Home Districts. (RMH)
(a) Intent. The RMH Zoning Districts are intended for Development of Lots for Mobile Homes in Mobile
Home Subdivisions or Mobile Home Parks. These Zoning Districts are not intended for permanent
Single-family Dwellings. All Development of Land and Parcels within the RMH Zoning Districts
shall comply with the. residential Density limitations as set forth in the adopted Comprehensive Plan
for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted in the RMH Zoning Districts are Mobile Home Parks or Mobile
Home Subdivisions.
(c) Uses -by -Exception. Within the RMH Zoning Districts, the following Uses may be approved as a Use -
by -Exception.
(1) Service and recreational facilities intended to serve the requirements of the residents of a Mobile
Home Park having a minimum of seventy-five (75) Lots or spaces.
(2) Government Buildings and facilities.
(d) Minimum Lot or site requirements. The minimum requirements for Lots and sites in the RMH
Zoning Districts shall be as follows:
(1) Lot or site area: Mobile Home Parks - 4,000 square feet.
Mobile Home Subdivisions - minimum site area of five (5) acres.
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November 26, 2001
(2) Lot width: Forty (40) feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RMH Zoning Districts shall
be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one-half (7.5) feet.
(f) Building Restrictions. The Building restrictions in the RMH Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building height: Twenty (20) feet.
Sec. 24-109. Commercial, Professional and Office (CPO)
(a) Intent. The CPO Zoning Districts are intended for small, neighborhood scale businesses and
Professional Offices and with design criteria which may make such Uses compatible to Single-family
residential Zoning Districts.
(b) Permitted Uses. The Uses permitted in the CPO Zoning Districts shall be as follows.
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed massage
therapist offices.
(2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist
and similar Uses.
(3) Business offices such as real estate broker, insurance agent, stock broker and similar Uses.
(4) Single-family Dwellings.
(c) Limitations. All Uses in the CPO Zoning Districts shall be subject to the following conditions.
(1) No outside retail sales, display or storage of merchandise shall be permitted.
(2) No vehicles other than typical passenger automobiles, and no trucks exceeding three-quarter ton
capacity, shall be parked on a daily or regular basis in CPO Zoning Districts.
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no machinery
shall be used other than normal office equipment such as typewriters, calculators, computers,
bookkeeping machines shall be used in association with any Use located in the CPO Zoning
Districts.
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November 26, 2001
(d) Uses -by -Exception. In the CPO Zoning Districts, the following Uses may be approved as a Use -by -
Exception.
(1) Limited retail sales in conjunction with a permitted professional service being rendered at the
time.
(2) Child Care Centers, Church or Community Center.
(3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of prosthetic
appliances, dentures, eyeglasses, hearing aids and similar products.
(4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress
makers.
(5) Banks and financial institutions without drive-through facilities.
(6) Government Buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum Lot or Site Requirements. The minimum Lot or site requirements in the CPO Zoning
Districts shall be as follows.
(1) Lot or site area: 7,500 square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the CPO Zoning Districts shall
be as follows.
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(f) Building Restrictions. The Building restrictions in the CPO Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-110. Commercial Limited District. (CL)
(a) Intent. The CL Zoning Districts are intended for low intensity business and commercial Uses, which
are suitable within close proximity to residential Uses, and which are intended primarily to serve the
surrounding neighborhood. Subject to review as a Use -by -Exception, and dependent upon
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November 26, 2001
compatibility with existing surrounding residential Uses, certain more intense commercial Uses may
also be appropriate. Permitted Uses in the CL Zoning Districts shall not include large-scale discount
super -centers or "Big -Box" retailers or similar commercial Uses intended to serve a regional market.
(b) Permitted Uses. The Uses permitted in the CL Zoning Districts shall be as follows.
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-
up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys,
sundries and notions, books and stationery, luggage and jewelry; but not sale of lumber, hardware
or Building materials or similar Uses.
(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 without drive-through facilities.
(7) Convenience food stores, but not Supermarkets.
(8) Drug Stores and Pharmacies without drive-through facilities.
(9) Government Buildings and facilities.
(c) Uses -by -Exception. In the CL Zoning Districts, the following Uses may be approved as a Use -by -
Exception.
(1) Medical or dental clinics.
(2) Child Care Centers.
(3) Churches and Community Centers.
(4) Limited wholesale operations.
(5) Banks and financial institutions with drive-through facilities.
(6) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(7) Contractor, not requiring outside storage.
(8) Limited warehousing, not including Mini -warehouses.
(9) Automotive/truck service garage (not including semi -tractor trailer repairs).
November 26, 2001
(10) Restaurants without drive-through facilities.
(11) Printing shops.
(12) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the CL Zoning
Districts shall be as follows.
(1) Lot or site area: 5,000 square feet.
(2) Lot width: (Fifty) 50 feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard requirements for the CL Zoning District shall be
as District follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet.
(0 Building Restrictions. The Building restrictions for the CL Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-111. Commercial General Districts. (CG)
(a) Intent. The CG Zoning Districts are intended to provide general retail sales and services for the City
of Atlantic Beach and the closely surrounding communities. These Districts should have direct
access to Arterial or Collector Streets and are well suited for development of community shopping
centers.
(b) Permitted Uses. The typical Uses permitted in the CG Zoning Districts shall not include
manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or
Uses that have the potential for negative impact to surrounding properties due to excessive noise,
light or extremely late hours of operation. The Uses permitted in the CG Zoning Districts shall
include the following.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage,
jewelry, art, florist including silks, 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, lumber and Building
materials, auto parts, and similar Uses.
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November 26, 2001
(2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gymnasium,
laundry or dry cleaner, funeral home, job printing, radio and television repairs, lawn care service,
pest control companies, and similar Uses.
(3) Banks with drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar
financial institutions.
(4) Business and Professional Offices.
(5) Retail plant nursery.
(6) Retail sale of beer and wine for off -premise consumption.
(7) Automobile Service Station with maintenance, minor repairs and car wash.
(8) Theaters, but not a regional Cineplex.
(9) Government Buildings and facilities.
(10) Produce markets, with no outside sales or display.
(11) Those Uses listed as Permitted Uses in the Commercial Limited Zoning District.
(c) Uses -by -Exception. In the CG Zoning Districts, the following Uses may be approved as a Use -by -
Exception.
(1) Pet kennel.
(2) Veterinary 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.
(8) Motels.
(9) Churches.
(10) Cabinet shops.
(11) Hospital, nursing home.
(12) Sale of new and used automobiles and boats, and Automotive leasing establishments.
November 26, 2001
(13) Automotive and truck service garage (not including semi tractor trailer repairs).
(14) Businesses offering live entertainment.
(15) Those Uses permitted in Commercial Limited as a Use -by -Exception.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the
Commercial General Zoning Districts shall be as follows.
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard requirements in the Commercial General Zoning
Districts shall be as follows:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. The Building restrictions in the Commercial General Zoning Districts shall be
as follows:
(1) Maximum Impervious Surface: Seventy (70) percent.
(2) Maximum Building height: Thirty-five (35) feet.
Sec. 24-112. Industrial, Light and Warehousing Districts. (ILW)
(a) Intent. The Light Industrial and Warehousing Zoning 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.
(b) Permitted Uses. The Uses permitted in the Light Industrial and Warehousing Zoning Districts shall be
as follows.
(1) Wholesaling, warehousing, Mini -warehouses and personal self -storage, storage or distribution
establishments and similar Uses.
(2) Light manufacturing, packaging, or fabricating, without noxious or nuisance odors or hazardous
operations, within completely enclosed Buildings.
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November 26, 2001
(3) Bulk storage Yards, not including bulk storage of flammable liquids.
(4) Contractor's Yards and outdoor storage Yards and Lots. Required Front Yards Yard shall not be
Used for storage, and a six (6) foot visual barrier shall be installed around such storage areas so as
to conceal view from adjacent properties and Streets.
(5) Heating and air conditioning, plumbing and electrical sales, laundries and dry cleaning, bakeries
and similar Uses.
(6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar Uses.
(7) Government Buildings and facilities.
(c) Uses -by -Exception. In the Light Industrial and Warehousing Zoning Districts, the following Uses
may be approved as a Use -by -Exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire codes.
(2) Radio and TV transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and Used automobiles, motorcycles, trucks and tractors, boats,
automobile parts and accessories (except salvage Yards), machinery and equipment, farm
equipment, lumber and Building supplies, mobile homes, monuments and similar sales
establishments.
(5) Establishments for the repair of automobiles, motorcycles, trucks and tractors, boats, machinery
and equipment, farm equipment and similar Uses.
(6) Welding shops, sheet metal works.
(7) Bottling plants.
(8) Processing (excluding animal processing and slaughter houses)
(9) Food processing.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the ILW
Districts shall be as follows.:
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard requirements for the ILW Zoning Districts shall
be as follows.
November 26, 2001
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. The Building restrictions for the ILW Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent.
(2) Maximum Building height: Thirty-five (35) feet.
Sec. 24-113. Special Purpose District. (SP)
(a) Intent. The Special Purpose District is intended for a limited single Use. Applications to rezone Land
to Special Purpose District may be made in accordance with Section 24-62. The Use proposed for
any Special Purpose District shall be consistent with the Comprehensive Plan, and the Use and any
limitations applicable to such Use shall be stated within the ordinance establishing the Special
Purpose District.
(b)
Permitted Uses. Subject to approval by the City Commission of the ordinance creating a Special
Purpose District, and upon a fmding of consistency with the Comprehensive Plan, the Commission
may consider and authorize the following Uses or substantially similar Uses.
(1) Telecommunication and broadcast facilities subject to applicable Federal licensing requirements
and limited to the lands as described below.
A portion of unsurveyed Section 19, Township 2 South, Range 29 East, Public Records of Duval
County, Florida, more particularly described as follows:
For a point of reference commence at the intersection of the center line of Atlantic Boulevard
with the easterly right of way line of the Intracoastal Waterway, and thence run north 74 degrees
11 minutes east along said center line of Atlantic Boulevard a distance of 511.21 feet to an angle
point of said center line; thence run north 89 degrees 00 minutes 50 seconds east along said center
line a distance of 1744 feet; thence run north 00 degrees 59 minutes 10 seconds west a distance of
50 feet to the northerly right of way line of said Atlantic Boulevard for a point of beginning of the
lands to be conveyed by this description; thence continue north 00 degrees 59 minutes 10 seconds
west a distance of 430.98 feet to the north line of aforementioned section 19; thence run north 88
degrees 24 minutes east, along the north line of section 19 a distance of 300.02 feet; thence run
south 00 degrees 59 minutes 10 seconds east a distance of 434.19 feet to the northerly right of
way line of Atlantic Boulevard; and thence run south 89 degrees 00 minutes 50 seconds west
along said right of way line a distance of 300 feet to the point of beginning.
Less and excepting from the above described lands any portion described in Official Records
Book 8045, Page 48 of the current Public Records of Duval County, Florida.
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November 26, 2001
Less and excepting Parcel 129 as described below:
A portion of unsurveyed section 19, Township 2 South, Range 29 East, Duval County, Florida
lying north of Atlantic Boulevard (state road no. 10) and a portion of the Bartolome de Castro Y.
Ferrer Grant, Section 38, Township 2 South, Range 29 east, Duval County, Florida and being
more particularly described as follows: also being a portion of the lands described in Official
Records, Volume 7386, Page 1717 of the current Public Records of said Duval County.
For a point of reference commence at the intersection of the west line of the Bartolome de Castro
y. Ferrer Grant, Section 38, Township 2 south, Range 29 east, Duval County, Florida with the
northerly right-of-way line of Atlantic Boulevard (state road no. 10) (a right-of-way of varying
width); thence south 89n30'37" west, along said northerly right-of-way line, a distance of 431.346
meters (1415.17 feet) to the southeast corner of lands described in Official Records Volume 7386,
page 1717 of the current Public Records of said Duval County for a point of beginning; thence
continue south 89n30'37" west, along said northerly right-of-way line, a distance of 44.059
meters (144.55 feet) to an angle point in said northerly right-of-way line as depicted on the
Florida Department of Transportation right-of-way map section 72100-2558, State Road No. 10,
Sheet 5 of 6, dated May 5, 1993 on file of record in the District Two Office in Lake City, Florida;
thence north 84n16'14" west, along said northerly right-of-way line, a distance of 47.662 meters
(156.37 feet) to a point on the westerly line of aforesaid lands described in Official Records
Volume 7386, Page 1717; thence north 00n29'23" west, departing said northerly right-of-way line
and along said westerly line, a distance of 42.081 meters (138.06 feet); thence north 89n30'37"
east, a distance of 16.901 meters (55.45 feet); thence south 00n29'23" east, a distance of 36.527
meters (119.84 feet); thence south 50n14'03" east, a distance of 4.792 meters (15.72 feet); thence
north 89n30'37" east, a distance of 45.111 meters (148.00 feet); thence north 00n29'23" west, a
distance of 18.288 meters (60.00 feet ); thence north 89n30'37" east, a distance of 15.188 meters
(49.83 feet); thence south 27n56'34" east, a distance of 5.104 meters (16.75 feet); thence south
00n29'23" east, a distance of 4.919 meters (16.14 feet); thence north 89n30'37" east, a .distance of
4.267 meters (14.00 feet); thence north 00n29'23" west, a distance of 9.449 meters (31.00 feet);
thence north 89n30'37" east, a distance of 3.962 meters (13.00 feet) to a point on the easterly line
of aforesaid lands described in official records volume 7386, page 1717; thence south 00n29'23"
east, along said easterly line, a distance of 25.908 meters (85.00 feet) to the point of beginning.
Containing 1675.4763 square meters, (18034 square feet), more or less.
(2) Government Uses and public facilities.
(c) The existing Salvage Yard, which is restricted to storage and salvage operations of automobiles,
trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized
as a lawfully permitted Nonconforming Use. The site area for this existing Salvage Yard shall not.
exceed that covered by the blocks or portions thereof limited in location to the following Lots of
Record identified as Section H, to wit: all of Blocks 111, 112, 113, 117, 118, 119, 140, 141, and 142.
In the case that any Lot or Parcel within the blocks referenced herein shall cease to be used for a
Salvage Yard as described herein, then and in that case, that particular Lot or Parcel shall not again be
used except in conformance with the requirements of this Section, and any autos, boats, parts, or
similar remaining materials shall be removed at the owner's expense within six (6) months after
receiving written notice from the City of Atlantic Beach. The Zoning District Classifications of such
Lots shall then revert to Residential, Single-family (RS -2), and the use of such Lots shall conform to
the provisions of Section 24-105 and all other applicable Land Development Regulations.
(d) Uses -by -Exception. None.
November 26, 2001
(e) Minimum Lot or Site Requirements. Minimum required Lot Area shall be determined based upon the
characteristics of the Use proposed.
(e) Minimum Yard Requirements. Structures shall be a minimum distance of five (5) feet from any
property line.
(f) Building Restrictions. The Building Restrictions applicable to any Use permitted within a Special
Purpose District shall be established within the ordinance creating such Special Purpose District.
(g) Special Requirements. Development within Special Purpose Districts shall be subject to the following
provisions.
(1) Accessory Uses shall be determined based upon the specific Use permitted within the Special
Purpose District.
(2) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (6)
months or abandoned, the Zoning District designation shall remain Special Purpose (SP), except
in the case where the terms of an SP District require reversion to a previous Zoning District
designation. In all other cases, no future Use shall be permitted except in conformance with the
requirements of this Section and until the Ordinance establishing the Special Purpose District is
amended.
(3) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (6)
months, or abandoned, all Structures, equipment, stored materials and any refuse shall be fully
removed, at the property owner's expense, within six (6) months of receiving written notice from
the City of Atlantic Beach in accordance with such order for removal or in accordance with the
terms of the Ordinance establishing the Special Purpose District.
Sec. 24-114. Central Business District. (CBD)
(a) Intent. The Central Business District is intended for low intensity, neighborhood scale commercial and
retail Uses, and Professional Offices, which are suitable within the constraints of the existing
Development patterns of the District and which contribute to the commercial, civic and cultural
vitality of the City of Atlantic Beach Town Center area. The Central Business District contains an
established Development pattern with a predominance of older Structures built prior to the current
requirements for area, setbacks, parking and other site related elements.
(b) Permitted Uses. The Uses permitted in the Central Business District shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry
cleaners), tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys,
sundries and notions, books, stationery, luggage, jewelry, or similar Uses.
(2) Pharmacies;
(3) Medical and dental offices, but not clinics or hospitals;
(4) Professional offices such as accountants, architects, attorneys, engineers, and similar Uses;
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November 26, 2001
(5) Business offices such as real estate broker, insurance agents, and similar Uses;
(6) Banks and financial institutions without drive-through facilities;
(7) Restaurants,cafes, coffee shops without drive -up or drive-through service;
(8) Municipal government Buildingsand facilities;
(9) Leased Right-of-way Uses.
(c) Uses -by -Exception. Within the Central Business District, the following Uses may be approved as a
Use -by -Exception:
(1) Art galleries, libraries, museums, cultural centers;
(2) Residential, where such residential Use is secondary to the commercial Use of the Building;
(3) Businesses offering live entertainment.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the Central
Business District shall be as follows:
(1) Lot or site area: 5,000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements for the Central Business District
shall be as follows:
(1) Front Yard: (Twenty) 20 feet. If Buildings existing on adjacent Lots have a lesser front Yard,
front Yard shall be the average of Buildings on adjacent Lots.
(2) Rear Yard: Ten (10) feet
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. The Building Restrictions for the Central Business Districts shall be as follows:
(1) Maximum Impervious Surface: Seventy (70) percent.
(2) Maximum Building Height: Twenty-five (25) feet.
(g) Right-of-way Lease restrictions. Outside seating for restaurants, coffee shops and sidewalk cafes may
be operated by the management of adjacent permitted food service establishments, subject to the
following provisions.
Monday, November 12, 2001
(1) Outside seating within public rights-of-way may be permitted under a renewable annual lease
agreement approved by the City Commission. As a condition of the lease, the owner of such
establishment shall agree in writing to maintain that portion of the Right-of-way where the
outside seating is located. The owner/leasee/leasor of the business establishment and the property
owner shall agree in writing to hold the City of Atlantic Beach harmless for any personal injury
or property damage resulting from the existence or operation of, and the condition and
maintenance of the Right-of-way upon which any outside seating is located, and shall furnish
evidence of general liability insurance in the amount of $1,000,000.00 per person and
$2,000,000.00 per occurrence with the City of Atlantic Beach as additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five feet from the curb line of
the Street or from any fire hydrants, planters or other public improvements located in the Right-
of-way.
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height measured
from the ground or sidewalk level. Enclosures shall be designed in compliance with ADA
Accessibility Guidelines and shall provide safe pedestrian access to the public Right-of-way and
designated parking spaces. Such enclosure may consist of screens, planters, fencing or other
similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating areas.
(5) Seats provided in outside seating areas shall be included in the required parking calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating
areas shall be white in color and shall not spill over to adjacent properties.
(7) The City Commission shall determine and establish by resolution the charges, terms and
termination procedures for Right-of-way leases.
(8) The City Commission may permit non-food service Uses under Right-of-way lease agreements
provided such Uses are permitted under the Use -by -Exception process and further provided such
Uses are special event related and not continuous.
Secs. 24-115. through 24-125. Reserved.
DIVISION 6. PLANNED UNIT DEVELOPMENT (PUD)
Sec. 24-126. Purpose.
The purpose of the Planned Unit Development is to encourage creative design to create a more desirable
environment than would be possible through the strict application of the minimum requirements of the
Land Use regulations. The purpose of Planned Unit Development regulations is to encourage flexibility in
the design and development of Land in order to promote its most appropriate Use; to facilitate the
adequate and economical provision of Streets, utilities, and public spaces; and to preserve the natural and
scenic qualities of open areas. The objective of a Planned Unit Development is to encourage ingenuity,
imagination, and design efforts on the part of builders, architects, site planners and developers; to produce
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Monday, November 12, 2001
developments which are in keeping with overall Land Use intensity and open space objectives of this
Chapter, while departing from the strict application of Use, setback, and minimum Lot size requirements
of the several Zoning Districts. While the Planned Unit Developments may depart from the strict
application of this Chapter for the District or Districts in which it is proposed to be located, the
developments are to be compatible with the Comprehensive Plan and shall be Platted of record in
accordance with Article IV, subdivision regulations. All requirements of Article IV of this Chapter shall
be met unless specifically modified or excepted by the City Commission by formal action.
Sec. 24-127. Intent.
The intent of this Division is to permit flexibility in design and to provide performance criteria for
Planned Unit Developments which:
(a) Permit a creative approach to the development of Land;
(b) Accomplish a more desirable environment than would be possible through the strict application of
minimum requirements of this Article;
(c) Provide for an efficient Use of Land, resulting in smaller networks of utilities and Streets and thereby
lower development costs;
(d) Enhance the appearance of the area through preservation of natural features, the provision of
underground utilities and the provision of recreation areas and open spaces in excess of existing
zoning and subdivision requirements;
(e) Provide an opportunity for new approaches to ownership;
(f) Provide an environment of stable character compatible with surrounding areas; and
(g) Retain property values over the years.
Sec. 24-128. Purpose and Planned Unit Development Defined.
For the purpose of this Chapter, Planned Unit Development shall mean the development of Land under
unified control which is planned and developed as a whole in a single or programmed series of operations
with Uses and Structures substantially related to the character of the entire development. A Planned Unit
Development must also include a program for the provision, maintenance, and operation of all areas,
improvements, facilities, and necessary services for the common Use of all occupants thereof.
Sec. 24-129. Permitted Uses and Site requirements.
(a) Permitted Uses. Any Use which is permitted Use or a permitted Use -by Exception, subject to that. Use
being an allowable Use within the Future Land Use as designated by the Comprehensive Plan may be
included within a Planned Unit Development.
(b) Site requirements. Minimum site area required for a Planned Unit Development is ten (10) acres. In
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Monday, November 12, 2001
the case of a natural disaster which destroys large portions of the City, the minimum site area shall
become twenty (20) acres for all new Planned Unit Developments.
Sec. 24-130. Application for rezoning to Planned Unit Development.
(a) Information required. An application for rezoning to Planned Unit Development shall proceed in
general as for other applications for rezoning and, in addition to the information usually required for
such applications, the following shall be required:
(1) Plats and/or metes and bounds legal description of the area proposed to be rezoned to Planned
Unit Development;
(2) The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent
who represents the owner;
(3) Evidence of unified control of the entire area within the Planned Unit Development with all
owners within the area of same identified;
(4) An agreement by all owners within the proposed Planned Unit Development, which includes their
commitment to:
i. Proceed with the proposed development in accordance with the Planned Unit Development
ordinance and such conditions and safeguards as may be set by the City Commission in the
enacting ordinance; and
ii. Provide a written statement of a proposal for completion of the development according to
plans approved by the ordinance, and for continuing operation and maintenance to such areas,
functions and facilities as are not to be provided, operated or maintained by the City pursuant
to written agreement; and
iii. To bind all successors and assigns in title to any commitments included in the enacting
ordinance, which shall include by reference the application for rezoning. This must be clearly
reflected in the Covenants and Restrictions of the PUD, which shall be recorded with the
Clerk of the Courts of Duval County.
(b) Materials to accompany applications. An application for rezoning to Planned Unit Development shall
be accompanied by the following, in sufficient copies as deemed necessary by the Community
Development Director for referrals and recommendations:
(1) Plans, maps, studies and reports as may be required by in order to make the findings and
determinations called for in the evaluation of the particular application.
(2) Written description and justification of the intended plan of development, clearly indicating
where approval of the Planned Unit Development will benefit the future occupants of the
proposed development and the City in general. Such description and justification shall
demonstrate compliance with the stated purpose and intent of the Planned Unit Development
regulations.
(3) A composite site plan drawn at an appropriate scale depicting:
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Monday, November 12, 2001
i. The general location, grouping, and height of all Uses, Structures and facilities;
ii. In the case of residential development, the number of Dwelling Units proposed, their general
location, proposed Building setbacks, separation between structures and number of stories;
iii. The general location of vehicular and pedestrian circulation systems including driveways,
sidewalks, parking areas, and Streets to be dedicated;
iv. Open Space and active and passive recreational Uses; with estimates of acreage to be
dedicated to the City and that to be retained in common ownership. Active and Passive
recreation shall be sufficient to serve the needs of residents within the Planned Unit
Development.
v. A topographic map at an appropriate scale showing contour lines, including all existing
Buildings, water bodies, wetland areas and ratio of wetlands to uplands, significant
environmental features and existing vegetative communities.
. Any archaeological or historic resources, as identified by the State Division of Historical
Resources Master Site File.
vii. Site data including total number of acres in the project and acreage to be developed with each
proposed Use. (Total number of Dwelling Units separated by type and total nonresidential
acreage and square footage of non-residential Structures.
(4) Statements addressing maintenance and ownership of common areas and facilities. In the event
that a homeowner's association is to be created, statements indicating that it and any private
covenants and deed restrictions shall automatically renew unless the majority of the homeowners
shall vote to disband. The City Commission shall agree to the decision of the homeowners.
(5) Proposed schedules of Development, including:
i. Areas to be developed and the phasing schedule for each development area. Individual phases
may overlap, but no single phase shall exceed a period of five (5) years.
ii. Terms providing a definition for Commencement and a definition of completion.
iii. The construction of Streets, utilities and other improvements necessary to serve the proposed
development; and
iv. The dedication of Land to public Use.
Sec. 24-131. Consultants, fees and payment by Applicant.
The City may retain consultants to assist in the review of the Planned Unit Development. The cost of
retaining said consultants shall be borne by the Applicant. Additionally, the Applicant shall reimburse the
City for administrative staff time required for the review and adoption of a Planned Unit Development.
The fee for such costs shall be set by the City Commission.
Monday, November 12, 2001
Sec. 24-132. Application and review procedures.
(a) Review by Community Development Director. The Planned Unit Development rezoning application
shall be submitted to Community Development Director at least thirty (30) days prior to the meeting
of the Community Development Board, at which meeting such application is to be considered. The
Community Development Director shall review the preliminary development plan to determine its
conformity with the Comprehensive Plan, policies of the City, requirements of this Chapter, and
requirements of other applicable state and federal statutes, rules and regulations. Upon completion of
the review, the Community Development Director shall forward the Planned Unit Development
rezoning application to the Community Development Board.
(b) Action by the Community Development Board. The Community Development Board shall review the
Planned Unit Development rezoning application and may recommend to the City Commission to
enact an ordinance establishing a Planned Unit Development including any special conditions related
thereto based upon the findings that:
(1) The proposed Planned Unit Development does not affect adversely the orderly development of
the City, as embodied in this Chapter and in the Comprehensive Plan or portion thereof adopted
by the City Commission;
(2) The proposed Planned Unit Development does not affect adversely the health and safety of
residents in the area and will not be detrimental to the natural environment or to the Use or
development of adjacent properties or the general neighborhood;
(3) The proposed Planned Unit Development will accomplish the objectives and will meet the
Standards and Performance Criteria of Section 24-135;
(4) The Community Development Board shall conduct a public hearing to assist in its development
of a recommendation to the City Commission.
Sec. 24-133. Adoption of Ordinance Creating a Planned Unit Development.
(a) Action by the City Commission: Upon receipt of the recommendation of the Community
Development Board, the City Commission may enact an ordinance establishing a Planned Unit
Development, including any special conditions related thereto based upon findings as outlined in
Section 24-132(b) above.
(b) Procedure for adoption.
(1) Each Planned Unit Development ordinance shall be introduced in writing, and shall contain all
applicable materials which are appropriate to the Planned Unit Development.
(2) A proposed Planned Unit Development shall be read by title or in full on at least two (2) separate
days and shall, at least seven (7) days prior to adoption, be noticed once in a newspaper or general
circulation. The notice of proposed enactment shall state the date, time and place of the meeting,
the title or titles of the proposed Planned Unit Development ordinance, and the place or places
within the municipality where such proposed ordinances may be inspected by the public. A public
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hearing on the proposed ordinance shall be held on the second reading.
(3) The City Commission shall direct the City clerk to notify by mail each real property owner whose
Land the municipality will rezone by enactment of the Planned Unit Development ordinance and
whose address is known by reference to the latest ad valorem tax records. The notice shall state
the substance of the proposed ordinance as it affects the property owner, and shall set a time and
place for one (1) or more public hearings on the ordinance. The notice shall be given at least
thirty (30) days prior to the date set for the public hearing, and a copy of the notice shall be kept
available for public inspection during the regular business hours of the office of the City clerk.
The City Commission may, upon the conclusion of the hearing, immediately adopt the Planned
Unit Development ordinance provided that all applicable requirements of state law have also been
met.
(c) Deviations from the ordinance. In order to facilitate minor adjustments to. the plans approved as part
of the ordinance creating the Planned Unit Development, the City Commission may approve changes
in such plans which comply with the following criteria:
(1) There are the same or fewer number of Dwelling units and/or floor area; or
(2) The open space is in the same general location and in the same general amount, or a greater
amount; or
(3) The Buildings have the same or less number of stories and/or floor area; or
(4) The roads and drives follow approximately the same course; and have the same public or private
rights therein.
(d) Expiration of time limits provided in ordinance. If development actions required by the ordinance
creating a Planned Unit Development are not taken within the time limits set by the City Commission
in the ordinance, the approval of a Planned Unit Development as provided in the ordinance shall
expire, and no further action shall be permitted under same unless an extension has been granted by
the City Commission. See section 24-204(2)(d).
Sec. 24-134. Implementation of a Planned Unit Development.
(a) Development plan. Following the enactment of an ordinance creating a Planned Unit Development, a
detailed development plan of all or part of the Planned Unit Development shall be submitted to the
Community Development Director for review in accordance with the schedule of development, as
contained in the ordinance, which shall include:
(1) All materials, drawings, information, and other documentation, as required by the City to certify
substantial compliance with the Planned Unit Development ordinance.
(2) Agreements, contracts, covenants and deed restrictions and sureties acceptable to the City for
completion of the development according to plans approved in the ordinance, and for continuing
operation and maintenance to such areas, functions and facilities that are not to be provided,
operated, or maintained by the City pursuant to written agreement.
(b) Record plans. If the Planned Unit Development ordinance requires the recording of record Plats, such
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Plats shall accompany the submission of the development plan to the Community Development
Director, and Plats so approved shall be recorded, as required by law.
(c) Approval of development plan. The Community Development Director shall review the submittals
required for the final development plan to assure its compliance with the Planned Unit Development
ordinance. The Community Development Director shall then forward the final development plan to
the City Commission. The City Commission shall review the final development plan and, if found in
compliance with this Article, the Planned Unit Development ordinance and standards established
pursuant to section 24-135, shall approve the same.
(d) Permits required. All development within a Planned Unit Development shall proceed in accordance
with all required Development Permits, and no Building Permit, certificate, or other document
authorizing construction or occupancy within a Planned Unit Development shall be issued, except in
accordance with the approved development plan.
Sec. 24-135. Development Standards and Criteria.
(a) Density of development. The total area occupied by Building and Structures for residential Use shall
not exceed thirty-five (35) percent of the total area of that portion of the Planned Unit Development
devoted to residential Use. Density shall comply with the limitations as set forth by the
Comprehensive Plan.
(b)
Open Space. The Planned Unit Development may, upon approval by the City Commission, include
residential Lots of smaller size than would be permitted by this Chapter, provided the overall Density
is in compliance with the Comprehensive Plan. The excess Land shall be utilized as Open Space. The
Open Space area shall be recorded upon the final development plan of the Planned Unit
Development. The Open Space shall be utilized as a park, for either passive or active recreation or as
a conservation area. The Open Space shall either be dedicated to the City or be maintained by a
community association composed of residents of the Planned Unit Development. Land recorded as
Open Space shall not be encroached upon by any residential, commercial, or industrial Principal Use
or Accessory Use.
(c) Waiver of Yard, Dwelling Unit, frontage criteria, and Use restriction. Minimum Yard, Lot size, type
of Dwelling Unit and Lot frontage requirements may be waived for the Planned Unit Development,
provided the spirit and intent of these Land Development Regulations is complied with within the
total development area of the Planned Unit Development. However, the City Commission may, at its
discretion, require adherence to minimum zone Zoning District requirements within certain portions
of the site if deemed necessary in order to maintain the spirit and intent of these Land Development
Regulations and the Comprehensive Plan.
(d) Supporting legal documents for Open Space. Legal documents which assure adequate management
and maintenance of the Open Space shall be provided by the developer for all areas proposed for
common ownership by the residents of the Planned Unit Development. Legal instruments provided
for dedications, covenants, community associations, and subdivision controls shall:
(1) Place title of common property in a form of common ownership by the residents of the Planned
Unit Development; e.g., a duly constituted and legally responsible community or homeowner's
association, cooperative, etc.;
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(2) Appropriately limit the Use of common property;
(3) Place responsibility for management and maintenance of common property. The City
Commission, at its discretion, may require the Applicant to enter into a contract with the City for
maintenance of commonly held properties;
(4) Clearly designate the developer or the homeowner's association to be responsible for all
maintenance and upkeep of all utilities and other improvements such as sidewalks, Streets, etc.,
until such time as they are accepted by the City.
(5) Place responsibility for the enforcement of Covenants;
(6) Permit the subjection of each Lot to assessment for its proportionate share of maintenance costs.
(e) Access. Access to each single-family Dwelling Unit shall be provided by either a public Right-of-
way or a private vehicular or pedestrian way owned by the individual Lot owner in fee or in common
ownership with the residents of the Planned Unit Development.
(f) Privacy. Each Dwelling Unit within the Planned Unit Development, shall be provided visual and
acoustical privacy. Fences, walks and Landscaping shall be provided for the protection and aesthetic
enhancement of property and the privacy of its occupants, screening of objectionable views or Uses
and reduction of noise.
(g) In -fill development. All construction within the PUD shall conform to the general architectural style
of the initial development and shall, wherever possible, conform to the intended price range as
established in the development plan.
Sec. 24-136. Community Facilities.
(a) All utility facilities proposed for dedication to the City must be acceptable by the City as to
construction standards and deemed to be of benefit to the general public.
(b) All requirements for off -Street parking and loading shall apply to the Planned Unit Development
unless otherwise waived or modified by the City Commission.
(c) Access and circulation shall adequately provide for fire -fighting equipment, furniture moving vans,
fuel trucks, refuse collection, deliveries and debris removal.
(d) All Planned Unit Developments shall provide for underground installation of utilities, including
telephone, power and cable television in both public and private rights-of-way. Provisions shall be
made for acceptable design and construction of storm sewer facilities including grading, gutters,
piping and installation and treatment of turf to handle storm waters, prevent erosion and prevent
formation of dust.
(e) Specifications for Street design shall conform to the rules and regulations adopted by the City. See
Article IV.
(f) All public and private parks, playgrounds and green spaces must be clearly identified and the
Monday, November 12, 2001
proposed location of each must be approved by the Mayor and the City Commission and recorded
within the Ordinance establishing the PUD.
(g) Sidewalks and recreational areas appropriate to the intended Use of the PUD shall be provided and
clearly shown on all plans and drawings. Internal sidewalks shall be provided in all residential PVDs.
Sec. 24-137. Requirements of this Division.
No requirement of this Division, which shall be included in the Planning Unit Development's Covenants
and Restrictions shall be subject to removal from those Covenants without prior approval by formal
action of the City Commission. While it shall not be the responsibility of the City of Atlantic Beach to
enforce private Covenants and Restrictions, the City shall not knowingly issue Building Permits that are
in conflict with such private agreements.
Sec. 24-138. through 24-150. Reserved.
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory Uses and Structures.
(a) Authorization. Accessory Uses and Structures are permitted in any Zoning District when the
Accessory Uses or Structures are clearly ancillary, in connection with, and incidental to the Principal
Use allowed within the particular Zoning District.
(b) Accessory Uses by Zoning District. Accessory Uses and Structures shall be permitted only within
Zoning Districts as set forth within this Division.
(1) In all residential Zoning Districts:
Antenna Structures for television and radio, but not microwave relay or commercial
transmission Structures, television and radio antennas of the customary size and design shall
not count as accessory Structures for the purpose of determining the number of such
Structures, provided that only one such Structure is permitted per residence.
ii. Children's playhouse and/or juvenile play equipment, not to exceed thirty-six (36) square feet
of gross floor area.
iii. Detached Private Garages and carports, not to exceed six hundred (600) square feet of Lot
Area and twelve (12) feet in height, except in accordance with Section 24-88. Only one
detached Private Garage or carport shall be allowed on any single residential Lot, and such
Structures shall comply with applicable Yard Requirements.
iv. Gazebos and similar Structures, not to exceed 150 square feet and ten (10) feet in height a for
flat roof or twelve (12) feet in height for a peaked roof;
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v. Private Swimming Pools.
vi Home Office (but not a Home Occupation).
vii. Private ball courts and other similar private recreational Uses;
viii. Storage and tool sheds, not to exceed 150 square feet and ten feet (flat roof) or twelve feet
(peaked roof) in height. Only one detached storage or tool shed shall be allowed on any
single residential Lot, and such Structures shall comply with applicable Yard Requirements.
ix. Detached screened enclosures with screened roofs, not to exceed 600 square feet and fifteen
(15) feet in height and located a minimum of five (5) feet from any side or rear Lot Line.
Such detached screened enclosures shall not be allowed in Required Front Yards.
x. Dog houses not to exceed five (5) square feet and five (5) feet in height.
(2) In any Zoning District; except as to private Swimming Pools:
i. All Accessory Uses and Structures shall comply with the Use limitations applicable to the
Zoning District in which they are located.
ii. Unless otherwise specified within this Section, all Accessory Structures shall comply with the
Land Development Regulations, including minimum Yard Requirements applicable to the
Zoning District in which they are located;
iii. Accessory Uses and Structures shall not be located within Required Front Yards and shall not
be closer than five (5) feet from any Lot Line.
iv. No Accessory Structures shall be used as a residence, temporarily or permanently, except in
accordance with Section 24-88 and Section 24-89.
Accessory. Structures shall not be more than twelve (12) feet in height, except in accordance
with Section 24-88. Accessory Structures shall not be placed forward of the front of the
Principal Use Structure. On a Corner Lot, no part of any Accessory Structure shall be closer
to any Property Line that the Principal Use Structure. Space within an Accessory Structure
shall not be leased or used for any Use or purpose other than those incidental to the Use of the
Principal Building.
Sec. 24-152. Child Care Centers.
Child Care Centers, including day nurseries and kindergartens, whether permitted or permitted Uses -by -
Exceptions shall be subject to the following provisions:
(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 (4) 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;
Monday, November 12, 2001
(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 applicable City ordinances and Florida
Statutes for Child Care Centers.
Sec. 24-153. Churches.
The minimum Development criteria for churches in any Zoning District where Churches are permitted
shall include:
(b) Adequate site area to accommodate all Structures and required on-site parking and circulation areas
for motor vehicles, in accordance with the parking requirements of this Chapter;
(c) 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;
(d) Maintenance of the required clear sight triangle;
(e) Building setbacks as required in the Zoning District in which the facility is located;
(f)
(g)
Buffering in the form of hedge materials and/or fence or wall, as appropriate, along Lot lines adjacent
to residential Uses;
If there is a Dwelling for clergy attached or on the same premises, required Open Space shall be:
(1) For Single-family Dwellings, the same as for the same Use in a District permitting Single-family
Dwellings.
(2) For Group Homes, residence halls, the same as for Multi -family Dwellings.
Sec. 24-154. Display And Sale of Merchandise Outside of a Business.
Outside display or sales of furniture, clothing, dry goods, hardware or other similar materials shall be
prohibited in all Zoning Districts.
Sec. 24-155. Establishments Offering Dancing or Live Entertainment.
If at any time the City Commission shall determine, based upon procedural due process, that the live
entertainment for which a Use -by -Exception 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
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public health, safety, comfort, good order, appearance or value of property in the immediate or
surrounding vicinity, then the City Commission may, upon such determination, revoke, cancel or suspend
such Use -by -Exception and related Occupational License, and any person or party applying for and
receiving a Use -by -Exception for live entertainment is hereby placed on notice that the Use -by -Exception
may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every Use -
by -Exception hereafter granted for live entertainment shall contain a recitation upon the face thereof that
the same is subject to revocation, cancellation or suspension for the reasons stated in this section.
Sec. 24-156. Exceptions to Height Limitations.
Upon specific application, the City Commission may make exceptions to the limitations and restrictions
on Height of Buildings or Structures in the CL, CG and CB and ILW Zoning Districts, provided that in
any instance wherein such an exception is granted, the City Commission shall prescribe the maximum
allowable Height of the Building or Structures involved.
Sec. 24-157. Allowable Height of Fences and Walls.
(a) Within Required Front Yards, the maximum height of any fence or wall, including posts s or columns,
shall be four (4) feet.
(b) Within Required Side or Rear Yards, the maximum height of any fence or wall, including posts or
columns, shall be six (6) feet.
(c) On Corner Lots, no fence, wall or Landscaping, exceeding four (4) feet in height, shall be allowed
within fifteen (15) feet of any Lot Line which abuts a Street. (A minimum twenty-five (25) foot Sight
Triangle shall be maintained.)
(d) The height of fences and walls shall be measured from grade to the top of the fence or wall, including
posts or columns. Where a fence or wall is erected at the junction of properties with varying
elevations, the height of the fence or wall shall be measured from the side with the lowest elevation.
The use of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is
prohibited.
(e) The maximum height of a retaining walls on any Lot is four (4) feet. A minimum of forty (40) feet
shall separate retaining walls designed to add cumulative height or increase site elevation.
Sec. 24-158. 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 of an application for a Building Permit to install, construct or place
guardhouse or security Building and issuance of a Building Permit, a guardhouse or security Building
may be erected, installed, placed or constructed within any Zoning District.
Monday, November 12, 2001
(c) Any person or party desiring to erect, install, place or construct any guardhouse or security Building
shall apply to the Building Official. 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 practical, either approve and
authorize issuance of the permit, or deny the same. If the permit is authorized, the Building Official
shall issue a Building Permit for the guardhouse or security Building.
(e) No guardhouse or security Building shall be occupied until it has passed all Building inspections and a
Certificate of Occupancy has been issued for the Building.
(f) When any guardhouse or security Building has ceased to be used for such purpose as defined in this
Section, and the guardhouse or security Building does not meet all setback, square footage, electrical,
plumbing or other requirements necessary for the issuance of a Building Permit as a Principal Use,
Accessory Use or Use -by -Exception in the Zoning District where the Building is located, it shall be
removed at the owner's expense unless the City authorizes a continued Use.
Sec. 24-159. Home Occupations.
(a) Intent. Certain Home Occupations may be approved through the Use -by -Exception procedure in
order to address the desire of people to conduct limited small-scale home occupations within a
personal residence. A Home Occupation shall not change the residential character or exterior
appearance of a property, shall not increase traffic in residential neighborhoods and shall not create
any adverse impacts to the surrounding residential neighborhood.
(b) Home Occupations shall be approved in accordance with Section 24-63. The following provisions
regulations shall also apply to all activities approved as a Home Occupations:
(1) The address of the Home Occupation shall not appear in the telephone book, on letterhead,
checks or any type of advertising.
(2) No one other than immediate family members residing on the premises shall be involved in the
Home Occupation. There shall be a limit of one Occupational License per person, and no more
than two (2) licenses per household. Home Occupations shall be nontransferable.
(3) All business activities conducted on the licensed premises shall be conducted entirely within the
Dwelling. There shall be no outside storage or outside Use of equipment or materials.
(4) No more than one (1) room of the Dwelling shall be used to conduct the Home Occupation,
provided the area of that room does not exceed twenty-five (25) percent of the total living area of
the Dwelling.
(5) No external sign or evidence that the Dwelling is being Used for any purpose other than a
residence shall be allowed.
(6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or
electrical interference as a result of the Home Occupation. Evidence of such shall result in
revocation of the Home Occupation approval.
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(7) The City Commission may attach additional 'provisions and conditions, as appropriate, to the
approval of any Home Occupation.
(c) The following are typical activities that may be acceptable as Home Occupations: recognized
professional services with characteristics that exceed the definition of a Home Office, such as
accountant, attorney, bookkeeper, insurance agent, consultant, real estate agent, secretarial services,
architect; and artist, auctioneer, seamstress or tailor, music instructor, photographer, piano tuner,
telephone answering service, hobby and crafts not involving equipment, and licensed massage
therapist with no treatment of clients on premises. (Activities meeting the definition of a Home
Office shall not require approval as a Use -by -Exception.)
(d) The following occupations and activities shall be prohibited as Home Occupations:
(1) Escort or introduction services;
(2) Welding or any type of metal fabrication;
(3) Repair, maintenance or detailing of automobiles, boats, motorcycles, trailers or vehicle of any
kind;
(4) Cabinet or furniture making;
(5) Upholstery or canvas work;
(6) Fortune tellers, psychics and similar activities;
(7) Beauty shops or barbers;
(8) Antique or gift shops;
(9) Tow truck service;
(10) Grooming or boarding of animals;
(11) Any other activity as determined by the City Commission to be inappropriate as a Home
Occupation.
(e) Home Occupations shall not be permitted in areas that are restricted by deed when such documents
are recorded in the public records of Duval County and on file with the City Clerk of the City of
Atlantic Beach.
(f) All other business activities, not specifically approved as a Home Occupations, shall be restricted to
the Commercial Zoning Districts.
Sec. 24-160. Dumpsters, Garbage Containers and Refuse Collection Areas and Above -
Ground Tanks.
(a) Within residential Zoning Districts, trash receptacles, garbage, recycling and similar containers shall
be shielded from view except during time periods typically associated with refuse collection.
Within commercial Zoning Districts, dumpsters, trash receptacles, above ground tanks and similar
Structures and containers shall be screened from view by fencing or Landscaping, or shall be located
so that these are not visible from adjacent properties or Streets.
(b)
Sec. 24-161. Off -Street Parking and Loading.
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November 26, 2001
(a) General. Required 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. The facilities shall be
arranged for convenient access and safety of pedestrians and vehicles; shall be paved (see, adequately
drained and maintained in a dustproof 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 stormwater, drainage
swales, guttering, etc. Excess parking is strongly discouraged, and in no case shall the number of
parking spaces exceed that required by this Section by ten (10) percent of that required.
(b) Plans required. A composite site plan depicting the arrangement and dimensions of required parking
and loading spaces, access aisles and driveways in relationship to the Buildings or Uses to be served
shall be included on with all plans submitted for review. Parking calculations shall also be included.
Street.
(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 (24) lineal inches of such seating shall be
considered one (1) 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 Section to require all Uses to provide adequate off -Street parking
and loading.
(e) Location of required parking spaces:
(1) Parking spaces for residential Uses shall be located on the same property with Principal Building
to be served, where feasible.
(2) Parking spaces for Uses other than residential Uses shall be provided on the same Lot or not more
than four hundred (400) feet away. A shared parking agreement shall be required where off-site
parking is used to meet parking requirements. In such cases, the Uses sharing parking must
demonstrate different peak -hour parking needs.
(f) Design requirements:
(1) Parking space dimension shall be a minimum of ten (10) feet by twenty (20) feet;
(2) Accessible parking spaces . shall comply with the Accessibility Guidelines for Buildings and
Facilities (ADAAG), and shall have a minimum width of twelve (12) feet;
(3) Minimum width for one-way driveway aisle shall be twelve (12) feet, and the minimum width for
two-way driveway shall be twenty-two (22) feet.
(g) Parking space requirements:
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or
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seating places;
(2) Bowling alleys: Four (4) spaces for each alley;
(3) Business or commercial Buildings: One (1) space for each three hundred (300) square feet of
gross floor area;
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places;
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each
two hundred (200) square feet of gross floor area, whichever is greater;
(6) All residential Uses: Two (2) spaces per Dwelling Unit.
(7) Hospitals, clinics and convalescent homes: One and one-half (1 1/2) spaces for each hospital
bed;
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory Uses
such as restaurants, lounges, etc., plus one employee space per each 20. sleeping units or portion
thereof;
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor
area;
(10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees
on the largest working shift, plus one (1) space for each company vehicle operating from the
premises;
(11) Medical or dental clinic: One (1) space for each two hundred (200) square feet of gross floor
area;
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space
for each three (3) employees;
(13) Marinas: One (1) space for each boat berth plus one (1) space for each two (2) employees;
(14) Office and professional Buildings: One (1) space for each four hundred (400) square feet of
gross floor area;
(15) Restaurants, cocktail lounges and/or other eating places: One. (1) space for each two (2)
seats;
(16) Rooming and boardinghouses: One (1) space for each guest bedroom;
(17) Schools and educational Uses:
i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen;
ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff
member.
November 26, 2001
to be located closer to a front line than the Principal Building is located; except that a pool may
be located in either Yard on a double frontage Lot along the Atlantic Ocean and provided that no
pool on such Lots is located closer than five (5) feet from any Lot Line.
(2) For ornamental pools, the front Setback shall be a minimum of five (5) feet.
(3) Minimum Required Side and Rear Yard Setbacks for both Swimming Pools and ornamental pools
shall be five (5) feet from any Lot Line.
(c) Fences: All Swimming Pools and any ornamental pool with a maximum depth greater than two (2)
feet shall be enclosed by a fence wall or equivalent barrier at least four (4) feet high and designed in
compliance with both state and local regulations.
Sec. 24-165. Service Stations.
The following provisions shall apply to the location, design, construction, operation and maintenance of
Service Stations:
(a) Lot. dimensions. A Lot containing a Service Station shall be of adequate width and depth to meet all
Setback requirements, but in no case shall a Corner Lot have less than two (2) Street frontages of at
least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred
(22,500) square feet, and an interior Lot shall have a Street frontage of at least one hundred (100) feet
and a minimum area of fifteen thousand (15,000) square feet.
(b) Access to site. Vehicular entrances or exits for Service Stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of Street
frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street of not more than forty (40) feet as
measured parallel to the Street at its narrowest point, and not be located closer than one hundred
(100) feet from a Street intersection along any arterial or collector Street and/or closer than fifty
(50) feet from a Street intersection. on a local. Street or closer than ten (10) feet from adjoining
property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the Right-of-
way line and the curb or edge of the pavement along a single Street.
(c) Location of pumps and Structures. No Principal or Accessory Building, no sign of any type, and no
gasoline pump shall be Iocated within fifteen (15) feet of the Lot Line of any property that is
residentially zoned. No gasoline pump shall be located within twenty (20) feet of any Street Right-of-
way line.
(d) Lighting. All lights and lighting on a Service Station shall be so designed and arranged so that no
source of light shall be directly visible from any residential Zoning District; this provision shall not be
construed to prohibit interior lighted signs.
Sec. 24-166. Signs.
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Signs shall be governed as set forth within Chapter 17 of this Code, Signs and Advertising Structures.
Sec. 24-167. Required Buffering Between Residential and Non -Residential Uses.
When Development is proposed in any non-residential Zoning District that adjoins a Lot in Residential
Use, either to the side or to the rear, buffers as described below shall be provided.
(a) Where non-residential Development is proposed adjacent to residential development, there shall be a
solid masonry wall, or wood fence, shrubbery or Landscaping as approved by the designated
Administrative Official, along Required Rear and Required Side Yards. Such buffer shall be a
minimum of five (5) feet in height, except that within Required Front Yards, such buffer shall be four
(4) feet in height. Required buffers shall be constructed and maintained along the entire length of the
adjoining Lot Line.
(b)
Where Landscaping is used as the required buffer, such Landscaping shall provide one -hundred (100)
percent opacity within twelve (12) months of installation.
(c) Where a wall or fence is used, such wall or fence shall be constructed on the non-residential property,
and height of the wall or fence shall be measured from the Finished Grade of the non-residential
property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as
measured from the lowest side. Buffer walls and fences as required by this Section may be
constructed to a maximum height of eight (8) feet, subject to approval of the designated
Administrative Official upon demonstration that such height is required to provide adequate buffering
between Uses.
Sec. 24-168. Land Clearing, Tree Removal or Damage to Existing Trees and Vegetation.
The removal or damage of a trees and vegetation shall be governed by Chapter 23, Article II. No Lands
shall be cleared or grubbed, and no vegetation on any Development site disturbed, prior to issuance of all
required approvals and Development Permits authorizing such clearing.
Sec. 24-169. Utility Structures.
Structures or Uses required for public utilities such as gas, water, electric, sewage or telephone may be
located within any Zoning District upon recommendation of the Community Development Board and
approval of the City Commission.
Sec. 24-170. Satellite Dish Antenna.
(a) All installations of satellite antenna not regulated by the Federal Telecommunications
Communications Act of 1996 and subsequent revisions shall meet the following minimum
requirements:
(1) Satellite dish antenna shall be considered a Structure requiring a Development Permit prior to
installation. Subsequent to installation, the antenna shall be maintained in compliance with all
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November 26, 2001
applicable Building and electrical codes.
(2) Satellite dish antenna installation and any part thereof shall maintain safe vertical and horizontal
clearances from any electrical lines and shall conform to the National Electrical Code.
(3)
Satellite dish antenna installation shall meet all FCC and manufacturer specifications, rules and
requirements.
(4) Satellite dish antenna shall be of a non -reflective surface material and shall be made, to the fullest
extent possible, to conform and blend with the surrounding area and Structures.
(5) Satellite dish antenna shall contain no advertising or signage of any type.
(6) The installer of any satellite dish antenna, prior to installation, shall submit detailed drawings of
the proposed satellite dish antenna installation, including a survey of the property identifying the
proposed location, and foundation details which shall be certified by the manufacturer or a
professional engineer to meet the wind loading as well as other structural requirements.
Satellite dish antenna may be placed in the Required Rear Yard or Side Yard of a Lot provided it
shall not be placed closer to the front Lot Line than the existing Principal Building.
(7)
(8) Satellite dish antenna shall, to the maximum extent possible , be screened from the view from
adjacent Streets.
(b) The following standards shall apply to all satellite antenna installations:
(1) Satellite dish antenna shall be considered an Accessory Structure to the Principal Structure on the
Lot and shall not constitute the Principal Use of any property.
(2) Satellite dish antenna shall provide service only to the Principal Structure on the Lot and shall not
be Used for commercial purposes.
(3) Not more than one satellite dish shall be permitted on any residential Lot. On commercial Lots
there shall be no limitation as to the number of satellite dish antenna provided that all the other
requirements of this Section are met.
(4) The maximum size of the satellite dish antenna, whether ground mounted or pole mounted, shall
be twelve (12) feet in diameter.
(5) The maximum height of a pole mounted dish antenna shall be fifteen (15) feet, as measured from
the adjacent Finished Grade to the highest projection of the antenna.
(6) The maximum height of a Building mounted dish antenna shall not exceed the height of the
Building.
(7) A satellite dish antenna with a diameter greater than four (4) feet shall not be permitted to be
installed on the roof of any Structure.
(8) A satellite dish antenna installation, whether ground or pole mounted, shall be mounted at a fixed
point and shall not be portable.
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(c) Nonconforming Antenna. Any satellite dish antenna lawfully installed prior to the initial effective
date of these Land Development Regulations shall be allowed to remain, until such time as such
satellite dish or antenna replaced or moved. At the time of replacement or relocation, the
requirements of this Section shall be complied with in full.
Secs. 24-171. through 24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
The following words and phrases, when used herein, shall have the meanings, respectively ascribed to
them:
Buffer shall mean the required treatment of areas between different classifications of Uses or
incompatible Uses. Buffers may incorporate the combinations of Landscaping, Open Space, fences or
walls.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet
high, intended to cover the ground.
Hedge means a Landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and distribute
water to plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass, ground covers,
shrubs, vines, hedges, or trees. Landscaping may also include Landscape elements such as rocks,
pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such Landscape
element has a solid roof.
Mulch means organic materials customarily used in Landscape design to retard erosion and retain
moisture.
Perimeter Landscape means a continuous area of Land which is required to be installed along the
perimeter of a Lot in which Landscaping is used to provide a transition between Uses and reduce adverse.
environmental, aesthetic, and other negative impacts between Uses.
Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches
continuous from the base naturally growing to a mature height between two (2) and twelve (12) feet.
Vehicular Use Area (VUA) means those areas of a site to be used for off -Street parking, employee
parking, service drives, loading zones and access drives within property located in commercial and
industrial Zoning Districts.
Xeriscape means water conserving Landscape design utilizing native or drought tolerant vegetation and
water efficient irrigation systems.
November 26, 2001
Sec. 24-177. Applicability; Requirements; Buffer Design Standards; Maintenance,
Protection and Visibility.
(a) Applicability. The provisions of this Section shall apply to all new non-residential Development and
Multi -family Development, including property in Government Use. The provisions of this Section
shall also apply when the total cost of alteration, expansion or renovation of existing such
Development is equal to or exceeds twenty-five (25) percent of the current Assessed Value of the
parcel improvements, or when the total square footage of a Structure is expanded by more than
twenty-five (25) percent as well as when any cumulative expansions total more than twenty-five (25)
percent. Construction costs shall be determined in accordance with the Building Evaluation Data
sheet as established by the Standard Building Code Council International.
(b) Landscape Plan Required.
(1) Prior to the issuance of any Development Permit for non-residential Development and Multi-
family Development, a Landscape Plan shall be approved by the Community Development
Director. For Development sites greater than two (2) acres in size, a Landscape Plan shall be
submitted with Preliminary Site Plans as required by Section 24-167(c). The Landscape Plan shall
be prepared by either the owner or a licensed, registered Landscape architect, bearing his seal, or
shall be otherwise prepared by persons authorized to prepare Landscape Plans or drawings
pursuant to Chapter 481, Part II, Florida Statutes (Landscape Architecture).
(2) The required Landscape Plan shall be drawn to scale, including dimensions and distances, and
shall:
i. Delineate the Vehicular Use Areas, access aisles, driveways, and similar features.,
ii. Indicate the location of sprinklers or water outlets and back flow prevention devices.
iii. Designate by name and location the plant material to be installed or preserved in
accordance with the requirements of this part. The use of Xeriscape Landscape materials
and methods is strongly encouraged.
iv. Identify and describe the location and characteristics of all other Landscape materials to
be used.
v. Show all Landscape features, including areas of vegetation required to be preserved by
law, in context with the location and outline of existing and proposed Buildings and other
improvements upon the site, if any;
vi. Include a tabulation clearly displaying the relevant statistical information necessary for
the director to evaluate compliance with the provisions of this part. This includes gross
acreage, square footage of preservation areas, number of trees to be planted or preserved,
square footage of paved areas, and such other information as the director may require;
and
vii. Indicate all overhead and underground utilities located on the property and in the
Right-of-way adjacent to the property to which the Landscape plan applies. This shall
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include overhead and underground electric service lines to all proposed Buildings.
(c) Vehicular Use area interior Landscaping requirements.
(1) Vehicular Use Areas open to the public. Ten (10) percent of vehicular Use areas (WA's) Used
for off -Street parking, employee parking, auto service stations, service drives, and access drives
within property located within Commercial and Industrial Zoning Districts shall be Landscaped.
(2) Specialized Vehicular Use Areas closed to the public. Five (5) percent of VUAs used for storage
areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight
terminals; and other transportation, warehousing and truck operations not generally open to the
public shall be Landscaped.
(3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a
manner as to provide visual relief from broad expanses of pavement and at strategic points to
channel and define vehicular and pedestrian circulation. Landscape areas shall contain the
following:
i. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the
remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot
spacing.
ii. Not less than one (1) tree for every four thousand (4,000) square feet, or fraction thereof, of
the VUA.
(4) Each row of parking spaces shall be terminated by a Landscape island with inside dimensions of
not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a
double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal
island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other
appropriate permanent material.
(5) If it can be shown to the satisfaction of the Community Development Director that the strict
application of this Section will seriously limit the Use of the property, the Community
Development Director may approve the location of the required interior Landscape area near the
perimeter of the VUA or adjacent to the Building on the property, so long as the Landscape area
is within twenty (20) feet of the perimeter of the VUA.
(d) Perimeter Landscaping requirements.
(1) Street frontage Landscaping. All VUA that are not entirely screened by an intervening Building
from any abutting dedicated public Street or approved private Street, to the extent such areas are
not so screened, shall contain the following:
i. A Landscape area of not less than ten (10) square feet for each linear foot of VUA Street
frontage, fifty (50) percent of which shall be at least a five -foot -wide strip abutting the Street
Right-of-way except for driveways. The remaining required Landscape area shall be located
within twenty-five (25) feet of the Street Right-of-way.
ii. A durable opaque Landscape screen along at Least seventy-five (75) percent of the Street
frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing
under -story vegetation, or combination thereof, may be Used so long as the screen is no less
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November 26, 2001
than three (3) feet high measured from the property line grade. Walls or fences shall be no
more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent
opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-
five (25) percent of Street side frontage of walls or fences shall be Landscaped with shrubs or
vines.
iii. No less than one (1) tree, located within twenty-five (25) feet of the Street Right-of-way, for
each fifty (50) linear feet, or fraction thereof, of VUA Street frontage. The trees may be
clustered, but shall be no more than seventy-five (75) feet apart. If an overhead power line
abuts the Street frontage, then the required trees reaching a mature height greater than twenty-
five (25) feet shall be located at least fifteen (15) [feet] away from the power line.
iv. The remainder of the Landscape area shall be Landscaped with trees, shrubs, ground covers,
grass, or mulch.
v. Landscape areas required by this section shall not be Used to satisfy the interior Landscape
requirements; however, the gross area of the perimeter Landscaping which exceeds the
minimum requirements may be Used to satisfy the interior Landscape requirements.
vi If a utility Right-of-way separates the VUA from the public Street or approved private Street,
the perimeter Landscaping requirements of this section shall still apply.
(2) Perimeter Landscaping adjacent to Lot Lines. All Vehicular Use Areas that are not entirely
screened by an intervening Building from an abutting property, to the extent such areas are not
screened, shall contain the following:
i. A continuous Landscape area at least five (5) feet wide between the VUAs and the abutting
property, Landscaped with shrubs, ground covers, preserved existing vegetation, mulch and
grass;
ii. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA,
for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent
property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart.
iii. A buffer wall between incompatible Land Uses as required by subsection (g), if applicable.
iv. If an alley separates the VUA from the abutting property, the perimeter Landscaping
requirements shall still apply.
(3) Existing Landscape Screen. If an existing Landscape screen has been established on abutting
property, then it may be used to satisfy the requirements of this Section, so long as the existing
Landscape screen is abutting the common Lot Line, and it meets all applicable standards of this
Section.
(4) Driveways to Streets. The maximum width of any driveway not containing a Landscaped island
through the perimeter Landscape area shall be thirty-six (36) feet. The maximum width of any
driveway containing a Landscaped island through the perimeter Landscape area shall be forty-
eight (48) feet and the driveway shall contain a Landscaped island which measures not Iess than
eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous
raised curb, or other alternative approved by the director. In no event shall more than fifty (50)
percent of any Street frontage be paved, nor shall the provisions of this section be applied to
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reduce the permitted driveway width to less than twenty-four (24) feet.
(5) Driveways to adjoining Lots. Driveways may be permitted by the director to adjoining Lots of
compatible Use.
(6) If a joint driveway easement is provided between adjacent property, then the required perimeter
Landscaping for each property shall be provided between the drive and any other vehicular_Use
areas.
(7) If it can be shown to the satisfaction of the Community Development Director that the strict
application of this Section will seriously limit the Use of the property, the Community
Development Director may approve the location of the required interior Landscape area.
(e) Buffers required between incompatible or different Use classifications.
(1) Where incompatible or different Use classifications are adjacent, without an intervening Street, a
buffer strip shall be required between the such Uses. Such buffer strip shall be at least ten (10)
feet in width the entire length of all such common Lot Lines and shall be required in the
following circumstances:
i Multiple -family Dwelling Use or Zoning Districts, three (3) or more attached units when
adjacent to single-family Dwelling(s) or Lands zoned for single-family Dwelling.
ii. Office Use or Zoning Districts, when adjacent to single-family or multiple -family Dwellings,
mobile home parks or subdivisions or Lands zoned for single-family or multiple -family
Dwellings, mobile home parks or subdivisions.
iii. Mobile home park Use or Zoning Districts, when adjacent to single-family Dwellings,
multiple -family Dwellings and office Uses, or Lands zoned for single-family Dwellings,
multiple -family Dwellings or offices.
iv. Commercial and institutional Uses or Zoning Districts, when adjacent to Single-family
Dwellings, Multi -family Dwellings or Mobile Home parks or Mobile Home subdivision Uses
or Lands zoned for Single-family Dwellings, Multi -family Swellings or Mobile Home parks
or Mobile Home subdivisions.
v. Industrial Uses or Zoning Districts, when adjacent to any non -industrial Uses or Zoning
Districts other than agricultural Land Uses or Zoning Districts.
(3) Required Buffers shall at a minimum contain the following Landscape materials:
i. Trees. The total tree count required within the buffer strip shall be one (1) tree for each
twenty-five (25) linear feet of required buffer strip, or majority portion thereof.
ii. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip.
iii. Visual screen. A visual screen running the entire length of common boundaries shall be
installed within the buffer strip, except at permitted access ways. The visual screen may be a
wood or masonry wall, Landscaping, earth mounds or combination thereof. Earth mounds
shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable
standards exists on adjacent property abutting the property line or exists between the
November 26, 2001
proposed development on the site and the common property line, then it may be Used to
satisfy the visual screen requirements.
iv. Prevailing requirement. Whenever parcels are subject to both the perimeter Landscaping
requirements and buffer strip requirements of the Article, the latter requirements shall prevail.
v. Hardship. If the Community Development Director determines that the construction of a
Landscape buffer area required by this Section shall create an unreasonable hardship, the
Director may approve a buffer area with a width no less than five (5) feet, provided such
buffer area meets the visual screening requirements of this Section.
(3) The required buffer strip shall not be used for Principal or Accessory Uses and Structures,
Vehicular Use Areas, dumpster pads, signs, equipment, or storage. Slopes within required buffer
strips shall not exceed four (4) to one (1).
(f) Landscape design standards.
(1) Minimum tree requirements shall comply with Section 23-17(c).
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for Vehicular Use Area Landscaping may be used to fulfill the tree requirements
of this Section.
(4) Standards for Landscape materials.
i. Plants and trees shall meet the criteria of Chapter 23, section 23-17(e)(2)a.
ii. Fifty (50) percent of the trees can be non -shade trees or trees with a mature canopy of fifteen
(15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height.
Trees shall not be planted closer than two (2) feet from any pavement edge or Right-of-way
line, as measured from center of trunk. Shade trees shall not be planted closer than four (4)
feet from any pavement edge or Right-of-way line, as measured from center of trunk.
iii. Palms may be substituted for the required trees at the ratio of two (2) palms for each required
tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk
height of eight (8) feet, measured from the ground level to the base of the palm.
iv. Criteria for shrubs, vines and ground covers. Hedges and shrubs Used to form an opaque
screen shall be no less than a three -gallon container [of] grown material or equivalent balled
and burlap material.
v. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall
be Used on grass areas within Street rights-of-way disturbed by construction, in swales, on
slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent
seed is sown during its dormant season, an annual winter grass shall also be sown for
immediate effect and protection until permanent coverage is achieved.
ri Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and
pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas
and bare preserved natural areas.
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vii. General cleanup. At the completion of work, construction trash and debris shall be removed
and disturbed areas shall be fine -graded and Landscaped with shrubs, ground cover, grass or
two (2) inches of mulch.
(g) Maintenance and protection of Landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all Landscaped
areas, which shall be maintained in good condition so as to present a healthy, neat and orderly
appearance, free of refuse, debris and weeds. Failure to maintain required Landscape areas or to
replace within thirty (30) days all required Landscaping which is dead, irreparably damaged, or
fails to meet the standards of this Section, shall be deemed a violation of these Land Development
Regulations and subject to Code Enforcement procedures.
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system.
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees
may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded
limbs, diseased and insect -infested limbs, and branches which rub other branches.
(h) Intersection visibility. Where an access way intersects with another access way within a Vehicular
Use Area, or where an access way is located within a Vehicular Use Area, or where an access way
intersects with a Street Right-of-way, cross visibility within the sight triangle, as defined in this
Chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of
adjacent pavement.
Secs. 24-178. through 24-185. Reserved.
ARTICLE IV. SUBDIVISION REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and Intent.
The public health, safety, comfort and welfare require the harmonious, orderly and progressive
development of Land. The Subdivision 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 this Article is as follows:
(a) To establish reasonable and equitable standards of Subdivision design and procedures for the
subdivision of Land that will encourage stable communities and the creation of healthy living
November 26, 2001
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 serve the residents of Land proposed for Development;
(c) To present traffic hazards and to require the provision of safe and convenient vehicular and pedestrian
traffic circulation 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 enhance protection from fire, flood and other danger;
(f) To provide for adequate light, air privacy, and to prevent overcrowding of the Land and undue
congestion of the population;
(g) To ensure proper legal descriptions and monumentation of subdivided Land;
(h) To prevent or reduce the pollution of air, streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water table; and to encourage the wise Use and management of natural
resources throughout the jurisdiction of the City 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 the City of Atlantic Beach, in accordance with the
Comprehensive Plan, this Article and the requirements of these Land Development Regulations.
Sec. 24-187. Waiver.
(a) General. Where the City Commission fmds that undue hardship due to unreasonable practical
difficulties may result from strict compliance with this Article, the City Commission may approve a
waiver to the requirements of this Article if the waiver serves the public interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written
request for the waiver stating the reasons for the waiver and the facts which support the waiver. The
City Commission shall not approve a waiver unless it determines as follows:
(1) The particular physical conditions, shape or topography of the specific property involved causes
an undue hardship to the Applicant if the strict letter of the Article 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;
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November 26, 2001
(4) The waiver is consistent with the intent and purpose of Article III of this Chapter, the
Comprehensive Plan and the requirements of this Article. If the City Commission approves a
waiver, the City Commission may attach such conditions to the waiver as will ensure that the
waiver will comply with the intent and purpose of this Article.
Sec. 24-188. Re -subdivision of Platted Lots and Lots of Record.
(a) Procedure for re -subdivision. Any change in a map of an approved or recorded Subdivision Plat,
Platted Lot or Lot of Record, which alters any access point, other than a private driveway, or Street
layout as shown on the recorded Plat, or any area reserved thereon for public Use, shall be approved
by the City Commission by the same procedure, rules and regulations as for a new subdivision, and a
re -plat shall be recorded.
(b)
Procedure for subdivisions where future re -subdivision 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 the Lots will eventually be re -subdivided into small Building sites,
the City Commission may require the allowance for future opening of Streets and the ultimate
extension of adjacent Streets on that parcel of Land. Easements providing for the future opening and
extension of the Streets may be made a requirement of the Plat.
(c) Changes to previously recorded Subdivision Plats. No combination or reconfiguration of previously
Platted Lots shall be permitted when additional parcels are created, except that such changes to
previously recorded and Platted subdivisions and Platted Lots of Record shall require a re -plat to be
approved by the City Commission in accordance with the same procedure, rules and regulations as for
a new Subdivision.
(d) Re -platting shall not be required when the recombination of Lots reduces Density or the number of
Lots within a Subdivision, provided that the square footage of any such combined Lot shall not be
less than five thousand (5,000) square feet and that Development of the resultant Lot complies with
all applicable provision of these Land Development Regulations.
Sec. 24-189. Vacation of Previously Recorded Subdivision Plats.
An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by a written application
to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall
require approval of the City Commission. Any future Subdivision or Re -Plat shall be approved by the
City Commission by the same procedure, rules and regulations as for a new Subdivision.
Secs. 24-190. through 24-200. Reserved.
November 26, 2001
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
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 for the purpose of recording said Plat in the Official Records of Duval County
until the Plat has been approved by the City Commission in accordance with the provisions of this
Article and signed by the Mayor of the City of Atlantic Beach. If 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, approved by the
City Commission without the consent of the City Commission. No Development Permits shall be issued
for any Land that has been subdivided, or any Lot that has been created, except in compliance with the
requirements of this Article and the Comprehensive Plan.
Sec. 24-202. Plat Review Procedure.
There are three (3) stages of review required prior to Final Subdivision Plat approval: the concept plan
review; the preliminary Plat review, and the Final Subdivision Plat approval. The Community
Development Director shall verify at each stage of review that the proposed Plat complies with the
Comprehensive Plan and Article III of this Chapter. No Subdivision application shall proceed to the next
stage of review until it is found to be consistent with the adopted Comprehensive Plan and Article III of
this Chapter. Submittal requirements for each stage of review and approval are set forth in the following
Section.
(a) Stage 1. Concept plan review. This stage allows the Applicant to discuss the concept with the
Community Development Director and other City personnel before incurring the costs of professional
services. This assistance should facilitate the preparation and review of the preliminary and Final
Subdivision Plat.
(b) Stage 2. Preliminary Plat review. This stage commences the formal review process and requires
professional 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.
(c) Stage 3. Final Plat approval. Following preliminary Plat approval, this is the final stage before
recording a Plat. The Final Subdivision Plat may be approved by the City Commission after
construction of required subdivision improvements or by providing the City Commission security that
the required improvements shall be constructed. Construction Plans must be approved, and
Development required pursuant to the Plat approval must be completed and accepted by the City
Commission before the Final Subdivision Plat is recorded unless appropriate assurances are provided
by the Applicant.
Sec. 24-203. Stage 1 Review: Concept Plan and information required for review.
(a) Required submittals.
(1) A statement by the developer describing the development proposal including: name of the
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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.
(2) A location map, drawn to scale, showing the relationship of the proposed subdivision to
surrounding development. This map may be drawn at a small scale and is preferably located on
the same sheet with the concept plan.
A concept plan drawn at a legible depicting: the width of proposed all Street Right-of-ways;
preliminary Lot layout with approximate dimensions shown; the name and Right-of-way width of
all existing Streets that abut the proposed subdivision, existing Easements on the property; soil
types as available from the soil survey, general topography as available and showing natural
features such as lakes, marshes or swamps, watercourses, flood -prone areas and other pertinent
features.
(3)
(4) Eleven (11) copies of the required submittals shall be submitted to the Community Development
Director.
(b) Review process. Upon receipt of required copies of the specified concept plan submittals, the
Community Development Director shall distribute a copy to the appropriate depai talents, official or
agency for technical review and comment. The Community Development Director shall review for
compliance with the Comprehensive Plan and these Land Development Regulations. The. concept
plan shall not be approved or denied at this stage. Community Development Director shall prepare a
written statement advising the Applicant of comments from all reviewing depal talents Plat and shall
transmit this statement to the Applicant within a reasonable period of time.
(c) Fees. The City Commission may establish fees as deemed necessary to reimburse the City for the
costs incurred in reviewing concept plans.
(d) Time limit. Comments provided during the concept plan review process shall expire within six (6)
months of the date of the statement from the Community Development Director in the event that a
preliminary Plat is not submitted to the City.
Sec. 24-204. Stage 2 review: Preliminary Plat and information required for review.
(a) Required submittals.
(1) General. Applications for formal Plat review shall be made by submitting eleven (11) copies of
the preliminary Plat to the Community Development Director. The preliminary Plat shall be
drawn at the scale of one. (1) inch equals one hundred (100) feet, designed in conformity with the
design standards established in this Article, and Florida Statutes, Chapter 177 containing the
following information:
Title block. The title or name of the proposed Subdivision 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;
ii. Legend. Date, scale of Plat, north arrow, current zoning, total number of Lots and minimum
Lot size;
November 26, 2001
iii. Legal description. A full and detailed legal description of the tract to be Platted and its
approximate acreage;
iv. Vicinity map. A vicinity map, at scale, showing the proposed subdivision in relation to the
abutting Land Uses and Streets;
v. Abutting subdivisions. All contiguous properties shall be identified by Subdivision title, Plat
book and .page or, if un -platted, the Land shall be so designated;
vi. Streets. The location, name and Right-of-way and pavement width, both on and immediately
contiguous to the subdivision tract, shall be shown;
vii. Public Open Space and Easements. Existing park lands, lakes and waterways, water bodies,
Wetlands and Environmentally Sensitive Areas within the tract to be subdivided shall. be
shown. Existing public and private Easements shall be shown on the Plat. The purpose for
the easement shall be noted;
viii. Parks and recreation dedication. Land to be dedicated per the requirements of this Article
shall be shown and approximate acreage indicated;
ix.. 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 Right-of-ways and Street names shall be noted:
Lot Lines and Lot numbers. The proposed Lot Lines, with approximate dimensions and Lot
numbers, shall be shown;
xi. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable
by the Community Development Director.
(2) Preliminary engineering drawings. Eleven (11) copies preliminary engineering drawings shall be
submitted to the Community Development Director for distribution and review by appropriate
City departments. Preliminary engineering drawings shall depict the following:
i. Water system lines and support facilities;
ii. Sewer system lines and support facilities;
iii. Stormwater and drainage facilities, easements and other features;
iv. Bulkheads;
v. Street profiles;
vi Sidewalks, bicycle paths and pedestrian paths;
vii. Excavation and fill areas.
(b) Review process. Upon completion of review by City departments and verification that the proposed
Plat is in general compliance with applicable land development regulations the proposed Subdivision
shall be placed on the agenda of the next meeting of the Community Development Board for
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November 26, 2001
consideration and recommendation. The Community Development Director shall provide to the
Community Development Board all relevant information concerning the proposed Plat including
comments from all reviewing departments, officials or agencies. The Community Development
Board shall make a recommendation to the City Commission to approve the application, deny the
application, or approve the application subject to specified changes based on a consideration of the
requirements of these Land Development Regulations, the Comprehensive Plan and other conditions
which may be unique to the Land proposed for Development.
(c) Fees. The City Commission may establish fees as 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
failed to obtained Development Permits, has not been granted an extension by the City Commission,
or received final Plat approval within twelve (12) months of preliminary Plat approval, the
preliminary Plat approval shall expire, and the Applicant must re -apply under the provisions of this
Article.
(e) Construction Plan review. Upon approval of the preliminary Plat by the City Commission and
approval of the preliminary engineering drawings by the designated Administrative Officials, final
Construction Plans may be submitted for approval. Construction Plans must be submitted to the
Community Development Director, and approved with concurrence from other reviewing
Departments prior to the issuance of a Development Permits. It shall be unlawful to construct any
improvement without a valid Development Permit.
Sec. 24-205. Stage 3: Final Plat review and information required for review.
(a) Required submittals.
(1) Final Plat review. Fifteen (15) copies of the Final Subdivision Plat shall be submitted to the
Community Development Director for approval and shall be designated in conformity with the
design standards and requirements established in this Chapter,, and in conformance with the
requirements of Chapter 177, Florida Statutes, as may be amended, and shall be in conformance
with the approved preliminary Plat. The Final Subdivision Plat shall be prepared by a surveyor
and is to be clearly and legibly drawn in black permanent drawing ink 2 mil Mylar or equal as
required for recording in the Official Records of 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 Subdivision Plat
shall be at a scale of one (1) inch equals one hundred (100) feet, and shall be in the same format
as the preliminary Plat. The Final. Subdivision 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. In addition, the following shall be included in the submission:
Title certification and real estate taxes. There shall be on the Final Subdivision Plat a
certification by a title opinion of an attorney-at-law licensed in the state or a certification by
an abstractor or a title company showing that the apparent record title to the Land as
described and shown on the Plat is in the name of the person 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 Florida Statutes, Chapter
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November 26, 2001
177.041, and a certificate from the developer's attorney, abstract company or the tax collector
that all taxes due and payable at or prior to the time the application for final approval or
acceptance is filed have been paid.
ii. Construction Plans. Construction Plans shall be submitted prior to Final Subdivision Plat
approval under the provisions of this Article.
iii. Assurance for completion. Security shall be submitted for the performance of construction,
as provided in Division 4 of this Article.
iv. Assurance for maintenance. Security shall be submitted for maintenance, meeting the
requirements of Division 4 of this Article, if a Certificate of Occupancy has been issued.
v Certificate of surveyor. A certification shall be submitted of the Plat by a professional Land
surveyor registered in the State of Florida.
vi. Dedication of improvements. All public improvements or property designated for public
purpose on any approved Final Subdivision Plat, including but not limited to, all Streets,
alleys, easements, Right-of-ways, parks and public areas, shall be expressly dedicated on the
face of the Final Subdivision Plat by the owner. In addition, the Final Subdivision 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, electrical power lines, cable
television lines, gas lines and any other public utility service lines and appurtenances located
within the tract prior to recording.
(b) Review process.
(1) Submitting for review. Fifteen (15) copies of the Final Subdivision Plat shall be submitted to the
Community Development Director with the documents specified in this Article at Ieast thirty (30)
days prior to the meeting of the City Commission at which the final Plat is to be submitted .for
review and approval or denial.
(2) Approval or denial by City Commission. Upon receipt of the information, the Community
Development Director shall schedule the Subdivision on the agenda of the City Commission and
transmit copies to appropriate City Departments, officials and agencies for technical review. The
Community Development Director shall forward all relevant information to the City Commission
for its consideration. The City Commission, after considering all comments shall approve, deny
or approve subject to specified conditions the Final Subdivision Plat for recording, based upon
compliance with the required certifications and security requirements and with the other
requirements and provisions of this Article and other applicable policies, ordinances, laws and
regulations. During the review process if substantial changes to Lot, block or Street layout sizes
occur after the preliminary review by the Community Development Board another review by that
board shall be conducted prior to submittal of the Plat to the City Commission for fmal action.
Signing, recording, and acceptance. Upon approval by the City Commission, said Final
Subdivision Plat shall be signed by the Mayor and shall be entitled to be recorded under the
applicable provisions of Chapter 177, Florida Statutes. Acceptance of the Final Subdivision Plat
shall be deemed provisional acceptance by the City of said public improvements and public areas
dedicated to the City. Final acceptance of all public improvements shall occur upon the
submission to the City Commission of a valid certificate of completion as provided for in Section
(3)
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November 26, 2001
24-235 of this Chapter. The acceptance of dedications for public purpose shall be affixed to the
face of the Plat.
(c) Fees. The City Commission may establish fees as deemed necessary to reimburse the City for the
cost incurred in reviewing Final Subdivision Plats.
Sec. 24-206. Construction Plans and Development Permits.
(a) Intent. An Applicant must obtain a single Development Permit for the construction of all approved
Subdivision improvements. The Applicant may not submit Construction Plans, as required by this
Article for Subdivision improvements, until the Final Subdivision Plat is approved and any required
Performance Bonds or other assurances are secured. The Construction Plans shall provide security
required for the performance of such construction. Once the improvements are completed, a
Certificate of Occupancy shall be issued, and a Maintenance Bond shall be submitted, as required by
this Article.
(b) Required submittals. The Applicant requesting a Development Permit under the above procedures
shall furnish to the designated Administrative Official the Construction Plans designed in accordance
with the requirements of this Article for the construction of roads, sidewalks, bikeways, drainage and
water management facilities, utilities, Lot filling and other improvements as required by this Article,
including a master drainage map and subsoil investigation report. All Construction Plans must be
designed, signed and sealed by a professional engineer who is registered in the state of Florida.
Appropriate reviewing Departments shall review Construction Plans for conformity with the design
of the approved Final Subdivision Plat, the construction specification requirements of this Article and
any other applicable State, Federal and local Land Development Regulations.
(c) Sewer and water commitment. The Applicant shall provide to the Utility Director written
confirmation that the utility has approved the plans for the sewer and/or water system in the
Subdivision.
(d) City Commission action. After the review, the Community Development Director shall furnish all the
staff recommendations and comments to the City Commission. The City Commission shall approve,
deny or approve subject to specified conditions the Construction Plans based on the requirements of
this Article.
(e) Certification of Permanent Reference Marker location. Prior to the issuance of a Development
Permit, the Applicant shall submit to the designated 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 Final Subdivision Plat as the master survey point for the Subdivision and shall be used to establish
the grade level for all improvements in the Subdivision.
(f) Issuance of a Development Permit. After .approval by the City Commission, the designated
Administrative Official shall issue a Development Permit for the construction of the required
improvements as specified in Division 3 of this Chapter and in conformity with the approved
Construction Plans, the Final Subdivision Plat and the requirements of this Article. The Development
Permit must be posted by the Applicant in a conspicuous place in the open at the construction site.
(g) Term of Development Permit and revocation. A Development Permit issued under this Section shall
o,,
(h)
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be void if construction does not commence within thirty (30) days. A Development Permit shall
expire one (1) year from the date of its issuance. The failure to complete construction of the
improvements within one (1) year shall cause the Development Permit to expire unless the City
Commission grants an extension of such Permit if good cause is demonstrated in the AppIicant's
written request for such an extension.
Unlawful to construct without a Development Permit. It shall be unlawful for any person to construct
any improvement or any part of an improvement within the tract of a Subdivision without a valid
Development Permit issued for such construction under the provisions of this Article. Any person
found guilty of violating this section by constructing an improvement or any part of an improvement
within the tract of a subdivision without a valid Development Permit shall be guilty of a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500) per day, or imprisonment for a term of
not more than sixty (60) days, or by both fine and imprisonment. Each and every day that a violation
exist shall constitute a separate offence.
Secs. 24-207. through 24-220. Reserved.
DIVISION 3. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally. •
Each Subdivision shall contain improvements designed and constructed according to the requirements and
specifications of this Article, the Comprehensive Plan, and applicable policies, regulations and ordinances
of the City and laws of the State of Florida. The following services and facilities shall be required
improvements within subdivisions:
(a) Streets designed and constructed for public Use according to the standards and requirements of this
Article;
(b) Sidewalks designed and constructed for public Use according to the standards and requirements of
this Article;
(c) Approved Street signs with block or address range numbers as provided for in Chapter 6 of this Code,
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 constructed according to the standards and
requirements of this Article. The term "drainage," where appropriate, shall include, but not be limited
to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins,
cross drains and canals;
(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 State of Florida covering the
sanitary facilities for subdivisions, the provisions of this Article or other applicable policies, laws,
ordinances and regulations;
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November 26, 2001
(f) A water system, unless an individual water supply is permitted within the tract, based upon the
required standards of the State of Florida, the provisions of this Article and other applicable policies,
laws, ordinances and regulations;
(g) Parks and recreation dedication, as specified in this Article;
(h) Electricity, telephone, gas and other utilities to shall be constructed underground as specified in this
Article and shall be designed so as to minimize obstruction of pedestrian and . vehicular traffic
circulation;
(i) Such other improvements as deemed necessary to comply with the requirements of this Article and to
protect the public health, safety and welfare because of topography or other conditions of the tract.
Sec. 24-222. Planned Unit Developments (PUDs).
For Development of a Lands as a Planned Unit Development (PUD) in accordance with the provisions of
Article III, Division 6 of this Chapter, the City Commission shall have the right to waive or vary the
design, dedication and construction requirements of a Planned Unit Development, or from any of the
provisions of this Article if the proposed final development plan is in conformance with the requirements
of Division 6 and further provided:
(a) Such waiver does not violate the purpose and intent of any requirement of this Article for the
protection of the public health, safety and welfare in the subdivision of Land;
(b) All procedures specified in this Article 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; and
(c) All exhibits, certificates and information, required in this Article for the approval of a preliminary and
final Plat and the issuance of a Certificate of Completion, are strictly adhered to under the applicable
procedure.
(d) No waiver shall may be granted to vary minimum Right-of-way and paving width requirements.
Secs. 24-223. through 24-230. Reserved.
DIVISION 4. ASSURANCE FOR COMPLETION AND
MAINTENANCE OF IMPROVEMENTS
Sec. 24-231. Commencement of construction.
Construction of the required improvements within a Subdivision may begin upon issuance of a
Development Permit. Such construction may commence after recording the Final Subdivision Plat if
Performance Bonds or other assurances are secured.
Sec. 24-232. Performance security.
November 26, 2001
(a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated
Administrative Official that the developer has complied with one of the following alternatives:
(1) 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 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 designated Administrative Official but not more frequently than monthly. A
draw from the cash deposit or account shall be made only within thirty (30) 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 designated
Administrative Official has inspected the improvements and authorized the draw. The City
Commission shall have the right to reduce the amount of any requested draw to an amount
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 the deposit or account. The City, after sixty
(60) days' written notice to the developer, shall have the right to use the 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 the improvements within the time required by the ordinance approving the
Final Subdivision Plat after any extensions granted.
(2) 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 or United States banking institution
to the City. The letter of credit shall be in the form approved by the City attorney. During the
process of construction, the City Commission may reduce the dollar amount of the personal bond
and letter of credit on the basis of work completed. The City, after sixty (60) day written notice to
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 approving
the Final Subdivision Plat or any extensions granted by the City Commission.
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 Subdivision Plat all work required will be completed in full accordance with
the Final Subdivision 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
(100) 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 (60) 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 Subdivision Plat or any extensions
by the City Commission.
(3)
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above
one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, 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
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November 26, 2001
later time as may be approved by the City Commission; provided, 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 (10) days before the maturity or expiration
date, unless a later time is approved by the City Commission.
Sec. 24-233. Maintenance security.
Where the City is requested to accept maintenance of public improvements in the subdivision, a
Maintenance Bond in the amount of one hundred (100) percent of the construction cost of the
improvements shall be filed with the City. Such 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 one year 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 Construction Plans within the one
year.
Sec. 24-234. Inspections.
(a) As the improvements are being constructed within the Subdivision, designated Administrative
Official and authorized staff or consulting engineer shall have the right to inspect the improvements.
The designated Administrative Official or authorized representative shall be specifically notified of
the commencement and completion of:
(1) Clearing and grubbing;
(2) All utilities prior to backfilling;
(3) All concrete Structures when steel is in place prior to pouring;
(4) Stabilized sub -grade;
(5) Curb and concrete work;
(6) Roadway base;
(7) Wearing surface during application.
(b) The failure to notify the designated Administrative Official or his designated representative of the
commencement and completion of the construction of the items may be good cause for the refusal to
issue a Certificate of Completion.
Sec. 24-235. Issuance of Certificate of Completion.
Upon completion of construction of the improvements, the Applicant shall provide the designated
Administrative Official the following:
November 26, 2001
(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 Article.
(c) Three (3) 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.
Upon receipt and review of the above items, and after satisfactory final inspection, a Certificate of
Completion shall be issued by the designated Administrative Official.
Secs. 24-236. through 24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
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 The requirements within this Division shall apply to all
Development, as set forth herein, including improvements within Subdivisions, Planned Unit
Developments and other Development Projects, where applicable.
(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 Article III of this
Chapter and other policies of the City Commission concerning physical development.
(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, other natural features and
Environmentally Sensitive Areas 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 the sites.
The provisions must be approved by the designated Administrative Official to assure that fill 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 the 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 Appendices M
and H of the Southern Building Code, as amended.
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November 26, 2001
(d) General construction methods. All design and construction methods shall conform to the
requirements of Chapter Six (6) and all design and construction standards referenced therein,
including, but not limited to: Florida Department of Transportation Drainage Design Manual,
Standard Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards
for Design, Construction and Maintenance of Streets and Highways.
(e) Construction Plans, in general. All Construction Plans shall include a topographic map showing not
less than one (1) foot contours of the Subdivision tract and the adjacent Land necessary to show the
area of final disposal of surface water. The Construction Plans shall also contain the following
information:
(1) A Street layout plan showing all necessary elevations, treatment of intersections, design grade of
pavement, the width and type of pavement and details showing the final disposal of all Street
drainage. Sufficient topographic information 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.
Sec. 24-252. Streets.
(a) Concept and principles. The character, width, grade and location of all Streets and bridges shall
conform to the standards of this Division 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 the Streets.
(b) Arrangement of Streets. The arrangement of Streets in a Subdivision shall:
(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 (2) 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 or other
Development project shall have approved access to a paved Street dedicated to public Use which has
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November 26, 2001
been accepted and maintained by the City unless the Lots or units are within a Planned Unit
Development, and unpaved Streets have been specifically approved within the ordinance establishing
the PUD.
(d) Reserve strips prohibited. Reserve strips controlling access to Streets shall be prohibited except
where their control is placed with 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. Minimum Street Right-of-way and paving widths shall
be as follows, unless otherwise indicated or required by law:
(i)
STREET TYPE RIGHT-OF-WAY PAVING WIDTH
Major Collector Street 84 feet 34 feet
Minor Collector Street 60 feet 24 feet
Local Street: Without curb and gutter 60 feet 20 feet
Local Street: With curb and gutter 50 feet 24 feet
Cul-de-sacs and loop Streets not exceeding 60 feet 20 feet
1500 feet in length: Without curb and gutter
With curb and gutter 50 feet 20 feet
Alley: Commercial 30 feet 12 feet
Residential 20 feet 10 feet
The developer shall be required to pave and dedicate all public Streets. 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 Development.
Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. The 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
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less than one hundred (100) feet at the property line. The City may permit a "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 Development.
(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 Building Official shall, within ten (10) days of conditional approval of the
preliminary Plat, assign or cause assignment of address numbers for all Lots. Corner Lots shall be
provided with two possible addresses. The assignment of the address shall be determined by the
facing of the Building.
Sec. 24-253. Easements.
(a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities
where necessary, and shall be at least fifteen (15) feet wide and shall extend from Street to Street.
(b) Drainage and watercourses. Where a Development is traversed by a watercourse, canal, drainage
way, non -navigable channel or stream, there shall be provided a stormwater Easement or drainage
Right-of-way conforming substantially with the lines of the watercourse, and such further width, as
will be adequate for the purpose of access for maintenance and to provide for the unrestricted flow of
the intended volume of water.
(c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and
location as may be determined by the designated Administrative Official.
(d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and
service Easements or Right-of-ways may be provided.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
Sec. 24-254. 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 convenience 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 Commission may approve blocks of greater length.
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Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall
be appropriate for the location of the Development and for the type of development and Use
proposed. Lot arrangement and design shall be such that all Lots will provide satisfactory and
desirable Building sites. In no event shall a residential Lot created after the initial effective date of
these Land Development Regulations have a width of less than seventy-five (75) feet at the Building
Restriction Line, or shall it contain less than seven thousand five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
(b)
Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for the off -Street service and parking facilities required by the type of Use and
development proposed.
(c) Residential Corner Lots. Comer 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 Development shall provide each Lot with satisfactory and permanent access to, a
public Street.
(e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be
avoided.
(f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance
with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the
recorded Plat.
Sec. 24-256.. Required Improvements and Monuments.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets,
and at intermediate 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 residential Subdivision, in no case less than two (2) such monuments and in no case more than
two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both,
properly referenced, for both construction and future City Use. The Permanent Reference
Monuments shall meet all the specifications set out in Florida Statutes, Chapter 177.091, and as may
be required by the designated Administrative Official.
(c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on
the Final Subdivision Plat. All iron pipes and pins and Permanent reference Monuments shall be of
such size, material and length as may be specified by the Administrative Official.
(d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or Permanent Reference
Monuments.
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(e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCP)
shall be set in accordance with Florida Statutes, Chapter 177.091, 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 Administrative Official may accept
a certification from the developer's surveyor that the requirements of this Division have been
satisfied.
Sec. 24-257. Clearing and Grading of Right-of-ways.
The developer shall be required to clear all Rights-of-way and to make all grades, including all grades for
Streets, alleys 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 this Section where aesthetic and environmental conditions will be enhanced. No
Right-of-ways shall be cleared prior to approval of Construction Plans.
Sec. 24-258. Sewer and Water.
New Subdivisions shall be required to connect to centralized water and sanitary sewer systems.