Ordinance No. 90-03-184 vORDINANCE NUMBER: 90-03-184
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, ENACTING AMENDMENTS TO THE 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 RE-ADOPTED BY REFERENCE AS ARTICLES I
THROUGH IV OF CHAPTER 24 OF THE CODE OF ORDINANCES, AS
PREVIOUSLY ADOPTED THROUGH ORDINANCE NUMBER 90-03-182, THIS
ORDINANCE ALSO PROVIDES 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 amended 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;
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 and policies of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 24th
day of November, 2003 at 7:15 p.m. and on the 08th day of December, 2003 at 7:15 p.m. to
hear and enact said amendments to the Articles I through IV of the 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 amended Zoning, Subdivision and Land Development
Regulations.
SECTION 2. The attached Exhibit A, Zoning, Subdivision and Land Development
Regulations (hereinafter "Land Development Regulations") is hereby incorporated in its entirety
as Chapter 24 of the City of Atlantic Beach Code of Ordinances, and enacted by reference.
Ordinance 90-03-184 Page 1 of 2
SECTION 3. Any violation occurring before the effective date of these amended Land
Development Regulations shall not be deemed voided by the enactment of this Ordinance.
SECTION 4. All provisions of any City of Atlantic Beach ordinance, resolution,
regulation or policy, which are in express conflict with these amended Land Development
Regulations, are hereby repealed to the extent of such conflict.
SECTION 5. 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 6. In the case that any section, subsection, paragraph, phrase or sentence of
this Ordinance or these amended 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 amended Land Development
Regulations.
SECTION 7. This Ordinance, and the referenced amendments to the Land
Development Regulations, shall take effect immediately upon final passage and adoption and
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 24th day of November, 2003. Passed on fi al reading and public hearing this
08th of December, 2003. ~ ~~
S ~ M1~ERVE
~Presid e Officer
App oved as to rm and correctness:
LAN C E SEN, ESQUIRE
City A ey
Attest:
MA REEN KING
City Clerk
Ordinance 90-03-184 Page 2 of 2
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 and Waivers to certain provisions of
these regulations; 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 that
are 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 Used, moved, added to or
enlarged, altered or maintained except in conformance with the provisions of this Chapter and in
conformance with the Comprehensive Plan.
Ordinance Number: 90-03-184 1 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXI~IT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-4. Amendments.
For the purpose of providing for the public health, safety and general welfare of the City of Atlantic Beach,
the City Commission may, from time to time, amend the provisions of this Chapter. Public hearings on all
proposed amendments shall be held by the City Commission or the Community Development Board in the
manner as prescribed by Florida law and as set forth within Section 24-52 of this Chapter.
Sec. 24-5. Legal Status and Consistency with the Comprehensive Plan.
Pursuant to Chapter 163.3194(1), Florida Statutes, as may be amended, 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 ar 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 or specific 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.
Ordinance Number: 90-03-184 2 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(g) The word "includes" shall not limit a team to the specified examples, but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
(h) In the event that the provisions, as set forth within this Chapter, conflict with those of any other Federal
law, Florida Statute, local ordinance, resolution or regulation, including the Comprehensive Plan for the
City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or
requirement shall govern to the extent of the conflict, and further provided that such other requirement is
not in conflict with the adopted Comprehensive Plan.
(i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any
other Federal, State or local ordinance, resolution or regulation shall mean as in effect at the time such is
applied, including all amendments made effective after the. initial effective date of these Land
Development Regulations.
Sec.24-17. Definitions.
For purposes of this Chapter, the following terms shall have the meanings as set forth within this Section.
Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code or
within Florida Statutes, as either may be amended, shall be used in conjunction with these terms and the
requirements of this Chapter.
Abandoned Vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat,
motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for Stzeet
travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current
license tags. No such vehicle shall be parked or stored openly in any Zoning District unless expressly
permitted within that Zoning District.
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 located on a Lot, not attached to the Principal Building, and
ancillary in Use to the Principal Building. Pump houses for exterior well pumps and the like not exceeding
nine (9) square feet in area and four (4) feet in height shall not be considered as Accessory Structures. Pump
houses larger than nine (9) square feet or four (4} 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 ancillary and incidental, but related to the Principal Use of the property.
Addition shall mean an extension or increase in floor area or height of a Building or Structure.
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
Ordinance Number: 90-03-184 3 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 thereto, which is not otherwise designated as a thoroughfare for general traffic.
Alteration shall mean any change in the arrangement of a Building; any work effecting the structural parts
of a Building; or any change in electrical, plumbing, heating or 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, aUse-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 appraiser.
For the purpose of determining the Appraised Value, the certified appraisal shall have been performed
within. the previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and
which does not contain any type of solid roof.
Assessed Value shall mean the value to an improvement or property as determined by the Duval County
Property Appraiser in the mannerprovided by Florida law.
Automotive Service, Minor shall mean the limited, minor or routine servicing of motor vehicles or parts,
but shall not include Heavy Automotive Repair. Facilities containing more than two (2) work bays, and
performing any type of automotive service or repair shall be defined as Heavy Automotive Repair.
Automotive Repair, Heavy 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 publicly
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
Ordinance Number: 90-03-184 4 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 may be required to be posted in the amount of one
hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of
this obligation is such that the City will be protected against any defects resulting from .faulty materials
or workmanship of the aforesaid improvements for a period of one year.
(b) Performance Bond: When required Improvements are installed after recording the Plat, surety may be
required to 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 purpose, including Structures that are accessory to such Uses,
provided such Structures are in compliance with the Florida Building Code.
Building Coverage. See Lot Coverage and Impervious Surface Area.
Building Permit shall mean any permit, which authorizes the commencement of construction in accordance
with the Construction Plans or Site Plans approved by the City under the provisions of this Chapter and other
applicable Federal, State and local regulations.
Building, Principal shall mean a Building within which is conducted the Principal Use of the Lot or
property upon which the Building is situated.
Building 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. Building Restriction Lines, which may require a greater
Building Setback than the minimum Yard Requirement of the applicable Zoning District, and which have
been recorded upon a Final Subdivision Plat approved and accepted by the City, shall be enforceable by the
City. (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.)
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Front
Figure 1
Ordinance Number: 90-03-184 5 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
Building Setback shall mean the minimum required horizontal distance between the front, rear or side
property 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.)
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Figure 2
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 either a machine or hand operated facilities, used
principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type
of repair or servicing of motor vehicles or the dispensing of automotive fuels.
Cemetery shall mean Land used or intended to be used for the burial of 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.
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 or Certificate of Completion shall mean that certificate issued by the City of
Atlantic Beach subsequent to final inspection by the Building Official verifying that all improvements have
been completed in conformance with the requirements of this Chapter, any Final Subdivision Plat, and the
approved Construction Plans and the Florida Building Code.
Certificate of Ownership shall mean an opinion of title from 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.
Ordinance Number: 90-03-184 6 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Change of Use shall mean discontinuance of an existing Use and the substitution of a different Use as
classified by these Land Development Regulations. In the case of question regarding Use, such Use shall be
determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States
Office of Management and Budget.
Child Care means the care, protection, and supervision of a child, for a period of 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 provided within private homes shall be limited to care of not more than five (5) children, unrelated to
the operator, within a single time period, and shall be licensed and operated in accordance with all applicable
requirements of the Florida Department of Children and Families and Section 24-152 of this Chapter.
Child Care Facility shall include child care centers, day nurseries, kindergartens, and any child care
arrangement, which provides child care for more than five (5) children unrelated to the operator, and which
receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or
not operated for profit. This definition shall not include Family Day Care Home.
Church shall mean a Building used for nonprofit purposes by a recognized or established religion as its
place of worship. A single residential Dwelling Unit for occupancy by the pastor or minister and their
Families may be located within the Church or on the. same property as the Church.
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 the State 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 or product, which
is customarily carried, on as a business.
Coastal Construction Control Line (CCCL) shall mean the line as determined by the Florida Department
of Environmental Protection (FDEP), and regulated under authority of the Beach and Shore Preservation
Act, Florida Statutes, Chapter 161, which is administered by the FDEP.
Code shall mean the Code of Ordinances for the City of Atlantic Beach, Florida.
Community Center shall mean a facility available for public use, which may be used for recreation
activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities.
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.
Ordinance Number: 90-03-184 7 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 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 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 Florida Statutes, Chapter 161.021.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of Land.
(S) 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 nr 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.
Ordinance Number: 90-03-184 8 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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.
(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, Site Plan, Plat or
Subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the
Use or Development of Land upon proper issuance of said Permit.
Development Project shall mean a unified Development constructed or reconstructed on contiguous Lands.
District shall mean Zoning District classifications as established by the official Zoning Map and as set forth
within Division 5 of this Chapter.
Duplex. See Dwelling, Two-family.
Dwelling Unit shall mean a single unit providing complete independent living facilities for one 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 or public agency for the Use of Land for a specific
purpose or purposes by the general public or a public agency, by a corporation or by certain person(s).
Eaves and Cornices shall mean typical projections, overhangs or extensions 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.
Ordinance Number: 90-03-184 9 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXI~BIT A -ORDINANCE NUMBER: 90-03-184
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;
(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 Use provisions of these Land Development Regulations,
which may be granted in accordance with the express provisions of Section 24-63 of this Chapter.
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 and minor children under the age of eighteen
(18). Persons living and cooking together in a domestic relationship and as an integrated single
housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a
Family, provided that such alternative definition of Family shall not exceed two (2) persons. The term
Family shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types
of institutional living arrangements.
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 Day Care Home registered and
licensed with the Department of Children and Family Services shall constitute a permitted residential Use
and shall not require approval of aUse-by-Exception.
Fence shall mean any horizontal Structure constructed of wood, vinyl, lattice, masonry, wire, metal or
similar materials for the purpose of enclosing, screening or separating Land. Open frames, open trellises, or
similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be
construed as a Fence.
Flood 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.
Ordinance Number: 90-03-184 10 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 Future Land Use map, as may be amended.
Garage Apartment shall mean a Dwelling Unit 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 a detached residential Accessory Structure or a portion of the Principal Building
used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and
personal property belonging to the occupants of the Principal Building. A Private Garage may contain
sleeping quarters, electrical service and plumbing, but shall not contain a Kitchen and shall not be converted
to or used as a Dwelling Unit. No Home Occupation shall be conducted with a Private Garage, unless
approved in accordance with the provisions of Section 24-159. A carport shall be considered as a Private
Garage. (See Section 24-151 (b) (1) iv.)
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. Public Garages shall be permitted only within commercial
and industrial Zoning Districts.
Garage Sale shall mean a temporary event for 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 are converted to private ownership, shall comply with the
requirements of the particular 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 Building 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
Ordinance Number: 90-03-184 11 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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. 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.
Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent and
temporary occupancy by anon-paying guest or family member of the occupant of the primary residence. A
Guest House or Guest Quarters shall not be converted to or used as a permanent Dwelling Unit, shall not be
rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined
herein.
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 residential 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
business or 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, or the use of any 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 or similar Institutional Use.
Ordinance Number: 90-03-184 12 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
Hotel, Motel, Motor Lodge, Resort Rental, Bed and Breakfast or Tourist Court shall mean a Building,
or portion of a Building, containing individual guest rooms or guest accommodations for which rental fees
are charged for daily or weekly lodging. This definition shall not include private homes leased for periods
exceeding ninety (90) days.
House Trailer. See Mobile Home.
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, pazking
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 the ground shall not be
considered impervious provided that the ground surface beneath the decking is not impervious. Pervious
azeas 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 azeas. 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. Surfaces using pervious
concrete or other similar open grid paving systems shall be calculated as fifty percent (50%) Impervious
Surface, provided that no barrier to natural percolation of water shall be installed beneath such material.
Improvements shall include, but not be limited to street pavements, curbs and gutters, sidewalks, alley
pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street
names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control
Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these
Land Development Regulations.
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, assisted living facilities, and nursing or convalescent homes.
Junk Yard. See Salvage Yard.
Kennel, Pet shall mean facilities for the keeping of any pet or pets, regazdless of number, for sale or for
breeding, boazding or treatment purposes. This shall not include, Veterinary Clinics, animal grooming
parlors or pet shops.
Kitchen shall mean an area of a Building permanently equipped for food storage, preparation, or cooking.
Kitchenette shall mean an area within a Building containing limited Kitchen facilities such as a bar sink,
microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and includes any Improvements
or Structures customarily regarded as part of the Land.
Land Development Regulations as used within this Code, 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
Ordinance Number: 90-03-184 13 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 noncommercial 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, 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. Live Entertainment, as used within these Land Development Regulations, shall
not include adult entertainment establishments as defined by Chapter 847.001 (2), Florida Statutes.
Loading Space shall mean a space within the main Building or on the same property, 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 within this Chapter
and having its required 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 comer
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 of the Lot. The exterior Lot Line
of the longest side of the Lot abutting the Street shall be considered as a side of the Lot and shall have a
minimum Required Side Yard of fifteen (15) feet. The opposite side Yard and the rear Yard shall conform to
the minimum Yard requirements of the Zoning District in which the property is located.
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.
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.
Ordinance Number: 90-03-184 14 Initial Effective Date: January O1, 2002
with amendments through December 08, .2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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. No business activity shall be conducted
within Mini-warehouses.
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 or professional
services.
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 defmition 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), as may be amended.
Ordinance Number: 90-03-184 15 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Parking Lot shall mean an area used exclusively for the temporary parking of motor vehicles, whether or
not a fee is charged. (See Section 24-161.)
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 to the requirements of Section 24-161.
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.
Permitted Use shall mean the Uses and activities that are allowed within a particular Zoning District as
described within Division 5 of this Chapter. In the case of question regarding a typical or similar Use, such
Use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the
United States Office of Management and Budget.
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 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.
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
Ordinance Number: 90-03-184 16 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Comprehensive Plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes.
Principal Building shall mean shall mean a Building within which is conducted the main or Principal Use of
the Lot or property upon which the Building is situated.
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.
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 as a travel trailer by the manufacturer of 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 covered with awater-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, sidewalk, or other such strip of
Land reserved for a 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, dis-assembled 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 from manufacturing operations or for any type of Automotive Repair.
Ordinance Number: 90-03-184 17 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 bamer 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 appeazance.
All screening shall be maintained in good condition. Where appropriate, a landscaped berm maybe 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 Minor Automotive Service, but not Heavy Automotive Repair.
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 the Shopping Center serves.
Site Plan, shall mean the surveys, maps or drawings depicting the specific location and design of
Improvements proposed to be installed or constructed in accordance with the requirements of this Chapter.
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 identification, description, illustration, or device illuminated or non-illuminated, which
is visible from any outdoor place, open to the public and which directs attention to a product, service, place,
activity, person, institution, or business thereof, including any permanently installed or situated merchandise;
or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information,
with the exception of customary window displays, official public notices and court markers required by
Federal, State or local regulations; also excepting, newspapers, leaflets and
books intended for individual distribution to members of the public, attire
that is being worn, badges, and similar personal geaz. Sign shall also include
all outdoor advertising displays as described within Section 3108.1.1, Florida
Building Code, and all Signs shall conform to the requirements of Section
3108 of the Florida Building Code.
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.
Ordinance Number: 90-03-184
_~
~I.ot Lines
vI
>.
WI
d
jj Sight Triangle
:~
Street Right-of--Way Line
3
18 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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.
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, Local shall mean a part of the roadway system providing primarily access to residential driveways
and circulation within residential neighborhoods.
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 a Street that is privately owned and maintained, and where a properly recorded
private Easement has been 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.
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, placed, or erected, which is thirty (30) inches or
more in height, including modular, manufactured and mobile homes, storage tanks, or other manmade
facilities and infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines,
but excluding fences not over six (6) feet in height and landscape features that do not contain a solid or
screened roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed with a
connected solid roof structure shall be considered as a single Structure.
Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include
establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to
water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously
recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the
context, Subdivision also relates to the process developing Land.
Swimming Pool shall mean any constructed pool used for swimming.
Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the
general public.
Ordinance Number: 90-03-184 19 Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife
Conservation Commission, Florida Department of Agriculture and Consumer Services, and U.S. Fish and
Wildlife Service.
Townhouse shall mean a residential Dwelling Unit constructed in a group of two or more attached units
with ownership lines separating each Dwelling Unit through a common wall(s) and where ownership of
each Dwelling Unit is held in fee-simple title for property as defined by a metes and bounds or other valid
legal description. Development of Townhouses, or conversion to Townhouses, shall be allowed only in
compliance with Florida Building Codes related to adequate firewall separation. Further, development of
Townhouses, or conversion to Townhouses, shall be allowed only in compliance with the applicable
residential Density as established by the Comprehensive Plan, and in accordance with Section 24-87 and
Article IV of this Chapter as well as applicable provisions of 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.
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 within these Land Development Regulations, Use shall mean the lawful purpose
for which Land or water, or a Structure thereon, is designated.
Used, as applied to any Land or Structure, shall include the words "intended," "arranged," "designed to
be used for" or "occupied by."
Variance. A Variance shall mean relief granted from certain terms of this Chapter. The relief granted
shall be only to the extent as expressly allowed by this Chapter and may be either an allowable exemption
from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any
relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this Chapter, and
such relief may be subject to conditions as set forth by the City of Atlantic Beach.
Vehicular Use Area (VITA) 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.
Waiver shall mean a limited deviation from a specific provision(s) of this Chapter, when it is
demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public
interest, or a practical impossibility. A Waiver from these Land Development Regulations may be
approved by the City Commission upon showing of good cause, and upon evidence that an alternative to
a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of
these Land Development Regulations. In considering any request for a Waiver from these Land
Development Regulations, the City Commission may require such conditions as appropriate to ensure that
the general intent and spirit of these Land Development Regulations are enforced. A Waiver shall not
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EXI~BIT A -ORDINANCE NUMBER: 90-03-184
modify any requirement or term customarily considered as a Variance or any requirement or term
prohibited as a Variance.
Wetlands shall mean those areas that are inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support vegetation typically adapted for life in 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 area 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 for 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.)
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,
Building Setback and Corner Lot.)
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 III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 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 and the Land Development
Regulations aze also included herein.
Secs. 24-32. through 24-45. Reserved.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002.
21 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE 1VTTMBER: 90-03-184
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
Developments (PUDs) in accordance with the requirements of this Chapter after holding required
public hearings and after considering a written recommendation from the Community Development
Board.
(d) To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land
Development Regulations when it is demonstrated that compliance with such provision(s) would be
unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these
Land Development Regulations may be approved only upon showing of good cause, and upon
evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which
conforms to the general intent and spirit of these Land Development Regulations. In considering any
request for a Waiver from these Land Development Regulations, the City Commission may require
conditions as appropriate to ensure that the intent of these Land Development Regulations is
enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance
or any requirement or term prohibited as a Variance, and shall be considered only in cases where
alternative administrative procedures are not set for the within the City Code of Ordinances.
(e) To establish .fees to related to the administrative costs of carrying out the requirements of this
Chapter.
(f) 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.
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(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 certain 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 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.
Such minor Variances shall be granted only one time for any particular requirement on a single
property.
(i) To post signs and provide for proper published notice of zoning requests in accordance with Section
24-52, and to forward appropriate agenda information to be considered at the regular scheduled
meetings of the Community Development. Board to members at least seven (7) days prior to the
meeting date.
(j) 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, as maybe amended.
(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 Boazd, where the recommendations are called for by this Chapter.
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(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. or
administrative decision made by the Community Development Director in the enforcement of this
.Chapter or other provision of the Code of Ordinances regulating the Use and Development of Land.
(b) To approve or deny Variances in accordance with the provisions of Section 24-64. Applications for a
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,
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 aUse-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.
(f) The Nonconforming Use of adjacent or neighboring Lands, Structures or Buildings shall not be
considered as justification for the approval of a Variance.
(g) 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.
(h) Rulings and decisions of the Community Development Board shall become immediately effective,
unless otherwise ordered by the Board.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-50. Appeals.
Appeals of administrative decisions made by the Community Development Director and appeals of fmal
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, 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 Ciry Commission a petition, duly
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 maybe 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) Determination 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
information as 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.
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EXI~BIT A -ORDINANCE NUMBER: 90-03-184
(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.
Sec. 24-52. Notice of Public Hearings.
In addition to the applicable requirements of Section 166.041, Florida Statutes, related to the notice of
public hearings for the adoption of ordinances and resolutions, and amendments to these Land
Development Regulations, the following notice requirements shall be met. The. following shall be
considered as minimum notice requirements.
(a) Mailed_Notice. Not less than fifteen (15) days prior to the public hearing at which any application for
a change in Zoning District classification, which has been initiated by any party other than the City of
Atlantic Beach, the owners within three hundred (300) feet of all boundaries of the property sought to
be rezoned shall be notified in writing. For the purpose of mailed notices to adjoining owners, the
names, addresses, and legal descriptions shall be provided by the Applicant and shall be those listed
on the most recent certified tax roll of Duval County.
(b) .Published Notice. Not less than fifteen (15) days prior to the public hearing at which fmal action on
any application for a change in Zoning District classification, which has been initiated by any party
other than the City of Atlantic Beach, an advertisement including the subject, date, time and location
of the public hearing shall be published once in a local newspaper of general circulation.
(c) Sign to be posted. Not less than seven (7) days prior to the public hearing at which final action on
any application for a Variance, Use-by-Exception, or change in Zoning District classification or other
action requiring notice to the general public, a Sign identifying the application, including date, time
and location of the public hearing shall be posted on the subject parcel. Such Sign shall be erected in
full view of the public street. Where the property that is subject of the application does not have
frontage on a public street, the Sign shall be erected on the nearest public Right-of--Way.
(d) Comprehensive Plan amendments. Notice of public hearings related to amendments to the adopted.
Comprehensive Plan shall be made in accordance with Section 163.3184 (15), Florida Statutes.
(e) For applications and requests made to the Community Development Board or the City Commission,
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EX~IIBIT A -ORDINANCE NUMBER: 90-03-184
which are not specifically addressed in this Section, but where in the determination of the City
Manager, the subject at issue is of legitimate public concern, reasonable notice to the public shall be
provided in the form as determined appropriate by the City Manager.
Secs. 24-53. through 24-60. Reserved.
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment and repeal.
(a) The City Commission may from time to time amend, supplement 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
i. If joint and several ownership, a written consent, to the rezoning petition, by all owners of
record; or
ii. If a contract purchase, acopy of the purchase contract and written consent of the
.seller/owner; or
iii. If an authorized agent, acopy of the agency agreement or written consent of the
principal/owner; or
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EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
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.
vi. A complete list of all property owners, mailing addresses and legal descriptions for all
property within three hundred (300) feet of the .subject pazcel 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 Boazd, 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. The written 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 fmding that the requested change in zoning is consistent with the Comprehensive Plan.
(3) Submit such fmdings 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 Boazd.
(d) The City Commission shall review the recommendations made by the Community Development
Boazd and hold a public hearing, with notice as set forth within Section 24-52, to consider the request.
(e) 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 aUse-by-Exception. AUse-by-Exception may be
approved only for those Uses and activities, which are expressly identified as a possible Use-by-
Exception within a particular Zoning District.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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.
(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 particulazly 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 available meeting of the Community Development Boazd, 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 fmdings of fact, upon which the recommendation to approve or deny
has been based.
(d) The review of any application for aUse-by-Exception shall consider each of the following.
(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, glaze 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.)
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EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
(8) Required Yards and other Open Space.
(9) General compatibility with adjacent properties and other property in the surrounding Zoning
District as well as consistency with applicable provisions of the Comprehensive Plan.
(10) For those properties within the Commercial Corridors, consistency with the intent of Section 24-
171, Commercial Corridor Development Standards.
(e) The City Commission shall conduct a public hearing, after required public notice, to consider the
application for Use-by-Exception and the Community Development Board's report and
recommendation thereon, as well as comments of 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 land use and planning 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 teems 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 Use-by-Exception subject to suspension or revocation by the City Commission.
(h) The City Commission may suspend or revoke aUse-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 aUse-by-Exception is denied, the City Commission 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 aUse-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. Variances.
A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained
from the Community Development Department. A Variance shall not reduce minimum Lot Area,
minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface
Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted
Uses or any Use terms of a property.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(a) Application. A request for a Variance shall be submitted on an application form as provided by the
City and shall contain each of the following.
(1) a complete legal description of the property for which the Variance is requested.
(2) a reasonable statement describing the reasons for the Variance.
(3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the Lot.
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization
by the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before
the Community Development .Board following required public notice. At the public hearing, the
applicant may appear in person or may be represented by an authorized agent.
(c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development
Board, in its discretion, determines that the granting of the requested Variance shall have a materially
adverse impact upon one or more of the following.
(1) light and air to adjacent properties.
(2) congestion of Streets.
(3') public safety, including risk of fire, flood, crime or other threats to public safety.
(4) established property values.
(5) the aesthetic environment of the community.
(6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife
habitat, Protected Trees, or other significant environmental resources.
(7) the general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, .for relief from, financial
circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community
Development Board, for the following reasons.
(1) exceptional topographic conditions of or near the property.
(2) surrounding conditions or circumstances impacting the property disparately from nearby
properties.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(3) exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) irregular shape of the property warranting special consideration.
(6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable
Use of the property.
(e) Approval of a Variance. To approve an application for a Variance, the Community Development
Board shall fmd that the request is in accordance with the preceding terms and provisions of this
Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this
Chapter.
(f) Approval of Lesser Variances. The Community Development Board shall have the authority to
approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord
with the terms and provisions of this Section and with the Purpose and Intent of this Chapter.
(g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings
shall riot be grounds for approval of a Variance.
(h) Waiting period for re-submittal. Tf 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 accepted for 365 days from the date of denial.
(i) Time period to implement Variance. Unless otherwise stipulated by the Community Development
Board, the work to be performed pursuant. to a Variance shall begin within six (6) months from the
date of approval of the Variance. The Community Development Director, upon finding of good
cause; may authorize a one time extension not to exceed an additional six (6) months, beyond which
time the Variance shall become null and void.
(j) A Variance, which involves the Development of Land, shall be transferable and shall run with the
title to the Property unless otherwise stipulated by the Community Development Board.
Sec. 24-65. Development, Construction and Storage 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 only as a construction shed and tool
house for contractors and construction workers on the site and limited to the time period of
construction. 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 in the absence of a valid,
unexpired Building Permit.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
32 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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) Temporary Storage Structures and Uses. Enclosed portable Structures and accommodations intended
only for temporary storage may be used following registration with the City on a form provided by
the Planning and Zoning Department, payment of the required fee, and subject to the following
provisions.
(1) Within all residential Zoning Districts, enclosed portable Structures and accommodations
intended only for the temporary storage of personal household belongings of occupants of the
property may be placed on the property for a period not to exceed four (4) days or ninety-six (96)
hours. Registration shall be required for each such use of any temporary storage Structures.
(2) In the event of damage to a residential Dwelling by fire, stoml, flood, or other such property loss,
this period of time may be extended to ten (10) days upon request to and written approval of the
City Manager.
(3) Within all non-residential Zoning Districts, enclosed portable Structures and accommodations
intended only for storage, may be used for temporary storage of items related to the business
located on the property, for a period not to exceed thirty (30) days. Such Structures shall not be
located within Required Front Yards and shall not be used to store any chemical, hazardous,
flammable or combustible materials.
(c) All Structures. All temporary and portable storage Structures, Construction Trailers and the like,
shall be constructed, altered, repaired, enlarged, placed, 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, where
required, verifying such compliance shall be administered by the Building Official.
Sec. 24-66. Stormwater, Drainage, Storage and Treatment Requirements.
(a) Topography and Grading. 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 stoimwater (See section 22-303, definitions: Stormwater Management System), or a City
drainage structure after meeting on-site storage requirements, as listed within this Section. The City
shall be provided with apre-construction topographical survey prior to the issuance of a Development
Permit and apost-construction topographical survey prior to the issuance of a Certificate of
Occupancy. Said 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 determined to be
unnecessary.
(b) On-Site Storage: The Applicant shall be required to provide on-site storage, such that there is no
increase in the rate or volume of flow to off-site, from every developed or redeveloped Parcel, and
provide documentations and calculations to demonstrate compliance. Development Projects
previously permitted by the St. Johns River Water Management District (SJRWMD), which have an
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
in-compliance retention or detention system that collects and controls run-off, are exempt. The
requirement for on-site storage may be waived by the Director of Public Works if storage is
determined to be unnecessary or unattainable.
Volume calculations for Lots that require on-site storage should be based on the difference in run-off
volume generated by the new impervious area ("delta volume") and would be calculated by:
V=CAR/12, where
V =volume of storage in cubic feet,
A =area of the lot. in square feet,
R = 25 year and 24 hour rainfall depth (9.3 inches) over the lot area, and
C =run-off coefficient, which is 0.6 for the 50% maximum imperviousness, 0.4 for 25%
imperviousness, and 0.2 for 0% imperviousness.
This delta volume (post V minus pre V in cubic feet) must be stored at least 1 foot above the wet
season water table and below the overflow point to off-site (in many cases this may be the adjacent
road elevation). As an option, and as approved by the Director of Public Works, the owner of the
parcel to be developed or redeveloped may implement, at the applicant's cost, off-site storage and
necessary conveyance to control existing flood stages off-site.
(c) Flood Plain Storage: There shall be no net loss of storage for areas in the 100-year floodplain, where
a floodplain elevation has been defined by either the Federal Emergency Management Agency
(FEMA) on Flood Insurance Rate Maps (FIltMs), the 1995 Stormwater Master Plan, the Core City
project,. or the 2002 Stormwater Master Plan Update (e.g., Hopkins Creek). Site grading shall create
storage on-site to mitigate for filling of volume on-site. This storage is in addition to the storage
required for the increase in Impervious Surface Area.
(d) Stormwater Treatment: Stormwater treatment shall be provided for a volume equivalent to either
retention or detention with filtration, of the run-off from the first one (1) inch of rainfall; or as an
option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half (~/Z)
inch of run-off pursuant to Chapter 62-25, Florida Administrative Code (FAC). No discharge from
any stormwater facility shall cause or contribute to a violation of water quality standards as provided
in Section 62.302 of the Florida Administrative Code. This treatment volume can be included as part
of the on-site storage requirement in item d (2) of this Section.
(e) NPDES Requirements: All construction activities shall be in conformance with the City's National
Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the
Water Management District and the Florida Department of Environmental Protection. NPDES
requirements include use of Best Management Practices (BMPs) prior to discharge into natural or
artificial drainage systems. Beginning May 1, 2003, all construction projects of one acre or more will
require a NPDES permit.
(f) Enforcement: Subsequent to approval of a property owner's final grading, including on-site and/or
flood plain storage and stormwater treatment, the improvements shall be maintained by the property
owner. Failure to maintain the improvements will require restoration upon notification by the
Director of Public Works, within a stipulated time frame. If restoration is not timely completed, the
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
34 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
City shall have the right to complete the restoration, and the City's actual cost incurred, together with
a charge of 100% of said costs to cover the City's administrative expenses, shall be charged to the
owner.
Sec. 24-67. Development Review and Issuance of Development Permits.
(a) Purpose. The purpose of this Section shall be to establish procedures for the submittal, review and
approval of Construction Plans, and the issuance of Development Permits.
(b) Procedures. Plans prepared according to the requirements set forth within this Section shall be
submitted to the Building Department for distribution, review and comment from appropriate
departments of the City. Plans may be denied if they do not meet the intent or the requirements of
this Section and this Chapter or the Florida Building Code.
(c) Site Plan required. A Site Plan, drawn at a clear and legible scale, shall be required for all new
Development, other than interior renovations, in accordance with the following provisions:
(1) Single-family, Two-family (Duplex) or Townhouse and Structural Alterations or additions
thereto, including Swimming Pools and Accessory Structures. A Certified Survey and Site Plan
accompanied by the required application form and review fee as established by the City
Commission shall be submitted to the Building Department. 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
buffers or significant environmental features.
v. Apre-construction topographical survey, pursuant to Section 24-66, unless waived in
accordance with the provisions therein.
(2) Multi-Family, Commercial. and Industrial Uses and Structural Alterations or additions thereto. A
Certified Survey and preliminary Site Plan accompanied by the required application form and
review fee as established by the City Commission shall be submitted the Building Department.
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 apre-construction topographical survey, pursuant to
Section 24-66 (a), unless waived in accordance with the provisions therein.
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35 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 azea; building squaze
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) Approval of Site Plans. Upon approval of the preliminary Site Plan, an application for a
Development Permit may be submitted to the Building Department for distribution and review by the
appropriate City Departments. The application shall be accompanied by all required information
including Construction Plans that 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.
(e) Expiration of Approved of Construction Plans. Approved Construction Plans shall be claimed within
ninety (90) days of notice of approval, or said Plans shall be considered to have expired. Upon
expiration, a new submittal and review with applicable fees. shall be required.
(f) Expiration of Development Permits. Development Permits shall expire on the six (6) month
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.
Sec. 24-69. Fees.
Pursuant to Section 24-46 (e), the City Commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to the
City at the time such application or request is filed. Applications for planning and zoning related requests
shall not be considered as complete applications until such time as required fees have been paid in full.
(1) Appeals
(2) Determinations of vested rights
(3) Change in Zoning District Classification
(4) Use-by-Exception
(5) Variance
(6) Development Review
a. Single and Two-family Uses
b. Multi-family Uses, per Dwelling Unit
c. Commercial and Industrial Uses
d. Public and Institutional Uses
e. Landscape Plan
(7) Subdivision.
a. Application for Waiver
b. Application for Re-plat
$ 50.00
$ 50.00
$500.00
$250.00
$150.00
$ 50.00
$100.00
$300.00
$300.00
$100.00
$250.00
$250.00
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
36 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
c. Concept Plan Review $150.00
d. Preliminary Plat Review $250.00
e. Final Plat Approval (plus recording fees) $100.00
(8) Comprehensive Plan Amendment
a. Less than ten (10) acres $250.00
b. Greater than ten (10) acres. $250.00
(9) Zoning, Subdivision and Land Development Regulations $ 15.00
(10) Comprehensive Plan document $ 15.00
(11) Zoning and Comprehensive Plan maps (each) $ 5.00
Secs. 24-70. 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 placed or erected, and no existing Building shall be moved,
altered, added to or enlarged, nor shall any Land, Building, Structure or premises be used, designed or
intended to be used for any purpose or in any manner other than a Use designated in this 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.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(b) Number of Buildings allowed on aSingle-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 Height of Building 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 Height of
Building 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. No Structure or property shall be developed or used so as to provide a greater Density than
is allowed under the terms of the Comprehensive Plan or the limitations 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) Principal 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 and shall
not apply to Two-family Dwellings, Townhouses or condominiums when constructed as part of single
Development Project with a unified design theme. 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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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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) squaze 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 azea.
(4) Apartment 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 azea.
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 (15.0) square feet of enclosed living per
additional room.
(k) Flood protection. All Lots and Building sites shall be developed such that Habitable Space is
constructed at a minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea
Level. Flood protection provisions shall be approved by the designated Administrative Official to
ensure that .grade changes will not alter the natural drainage or adversely affect other areas
downstream through added runoff or adverse impacts to water quality.
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 Yazd 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 open balconies and
porches may project a distance not to exceed forty-eight (48) inches into Required Front and Rear
Yards. Such balconies and porches may be covered, but shall not be enclosed in any manner, except
that balconies and porches within Rear Yards may be enclosed with screening only. Eaves and
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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,
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.
(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.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
40 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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 aSingle-family
Residential Lot or a combination of such Lots unless the total Lot Area proposed for
Development complies with the regulations as set forth within this Chapter and with the Density
limitations as set forth within 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 pazcel 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 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 be reconstructed except in
compliance with the provisions of this Chapter, or alternatively, 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 public Right-of--way shall not be
rebuilt, enlazged, 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.
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41 with Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
(2) Relocation or expansion 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, nor shall a Nonconforming Use be expanded or enlarged.
(3) Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of .Land is
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 within 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 within the Comprehensive Plan, unless otherwise
determined to be a Vested Development in accordance with the terms of this Chapter. Within areas
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
42 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
designated by the Comprehensive Plan for High Density residential Development, a minimum Lot
Area of 2175 square feet shall be required for each Dwelling Unit. For areas designated as Medium
Density, a minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and
within areas designated by the Comprehensive Plan as Low Density, a minimum Lot Area of 7250
square feet for each Dwelling Unit shall be required.
(b) Two-family and Townhouse Dwelling Units shall be separated by a firewall which shall meet the
Florida Building Code firewall separation requirements for Multi-family construction.
(c) Dwelling Units separated by an open and uncovered breezeway, elevated open walkway, or similar
type connection, shall not be considered as Two-family Dwellings or Townhouses, and shall be
required to meet regulations applicable to Single-family Dwellings. Dwelling Units attached by any
type of solid, continuous or connected roof, however, shall be considered as aTwo-family Dwelling
or a Townhouse and shall be permitted only within those Zoning Districts where Two-family
Dwellings and Townhouses are permitted and in accordance with .applicable Density limitations.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same
architectural style, colors and materials.
(e) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same
time or in a continuous sequence unless an existing Structure is being renovated within the same
Building footprint.
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 maybe 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.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
43 with Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
(g) Any existing Structure containing a Private Garage and Garage Apartment that is encroaching into the
public Right-of--way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroachment is removed from the Right-of--way. A Private Garage and Garage Apartment, which
does not encroach into the Street Right-of--way, may be rebuilt, remodeled or structurally altered
within the existing footprint, or in compliance with applicable minimum Yard Requirements,
provided that the maximum Height of Building shall not be exceeded and subject to applicable
.permitting requirements.
(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.
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, including:
(1) Permitted Uses.
(2) Uses-by-Exception.
(3) Minimum Lot Size.
(4) Minimum Yard Requirements.
(5) Building Restrictions.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
44 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-102. Zoning Districts Established.
The corporate area of the City of Atlantic Beach is hereby divided into Zoning Districts as follows.
Zonin District Classification Abbreviation
Conservation CON
Residential, Sin le-famil RS-1
Residential, Sin le-famil RS-2
Residential General, Two-famil RG-1
Residential General, Two-famil RG-lA
Residential General, Multi-famil RG-2
Residential General, Multi-famil RG-3
Residential Mobile Home RMH
Commercial, Professional and Office CPO
Commercial, Limited CL
Commercial, General CG
Industrial, Li ht and Warehousin ILW
S ecial P ose SP
Central Business District CBD
Sec. 24-103. Conservation Districts. (COl~
(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
within the Conservation Districts must be approved as aUse-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 aUse-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, watersheds, water reservoirs.
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45 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(4) Parks, and other similar passive recreational Uses.
(5) Municipal government Buildings and facilities.
(6) Single-family residential at a maximum Density of one Dwelling Unit per acre.
(d) Minimum Lot Size. There is no established minimum Lot Area, Width or Depth requirement 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) Buffers required from Wetlands. An undisturbed buffer, which is a minimum width of twenty-five
(25) feet, shall be maintained between Development and delineated Wetlands. In .cases where the
minimum twenty-five (25) foot undisturbed buffer is demonstrated to be unreasonable or impractical,
an averaged twenty-five (25) foot undisturbed buffer may be provided.
(g) Building Restrictions. Subject to Development authorized pursuant to aUse-by-Exception, Building
restrictions in the Conservation Districts shall be as follows.
(1) Maximum Impervious Surface: Twenty-five (25) percent.
(2) Maximum Building Height: Twenty-five (25) 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 within the adopted Comprehensive Plan
for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RS-1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses-by-Exception. Within the RS-1 Zoning Districts, the following Uses-by-Exception may be
permitted.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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 Size. The minimum size for Lots within the RS-1 Zoning Districts, which aze created
after the initial effective date of these Land Development Regulations, shall be as follows.
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
Existing legally established Lots of Record may exist, which do not meet the above requirements.
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January O1, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(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) Reaz Yard: Twenty (20) feet.
(3) Side Yazd: Seven and one-half (7.5) feet.
(f) Building Restrictions. Building restrictions within the RS-1 Zoning Districts shall be as follows.
(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 aze intended to apply to predominately developed areas of Single-
family Dwellings with platted Lots that aze smaller than those in the RS-1 Zoning District. All
Development of Land and Parcels within the RS-2 Zoning Districts shall comply with the residential
Density limitations as set forth within the adopted Comprehensive Plan for the City of Atlantic
Beach, as-may be amended.
(b) Permitted Uses. The Uses permitted within the RS-2 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses-by-Exception. Within 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 Size. The minimum size for Lots within the RS-2 Zoning Districts, which are created
after the initial effective date of these Land Development Regulations, 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.
Existing legally established Lots of Record may exist, which do not meet the above requirements;
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January O1, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard requirements within the RS-2 Zoning Districts
shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Combined 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 within the RS-2 Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002,
48 .with Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-106. Residential General, Two-family Districts. (RGl and RG1A).
(a) Intent. The RG-1 and RG-lA Zoning Districts aze intended for Development of low and medium
Density Single-family and Two-family residential azeas. All Development of Land and Pazcels
within the RG-1 and RG-lA Zoning Districts shall comply with the residential Density limitations as
set forth within the adopted Comprehensive Plan for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RG-1 and RG-lA Zoning Districts shall be 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 Uses, Buildings and facilities.
(6) Family Day Care Homes and Group Care Homes.
(c) Uses-by-Exception. The following Uses may be approved as aUse-by-Exception within the RG-1
and RG-lA Zoning Districts.
(1) Child Caze 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 Size. The minimum size for Lots within the RG-1 and RG-lA Zoning Districts,
which aze created after the initial effective date of these Land Development Regulations, shall be as
follows.
(1) Lot Size in the RG-1 and RG-1 A 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: 5000 square feet
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49 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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-lA 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-lA Zoning Districts: One hundred (100) feet.
Existing legally established Lots of Record may exist, which do not meet the. above requirements,
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January Ol, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard Requirement within the RG-1 and the RG-1 A
Zoning Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Combined 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-lA 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 RG3)
(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 within the
adopted Comprehensive Plan for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted RG-2 and RG-3 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXI~BIT A -ORDINANCE NUMBER: 90-03-184
(2) Two-family (duplex) Dwellings.
(3) Townhouses, subject to compliance with Article IV, 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 aUse-by-Exception within 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.
(d) Minimum Lot Size. The minimum size for Lots within the RG-2 and RG-3 Zoning Districts which
are created after the initial effective date of these Land Development Regulations, 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: 5000 square feet
iii. Multi-family Dwellings: Minimum 5000 square feet, with maximum number of Dwelling
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:
Existing legally established Lots of Record may exist, which do not meet the above requirements,
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January O1, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
51 with Amendments through December 08, 2003
EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
(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: Combined 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 within the adopted
Comprehensive Plan for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RMH Zoning Districts aze 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 Pazk having a minimum of seventy-five (75) Lots or spaces.
(2) Government Uses, Buildings and facilities.
(d) Minimum Lot Size. The minimum size for Lots within 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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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(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 within 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 with design standards, which may make such Uses compatible to residential
Zoning Districts.
(b) Permitted Uses. The Uses permitted within 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, stockbroker and similar Uses.
(4) Single-family Dwelling Units.
(5) Child Care Centers, in accordance with Section 24-152.
(c) Limitations. All Uses within the CPO Zoning Districts shall be subject to the following standards.
(1) No outside retail sales, display or storage of merchandise shall be permitted in accordance with
Section 24-154.
(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 within 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,
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
bookkeeping machines shall be used in association with any Use located within the CPO Zoning
Districts.
(4) Uses shall not include establishments for Live Entertainment or Adult Entertainment
Establishments, outdoor .entertainment such as putt-putt golf and driving ranges, skateboard
facilities, firing ranges, amusement centers and video game azcades and any type of token or
coin-operated video or arcade games, movie theaters, billiazd and pool halls.
(d) Uses-by-Exception. Within 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) 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.
(e) .Minimum Lot or Site Requirements. The size for Lots within the CPO Zoning Districts shall be as
follows.
(1) Lot or site azea: 7,500 square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum Yard Requirements. The minimum Yard Requirements within the CPO Zoning Districts
- shall be as follows.
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building Restrictions. The Building restrictions within the CPO Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall
not apply to infill Development or redevelopment of previously developed sites; however,
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
required landscaping shall be provided in accordance with Division 8 of this Chapter.
Stormwater .management requirements shall apply to infill Development and to redevelopment
projects involving exterior site changes.
(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
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.
Uses shall also not include establishments for Live Entertainment, or Adult Entertainment
Establishments, outdoor entertainment such as putt-putt golf and driving ranges, skateboard facilities,
firing ranges, amusement centers and video game arcades and any type of token or coin-operated
video or azcade games, movie theaters, billiard and pool halls.
(b) Permitted Uses. The Uses permitted within 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 and similar Uses; but not sale of
lumber, hardware or Building materials or similar products.
(2) Art galleries, libraries, museums and cultural centers.
(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 fmancial institutions without drive-through facilities.
{7) Convenience food stores without fuel sales, but not Supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug Stores and Pharmacies without drive-through facilities.
(10) Government Uses, Buildings and facilities.
(11) Child Care Centers in accordance with Section 24-152.
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55 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(12) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and
located within the same Building as the Principal Use. Such Dwelling Unit is intended to be
occupied by the Owner or an employee of the Principal Use.
(c) .Uses-by-Exception. Within the CL Zoning Districts, the following Uses may be approved as a Use-
by-Exception.
(1) Medical or dental clinics.
(2) Churches and Community Centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(5) Contractor, not requiring outside storage of materials.
(6) Printing shops.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum Lot Size. The minimum size for Lots within 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 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 for the CL Zoning District 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 neighborhoods and communities. New development
within these Districts should have direct access to Arterial or Collector Streets and sites should be
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
56 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
well suited for development of community shopping centers.
(b) Permitted Uses. The typical Uses permitted within the CG Zoning Districts shall not include
manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a
regional nature, or such Uses that have the potential for negative impact to surrounding
neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of
operation or other factors that may adversely effect existing commercial uses or any nearby
residential uses. 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, boat and marine related parts, and similar Uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants without drive-
through facilities, gymnasium, laundry or dry cleaner, funeral home, job printing, radio and
television repairs, lawn care service, pest control companies, surf board repair in association with
surf shops, but not the production of surfboards, and similar service Uses.
(3) Banks with drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar
financial institutions.
(4) Child Care Centers in accordance with Section 24-152.
(5) Business and Professional Offices.
(6) Retail plant nursery, landscape and garden supplies.
(7) Retail sale of beer and wine for off-premise consumption.
(8) Automobile Service Stationwith Minor Automotive Repair and with car wash.
(9) Theaters,. but not a regional Cineplex.
(10) Government Uses, Buildings and facilities.
(11) Churches in accordance with Section 24-153.
(12) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and
located within the same Building as the Principal Use. Such Dwelling Unit is intended to be
occupied by the Owner or an employee of the Principal Use.
(13) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited and
Commercial, Professional and Office Zoning Districts.
(c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved as a Use-
by-Exception.
(1) Pet kennel and facilities for the boarding of animals.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
5~ with Amendments through December 08, 2003
EXIiIBIT A -ORDINANCE NUMBER: 90-03-184
(2) Veterinary clinic.
(3) On-premise consumption of alcoholic beverages, beer and wine.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-
through business. .(This shall not be .construed to include restaurants with cazry-out service,
which are a Permitted Use.)
(5) Limited wholesale operations, not involving industrial products or processes or the manufacturing
of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy
assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be
permitted. Not more than one contractor related vehicle shall be parked outdoors on a continuous
basis.
(7) Produce and fresh mazkets with outdoor sale and display of garden produce only.
(8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court.
(9) Cabinet shops, woodworking shops and surfboard production.
(10) Hospital, nursing home, assisted care and similar institutional facilities.
(11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays amusement
centers and video game azcades and any type of token or coin-operated video or arcade games,
movie theaters, billiard and pool halls.
(12) Heavy Automotive Repair, not including semi tractor-trailer repair.
(13) Businesses offering Live Entertainment, not including adult entertainment establishments as
defined by Chapter 847.001 (2), Florida Statutes, and also not including amusement centers and
video game arcades and any type of token or coin-operated video or arcade games, and billiard
and pool halls.
(d) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning .Districts
shall be as follows.
(1) Lot or site azea: S OOO squaze feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yazd Requirements. The minimum Yard requirements within the Commercial General
Zoning Districts shall be as follows:
(1) Front Yard: Twenty (20) feet
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXIiIBIT A -ORDINANCE NUMBER: 90-03-184
(2) Rear Yazd: Twenty (ZO) 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. The Maximum Impervious Surface shall
not apply to infill Development or redevelopment of previously developed sites; however,
required landscaping shall be provided in accordance with Division 8 of this Chapter.
Stormwater management requirements shall apply to infill Development and to redevelopment
projects involving exterior site changes.
(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 neazby or adjacent
residential or commercial activities.
(b) Permitted Uses. The Uses permitted within 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.
(4) Contractor's Yards with outdoor storage. Required Front Yards Yazd shall not be used for
storage, and a six (6) foot visual bamer 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 contractor's, wholesale bakeries and similar
Uses.
(6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar Uses.
(7) Government Buildings, Uses and facilities.
(8) Minor Automotive Repair, and Boat, trailer or surfboard repair of a minor nature.
(c) Uses-by-Exception. Within the Light Industrial and Warehousing Zoning Districts, the following
Uses may be approved as aUse-by-Exception.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXI~IT A -ORDINANCE NUMBER: 90-03-184
(1) Bulk storage of flammable liquids or gases subject to provisions of County and State fire codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete hatching 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 Heavy Automotive Repair or the permanent storage of automobiles,
motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar
Uses, including dry docks and rack storage of boats.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboazds.
(8) Processing (excluding animal processing and slaughter houses).
(9) Wholesale food processing.
(d) Minimum Lot Size.. The minimum size for Lots within 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 Yazd requirements for the ILW Zoning Districts shall
be as follows.
(1) Front Yazd: Twenty (20) feet.
(2) Rear Yard: Ten (10) feet.
(3) Side Yazd: 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. The Maximum Impervious Surface shall
not apply to infill Development or redevelopment of previously developed sites; however,
required landscaping shall be provided in accordance with Division 8 of this Chapter.
Stormwater management requirements shall apply to infill Development and to redevelopment
projects involving exterior site changes.
{2) Maximum Building height Thirty-five (35) feet.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
60 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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. Government Uses and public facilities and any other permitted Uses shall be limited
to those established by the City Commission within the ordinance creating a Special Purpose District,
and upon a fording of consistency with the Comprehensive Plan.
(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.
(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.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
61 ~~ Amendments through December 08, 2003
EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
(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.
(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 Buildings and facilities.
(9) Leased Right-of--way Uses.
(10) A single Dwelling Unit within the same Building occupied by a Permitted Use, intended to be
occupied by the owner or an employee of such Use.
(c) Uses-by-Exception. Within the Central Business District, the following Uses may be approved as a
Us.by-Exception.
(1) Art galleries, libraries, museums, cultural centers.
(2) Residential, where such residential Use is secondary to the permitted commercial Use of the
Building.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,.2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(3) Businesses offering Live Entertainment, not including adult entertainment establishments as
defined by Chapter 847.001 (2), Florida Statutes, and also not including outdoor entertainment
such as putt-putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers
and video game arcades and any type of token or coin-operated video or arcade games, movie
theaters, billiard and pool halls.
(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 Yazd:; Five (5) feet.
(f) Building Restrictions. The Building Restrictions for the Central Business District shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall
not apply to infill Development or redevelopment of previously developed sites; however,
required landscaping shall be provided in accordance with Division 8 of this Chapter.
Stormwater management requirements shall apply to infill Development and to redevelopment
projects involving exterior site changes.
(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.
(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.
Ordinance Number: 90-03-184
Initial Effective Date: January O1, 2002
with Amendments through December 08, 2003
63
EDIT A -ORDINANCE NUMBER: 90-03-184
(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 Development Regulations. The purpose of the 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 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 in accordance
with Article IV of this Chapter. Further, all requirements of Article IV of this Chapter, the Subdivision
Regulations, shall be met unless specifically modified by action of the City Commission.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
64 with Amendments through December 08, 2003
EXII~BIT A -ORDINANCE NUMBER: 90-03-184
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 or mix of Uses, which are a Permitted Use or a permitted Use-by-
Exception, subject to that Use being an allowable Use within the Future Land Use category as
designated by the Comprehensive Plan, may be proposed within a Planned Unit Development.
(b) Site requirements. Minimum site area required for a single Use Planned Unit Development is ten
(10) acres. Mixed Use Planned Unit Developments shall not have a minimum size requirement, but
shall otherwise be subject to all applicable requirements of this Division.
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 required for such
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
65 with Amendments through December 08, 2003
EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
applications, the following shall be required.
(1) 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 or
addresses each of the following.
i. Commitment to 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.
ii. Provision of a written statement for completion of the Development according to plans and
schedule approved by the ordinance, and for the continuing operation and maintenance of all
privately owned areas, functions and facilities, which will not be operated or maintained by
the City pursuant to written agreement.
iii. Commitment to bind all successors and assigns in title to any commitments included within
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 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 the following.
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.
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EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
iv. Open Space and all 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.
vi. 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 providing commitments for the continued maintenance and ownership of all shared
and common areas, any private Streets, all stormwater management structures and facilities,
infrastructure and any other Improvements.
(5) Proposed schedules of Development, including the following.
i. Areas to be developed and the phasing schedule for each development azea. 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 defmition of completion.
iii. The construction of Streets, utilities and other improvements necessary to serve the proposed
development.
iv. The dedication of Land to public Use.
Sec. 24-131. 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 forwazd 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:
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(1) The proposed Planned Unit Development does not affect adversely the orderly development of
the City, as embodied within this Chapter and within the Comprehensive Plan.
(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
requirements of Section 24-134, as well as Division 5 of this Chapter.
(4) The Community Development Board shall conduct a public hearing to assist in its development
of a recommendation to the City Commission.
Sec. 24-132. 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 24-131(b) above.
(b) Procedure for adoption.
(1) The Planned Unit Development ordinance shall contain all applicable attachments, exhibits and
materials, as required to enact the Planned Unit Development. The Planned Unit Development
ordinance shall be noticed in accordance with Section 24-52, and shall be enacted as set forth
within Section 166.041, Florida Statutes related to the requirements for the adoption of
ordinances.
(c) Minor deviations from the Planned Unit Development 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 a fewer number of Dwelling Units and/or floor area.
(2) The open space is in the same general location and in the same general amount, or a greater
amount.
(3) The Buildings have the same or less- number of stories and/or floor area.
(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
within 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).
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
68 with Amendments through December O8, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-133. 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, ormaintained by the City pursuant to written agreement.
(b) Record plans. If the Planned Unit.Development ordinance requires the recording of record Plats, such
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 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. 24-134. 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. Open Space in the amount as required by this
Division shall be provided. The Open Space area shall be dedicated as such on the Final Subdivision
Plat for the Planned Unit Development. The Open Space shall be utilized as 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 dedicated as Open Space shall not be encroached upon by any residential, commercial, or
industrial Principal Use or Accessory Use.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
69 with Amendments through December 08, 2003
EXI~BIT A -ORDINANCE NUMBER: 90-03-184
(c) Waiver of Yard, Type of Dwelling Unit, and Building Restrictions. Minimum Yards, Lot size, type
of Dwelling Unit and Building Restrictions may be waived for the Planned Unit Development,
provided the spirit and intent of these Land Development Regulations is maintained for the entire
Planned Unit Development, and further provided that any waiver is not in conflict with the
Comprehensive Plan. However, the City Commission may, at its discretion, require adherence to
minimum Zoning District requirements within certain portions of the PUD 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 provide for permanent and
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 established community or homeowner's
association, cooperative, or similar lawfully established entity.
(2) Appropriately limit the Use of common property.
(3) Place responsibility for continued management and maintenance of all 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 maybe accepted by the City.
(5) Place responsibility for the perpetual enforcement of Covenants and any private deed restrictions.
(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 vehiculaz 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. Within residential Planned Unit Developments, each Dwelling Unit within the PUD, shall
be provided with 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.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
~p with Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-135. Community Facilities.
(a) All utility facilities proposed for dedication to the City must be acceptable to 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 within the PUD shall adequately provide- for emergency service and fire-
fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris
removal and similar large vehicles.
(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 stormwater management and central water and sewer
facilities.
(e) Specifications for Street design shall conform to the design standards as set forth within Article N of
this Chapter.
(f) All public and private parks, playgrounds and green spaces must be clearly identified, and the
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 within all residential
Planned Unit Developments.
Sec. 24-136. Requirements of this Division.
No requirement of this Division, which shall be included in the ordinance enacting a Planning Unit
Development, shall be modified unless in accordance with the provisions of this Division or unless
approved by action of the City Commission.
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 within any Zoning District where the
Accessory Uses or Structures are clearly ancillary, in connection with, and incidental to the Principal
Use allowed within the particular Zoning District.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
~ 1 with Amendments through December 08, 2003
EXHIBIT A -.ORDINANCE NUMBER: 90-03-184
(b) Accessory Uses by Zoning District. Accessory Uses and Structures shall be permitted only within
Zoning Districts as set forth within this Division.
(1) Within 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 shall not be permanently located within
Required Front Yards.
iii. Guest House or Guest Quarters, provided that such are used only for intermittent and
temporary occupancy by anon-paying guest or family member of the occupant of the primary
residence. A Guest House or Guest Quarters shall not be rented for any period of time and
shall not contain a Kitchen, but may contain a Kitchenette as defined herein. Further, a Guest
House or Guest Quarters shall not be used as, or converted to a Dwelling Unit. A detached
Guest House shall not exceed the number of Buildings allowed on a Lot as set forth within
Section 24-82 (b) and shall be a minimum distance of ten (10) feet from the Principal
Building.
iv. .Detached Private Garages and carports, not to exceed six hundred (600) square feet of Lot
Area and fifteen (15) feet in height, except in accordance with Section 24-88 or the
provisions of the following paragraph. Only one detached Private Garage or carport shall be
allowed on any single residential Lot, and such Structures shall comply with applicable Side
Yard requirements and shall be a minimum distance often (10) feet from the rear Lot Line.
Detached Private Garages, not to exceed six hundred (600) square feet of Lot Area may be
.constructed to a height of twenty-five (25) feet provided that such Structures shall comply
with applicable Side Yard requirements and shall be a minimum distance of fifteen (15) feet
from the rear Lot Line.
A detached Private Garage shall be a minimum distance of ten (10) feet from the Principal
Building.
v. Gazebos and similar Structures, not to exceed 150 square feet and ten (10) feet in height for a
flat roof or twelve (12) feet in height for a peaked roof; and a minimum distance of five (5)
feet from the rear and side lot Lot Lines.
vi. Private Swimming Pools in accordance with Section 24-164.
vii. Home Office (but not a Home Occupation).
viii. Private ball courts and other similar private recreational Uses;
ix. Storage and tool sheds, not to exceed 150 square feet and ten feet in height for a flat roof or
twelve feet in height for a peaked roof. Only one detached storage or tool shed shall be
allowed on any single residential Lot, and such Structures shall comply with applicable Side
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
72 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Yard requirements and shall be a minimum distance often (10) feet from the rear Lot Line.
x. 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.
Sueh detached screened enclosures shall not be allowed in Required Front Yards.
xi. Dog houses not to exceed five (5) square feet and five (5) feet in height.
xii. Personal pets, limited to those animals customarily considered as pets, and kept only on the
same premises of the occupant(s) of the residential Principal Building.
(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 the minimum Yard Requirements applicable to the
Zoning District in which they are located.
iii. Unless otherwise specified within this Section, 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.
v. Accessory Structures shall not be more than fifteen (15) feet in height, except in accordance
with Section 24-88 or preceding paragraph (b) (1) iv. Accessory Structures shall not be
placed forward of the front of the Principal Use Structure. On a Comer 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.
Child Care Centers, including day nurseries and kindergartens, and Child Care provided in private homes,
whether operated as a Permitted Use or permitted as aUse-by-Exceptions, shall be licensed and operated
in accordance with all applicable requirements of the Florida Department of Children and Family
Services, all applicable City Codes, and shall further be subject to the following provisions.
(a) Minimum Lot area shall not be less than five thousand (5,000) square feet.
(b) Outdoor play .areas shall be fully fenced with a minimum .four (4) foot high latching fence, and the
size of play area shall meet the State regulations for square feet of play area per child. Within all
residential Zoning Districts, play areas and all play equipment, structures and children's toys shall not
be located, maintained or stored within Required Front or Side Yards.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
73 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(c) Where approval of a Use-by Exception is required to operate a Child Care Facility, the maximum
number of children shall be stated in the application, and in no case shall the maximum permitted
number of children be exceeded at any time. T'he application shall include a Site 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 as required by Section 24-161, and traffic circulation, including any
drop-off areas.
(d) Child Care provided within private homes, not requiring approval of aUse-by-Exception, shall be
limited to care of not more than five (5) children, unrelated to the operator, within a single time
period, and shall- be licensed and operated only in accordance with all applicable licensing
requirements of the Florida Department of Children and Family Services (DCFS) and the
requirements of this Section. The application for Occupational License to provide Child Care within
a private home shall be accompanied by a copy of the current license certificate from the DCFS and a
survey or site plan demonstrating compliance with all requirements of this Section. The City reserves
the right to request of the DCFS an inspection pursuant to Section 402.311 Florida Statutes, prior to
issuance of a local Occupational License. Child Care in private homes shall be further subject to the
following requirements.
i. No business Signs shall placed upon the Lot where Child Care is provided within private homes.
ii. Play areas and all play equipment, structures and children's toys shall not be located, maintained
or stored within Required Front or Side Yards.
iii. Off-Street parking, as required by Section 24-161, shall be provided, including provision for off-
street drop-off and pick-up. Parking and traffic generated by .any Child Care provided within a
private home facilities shall have no adverse impacts to the volume or circulation of residential
traffic.
Sec. 24-153. Churches.
The minimum Development criteria for churches in any Zoning District where Churches are permitted
shall include the following.
(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) Minimum Yard Requirements and Building Restrictions as required within the Zoning District in
which the facility is located.
(f) Buffering as required by Section 24-167 of this Chapter in the form of hedge materials and/or Fence
or wall, as appropriate, along Lot lines adjacent to any residential Uses.
(g) A single Dwelling Unit for may be permitted and may be attached to, located within, or on the same
premises the Church. For Dwelling Units that are detached from the Church Building, the Minimum
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
74 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Yard Requirements and Building Restrictions of the RS-2 Zoning District shall apply.
Sec. 24-154. Display and Sale of Merchandise Outside of an enclosed Building.
(a) Outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other
similar merchandise, equipment and materials, and also street vendors, shall be prohibited in all
Zoning Districts, except this shall not apply to locations for permanent automotive sales, or to
landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental articles
for use in lawn, garden or patio areas, subject to provision of any required buffering and screening.
(b) Unless expressly permitted by this Chapter, all business related products and activities shall be
conducted within an enclosed Building, subject to compliance with applicable Florida Building Code
requirements.
(c) .Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats and the
like 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 aUse-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
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 aUse-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 only within the CL, CPO, CG and CBD, ILW or PUD 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 shall be four (4) feet.
(b) Within Required Side or Rear Yards, the maximum height of any Fence or wall shall be six (6) feet.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
75 with Amendments through December 08, 2003
EXHHIBIT A - ORDINANeE NUMBER: 90-03-184
(c) On Corner Lots, no fence, wall or Landscaping, exceeding four (4) feet in height, shall be allowed
. within ten (10) feet of any Lot Line which abuts a Street, provided however, that clear vehicular and
pedestrian sight distance shall be maintained at any Street intersection.
(d) The height of fences and walls shall be measured from grade to the top of the Fence or wall. 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 retaining walls on any Lot is four (4) feet. A minimum of forty (40) feet
shall sepazate 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.
(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 guazdhouse 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, squaze 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
appeazance of a property, shall not increase traffic in residential neighborhoods and shall not create
any adverse impacts to the surrounding residential neighborhood.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
76 with Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
(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 be advertised as a business location.
(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 not be transferable from one
location to any other location.
(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 and not
more than one vehicle, -trailer or the like, which is associated with the business activity, shall be
parked on the licensed premises.
(4) No more than one (1) room of the Dwelling shall be used to conduct the Home Occupation,
provided the azea of that room does not exceed twenty-five (25) percent of the total living azea 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 vehiculaz traffic, noise, vibration, glaze, fumes, odors or
electrical interference as a result of the Home Occupation. Evidence of such shall result in
revocation of the Home Occupation approval.
(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 aUse-by-Exception.)
(d) The following occupations and activities shall be prohibited as Home Occupations:
(1) Escort, modeling or introduction services.
(2) Masseuse or massage therapy with treatment onpremises.
(3) .Welding or any type of metal fabrication.
(4) Repair, maintenance or detailing or sale of automobiles, boats, motorcycles, trailers or vehicle
of any kind.
(5) Cabinet or furniture making.
(6) Upholstery or canvas work.
(7) Building, or manufacture or repair of boats, surfboards and the like.
(8) Fortune tellers, psychics and similar activities.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
~~ with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(9) Beauty shops or barbers.
(10) Antique or gift shops.
{11) Tow truck service.
(12) Grooming or boarding of animals.
(13) 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 appropriate 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. Any
Structure, which serves the purpose to contain or shield such containers, shall not be located within
Right-of--ways and shall not create any interference with clear vehicular and pedestrian travel or sight
distance.
(b) 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. Above ground tanks used to store
hazardous, chemical or explosive materials may remain unscreened upon determination by the
Director of Public Safety that a threat to security and public safety may result from screening such
tank(s). from view.
Sec. 24-161. Off-Street Parking and Loading.
(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. Parking areas shall be
arranged for convenient access and safety of pedestrians and vehicles; shall be paved and 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 properties. 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. There shall
be no sales, service or business activity of any kind within any parking area.
(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 all plans submitted for review. Parking calculations shall also be included.
(c) Measurement. Where Floor Area determines the amount of Off-Street parking and loading required,
the Floor Area of a Building shall be the sum of the gross horizontal area of every floor of the
Ordinance Number: 90-03-184 Initial Effective Date:. January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 Use most similaz 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 pazking spaces:
(1) Pazking 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 shazed pazking agreement shall be required where off-site
parking is used to meet pazking requirements. In such cases, the Uses sharing pazking must
demonstrate different peak-hour pazking needs.
(f) .Design requirements.
(1) Pazking space dimension shall be a minimum of ten (10) feet by twenty (20) feet; except that
smaller dimensions may be provided for single-family residential Lots, provided that adequate
on-site parking is provided to accommodate two (2) vehicles.
(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
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. Parking for residential uses shall be
located within paved or .stabilized driveways, Private Garages or carports or such areas intended
for the day-to-day parking of vehicles. Vehicles shall not be routinely pazked within grassed or
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
landscaped areas of a residential Lot. Mechanical or other automotive repair work on any motor
vehicle. shall not be performed out-of--doors within any residential Zoning District, except for
minor maintenance or emergency repair lasting less than eight (8) hours and performed on a
vehicle owned by the occupant of the residential property.
(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 four (4)
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.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet
of gross floor area.
(19) Child Care Centers: Two (2) spaces for each employee, plus a clearly designated drop- off and
pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(h) Off-Street loading spaces: Off-Street loading spaces shall be provided and maintained for hospital,
institutions, single occupancy commercial or industrial Building, or similar Use requiring the receipt
or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten
thousand (10,000) square feet of gross floor area and one (1) additional space for each twenty
thousand (20,000) square feet of gross floor area, or fraction thereof, over and above the first ten
thousand (10,000) square feet.
(i) Applications to vary from the requirements of this Section shall. follow the procedures set forth in
Section 24-63.
Sec. 24-162. Parking Lots.
Off-Street parking Lots may be a permissible Use-by-Exception in all non-residential Zoning Districts
where such Lots are within four hundred (400) feet of the property requiring off-Street parking and
provided such parking Lots shall also conform to the following.
(a) A wall, fencing, shrubbery or as otherwise required by the Community Development Board and the
City Commission shall be erected along edges of portions of such parking.
(b) No source of illumination for the parking area shall be directly visible from any window in any
residence in an adjoining residential Zoning District.
(c) There shall be no sales, service or business activity of any kind in any Parking area
Sec. 24-163. Storage and Parking of Commercial Vehicles and Recreational Vehicles and
Equipment and repair of vehicles in Residential Zoning Districts.
(a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500)
pounds gross vehicle weight shall be prohibited in all residential Zoning Districts. Commercial
vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle weight,
Recreational Vehicles, and trailers of all types, including travel, boat, camping and hauling, shall not
be parked or stored on any Lot occupied by a Dwelling or on any Lot in any residential Zoning
District, except in accordance with the following requirements:
(1) No more than one (1) commercial vehicle of less than 12,500 pounds shall be permitted any
residential Lot, and such commercial vehicle shall be parked a minimum of twenty (20) feet from
the front Lot Line. Such commercial vehicle shall be used in association with the occupation of
the resident.
(2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum
products or other hazardous materials be permitted to be parked or stored either temporarily or
permanently in any residential Zoning District.
(3) Commercial construction equipment or trailers containing construction equipment shall not be
parked or stored on any residential Lot except in conjunction with properly permitted, ongoing
construction occurring on that Lot.
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(b) Recreational Vehicles stored or parked on any residential Lot shall be subject to the following
provisions.
(1) Not more than one (1) Recreational Vehicle, boat or boat trailer, or other type of trailer shall be
stored or parked on any residential Lot which is 5000 square feet in Lot Area or less. Minimum
Lot Area of 10,000 square feet is required for storage or parking of any second Recreational
Vehicle, boat or boat trailer, or other type of trailer.
(2) Recreational Vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored
closer than fifteen (15) feet from the Front Lot Line.
(3) Recreational Vehicles, travel trailers or motor homes shall not be inhabited or occupied, either
temporarily or permanently, while parked or stored in any area except in a trailer park designated
for such use as authorized within this Chapter.
(4) Recreational Vehicles parked or stored on any residential Lot for a period exceeding twenty-four
(24) hours shall be owned by the occupant of said Lot.
(c) A junked or Abandoned Vehicle, or one that is inoperable, as defined within this Code, shall not be
parked or stored in any Zoning District. Further, mechanical or other automotive repair work on any
motor vehicle shall not be performed out-of--doors within any residential Zoning District, except for
.minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle
owned by the occupant of the residential property.
(d) No materials, supplies, appliances or equipment used or designed for use in commercial or industrial
operations shall be stored in residential Zoning Districts, nor shall any home appliances or interior
home furnishings be stored outdoors in any residential .Zoning District.
(e) The provisions of this Section shall not apply to the storage or parking, on a temporary basis, of
vehicles, materials, equipment or appliances to be used for or in connection with the construction of a
Building on the property, which has been approved in accordance with the terms of this Chapter or to
commercial or Recreational Vehicles parked within completely enclosed Buildings.
Sec. 24-164. Swimming Pools.
Swimming Pools and ornamental pools shall be located, designed, operated, and maintained so as to
minimize interference with any adjoining residential properties, and shall be subject to the following
provisions.
(a) Lights: Lights used to illuminate any Swimming Pool or ornamental pool shall be arranged so as not
to directly illuminate adjoining properties.
(b) Setbacks: The following setbacks shall be maintained for any Swimming Pool or ornamental pool:
(1) For Swimming Pools, the front Setback shall be the same as required for a residence located on
the Parcel where the Swimming Pool is to be constructed, provided, that in no case shall the pool
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.
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(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 in height and
designed in compliance with all applicable 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 located 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.
Signs shall be governed as set forth within Chapter 17 of this Code, Signs and Advertising Structures.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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Sec. 24-167. Required Buffers Between Residential and Non-Residential Uses.
When new Development, or a change of Use 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
applicable Building and electrical codes.
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(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 anon-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.
(7) 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.
(8) Satellite dish antenna shall, to the maximum extent possible , be screened from the view from
adjacent Streets.
(b) The following standazds 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 apole-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 installed on the roof
of any Structure.
(8) A satellite dish antenna, whether ground or pole mounted, shall be mounted at a fixed point and
shall not be portable.
(c) Nonconforming Antenna.. Any satellite dish antenna lawfully installed prior to the initial effective
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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.
Sec. 24-171. Commercial Corridor Development Standards.
(a) Intent. The following additional standards and requirements shall apply to those lands within all
Commercial Zoning Districts that are located along Arterial Street corridors within the City of
Atlantic Beach. The intent of these additional requirements is to: enhance the aesthetic and physical
appearance of these gateways into the City; enhance and retain property values; promote appropriate
redevelopment of blighted areas; and to create an environment that is visually appealing and safe for
pedestrians, bicycles and vehicular trai~"ic.
(b) Delineation of Commercial Corridors. Within the City of Atlantic Beach, Commercial Corridors
shall be defined as the lands extending a depth of one hundred (100) feet from the outer edges of the
right-of--ways along Mayport Road and Atlantic Boulevard, in those Zoning Districts designated as
Commercial General (CG), Commercial Limited (CL) and Commercial, Professional Office (CPO).
The Commercial Corridors shall also include the right-of--ways, and in the case of a single
Development Project within the Commercial Corridor, which involves parcels contiguous to the
defined Commercial Corridors, these requirements shall apply to all land that is part of such
Development Project.
(c) Building Form and Finish Materials. The following general provisions shall apply to all
Development in the Commercial Corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are
prohibited. Roofs may be gabled, hipped, mansard or otherwise designed. so as to avoid the
-appearance of a flat roof from the adjoining Street.
(2) Open bay doors and other similar large doors providing access to work areas and storage areas
..shall not open towards or face the Commercial Corridors.
(3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the
front and any street side, or any side visible from adjoining residential properties, of existing
buildings shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish
systems (EIFS), architectural or split-face type block, or other finish materials with similar
appearance and texture. Metal clad, corrugated metal, plywood or Oriented Strand Board. (OSB),
and exposed plain concrete block shall not be permitted as exterior finish materials on the front
and any street side of a Building.
(4) Blank exterior walls facing the Commercial Corridors, which are unrelieved by doors, windows.
and architectural detail, shall not be permitted.
(d) Signs. Signs shall be regulated as set forth within Chapter 17 of this Code, except that externally
illuminated Monument Signs are encouraged. To encourage the use of such Signs, those Signs
constructed of a solid material such as wood, masonry or high-density urethane, and externally-
illuminated in a manner that washes the Sign in indirect light from a fluorescent ground source shall
be entitled to a reduction in Sign Permit fees as set forth within Chapter 17-6.
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(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct
lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent
properties. Light poles with luminaire that automatically cut-off after normal business hours is
encouraged. Light poles without cut-off luminaire shall not exceed fifteen (15) feet in height. Light
poles .with cut-off luminaire shall not exceed twenty (20) feet in height. Proposed lighting shall be
shown on all plans submitted for review.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be
prohibited in any Required Front Yard and in any Required Yard adjoining a Street. Where such
fencing is otherwiseplaced on a Parcel, but remains visible from the Commercial Corridor,
landscaping shall be installed which substantially conceals such fencing.
Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from the
effective date of these regulations shall be extended during which all fencing shall be made consistent
with the above provisions.
(g) Landscaping and Required Buffers. The requirements of Division 8 of this Chapter shall apply,
except that the following additional requirements shall also apply to new Development and to
redevelopment that is subject to the requirements of Division 8. Required buffers and landscape
materials shall be depicted on all plans submitted for review.
(1) A ten (10) foot wide Buffer shall be required along the entire Parcel frontage of the Commercial
Corridors, except for driveways. This buffer shall consist of Trees as required by Division 8 and
shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in
height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a
healthy condition.
(2) Along the front of the Principal Building, a six (6) foot wide area shall be maintained between the
Building and the parking area or any walkway. This area shall be use for landscaping.
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch
shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the Commercial Corridors, the use of landscape materials
that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape
materials, including sod and ground covers shall be replaced within thirty (30) days of written
notification from the City to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers, provided that
required landscape materials are provided.
Secs. 24-172. through 24-175. Reserved.
DIVISION S. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this Division, the following terms shall have the meanings as set forth within this
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Section. Where applicable and appropriate to the context, definitions as set forth within Chapter 23 of
this Code, Vegetation, shall be used in conjunction with these terms and the requirements of this Chapter.
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 aloes-growing herbaceous or woody plant other than turf, not over two (2) feet
high, intended to cover the ground.
Hedge means a Landscape bamer 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 aself-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 (VLTA) 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.
Sec. 24-177. Applicability; Requirements; Suffer 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.
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(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 prepazed 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 Vehiculaz Use Areas, access aisles, driveways, and similaz 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, squaze 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
include overhead and underground electric service lines to all proposed Buildings.
(c) Vehicular Use azea interior Landscaping requirements.
(1) Vehiculaz Use Areas open to the public. Ten (10) percent of vehicular Use azeas (VUA'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.
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(3) Criteria for distribution. Landscape areas shall be distributed throughout the VLJA 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:
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 VLJA.
(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 VLJA or adjacent to the Building on the property, so long as the Landscape area
is within twenty (20) feet of the perimeter of the VIJA.
(d) Perimeter Landscaping requirements.
(1) Street frontage Landscaping. All VLJA 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 f 50) percent of which shall be at least afive-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
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 (l) tree, located within twenty-five (25) feet of the Street Right-of--way, for
each fifty (50) linear feet, or fraction thereof, of ViJA 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,
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grass, or mulch.
v. Landscape azeas 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 Vehiculaz 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) lineaz 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 less 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
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 azea.
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(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
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
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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.
Plants and trees shall meet the criteria of Chapter 23, Section 23-17(e)(2)a.
ii. Fifty (50) percent of the trees may 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 athree-gallon container [ofJ 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.
vi. 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.
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.
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(2) Irrigation. Landscaped areas shall be provided with an automatic imgation 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 appropriate and lawful division of Land is a vital step in 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. In that the general welfare, health, safety and convenience of the community
are directly affected by the Use and division of Land, it is in the interest of the public that Development
be designed and constructed in accordance with sound rules and proper standards. The purpose and intent
of this Article is as follows.
(a) To establish reasonable and equitable standards of design and procedures for the division and
Development of Land that will encourage stable communities and healthy living environments, and
which preserve Environmentally Sensitive Lands and the natural beauty of the City of Atlantic Beach.
(b) To ensure that public facilities, utilities and infrastructure will have a sufficient capacity to serve the
residents of Land proposed for Development and to ensure that adopted Level of Service Standards as
established by the Comprehensive.. Plan aze not diminished.
(c) To prevent traffic hazards and to require the provision of safe and convenient vehiculaz and pedestrian
traffic circulation in Land developments; having particulaz regazd to the avoidance of congestion in
the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and
Buildings, and to provide for the proper location, width and design of Streets.
(d) To coordinate the establishment of Streets, drainage and utilities in an orderly planned manner to
ensure protection of the environment and to promote the general welfaze of the City.
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(e) To enhance protection from fire, flood and other dangers.
(f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and 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 quality and resources; .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
adopted Comprehensive Plan, this specific provisions of this .Article and other applicable
requirements of these Land Development Regulations.
Sec. 24-187. Subdivision and Subdivision Improvements defined.
(a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land
into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys,
stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term
Subdivision shall also include Replat and the division of previously recorded Subdivisions when three
(3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates
to the process developing Land.
(b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but
shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway
pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs,
street. lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points
(PCPs), monuments, or any other Improvement as may be required by the City Commission or these
Land Development Regulations.
Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat.
(a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been
created, except in compliance with the requirements of Division 2 of this Article and the requirements
of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be
required when any of the following conditions result from the division of Land.
(1) The division of any Land will create three (3) or more contiguous Lots or Parcels.
(2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record,
will alter an access point, other than a private driveway, change a Street as shown on a recorded
Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering,
Easement or designated preservation area.
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Sec. 24-189. Exemptions from the requirement for approval and recording, of a Final Subdivision
Plat or Replat.
(a) Building Permits maybe issued following divisions of Land without the need for approval of a Final
Subdivision Plat or a Replat only in accordance with each the following provisions.
(1) The division results in no more than two (2) contiguous Lots or Parcels.
(2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access
requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable
requirements of these Land Development Regulations.
(3) The division and the resultant new Lots shall not create any Nonconforming Structures or any
other Nonconforming characteristic.
(4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed
new lots verifying compliance with the above requirements. Such Certified Survey shall be
submitted to the City and approved prior to recording of a deed for transfer of ownership of
Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the
property owner(s) to provide evidence of the approved Certified Survey along with any
application for Building Permits.
(b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family
Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of
a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with
these Land Development Regulations and the Comprehensive Plan.
Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel.
In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed
as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all
requirements for Development as a single Lot shall be met, including but not limited to Impervious
Surface Area limitations and provision of all Required Yards for all Structures.
Sec. 24-191. 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.
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(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for which
the waiver is sought, are not generally applicable to other property and do not result from actions
of the Applicant.
(4) The waiver is consistent with the intent and purpose of 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. 24-192. Vacation of Previously Recorded Subdivision Plats.
An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by written application to
which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall
require approval by resolution of the City Commission, and such vacation shall be approved only in
accordance with Chapter 177.101, Florida Statutes.
Secs. 24-193. through 24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
(a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified
Survey as required by Section 24-189, 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 or Replat has been approved in accordance with the provisions of this Article.
In the event that an unapproved Final Subdivision Plat, Replat, Certified Survey as required by
Section 24-189, or any division of Land, is recorded, no Building Permit or other type of permit
authorizing any Development shall be issued until such division is approved in accordance with the
requirements of this Article.
(b) No Final, Subdivision Plat shall be approved, and no Building Permit shall be issued in the case that
Development of such Lands will result in a deficiency in the adopted level of service standard for any
public facility as established by the Comprehensive Plan.
Sec. 24-202. Plat Review and Approval Procedure.
The requirements of each of the following reviews shall be met prior to the recording of a Final
.Subdivision Plat or Replat, and prior to the issuance of any Building Permit. .
Sec. 24-203. Stage 1 Review: Concept Plan and information required for review.
(a) Purpose and Intent. The Concept Plan Review provides for administrative review by the Planning
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and Zoning, Building, Utility. and Public Works Departments, and other City staff as may be
appropriate. Seven (7) copies of the following information are required to be submitted along with
any application form and the established review fee. (A Concept Plan Review shall not be required
for previously approved Planned Unit Developments.)
(b) Information required for review.
(1) The name, address and contact information of the property owner of record, and proof of
ownership.
(2) The name, address and contact information of the developer or any authorized agent(s),
accompanied by proper owner's authorization.
(3) A current Certified Survey and legal description.
(4) A proposed conceptual site plan superimposed upon a boundary survey depicting each of the
following.
i. Location and width of all Street Right-of--ways; pavement width and curb detail.
ii. Name and Right-of--way width of all existing Streets adjoining the proposed Development.
iii. Sidewalks, pedestrian pathways and connections to any sidewalks outside of the proposed
Development.
iv. Lot layout with Lot dimensions.
v. Any existing and proposed Easements.
vi. Any natural features. including Environmentally Sensitive Lands, .lakes, Wetlands and
estuarine environments, natural or manmade waterways or waterbodies, and any designated
Floodways.
(b) Review process. Upon receipt of a complete and proper application containing all above required
information, copies of the Concept Plan shall be distributed to appropriate departments for review and
comment. Review comments shall be provided to the Applicant in writing within fifteen (15) days of
receipt of the complete and proper application.
(c) Time limit. Comments provided as a result of the Concept Plan Review shall remain valid for a period
of six (6) months. In the event that a Preliminary Plat is not submitted to the City within this period
oftime, a re-submittal of the Concept Plan and review fees shall be required.
Sec. 24-204. Stage 2 Review: Preliminary Plat and information required for review.
(a) Purpose and Intent. The purpose of the Preliminary Plat review is to determine that. comments
resulting from the Concept Plan review have been addressed and to determine compliance with the
requirements of Chapter 177, Part I, .Florida Statutes, the Comprehensive Plan and these Land
Development Regulations prior to approval of the Final Subdivision Plat or Replat. Eleven (11)
copies of the following information shall be submitted to the City along with the any application form
and the established review fee.
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(b) Information required for review.
(1) A statement .addressing how any comments resulting from the Concept Plan have been
satisfactorily addressed. Failure to fully address such comments may result in additional review
time or rejection of the Preliminary Plat.
(2) The Preliminary Plat shall be drawn at a clear and legible scale and shall be prepared in
-accordance with the requirements of Section 177.091, Florida Statutes, and shall further
demonstrate compliance with this Article and applicable requirements of these Land
Development Regulations. The following information shall be depicted upon the Preliminary
Plat.
i. Title block. The title or name of the proposed Subdivision; 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, Zoning District designation, total number of Lots
and minimum Lot size.
iii. Legal description. A full and detailed legal description of the Lands to be platted and
approximate acreage.
iv. Vicinity map. A vicinity map, at: scale, depicting 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 number, or if un-platted, the adjacent Land shall be so designated.
vi. The location and proposed name of Streets, Right-of--way and pavement widths, both within
and immediately contiguous to the Lands included in the Plat.
vii. Existing and proposed public or private Open Space, Buffers, natural and man-made lakes,
waterways, water bodies, Wetlands and Environmentally Sensitive Lands.
viii. Existing and proposed public and private Easements shall be shown on the Plat. The purpose
for the Easement shall be noted on the Plat.
ix. Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to
the requirements of Section 24-256 o€this Article.
x. Dedications and reservations of all tracts and parcels of Land proposed to be dedicated or
reserved for public Use, including Right-of--ways, roads, Easements, parks, sidewalks, bike or
pedestrian trails.
x. Proposed Lot Lines, with approximate dimensions and Lot numbers, shall be shown.
xi. Contour intervals of one (1) foot, except where determined to be unreasonable or unnecessary
by the designated Administrative Official.
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(3) Preliminary engineering drawings. Eleven (11) copies of preliminary engineering drawings shall be
submitted for distribution and review by appropriate City departments. Preliminary engineering
drawings shall depict the general location of the following.
Water system lines and support facilities.
ii. Sewer system lines, any lift stations and support facilities.
iii. Stormwater and drainage facilities, Easements and other such features.
iv. Any Bulkheads.
v. Street profiles.
vi. Sidewalks, bicycle paths and pedestrian paths.
vii. Excavation and fill areas including any impacted Wetlands.
(c) Review process. Upon receipt of a complete and proper application for the proposed Preliminary
Plat, copies shall be distributed to appropriate departments for review and comment. Review
comments shall be provided to the Applicant in writing within fifteen (15) days of receipt of the
complete and proper application.
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 consideration and
recommendation. The Community Development Director shall provide to the Community
Development Board all relevant information concerning the proposed Plat including any outstanding
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 upon the requirements of
these Land Development Regulations, the Comprehensive Plan and other conditions which. may be
unique to the Land proposed for Development.
(d) Time limit. An approved Preliminary Plat shall be validfor twelve (12) months. If the Applicant has
failed to obtain Final Subdivision Plat approval within twelve (12) months of Preliminary Plat
approval, the Preliminary Plat approval shall expire, and the Applicant shall be required to re-apply in
accordance with the provisions of this Article.
(e) It shall be unlawful to construct any Improvement without approval of a Final Subdivision Plat and
issuance of a valid Building Permit authorizing Development.
Sec. 24-205. Stage 3: Final Subdivision Plat review and approval.
(a) Purpose and Intent. The purpose of the Final Subdivision Plat review is to ensure that the proposed
Final Subdivision Plat meets all requirements of Part I, Chapter 177, Florida Statutes, all requirements
of these Land Development Regulations and other applicable regulations prior to approval by the City
Commission and prior to recording. For a period of twelve (12) months after approval of the
Preliminary Plat, the Final Subdivision Plat may be filed with the City for approval. In accordance
with Division 4 of this Article, the City Commission may require assurances and security for the
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construction and maintenance of required Improvements.
(b) Information required for review.
(1) Final Subdivision Plat review. Eleven (11) copies of the Final Plat shall be submitted to the City
and shall be prepared in accordance with the design standards and requirements established in
these Land Development Regulations and Part I, and Chapter 177, Florida Statutes, as may be
amended. The Final Subdivision Plat. shall be consistent with the approved Preliminary Plat.
(2) The Final Subdivision Plat shall be prepared by a registered land surveyor in accordance with the
requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black
permanent drawing ink. The Final Subdivision Plat shall be drawn on eighteen (18) by twenty-
six (26) inch Mylar or as required for recording in the Official Records of Duval County. The
Final Subdivision 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 the same scale and 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. The
following shall also be included.
i. Boundary Survey and Title Certification as required by Florida Statutes, Chapter 177.041.
ii. Name of new Subdivisions and .Replats. As required by Florida Statutes, Chapter 177.051,
every new Final Subdivision Plat, and any section, unit or phase therein, as well as any Replat
of a previously recorded Final Subdivision Plat, shall be given a name by which the
Subdivision shall be legally known.
iii. Every Final Subdivision Plat shall be prepared, signed and sealed by a registered land
surveyor as required by Florida Statutes, Chapter 177.061.
iv. Dedication of Improvements. All public Improvements or property designated for public
purpose on any Final Subdivision Plat, including but not limited to, all Streets, alleys,
Easements, Right-of--ways, parks, recreation amenities, Open Space, Buffers and protected
areas shall be expressly dedicated on the face of the Final Subdivision Plat. 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, fiber optic, digital or cable television lines, gas lines and any other
public utility service lines and appurtenances located within the tract prior to recording.
v. Any special conditions, including Building Restriction Lines that may exceed the Zoning
District Minimum Yazd Requirements, or other unique requirements shall be noted on the
Final Subdivision Plat.
vi. If required, assurance for the performance of construction, completion, maintenance and
warranty of all Improvements shall be submitted as set forth within Division 4 of this Article.
(3) Approval or denial by City Commission. Upon receipt of all required information, the
Community Development Director shall, within thirty (30) days, schedule the Final Subdivision
Plat for public hearing before the City Commission. The Community Development Director shall
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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 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.
If substantial changes to Lot, block or Street layout or Lot sizes occur at any time after the
consideration by the Community Development Board, another review by that board shall be
conducted prior to submittal of the Final Subdivision Plat to the City Commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the City Commission, said Final
Subdivision Plat shall be signed by the Mayor and shall then 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 other 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 24-235 of this Chapter. The acceptance of dedications for public purpose shall be affixed
to the face of the Plat. Four (4) copies of the recorded Final Subdivision Plat shall be provided to
the City.
Sec. 24-206. Construction Plans and Building Permits.
(a) Intent. An Applicant shall obtain a single Building Permit for the construction of all infrastructure
Improvements included within the Final Subdivision Plat. The Applicant shall not submit
Construction Plans for Subdivision Improvements, as required by this Article, until the Final
Subdivision Plat is approved and recorded, or before 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 Completion shall be
issued, and a Maintenance Bond shall be submitted, as required by this Article.
(b) Required submittals. The Applicant requesting a Building Permit under the above procedures shall
submit to the Building Department four (4) sets of Construction Plans designed in accordance with
the requirements of this Article for the construction of roads, sidewalks, bikeways, drainage and
stormwater 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
shall 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. Permits
.from any other State or Federal jurisdiction having permitting authority shall be obtained by the
Developer and provided to the City prior to issuance of a Building Permit.
(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 water system in the Subdivision.
(d) Certification of Permanent Reference Marker location. Prior to the issuance of a Building 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
Ordinance Number: 90-03-184. Initial Effective Date: January O1, 2002
102 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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 Building Permit. After approval by appropriate reviewing Departments, the Building
Official shall issue a Building Permit for the construction of the required Improvements in accordance
with the approved Construction Plans, the Final Subdivision Plat and the requirements of this Article.
The Building Permit shall be posted by the Developer in a conspicuous place in the open at the
construction site.
(g) Term and expiration of Building Permit. A Building Permit issued in accordance with this Section
shall be void and expired if construction does not commence within one hundred and eighty (180)
days of issuance of said Building Permit. Upon written request to the City Commission, and upon
fording that the Developer has demonstrated good cause, the Commission may authorize the Building
Official to extend the Building Permit for a defined period of time.
(h) Unlawful to construct without a Building Permit. It shall be unlawful for any person to construct any
Improvement or any part of an Improvement within the Lands that are part of a Subdivision or a Site
Plan without a valid, unexpired Building Permit issued 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 Subdivision without a valid Building Permit shall be guilty of a
misdemeanor punishable by a fore 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 exists shall constitute a separate offense.
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 according to the standards and requirements of this Article.
(b) Sidewalks designed and constructed 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 Subdivision in accordance
with the Florida Uniform Manual of Traffic Control Devices, as published by the Florida Department
of Transportation.
(d) Drainage and stormwater 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.
Ordinance Number: 90-03-184 Initial Effective Date:. January O1, 2002
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(e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to
a central sewer system, based on the requirements of the State of Florida regulating the sanitary
facilities for Subdivisions, the provisions of this Article or other applicable policies, laws, ordinances
and regulations. (See Section 24-260.)
(f) A centralized water system, unless an individual water supply system is permitted, 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 Section 24-256 of this Article.
(h) Electric, telephone, gas and other utilities 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 unique to the
Land.
Sec. 24-222. Planned Unit Developments (PUDs).
For Development of 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 fmal 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 this Chapter necessary for the protection of the
public health, safety and welfaze in the subdivision of Land;
(b) All procedures specified in this Article for the approval of a Final Subdivision. 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
Plat, the Final Subdivision Plat and the issuance of a Certificate of Completion, aze strictly adhered to
under the applicable procedures.
(d) No waiver shall 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 Building
Permit. Further, such construction may commence only after recording of the Final Subdivision Plat, and
only after any required Performance Bonds or other assurances are secured.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
104 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-232. Performance security.
(a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated
Administrative Official verifying 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 Improvement 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)
day's 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 resolution approving the
Final Subdivision Plat and after any extensions granted have expired.
(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 resolution
approving the Final Subdivision Plat or after any extensions granted have expired.
(3) 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 resolution
approving the Final Subdivision Plat, all work required shall 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 designated Administrative Official may reduce the dollar amount of the bond on
the basis of work completed. The City, after sixty (60) day's 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 resolution approving the Final Subdivision Plat and after any
extensions granted have expired.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
105 with Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above
one or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a
maturity or expiration date later than the established time for completion of Improvements. The time
for completion of Improvements shall be as specified within the resolution approving the Plat, or such
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 any public Improvement within 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 Developer 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 Construction Plans. 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 Developer that the Improvements are defective in material or
workmanship or were not constructed in compliance with the approved Construction Plans within the one
Ye~'-
Sec. 24-234. Inspections.
(a) As Improvements are being constructed within the Subdivision, the. Building Official and authorized
staff or consulting engineer shall have the right to inspect Improvements. The Building Official. or
authorized representative shall be specifically notified of the commencement and completion of all of
the following.
(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 Building Official of the commencement and completion of the construction
may be good cause for the refusal to issue a Certificate of Completion.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
106 ~~ Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
Sec. 24-235. Issuance of Certificate of Completion.
Upon completion of construction of all required Improvements, the Developer shall provide the Building
Official the following.
(a) A letter stipulating that the construction of the Improvements has been completed and requesting final
inspection and approval.
(b) The testing reports and certificates of compliance from material suppliers specified in this 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.
(e) Upon receipt and review of the above items, and after satisfactory final inspection, a Certificate of
Completion shall be issued by the Building Official.
Secs. 24-236. through 24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required Improvements shall be designed by a Florida registered professional engineer. Construction
Plans shall be prepared in accordance with applicable local, State and Federal standards. Construction
Plans shall be approved by the City prior to construction of Improvements, and issuance of a Building
Permit shall constitute approval to commence Development. The requirements within this Division shall
apply to all Improvements and all Development, as set forth herein, including Improvements within
Subdivisions, Planned Unit Developments, approved Site Plans, and any other Development Projects,
including individual Lots and Parcels, where applicable. Construction Plans shall address each of the
following requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these Land Development Regulations, the Florida Building Code and any
other applicable State or Federal regulations.
(a) Conformity to City policies. The division and Development of Land subject to these regulations shall
be in conformance with the goals, objectives and policies of the Comprehensive Plan as well as all
other applicable local, State and Federal requirements regulating -the division and Development of
Land.
(b) Use of natural features. The arrangement of Lots and blocks and the Street system shall make the
most advantageous use of topography, shall preserve mature trees, other natural features and
Environmentally Sensitive Areas, wherever possible.
(c) Soil and flood hazards. A Final Subdivision Plat shall not be approved unless all Land intended for
use as Building sites can be safely and reasonably used for Building purposes without danger from
flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
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EXFIIBIT A -ORDINANCE NUMBER: 90-03-184
health, safety or public welfare. In particular, Lands that are within the one hundred (100) year flood-
prone azeas, as designated by the Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until proper provisions aze made for protective
flood control measures and stormwater management facilities necessary for flood-free access to the
sites. All Lots and Building sites shall be developed such that Habitable Space is constructed at a
minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level or with
two and one-half (2.5) feet free boazd, whichever is greater.
Flood protection provisions shall 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 impacts to water quality.
(d) General construction methods. All design and construction methods .shall conform to the
requirements of these Land Development Regulations and all design and construction standazds
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) Paving and drainage engineering plans, which demonstrate compliance with the stormwater
management provisions of Section 24-67 of these Land Development Regulations depicting all
necessary elevations, treatment of intersections, design grade of pavement, the width of right-of--way,
width and type of pavement. Topographic information depicting existing and proposed ditches,
swales, major drainage channels and other drainage facilities and systems shall also be provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs,
swales, canals, shoulders, slopes, drainage structures and other items of major construction.
(2) Profile sheets of all Streets and underground structures to be constructed, together with elevations
shown for existing Streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a Florida
licensed geotechnical engineer based on field testing of existing soils. Said design
recommendation shall be submitted prior to the commencement of any Street construction or any
construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers as may be
required to prevent erosion and displacement of soil or sand, shall be shown on paving and
drainage engineering plans, and shall be installed prior to the commencement of any land clearing
or Development.
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 Use of the Land to be served by the Streets.
(b) Arrangement of Streets. The arrangement of new Streets .within a Subdivision or new Development
project shall:
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
108 With Amendments through December 08, 2003
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
(1) Conform with the Transportation Element of the Comprehensive Plan.
(2) Be interconnected with the existing Street system so as to provide for vehicular connections
between neighborhoods.
(3) New Local Streets shall be designed in a manner, which discourages use by through traffic:
(c) Access to paved Streets required. Every Lot, Development Parcel or new Subdivision shall have
access to a paved Street dedicated to public Use, which has been accepted and maintained by the City.
It shall be the responsibility of the developer to design, construct and pave Streets in accordance with
the requirements of Division 5 of this Article. A Certificate of Completion shall be issued prior to
acceptance of any public Street by the City and prior to the issuance of any Building Permit to
develop individual Lots or Parcels.
(1) Any Subdivision of Land, which creates more than ten (10) residential Lots shall provide two (2)
separate access points, unless other provisions, such as permanent Easements, are made for
emergency ingress, and provided that such entrances will not adversely affect the overall Street
system.
(2) New Subdivisions, which utilize private security gates or other types of restricted access, shall
provide a universal emergency access system at each entrance.
(d) Private Streets providing access to individual Lots shall be constructed and maintained in accordance
with Division 5 of this Article. Provision for the continued private maintenance of any private Street
shall be provided to the City prior to issuance of any Building Permit.
(e) Where the impact of new Development can be demonstrated to reduce any transportation related Level
of Service Standard as established by the adopted Comprehensive Plan, additional Right-of--way may
be required by the City to maintain adequate roadway capacity, public safety or to ensure adequate
access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public Streets shall be
prohibited except where irrevocable control of such reserve strips is placed with the City.
(g) Intersections of right angles. Streets shall be designed 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. Offset
intersections, which may be created by new Streets, shall be prohibited except where removal or
damage to any Private Protected Tree or Public Protected Tree may be avoided by such offset
intersection.
(h) 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 comers.
Ordinance Number: 90-03-184 Initial Effective Date: January O1, 2002
109 With Amendments through December 08, 2003
EXIRBIT A -ORDINANCE NUMBER: 90-03-184
(i) 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:
STREET TYPE RIGHT-OF--WAY
Major Collector Street 84 feet
Minor Collector Street 60 feet
Local Street: Without curb and gutter 60 feet
Local Street: With curb and gutter 50 feet
Cul-de-sacs and loop Streets not exceeding 60 feet*
1500 feet in length: Without curb and gutter
With curb and gutter 50 feet*
Alley: Commercial 30 feet
Alley: Residential 20 feet
PAVING WIDTH
28 feet
24 feet
20 feet
24 feet
20 feet*
20 feet*
12 feet
10 feet
* Required for linear. portion of cul-de-sacs and loop .Streets.
See following paragraph (i) for dimension of turn-azounds.
(j) Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. These 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, or number of Lots to be located on the same, a greater length may be deemed
necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular
area shall contain right-of--way with a diameter of not less than seventy-five (75) feet as measured
from adjoining property lines. The diameter of the paved area shall be not less that sixty (60) feet as
measure from edge of curb. The City may authorize a "T" type design of proper size for vehiculaz
turnaround as required by the Director of Public Works. Temporary turnarounds shall be provided at
the end of Streets, which are to be extended in the later stages or phases of the Development.
(k) Street names and house numbers. Street names shall conform to any established Street naming 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. The assignment of the address shall be determined by the Building
Official.
(1) Shared driveways. The use of shared private driveways shall be .permitted subject to provision of a
shared access Easement or other legally binding agreement between all parties using such access. A
copy of the recorded Easement or agreement shall be provided to the City prior to issuance of a
Building Permit.
Ordinance Number. 90-03-184 Initial Effective Date: January O1, 2002
110 With Amendments through December 08, 2003
EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
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 required.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
(f) The abandonment or vacation of beach access Easements shall be prohibited.
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 District requirements as to Lot sizes and dimensions.
(3) Needs for convenient access, circulation, .control and safety of Street and pedestrian traffic and
fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting
Streets, except that the City Commission may approve blocks of greater length.
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 shall provide satisfactory and
desirable Building sites. Minimum sizes for Lots shall be as set forth. within the applicable Zoning
District requirements. Unless expressly provided for within this Chapter, no residential Lot created
after the initial effective date of these Land Development Regulations shall 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.
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EXIIIBIT A -ORDINANCE NUMBER: 90-03-184
(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 Comer 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. All Lots shall be provided with satisfactory and permanent access to a paved public
Street. No new Lot shall be created, which prohibits established access or reasonable access to an
Abutting Property.
(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. Provision for required recreation. New Subdivisions containing ten (10) or more acres
shall be required to provide a minimum of one acre dedicated for recreation purposes. A requirement of
one acre per each ten (10) acres, or fractional portion thereof, shall be required for new Subdivisions
exceeding ten (10) acres in size. A minimum of fifty (50) percent of Lands required for recreation shall
contain active recreation facilities such as ball-fields or multi-purpose fields, tennis courts, skateboard
facilities, swimming pools and the like.
Sec. 24-257. Required Monumentation.
(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 designated Administrative Official.
(b) Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set
in each residential Subdivision, and 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 designated Administrative Official.
(d) Lot comers. Lot comers shall be monumented with iron pipes, iron pins or Permanent Reference
Monuments.
(e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCP)
shall be set in accordance with Florida Statutes, Chapter 177.091, except all monuments including Lot
corners shall be placed before the developer is released from any required surety. If no surety bond or
Ordinance Number. 90-03-184 Initial Effective Date: January O1, 2002
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EXHIBIT A -ORDINANCE NUMBER: 90-03-184
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
comers 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 designated
Administrative Official may accept a certification from the developer's surveyor that the requirements
of this Division have been satisfied.
Sec. 24-258. 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 Protected Trees, or
Environmentally Sensitive Areas, or other natural features, the City may vary from this Section where
aesthetic and environmental conditions shall be enhanced. No Right-of--ways shall be cleared prior to
approval of Construction Plans, and issuance of a site clearing and tree removal or relocation permit as
required by Chapter 23 of the Code of Ordinances.
Sec. 24-259. Centralized Sewer and Water Services.
(a) New Subdivisions shall be required to provide centralized water and sanitary sewer systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements of Chapter
64E-6, Florida Administrative Code. New septic tanks shall further be subject to the provisions of
following Section 24-260.
Sec. 24-260. Installation of septic tanks, private wastewater, and on-site sewage treatment and disposal
systems.
(a) New Lots or Parcels, which are created pursuant to the exemptions from the requirement for approval
and recording of a Final Subdivision Plat or Replat as set forth within Section. 24-189, shall contain a
Minimum Lot Area of one (1) acre, exclusive of Wetlands, in order to use private wastewater Systems
and Septic Tanks, or any type of on-site sewage treatment and disposal systems, except that any Lot
within one-hundred (100) feet of any central sewer line shall be required to connect to central services
as required by Chapter 22, Article III of this Code of Ordinances without respect to size of the Lot or
Parcel.
Ordinance Number: 90-03-184 Initial Effective Date: January Ol, 2002
113 ~~ Amendments through December 08, 2003