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h_- Ordinance No. 5u.
i if-7 ''AINANCE Providing for the Zonin_'of the Town of Atlantic T
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luiittal County, Florida, Under and Pursuant to Chapter 19688
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Laws of Florida, Special Acts of. 1939 , Entitled "AN ACT
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or.izing the Town of Atlantic Beach, Florida, to Provide For,
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v +, Prescribe Zoning Regulations; and RepealingChapter 16313, Laws "
r „ `,of' Florida, Special Acts of 1933, Entitled 'AN ACT to Provide and
x, , thorize the Town of Atlantic Beach, Duval County, Florida, to Proetr4d.,... ,
g-Adir ,and Prescribe Zoning Regulations".
x 1 ; tAS, on the 4th day of January, A. D. 1940, final report of
the toXng . Commission was submitted to the Mayor and Town Council by
the Zon g Commission in accordance with the provisions of Chapter
19688, La* ;.'.f Florida, Special Acts of 1939:
BE IT ORDAINED by the Mayor and Town Council of the Town of
Atlantic Beach, Florida,
ARTICLE I.
T. The Town of Atlantic Beach is hereby Zoned and Divided into Six
L\_______Districts, as follows:
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Tl-A) . Residence A-1 District and bychangingging the Zoning Map toyshowthisDistrictwithinthefollowingdescribedboundariestowit:
All that portion of Saltair Sub-division now shown on the Zoning MapasResidenceAlyingwestofSylvanDrive.
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t, ,.moi "i 4)'; Hued ness A District z a.an
ea' .` t CO Business B Districts 1, `4'
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fig" 4(6): Unrestricted Districts,
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a. There is hereby granted and established an additional district
to be known and designated as Residence District D.
All land within the cor prate limits of the Town of Atlantic
Beach lying west of a line described as follows : Beginning
at the intersection of the north R/W line of Atlantic Blvd.
and the West boundary line of Salt Air Subdivision extend-
ing northerly along said west line of Salt Air Subdivision
to the north R/W line of The Plaza, extending easterly along
the north R/W line of The Plaza to a point 700 feet west of
the west R/W line of Sherry Drive, extending northerly along
A l i nP inn fPPt- wPctPrly anr1 naral 1 c+1 to fha Watt R/W l i na of
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distant from the nearest known point according to the scale of the
a,Zoning Map.
ARTICLE II.
DEFINITIONS
Certain words in this Ordinance are defined for the purpose there»
of as follows:
1) ACCESSORY BUILDING: A subordinate building, the use of
which is incidental to the main building.
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y( ) ALLEYS: Any street or lane less than 30 feet wide.
1ALT eATio.):
3) APARTMENT: A dwelling containing accommodations for three
or more families served by a common entrance hall.
4) ATTIO: An attic is the space between the top story and a
pitched roof.
5) BASEMENT: ,A story partly below ground, but having at least
one-half of its height above the mean level of the adjoining ground.
A basement shall be countid as a story.
6) BOARDING HOUSE: A building other than a hotel where meals
and lodging for more than five persons are served for compensation.
7) BUILDING: Includes structures, which see.
8) CELLAR: ' A story having more than one -half of its height
below the mean level of the adjoining ground. A cellar shall be
counted as a story for height measurement.
9) COVERAGE: That portion or area of any lot occupied by the
enclosed portion of any building.
10) COURT: A "Court" is an unoccupied space other than a yard,
enclosed on two or more sides by walls of the building and on the
same lot with it and open to the sky, unobstructed by roof, skylight
or other appendage. A court which extends for its full required
width to a street, rear yard or front yard is an outer court. A
court not thus extending is an inner court. A court or offset
shallnwar than the width of its onen side shall be considered to be a ,
and complete within itself. Detached as applied to the living units
of a two-family or multiple family dwelling shall apply to each liv-
ing unit therein and shall mean that each unit is complete within
itself and with separate entrances from the outside. Detached shall
not prohibit a garage from being a part of any dwelling or a garage
structurally connected with any dwelling,
12) DWELLING, ONE FAMILY: A detached building designed for or
occupied by one family only.
13) DWELLING, TWO FAMILY: A building designed for or occupied
by two families only.
14) DWELLING, MULTIPLE: A building designed for or occupied
as a residence by three or more families living independently of
each other.
15) DEPTH OF A COURT: "Depth" as applied to an outer court, to
an inner court, and to a lot line court shall mean the dimension
measured perpendicularly to the width of the same.
16) DEPTH OF A LOT: The "Depth" of a lot is the mean distance
from a street line of the lot to its opposite rear line , measured
in the mean general direction of the side lines of the lot.
17) Enclosed: Not open, but shut in by solid walls, Glass
shall be considered a part of such solid walls. Lattice work,
ifscreening,
or garage doors shall not be considered "Enclosed".
18) FRONT YARD: An open space the full width of the lot on theft
same lot with a building, unoccupied and unobstructed from the grtiund
upward between the street line and the building, except as othe'Lwise
provided herein.
19) GARAGE, PRIVATE: A building or portion thereof used for
housing or the care of self-propelled vehicles for the use of the
owners or occupants of dwellings.
20) COMMUNITY GARAGE: A group, community or neighborhood garage ?
to codtain not more than twenty motor vehicles with not mares than five `.
22) GROUND OR FIRST STORY: Shall mean the lower story entire-
ly above the mean grade of the adjoining ground.
12.3) HALF STORY: A story under a gable , hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such story.
24) HEIGHT OF BUILDING: The "Height of a building" shall mean
the vertical distance of the highest point of the roof above the
mean grade of the ground adjoining the building.
25) HOTEL: A building occupied as the more or less temporary
abiding place of individuals who are lodged with or without meals
and in which there are more than 20 sleeping rooms usually occupied
singly and no provision made for cooking in any room or suite of
rooms. The word "Hotel" as indicating a use shall include all of
the appurtenant and accessory uses and shall also include additional
uses that are incidental and proper to the conduct of a resort hotel,
but shall not include any use that is not directly incident,
appurtenant or accessory to the use of the hotel, its owner, its
management and its guests.
26) LENGTH OF WALL: The "length of a wall" of a building in
relation to a lot or street line is the length of the wall which makes
an angle of 45 degrees or less with such a lot or street line.
27) LODGING HOUSE: A building other than a hotel where lodging
for five or more persons, without meals, is provided for compensation.
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28) LOT: A "lot" is any lot or plot occupied or intended to be
occupied by any building and its accessory buildings. Whenever the
des c_ription. of a lot is- filed with ,the ,Building Inspector, as provi
ed in Article XII, (A) below, a "lot" shall be the lot so„ aeseribed.
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In the case of a corner lot, the front of the lot is that side of the
lot facing the street which has the smaller frontage and the side of
the lot is that side , facing the street which has the larger frontage,
of but this designation of front and side of corner lots is without
29) MAIN OR PRINCIPAL BUILDING: A dwelling adjacent to the
front lot or street line.
30) MEZZANINE STORY: A "mezzanine story" shall be consider-
ed to be a full story where it occupies more than one-third of the
area of the story next below.
3l) mINIMUM DISTANCE: The "minimum distance" and the
average distance" from a building to a lot line or street line are
always measured at right angles to such a line.
32) OCCUPIED: Includes designed or intended to be occupied.
33) PARTY iNALL: A wall erected and standing on a line be-
tween two living units in a two-family or multiple family dwelling
as a dividing partition for the use in common of adjoining units.
34) REAR LOT LINE: The dividing line between two tiers of
lots or, in the case of one tier, the line abutting the narrowest
or less important street.
35) REAR YARD: A "rear
yards' is required open space, un-
occupied, except for accessory buildings or secondary dwellings, as
hereinafter provided, the full width of the lot , between the rear
wall of the building through its height and the rear line of the lot,
or where the rear lot borders on a public street or dedicated alley,
to the center line of such street or alley. in thecase of a trian-
gular lot with only one side fronting on a street, the rear yard
shall be the open space , unoccupied except for accessory buildings
or secondary dwellings as hereinafter provided, between the rear
wall of the building and a line half way between it and the points
of intersection of the side lines of the lot.
36) REVERSED FRONTAGE: Corner and other lots at either end of
a block originally facing or later subdivided to face an intersect-
ing street at approximately right angles to the remaining interior
lots of said block.
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reality, constructed so as to provide a dwelling for two or more
families and which has a common entrance from outside.
39) SIDE YARD: A "side yard" is a required open, unoccupied
space within the lot between a side lot line and the parts of the
building nearest to such a side lot line. such side yard must ex-
tend through for its required width from the street line or the
front yard to the rear yard or its equivalent to another street.
40) SMALL ANNOUNCEMENT SIGN: A "small announcement sign or
name plate" shall mean a sign or plate not more than one square foot
in area.
41) STREET: A public thoroughfare not less than 30 feet wide.
The Ocean Front Beach is included and defined as a street.
42) STREET LINE: A "street line" is the dividing line between
a street and a lot.
43) STRUCTURE: Includes the terms building, appurtenance,
wall, platform, staging or flooring used for standing or seating
purposes; a shed, fence , sign or billboard on public or private
property, or on, above or below a public street or highway. .
44) STRUCTURAL ALTERATIONS: Any change in the supporting
members of a building such as foundations, walls, columns, beams or
girders.
45) UPPER STORY: Any story above the first or ground story.
46) USED: Includes designed or intended to be used.
47) WIDTH OF A COURT: "Width" as applied to an outer court
and to a lot line court shall mean the horizontal width of the open
side of the court; and "width" as applied to an inner court shall
mean the lesser dimension and "length" shall mean the greater
dimension.
48) WIDTH OF A LOT: Is its mean width measured et right angles
fn its death_
ARTICLE III.
GENERAL PROVISIONS.
The following provisions, in Paragraphs (A) through (T) , under this
Article shall apply in both the Residence and Business Districts,
except where the context specifically indicates its application to
Residence Districts only or Business Districts only.
A) FENCES OR WALLS.
Fences or walls over 4 feet and under 6 feet high and over one-
quarter solid, except retaining walls standing within a prescribed
yard or court, shall not be nearer than 3 feet to the front or side
lot lines. Fences or walls over 6 feet high and over one-quarter
solid, except retaining walls standing within a prescribed yard or
court, shall not be nearer to the front or side lot lines than the
building set back lines as hereinafter prescribed in Article III
L) , (1) and (2).
B) EXISTING BUILDINGS.
Except as hereinafter provided, no building or premises shall
be used, constructed, reconstructed, extended or structurally alter-
ed except in conformity with the provisions of this Ordinance which
apply to the District in which it is located. Provided, however,
that any non-conforming use existing at the time of the passage of
this Ordinance may be continued or changed to another non-conforming
use not substantially different in its purpose or manner of applies-
tion, end no more harmful or objectionable, provided that the build-
ing involved shall be neither structurally altered or enlarged to ani
extent greater than 50 per cent of the assessed value of the build-
ing at the time of the passage of this Ordinance, unless the build-
ing in all parts shall conform to the height and area provisions of
this Ordinance for the District involved. No- non-conforming use,
if once changed to a use permitted in the District in which it is
located, shall ever be changed back to a non-conforming use.
D) COURTS REQUIRED.
A yard or court on the same lot and conforming with the re-
quirements of this Ordinance shall be provided whenever needed to
give adequate light and ventilation to any room in which persons
live, sleep, work or congregate.
E) LOSS BY FIRE-.
Nothing in this Ordinance shall prevent the restoration of a
building destroyed less than 50 per cent of the assessed value,
exclusive of the foundations, by fire, explosion, Act of God, or
act of a public enemy subsequent to the passage of this Ordinance,
or shall prevent the continuance of the use of such building or
part thereof as such use existed at the time of such destruction
of such building or part thereof.
F) SPACE ALLOWANCE FOR ALLEYS.
Where there is a public or private alley along the side or rear
of a lot, one-half the width thereof may be applied to the required
side or rear yard space, provided such alley is a matter of public
record and that no eave or projection fixed or movable, including
blinds, garage, doors, canvas awning, et cetera, extends over such
alley for more than two feet nor less than 14 feet above grade.
G) TRAFFIC VISIBILITY ACROSS CORNERS.
In any Residence District, no fence, sign or any planting shall
be maintained within 20 feet of any corner street curb line inter-
section so as to interfere with traffic visibility across the corner.
This does not apply to fences or plants on private property no more
than 4 feet in height above the level of the point of intersection
of the center lines of the streets intersecting.
H) ADJOINING DISTRICTS.
When a Residence District adjoins a Business District, the adjoin-
1 ---s is _• - - - - - --- -- - ----' -it - ---- -'- - 't L - "-----! 1_-3 -"2LL r.....i
I) UNSAFE BUILDINGS.
Nothing in this Ordinance shall prevent the strengthening or
restoring to a safe condition of any building or wall declared un-
safe by the Building Inspector.
J) ACCESSORY BUILDINGS.
Accessory buildings or structures, the use of which is incident
to the main building, including private garages, servants' quarters,
wood sheds, tool rooms, et cetera, shall not be more than one story
in height and shall not contain an aggregate floor area of more than
12 per cent of the lot area, except that space may be provided for
three motor vehicles in any case. No part of any such buildings or
structures shall be nearer than 3 feet to any side lot line or near-
er than 5 feet to any rear lot line. No part of any: accessory build-
ing situated within 65 feet of any street line shall be nearer than
10 feet to any lot line intersecting such street, .which serves as a
side lot line , to any lot located in any Residence District. Space
shall not be leased or let for any use or purpose other than those
incident to the use of the main building. Accessory buildings must
be built after and in rear of the main building.
On a corner lot, no part of any accessory building shall project
in front of the required set back line on either street, except where
there is an existing' building on an adjoining lot, the said accessory
building may be built to the average line between the said existing
buildings and the main building to which it is incident.
K) SECONDARY DWELLINGS.
In any District, when a lot has a width of 50 feet or more and
extends from Street to Street, a. secondary single dwelling, which may
be combined with a private garage with a capacity of not more than
four motor vehicles in separate units, may be erected in the rear of
a principal dwelling, provided the secondary dwelling is not, more
and that a driveway or easement not less than 8 feet wide be main-
tained to give access thereto from the street and that no part of
a secondary dwelling shall be nearer than 5 feet to the, rear lot
line of any lot. K
L) SET BACK AND OPEN SPACES. Residence Districts Only.
1) FRONT YARD.
To provide a front yard, no story or part of any building
shall extend within one-sixth of the depth of the lot from the front
street line. Nothing in this Ordinance, however, shall require any
story or any part of any building to be set back more than the
average set back of the stories or corresponding parts of existing
buildings within 200 feet on each side of the lot and within the
same Block and District, provided, however, that the set back on the
side line of corner lots and the set back of lots abutting the rear
lot line of corner lots shall not be computed in the aforesaid
average.
In the case of lots (not corner lots) abutting the rear lot
line of corner lots, the required front yard may be reduced by one-
half of the difference between the front yard set back requirements
in Article III (L) (1) and the side yard set back requirements on
corner lots for the rear one-third of said corner lot as provided
in Article III (L) (2) .
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In the case of lots, not having a reverse frontage, re-
subdivided by recorded deed and having a lesser depth than the
average depth of the lots in the same block as, shown by a recorded
plat, the required front yard shall not be less than one-sixth of
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said average depth.
2) SIDE YARDS.
To provide a side yard, no story or any part of any build-
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On a corner lot, no story or any part of any building shall be
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nearer than 10 feet to the side street line for the front two-thirds
of the lot and nearer than 15 feet for the rear one-third of the lot.
1k Eaves and cornices shall not extend within more than on-third of
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the required open spaces over which they project, but may project 2
feet in any case. Belt courses or other ornamental features shall
not project more than 6 inches into such required open spaces.
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3) REAR YARD.
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a) To provide a rear yard, no story or any part of the
main building shall be nearer than thirty feet to the rear
lot line. In case of a lot having less than 100 feet depth
at the time of the passage of said Ordinance No. 50, one-half
of the diminution of the depth of the lot below 100 feet may
be subtracted from said depth of the rear yard, provided that
no part of the rear yard shall be less than 15 feet in depth;
and in case of a lot having a width of greater than 50 feet, the
depth of the rear yard may be diminished by one-tenth of the
width in excess of 50 feet, provided that in such case no part
of the rear yard shall be less than 20 feet;
b) Notwithstanding the provisions of sub-paragraph (a) above,
when the garage is attached to and a part of the main building,
the garage (but no other part of the main building) may extend
no nearer than one tenth of the depth of the lot to the rear
lot line, provided that in no case shall the same extend
nearer than ten feet to the rear lot line. The term "garage"
as herein used shall mean a structure or space designed
primarily for the storage of motor vehicles and used primarily
for that purpose, but said term shall also include space
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devoted to and used for household laundry purposes, storage,
servant ' s toilet and like household purposes. Said term shall
not include living quarters.
Business District lots shall not be less tnan 2bUU square' .,: ;
feet in area, provided that any lot shown on any recorded plat or
deed at the time of the passage of this Ordinance is excepted, but
the required. side yard, rear yard and courts shall conform with
Article V'II (B) , (C) and (D) and Article III (H) .
N) OUTSIDE STAIRS.
No unenclosed outside stairs shall be erected to give access to
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a front, rear or side entrance ] to other than the first story of any,', ,,...
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building_ Vi ra_as.c.anes r eaui ed_ by law _are Ganted...) and outside
ing material and construction. In Business A Districts, all build-
ings shall be of approved fira resisting material and construction.
P) HEIGHT Residence Districts Only.
No building or structure shall be erected to a height in excess
of three stories or in excess of 45 feet except in the case of a
Church, Library, Municipal or Institutional Building, no part of any
such building shall be erected in excess of a height of 60 feet.
Flag poles, radio poles and Church Spires are excepted from this
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provision Hotels and Apartment Houses may be erected to a height
in excess of 45 feet provided they conform with Article IV CO, (9)
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and (10).
Q) PUBLIC UTILITIES.
In any Residence District, Public Utilities end Public Service
Structures may be permitted with the unanimous approval of the Town
Council. In any other Districts, no such approval is required.
R) SUB-DIVISION PLAT APPROVAL.
All maps or plats creating new sub-divisions submitted to the
Town Council for Certificate of Approval as provided in Section 10,
Chapter 10275, Laws of Florida of 1925, shall, by proper dedication,
dedicate to the public use, streets having a width of not less than
50 feet and if alleys are provided, same shall have a width of not
less than 10 feet. Also a 10 foot public utilities easement over,
across or upon the rear or side lines of lots shall be reserved and
granted to the Town of Atlantic Beach. The Town Council may require
other reasonable provisions before approval.
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I S) MINIMUM LOT COVERAGE.
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In Residence Districts A, B and C the main dwelling
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shall have as a minimum the following enclosed coverage:
j 1) Within the area in said residence districts
which lies East of Sherry Drive and within the
area which lies East of Seminole Road, and also
all of the lots in said districts lying along and
abutting upon the West side of Sherry Drive, and
lying along and abutting upon the West side of
Seminole Road, 900 square feet for a one-story
IIII dwelling and 750 square feet for a 11, 2 or 3-story
dwelling. ->
2) Within the area in said Residence Districts
other than that described in sub-paragraph (1)
above, 750 square feet for a one-story dwelling
and 600 square feet for a 115, 2 or 30story dwelling
3) In Residence (D) District the-main dwelling
s shall have as a minimum an enclosed coverage of
1 500 square feet. I1
1-A. 700 square feet for a one story dwelling in Residence
A-1 District and in that portion of the Saltair sub-
h" a...:a{.,., 2nned as Residence B District lying west of
building erected or moved onto any lot in any District, except an
Unrestricted District, shall be used as a residence temporarily
or permanently, nor shall any residence of temporary character be
permitted.
ARTICLE IV
RESIDENCE "A" DISTRICT.
A) USES.
Within any Residence A Distbict, as indicated on the Zoning
Map , no building or premises shall be used and no structure shall
be erected which is intended or designed to be used in whole or in
part for any industry, trade , manufacture or commercial purpose or
for other than the following specified purposes:
1) A single detached one-family private dwelling.
2) The office of a physician or surgeon, dentist, musician,
lawyer, architect, teacher or other like professional person resid-
ing on the premises, provided that there is no display from the
1 street nor advertising excepting a small professional name plate.
3) Municipal Administrative Buildings, Municipal Recreational
Buildings, Municipal Playgrounds and Municipal Parks.
4) Public Libraries , public museums , provided there is no dis-
play visible from the street or advertising on the premises.
5) Churches and other places of worship, parish houses and
Sunday School Buildings.
6) Schools, colleges, clubs, lodges, social and
community center buildings, except those a chief activity of which
is a gainful service or activity usually conducted as a business,
bowling, and provided there is no display or
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as dancingorsuch
advertising from the street, provided the approval of the Town
t' Council secured in the following manner and a copy of which is
first filed with the Building Inspector. Approval shall be only
given by the Town Council by Resolution or Ordinance passed by a
three-fourths affirmative vote of a quorum present at a duly
li constitutied regular or special meeting.
7) Real Estate signs advertising sale , rental or lease of only
the premises on which they are maintained. Such signs not`to. be
overi,,
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back lines.
twelve square. feet in area and must conform to set4tonew
than 20 domestic fowl, per principal or main dwelling, are kept at
any ane time and that they are confined in a complete enclosure ,
both top and sides and not less than 5 feet from any lot line .
9) Hotels under 45'efeet in height, provided written consent ,
of the owners of not less than two-thirds of the lots in the . same
block and the lots in adjacent Blocks within 150 feet of'the hotel
s` ; premises is first secured and filed with the Building Inspector,
fir'.;
provided, however, that no such property owner' s consent shall be
required where the premises is within an''area indicated as 'Hotel
jk Reservation" as shown on any recorded Plat.
Hotels over 45 feet in height, provided written consent of the
owners of not less than two-thirds of the lots in the same block
and the lots in adjacent Blocks within 350 feet of the hotel
premises is first secured and filed with the Building Inspector,
provided, however, that no such property owner ' s concent shall be
required where the premises is within an area indicated aa, "Hotel
Reservation" as shown on limy recorded Plat.
10) Apartment houses under 45 feet in height, provided
written consent of the owners of not less than one-half of ,the lots
in the same block\ and the lots in adjacent blockslwithin'150 feet
of the apartment house premises is first secured and filed with the
Building Inspector, provided, however, that no such property owners
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consent shall be required-where the premises is within an area
V)
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indicated as "Hotel Reservation"--as shown on any recorded Plat.t
Apartment Houses over 45 feet in height, provided written con-
sent of the owners of not less than one-half, of the lots in the same
block and the lots in adjacent blocks within 350., feet of the apart-
ment house premises is first secured and filed withthe Building
Inspector, provided, however, that no such property owner's consent
shall be required where the premises is within an area indicated as
Hotel Reservation" as shown on any recorded Plat.
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ARTICLE IV-A
Residence A-1 District
ARTICLE V
RESIDENCE TBn DISTRICT.
A) USES.
Within any Residence B. District, as indicated on the Zoning
Map, no building or premises shall be used and no building or
structure shall be erected which is intended or designed to be
used in whole or in part for any industry, trade, manufacture or
commercial purposes or for other than one or more of the follow-
ing specified purposes.
1) Any use specified above in Article IV (A) and permitted
in Residence A Districts.
2) A single detached two-family dwelling for two families,
the units of which are detached, semi-detached or between party
walls.
ARTICLE VI
RESIDENCE ttC" DISTRICT
A) USES.
Within any Residence C District , as indicated on the Zoning
Map, no building or premises shall be used and no building or
structure shall be erected which is intended or designed to be used
in whole or in part for any industry, trade , or any manufacture or
commercial purpose , or for other than one or more of the following
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specified purposes:
1) Any uses specified above in Article IV (A) and Article V
A) .
2) A single detached multiple dwelling for three or more
families, the units of which are detached, semi-detached or between
party walls.
3) Hotels and apartment houses (no property owners' consent
shall be required as is the case in Residence A and B Districts) .
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than a small announcement sign and provided that a public
restaurant or dining room shall be allowed only as an accessory
use in such building.
5) Customary home occupations, such as millinery, dress-
making or hair dressing, et cetera, provided that there is no
display of goods visible from the street and no exterior advertis-
ing except for a small announcement sign, and provided that such
occupation shall be carried on by a person only within a dwelling
or apartment used by him as his private residence and provided
that such occupation shall not occupy more than one-third of the
area of his residence or apartment and provided that such occupa-
tion shall not be carried on in any accessory buildings.
6) The renting of rooms or the furnishing of table board in
a dwelling occupied as a private residence, provided there is no
display from the street or signboard used to advertise such use
except for a small announcement sign.
7) Schools , colleges, clubs, lodges, social and community
center buildings , except those a chief activity of which is a gain-
ful service or activity usually conducted as a business, such as
dancing or bowling , and provided there is no display or advertising
from the street.
8) Hospitals or sanitariums not for contagious disease nor
for the care of epileptics or drug or liquor patients , charitable
or eleemosynary institutions not correctional institutions nor for
the care of the insane or feeble-minded, provided written consent
of the owners of not less than two-thirds of the lots in the same
block and of the Iota in adjacent blocks within 350 feet of the
hospital , sanitarium or charitable institution premises is first
secured and filed with the Building Inspector.
9) Community garage , provided it is not more than 15 feet in
haiaht and not within 50 feet of any street line or within 15 feet
are housed in a separate unit. Such garage shall be permitted
only when no commercial service is done and no more than two
commercial vehicles of not more than 1-1/2 tons capacity is
stored. All service and selling facilities for supplies shall
be done within the building and for the use only of the owners
and tenants of such garage.
ARTICLE VI-A
Within "Residence D District" as heretofore and hereby
established, no building or premises shall be used, and
no building or structure shall be erected, which is intended
or designed to be used in whole or in part, for any purpose
except the following:
All uses and purposes permitted in "Residence A" ,
Residence B" and "Residence C" Districts, and in
addition, the following uses and purposes: Plant
nurseries, children' s nurseries, airports and related
services and facilities, golf courses, and municipal
utility and service facilities.
1)- All Residence A, B. and C . District uses.
2) Retail Stores.
3) Moving pictures or theatres.
4) Filling stations , ice delivery stations, hand laundries,
shops for making articles sold at retail on the premises, and for
any other similar enterprise, not a nuisance , for profit, the
chief characteristic of which is a service to the neighborhood,,
where not more than five workers or mechanics are regularly
employed on such work and where mechanical power not exceeding five
horse power to any one machine is used, provided that where steam
is used, it shall be generated only by the use of oil , gas,
anthracite coal or coke for fuel.
5) No internal combustion engine shall be used unless objec-
tionable vibration be eliminated and it be equipped and operated
with an effective muffler or silencer so as to eliminate objection-
able and unnecessary noise.
6) No amusement park or circus shall be located within any
7) No store, stand, sample room, sales room, shop or office
shall be used for any business , trade or commerce , or for any
personal or public service, or shall give access to any such'
use , unless if it be used for trade , it be used primarily for
retail trade or for wholesale sale by samples.
8) A public garage shall be permitted with no restric-
tions as to number of cars stored, provided that no entrance
driveway shall have less than 10 feet clear width, and no
mechanical power exceeding five rated horse power shall be used
on the premises, except for charging batteries or for lifts,.
and no automobile repair work, except emergency work, shall be
done out of doors, and provided that there shall be no openings,
except wired glass sashes with fusible links in non-combustible
frames, in the side or rear walls or roofs within 15 feet of any
lot line, except the street lines.
B) SIDE YARDS
No side yard is required, but if provided in place ofrequir-
ed court, it shall conform to the requirements of Article VII (D)
below for an outer court on the lot line , except as provided in
Article III (H) above.
C) REAR YARDS.
There shall be a rear yard on every lot except that a ground
story only where not used for residence purposes , may cover the
4w
whole area of the lot up to a height of 17 feet above the mean
level of the adjoining ground and except that no rear yard shall
be required within 50 feet of any street line behind any story and
except that where a non-resident building runs through the block
from street to street, but in all cases shall conform with Article
III (H) above , no rear yard shall be required. A rear yard shall
be 20 feet deep behind a four story or higher building, 16 feet
deep behind a three story building or rear projection therefrom,
one story building or rear projection therefrom.
When a lot is less than 100 feet deep at the time of pawsage
of this Ordinance, one-quarter of the diminution in depth of the
lot below 100 feet may be subtracted from the prescribed depth
of the rear yard, provided that no rear yard, any part of which
is more than 50 feet from any street line , shall be less that 10
feet in depth and provided that on a lot of 60 feet or less in
depth no building shall exceed 50 feet in depth.
Where a ground story is used for residence purposes, 50 per
cent of the area of the required rear yard may be occupiedby
accessory buildings up to a height of 17 feet above the mean level
of the adjoining ground. No accessory building shall be used for:
residence purposes, except that a chauffeur, or driver may have
sleeping quarters in a private garage. Chimneys or flues may be
erected within a rear yard, provided they do not exceed 5 square
feet in horizontal sectional area, and do not obstruct free venti-
lation. An open or lattice enclosed iron fire escape , or fire
proof outside stairway, or an open fire proof balcony to a fire
tower may project not more than 5 feet in a rear yard. No cornice
shall project more than 3 feet into a rear yard.
D) COURTS.
Where any part of an upper story of a non-residence building
is used for offices, studios or workshops that are not adequately
lighted from the street or rear yard, there shall be a court start-
ing tartingnotmorethan50feetbackfromthemainfrontwall. Where any
part of a story is used for living or sleeping rooms that are not
adequately lighted from the street or rear yard, such court shall
be required starting not more than 35 feet back from the main front
wall or in any case starting not more than two rooms in depth from
the main front wall . If no such part of a building is occupied for
A court on a lot line shall always be at least 5 feet deep,
except as hereinafter specified, and shall be in minimum width at
least 6 times as wide as it is deep for a four story building, five
times for three stories, four times for two stories or two stories
and an attic and three times for a one story building or one story
projection therefrom. Such court shall start at the level of the
second story window sills and not more than 17 feet above the curb
level only where the ground story is not used for residence
purposes. Provided that for each foot that a lot is less than 100
feet wide at the time of the passage of this Ordinance , two inches
may be deducted from the minimum depth of such lot line court , but
no such court shall be less than 5 feet deep. An outer court shall
be at least 10 feet wide. An inner court shall be at least one-
third as wide as it is high measured from the sills of the lowest
windows served by it to the average level of the tops of the en-
closing walls and shall always be at least twice as long as it is
wide or an equivalent area, but in no case less than 10 feet wide.
No cornice or belt course shall project more than 6 inches into
any court.
ARTICLE VIII
BUSINESS B DISTRICT COMMERCIAL: AND
LIGHT MANUFACTURING.
A) USES
In any Business B District, as indicated on the Zoning Map '
no building or other structure nor any premises shall be used and
no ,building or structure or parts of any building shall be erected
which is intended or designed, in whole or in part, for any use
other than one or more of the following specified uses:.
1) All Business A District uses.
2) Commercial and light manufacturing uses, as herein
cotton wool, clothing materials, paper, furniture , hardware , ice ,
metals, machinery, paint and paint materials, produce market,
steam laundry, cold storage plant , creamery, bottling works, cigar
factory, garment factory, printing shop, wholesale bakery, canning
factories for food or fruit products end any other light manufactur-
ing or industrial enterprise of similar character and extent, pro-
vided that no operation shall be carried on which is injurious to
other properties , or to the occupants thereof beyond 100 feet from
the premises of any such business by reason of the emission of
cinders, dust, fumes, gas, odor, noise , refuse matter, smoke, vapor
or vibration.
B) SIDE YARDS
Side yards shall conform to Article VII (B)
C) REAR YARDS
The rear yard shall conform to Article VII (C)
D) COURTS
Courts shall conform to Article Vii (D) .
ARTICLE IX
UNRESTRICTED DISTRICTS.
A) USES.
Buildings and premises may be used for any purpose, not a
nuisance and not in conflict with any other Ordinance of the Town
of Atlantic Beach, Florida.
ARTICLE X
ADJUSTMENTS
In the event of the failure of the Town Council to appoint a
Board of adjustment as provided' in Section 7 of Chapter 19688,
11[
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Special Laws of Florida of 1939, whenever it appears there. are
due notice and public hearing, to determine and vary, in the
following cases only, any such provisions in harmony with the
general purpose and intent of this Ordinance so that the public
health, safety and general welfare may be secured and substantial
justice done , and may permit only as follows:
1) The extension of an existing non-conforming building,
or the erection of a supplementary building on the same lot, even
into a more restricted District; all under such conditions as will
safeguard the character of the District and the more restricted
District.
2) The authorization of a change of a non-conforming use to
one no more harmful or objectionable in its opinion.
The holding of a public hearing shall be as follows:
Any person desiring to accomplish any of the things specified
in Paragraphs (1) and (2) of this Article shall file with the
Building Inspector a written application, together with a petition
signed by owners of not less than sixty (60%) per cent of the
property, including the owners of the adjoining property and the
owners of the property immediately opposite within a radius of two
hundred (200) feet of the property of the applicant requesting a
permit. The petition shall contain a legal description of the
property owned by each signer. The Building Inspector shall
promptly. cause to be posted, at the expense of the applicant, in
a conspicuous place on the premises, a notice advising the public .
of the desire of the applicant, also a similar notice in a daily '
paper at least twenty (20) days before the hearing, which notice
shall contain the time and place where protests may be filed, and
shall contain the time and place where protests may be filed, and
shall state that any person within a radius of two hundred (200)
feet of the applicant shall have a right to protest the changes.
Protests must be filed in writing at the office of the Building
a legal description of the property owned by each protestant.
The Building Inspector shall then transmit to the Town Council
the application and petition, together with any protests filed
with him. The Town Council shall call a public hearing, after
due notice , on tie matter. The Town Council may, if it deems
advisable , authorize the Building Inspector to issue a permit in
accordance with the application if such application is approved
in the following eases and manner: Should there be no protest,
approval shall be only given by the Town Council by Resolution
or Ordinance passed by a majority affirmative vote of a quorum
present at a duly constituted regular or special meeting; but if
there are any protests , approval shall be only given by the Town
Council by Resolution or Ordinance passed by a three-fourths
affirmative vote of a quorum present at a duly constituted regular
or special meeting. A copy of said Resolution or Ordinance shall
be first filed with the Building Inspector before a permit is
issued.
ARTICLE XI
APPEALS
In the event of the failure of the Town Council to appoint a
Board of Adjustment as provided in Section 7 of Chapter 19688,
Special Laws of Florida of 1939, any person or persons, jointly or
several,ly,aggrieved by any decision of the Town Council , or any tax
payer or any officer, Board or Bureau of the Town of Atlantic Beach
may present to a Court of Record, a petition in the same manner and
with the same limitations as provided in Section 7 of Chapter 19688,
Special Laws of Florida of 1939..
ARTICLE XII
ENFORCEMENT
A) APPLICATION FOR BUILDING PERMIT.
constriction plans, in duplicate , drawn to scale, showing also
the actual dimensions, radii and angles of the lot to be built
upon and the exact size and location on the lot of the building
and accessory building to be erected, and such other information
as may be necessary to determine and provide for the enforcement
of this Ordinance . One copy of such specifications and plans shall
be returned to the owner when approved or disapproved by the Build-
ing Inspector.
B) DUTIES OF THE BUILDING INSPECTOR.
It shall be the duty of the Building Inspector to enforce the
provisions of this Ordinance. He shall refuse to grant a permit
for the construction or alteration of any building if the building
as constructed or altered would be in violation of any of the
provisions of this Ordinance. l.ny misstatement or inaccuracy on
the application for a permit , or any violation of the provisions
of this Ordinance will be sufficient grounds for the revocation of
the permit by the Building inspector.
C) To determine the use to Well a building or premises is
being used , the Town Council of Atlantic Beach, or the Building
Inspector may, from time to time , require the owner of any building
or premises existing at the time of the passage of this Ordinance'
or thereafter erected, altered, repaired or remodeled to file with
the Building Inspector, under oath, a Certificate of Occupancy
stating or setting forth the use to which said owner is using, or
permitting to be used, any building or premises or any part thereof.
ARTICLE XIII
PENDING APPLICATION FOR BUILDING PERMIT.
Nothing herein contained shall require any change in the plans3
construction or designated use of a building for which a building
permit has been heretofore issued, or for which plans are on file
ARTICLE XIV
PENALTY FOR VIOLATION
Any person who shall violate any of the provisions of this
Ordinance or fail to comply therewith or with any of the require-
ments thereof, or who shall build or alter any building in viola- ,
tion of any detailed statement or plan submitted and approved
thereunder, shall for each and every violation or non-compliance
be guilty of a misdemeanor and, upon conviction thereof , s iaTl'"be
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1
fined not more than Five Hundred Dollars ($500.00) or be imprison-
ed for not more than ninety days, or both, and each day such
violation be permitted to exist shall constitute a separate
offense. The owner or occupant of any building pr premises or
part thereof , where anything in violation of this Ordinance shall
be placed or may be caused to exist, and any architect, builder,
contractor, agent or person employed in connection therewith, and
who may have assisted in the commission of any violation shall
each be guilty of a separate offense and, upon conviction thereof ,
shall be punistied as herein provided.
ARTICLE XV
INTERPRETATION
1) In interpreting and applying the provisions of this
At Ordinance , they shall be held to be the minimum requirements for 1"
the promotion of public health, safety and general welfare. :
2) Where the Ordinance imposes a greater restriction upon
the use of buildings or premises or upon the height of buildings
or require larger yards or courts than are imposed or required by
any existing provisions of Law or Ordinance , or by any easements,
covenants or agreements, the provisions of this Ordinance shall
control.
rt ,.,,,+411 ncs in trig ordinance shall be construed as affecting
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ARTICLE XVI
it x44.
VALIDITY
the _inva i-d4ty,pf any section or provision of . this. Ordinance
r , shall not invalidate any other section or provision thereof.
L.::: :.::''-
ARTICLE XVII
REPEAL
Each and every, all and singular, the validrovisici* of. this
Ordinance shall operate as, a eal`rep of • ch and every, all. and
singular y any provi sioh.;•,or .;provisions of anyni_n
tofore passed in conflict 'therewith 0,',
Ordinance Number C-3 of the Town of Atlantic Beach' Florida,
passed on July 13, 1936 , in accordance with the provie ions of
Chapter 16313 of the Laws of Florida, Special Acts o 1933, is
hereby repealed. Jr
ARTICLE XVIII
IN EFFECT
This Ordinance shall take effect immediately upon its becom-.
ing a law.
Passed by the Town Council of the Town of Atlantic Beach, Duval
1ounty, Florida on first reading, January 12 , 1940; passed by the '
8 4"
Fd Town- Counc-il on second reading J aanu 1940; passed by the . .i g ,
40 ‘
own Cr ncil on third and final reading, January 24, 1940; and
r .o,athe Mayor, January 24, '1940.`
s_, . .
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2 liI,r'-
Town Clerk, Town of lantic B ch,
Duval County, Flor
11:.\
Examined and approved by me this y day of e,., .., 19 O . ,if
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