2001-08-21 (meeting minutes) v •
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AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
August 21, 2001
7:00 p.m.
1. Call to Order
2. Approval of Minutes of Meeting of July 17, 2001
3. Recognition of Visitors
4. Old Business
a. Application for Variance filed by Charles E. Blumstein to add on to an existing
non-conforming use (duplex grandfathered into single family RS-2 zoning) by
constructing two townhomes at 356/358 8th Street.
b. Review of Proposed Amendments to the Code of Ordinances for the City of
Atlantic Beach, specifically to Chapter 24, Zoning and Subdivision Regulations.
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5. New Business
a. Application for Variance filed by Jubran Investments to allow an eight foot
intrusion into a ten foot required side yard setback in association with the
redevelopment of a commercial property located at 60 Ocean Boulevard.
6. Reports and Announcements
7. Adjournment
If any person decides to appeal any decision made by the Community Development Board at the
above meeting, he will need a record of the proceedings, and for such purpose, may need to
• ensure that a verbatim record of the proceedings be made, which record shall include the
testimony and evidence upon which appeal is to be based.
A
MINUTES OF MEETING OF
• COMMUNITY DEVELOPMENT BOARD
August 21, 2001
A regular meeting of the Community Development Board was held Tuesday, August 21, 2001, in the City
Hall Commission Chambers. Present were Chairman Don Wolfson, Craig Burkhart, Robert Frohwein,
Karl Grunewald, Samuel Jacobson, Mary Walker, Community Development Director Sonya Doerr and
Recording Secretary Susan Dunham.
1. Call to Order
The meeting was called to order at 7:09 p.m.
2. Approval of Minutes of Meeting of July 17, 2001
A motion was made by Mr. Burkhart, seconded by Mr. Grunewald and unanimously carried to
approve the Minutes of the Community Development Board meeting of July 17, 2001.
3. Recognition of Visitors
None.
4. Old Business
a. Application for Variance filed by Charles E. Blumstein to add on to an existing non-conforming
use(duplex grandfathered into single family RS-2 zoning) by constructing two townhomes at
356/358 8th Street.
Ms. Doerr advised that Mr. Blumstein withdrew his Application for Variance.
• b. Review of Proposed Amendments to the Code of Ordinances for the City of Atlantic Beach,
specifically to Chapter 24, Zoning and Subdivision Regulations.
Mr. Wolfson moved to address agenda item 5.a.
5. New Business
a. Application for Variance filed by Jubran Investments to allow an eight-foot intrusion into a ten-
foot required side yard setback in association with the redevelopment of a commercial property
located at 60 Ocean Boulevard.
Ms. Doerr corrected the application to reflect that the intrusion would be into a 20-foot front yard setback
instead of a 10-foot side yard setback.
Mr. Jimmy Jubran introduced himself. Mr. Jubran stated that they are requesting to build the elevator on
Ahern Street next to the stairs. He stated that the architect originally designed the elevator in the back of
the building but they have since found that this location would not work due to safety reasons. In
addition, he stated that placing the elevator on Ahern Street would allow them to designate a handicapped
parking spot right next to the elevator.
A correction to the staff report was made as follows: page 2, paragraph 2, line 2 was corrected to read
"...renovation for use as an office building and retail space..."
In response to questions from Mr. Frohwein, Mr. Fraiha,general contractor for the project, advised that
• there would be 3 feet between the side of the proposed elevator and the property line.
Mr. Wolfson stated that he recalled that on December 19, 2000, the Board asked if Mr. Jubran would
consider constructing the elevator inside the building so that there would be no impact on the setbacks.
Minutes of Community Development Board
August.21, 200,1
Page 2
• Mr. Jubran responded that they designed the residential elevator to be located in the back of
the building,
as requested, which is shown on the City approved plans. However, he stated,that when they began the
bid process,they were advised that a residential elevator would not be approved by the State. He further
stated that he could not move the elevator inside the building because the first floor is leased. Mr.
Wolfson clarified that the City approved the elevator to be located on the northwest corner of the
building. Discussion was held with regard to the exorbitant costs associated with installing the elevator
inside the building. Mr. Fraiha advised that the original elevator approved by the City was a residential
elevator which will accommodate one wheelchair. He stated that State law requires a commercial
elevator be installed based on the amount of square footage in this building.
Ms. Doerr stated that Mr. Ford concurred that the proposed location is a safer location than that of the
location originally planned because of the proximity of the parking spaces. She also stated that financial
issues should not be the reason for granting the variance,that there should be some hardship. Ms. Doerr
said that if the Board considers allowing the applicant to move the elevator to the proposed location, it is a
less visible location and it does not have quite as much exposure. She further suggested that the Board
ask the applicant how he plans to finish the concrete elevator shaft to minimize the appearance of the
shaft.
Mr. Jubran stated that the deck was going to be removed and brick pavers would be installed. Mr.
Wolfson stated that there would be less landscaping with the installation of brick pavers and the new
proposed location for the elevator. Mrs. Walker stated that she was sure that the landscape ordinance
would apply but that there is not much room for landscaping. Mr. Jubran stated that they would do
whatever they could to beautify the area.
• Mr. Wolfson stated that he recalled dialogue and assurances were made that brick and wrought iron were
going to be used to tie into Ragtime and the other side of the building. Mr. Jubran stated that the exterior
would be stucco with a simulated brick finish.
Mr. Grunewald moved to approve the variance request with the following caveats: (1)that there be
architectural banding to visually break the height of the elevator shaft; (2) instead of using brick
pavers, that they plant, wherever possible, shrubbery and/or trees and install an irrigation system;
and (3) that they present a landscape plan along with the final building plans to staff. Mr.
Frohwein seconded the motion.
Mrs. Walker stated that in the past she would always ask Mr. Worley to determine if the landscape
ordinance (Section 24-177)was going to be triggered and, if so,the ordinance states that prior to the
issuance of any building permit,that a landscape plan has been filed. Mr. Wolfson suggested that Mr.
Jubran look at the parking lot and note that every other space is an opportunity for planting trees or
shrubbery.
Mr. Wolfson distributed a memo dated November 8, 1993 from George Worley to the Community
Development Board Members, outlining the definition of unnecessary hardship (attached and made a part
of these Minutes). Mr. Wolfson stated that the building has been at this location for 50 years and there is
a limit as to what the applicant can do because of the structure. He further stated that it is cost prohibitive
to install the elevator in a location that would comply with State code.
Mr. Frohwein stated that it would be very awkward to install the elevator inside but it could be done.
However, he stated that he did not see the elevator being installed at the proposed location as that
• offensive to this site. Mr. Frohwein said that given the uniqueness of this particular piece of property,
with the parking lot in the back taking up quite a bit of space and the fact that the prior existing building
encroachments have been in place many years, he would vote in favor of the variance request.
Minutes of Community Development Board
August.21, 200.1
Page 3
Mr. Jacobson stated that this is a unique area,the building has been there for a long time,there is nothing
the Board can do about the current setback and the encroachment is not intrusive because it reaches into
what is already dead space. He stated that given the minimal nature of the encroachment,the
characteristic of what is already there, he did not think that by granting the variance request that the Board
would be compromising the purpose of the City's building codes.
Mr. Grunewald stated that he would vote in favor of the request as long as there are conditions placed on
providing a landscaping plan and that the elevator shaft has a break in height. He further stated that in all
his years working with the City, he has to agree that entering the parking lot is very dangerous and
installing an elevator shaft with an entrance into the parking lot is not a good idea.
Mr. Wolfson requested that Ms. Doerr make note of the landscaping issues. He stated that the Board
would expect every other front of the parking spaces to be planted, irrigated, lit, and the other front would
contain grass that would be maintained. In addition, he stated that the exterior stucco wall would be
finished in a brick appearance.
Mr. Wolfson stated that lighting needed to be added to the parking lot. He stated that Mr. Jubran will
have tenants working in the building at night and it will get dark early in the winter. He further stated that
Mr. Jubran would want to make it as safe as possible, not just from a driving standpoint but for
pedestrians walking to their cars, and the lights will add protection for the tenants.
Mr. Wolfson clarified that the wood deck was going to be removed,the area would be planted with trees
and Mr. Jubran would prepare a landscaping plan for Ms. Doerr's approval.
• Ms. Doerr advised the Board that she would provide Orders for variances stipulating specific conditions.
A vote was taken and the motion was approved by unanimous vote.
4. Old Business
b. Review of Proposed Amendments to the Code of Ordinances for the City of Atlantic Beach,
specifically to Chapter 24, Zoning and Subdivision Regulations.
Ms. Doerr distributed a draft of the Zoning, Subdivision and Land Development Regulations (attached
and made a part of these Minutes). Ms. Doerr requested that the Board members review the draft and call
her with any questions or comments. Mr. Frohwein requested a strike-through document to outline
changes that Ms. Doerr made to the regulations. Mr. Wolfson requested that Ms. Doerr schedule a
workshop for the Board to discuss the draft regulations.
6. Reports and Announcements
Discussion was held with regard to the continued violation of the ruling of this Board denying the
variance request to Mr. Craig Sutton, 1746 Beach Avenue.
Mrs. Walker asked Ms. Doerr how the landscaping ordinance is triggered. She also asked if the
landscaping ordinance was triggered with regard to the renovation of the new health club. Ms. Doerr
responded that she would look into this issue. The Board requested that Ms. Doerr review the landscape
ordinance requirements and bring suggestions to the Board.
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Minutes of Community Development Board
August.21, 2001
Page 4
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7. Adjournment
There being no other business or discussion, the meeting was adjourned at 10:00 p.m.
SIGNED /' /"Y /./
ATTEST 7ritirV., X9
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MEMORANDUM
To : Community Development Board Members
From: George Worley, Community Development Director
Date: November 8 , 1993
Through out the Zoning Code and especially those sections
dealing with Variances , reference is made to the term
"unnecessary hardship" . To grant a Variance the Board must
find that an unnecessary hardship exists . The problem facing
you during your deliberations is that there is no definition of
"unnecessary hardship" in the Zoning Code .
Below is the definition of unnecessary hardship taken from
Black' s Law Dictionary. Most of this definition is directly
applicable to zoning law and to your deliberations on requests
for Variances . I believe that this definition, or another in
its place , should be included in the Zoning Code to give you
all a common point of reference for your deliberations on
future Variance requests . This definition can be re-worded
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slightly to make it more easily understood by the casual reader:
UNNECESSARY HARDSHIP. Unnecessary hardship, sufficient to
establish basis for granting variance , is shown by establishing
that: physical characteristics of property are such that it
could not be used for any permitted purpose ; property could be
so used only at prohibitive expense ; or that characteristics of
the area are such that property has no value or any distress
value for any permitted purpose . Within zoning ordinance so as
to authorize granting of variance on such ground if land cannot
yield a reasonable return if used only for a purpose allowed in
zone , such exists ' where the plight of owner is due to unique
circumstances not to general conditions in the neighborhood and
use to be authorized will not alter essential character of the
locality. It has also been said that test whether terms of
zoning ordinance impose an "unnecessary hardship" depends on
whether use restriction is so unreasonable as to constitute an
arbitrary interference with basic right of private property.
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UNNECESSARY HARDSHIP. Unnecessary hardship, sufficient to
establish basis for granting variance , is shown by establishing
that : physical characteristics of a property are such that it :
1 ) could not be used for any permitted purpose ; 2 ) the property
could be used only at prohibitive expense; or 3 ) that the
characteristics of the area are such that the property has no
value for any permitted purpose . The above conditions may
constitute grounds for a variance if the plight of owner is due
to unique circumstances and not to general conditions in the
neighborhood and only if the variance to be authorized will not
alter the essential character of the neighborhood .
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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 and/or deny requests to change
zoning classifications, requests for Uses-by-Exception, requests for Variances; to hear appeals on any
decisions; and to review and approve and/or deny Plats for the Subdivision of Land.
Sec. 24-2. Purpose and intent.
The purpose of this Chapter and the Zoning Districts and regulations set forth herein is to provide for
orderly growth; to encourage the most appropriate use of Land; to protect and conserve the value of
property; to prevent the overcrowding of Land; to promote, protect and improve the health, safety,
• comfort, good order, appearance, convenience, morals and general welfare of the public; and to help
accomplish the goals and objectives of the Comprehensive Plan. Further:
(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 agreements between parties. Where any provision of this Chapter imposes restrictions
different from those imposed by any other provision of this Chapter, or any other ordinance, rule or
regulation, or other provision of law, whichever provisions are the more restrictive or impose higher
standards shall control.
Sec. 24-3. Jurisdiction.
The provisions of this Chapter shall apply to all Lands, Buildings, Structures and to the Uses within the
jurisdiction of the City. No Land, Building-or Structure shall be moved, added to or enlarged, altered or
maintained, except in conformance with the provisions of this Chapter and in conformance with the
Comprehensive Plan.
Sec. 24-4. Amendments.
For the purpose of providing the public health, safety and general welfare, the City Commission may,
from time to time, amend the provisions imposed by this Chapter. Public hearings on all proposed
• amendments shall be held by the City Commission or Community Development Board in the manner as
prescribed by Florida law.
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Sec. 24-5. Legal Status and Consistency with the Comprehensive Plan. •
Pursuant to Chapter 163.3194(1), Florida Statutes, all Development undertaken, and all actions taken in
regard to Development, shall be consistent with the adopted Comprehensive Plan. Further, all Land
Development Regulations enacted or amended shall be consistent with the adopted Comprehensive Plan,
and in the event of inconsistency between the requirements of any zoning or Land Development
Regulations, the provisions of the Comprehensive Plan shall prevail.
Secs. 24-6. through 24-15. Reserved.
ARTICLE II. LANGUAGE AND DEFINITIONS
• Sec. 24-16. Construction of language.
The following rules of construction shall apply to the text of this Chapter:
(a) The particular shall control the general.
(b) In case of any difference in the meaning or implication between the text of this Chapter and
any caption or illustrative table,the text shall control.
(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(d) A "Building" or"Structure" includes any part thereof, and may be used interchangeably. •
(e) The phrase "used for" includes "arranged," "designed," "maintained" or "occupied."
(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.
(g) The word "includes" shall not limit a term to the specified examples, but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
Sec. 24-17. Definitions.
For purposes of these Land Development Regulations, the following terms shall have the meanings as set
forth in this Section:
Abutting Property shall mean any property that is immediately adjacent to or contiguous to the subject 1111
property, or that is located immediately across any road or public Right-of-Way from the subject
property.
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Accessory Structure shall mean any Structure constructed on a Lot, not attached to the Principal
Structure, and ancillary to the Principal Structure. Pump houses for exterior well pumps not exceeding
nine (9) square feet in area and four(4) feet in height shall not be considered Accessory Structures. Pump
houses larger than nine (9) square feet or four feet in height shall be considered as a Private Garage for
the purpose of determining height and area regulations. This definition shall not include Fences, Hedges
and Walls.
Accessory Use is one that is incidental to the main Use of the premises.
Adversely Affected Person as used within this Chapter shall mean a person who is suffering or will suffer
an adverse effect to an interest protected or furthered by these Land Development Regulations or the City
of Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common with other
members of the community, but must exceed in degree the general interest in community good shared by
all persons in the community.
Alley shall mean a public or private way, which affords only a secondary means of access to property
abutting thereof, which is not otherwise designated a thoroughfare or for general traffic, and which is not
otherwise designated as a street.
Alteration shall mean any change in the arrangement of a Building; any work affecting the structural parts
of a Building; or any change in wiring,plumbing or heating and air conditioning systems.
• Animal Hospital. See Veterinary Clinic or hospital.
Apartment House. See Dwelling, Multi-family.
Applicant shall mean the title owner of record, or his authorized representative, of Lands that are the
subject of a request for a change in zoning classification, a Use-by-Exception, a Variance, appeal or any
Development Permit.
Appraised Value shall mean the value to an improvement or property as determined by a certified MIA
appraiser. For the purpose of determining the Appraised Value, the certified appraisal shall have been
performed within the previous twelve (12) months.
Assessed Value shall mean the value to an improvement or property as determined by the Duval County
Property Appraiser in the manner provided by law.
Automobile Service Station. See Service Station, Automotive.
Automotive repair shall mean the repair, rebuilding or reconditioning of motor vehicles or parts thereof,
including collision service,painting and steam cleaning of vehicles.
Bar or Lounge shall mean any place devoted primarily to the selling or dispensing and drinking of
alcoholic beverages or any place where any Sign is exhibited or displayed indicating that alcoholic
beverages are obtainable within or thereon and where such beverages are consumed on the premises.
• Block shall mean an arrangement or combination of lots, the perimeter of which abuts street Rights-of-
Way or other publicly owned Lands. This may be construed to include approved subdivision plans with
lot arrangements or combinations where only a portion of the perimeter abuts a street Right-of-Way or
public owned Land.
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Boarding House, Rooming House, Lodging House or Dormitory shall mean a Building or part thereof,
other than a Hotel, Motel or Restaurant, where meals and/or lodging are provided for compensation for
three (3) or more unrelated persons and where no cooking or dining facilities are provided in individual
rooms.
Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or
instrument of credit in any amount and form satisfactory to the City Commission. All Bonds shall be
approved by the City Commission wherever a Bond is required by this Chapter.
(a) Maintenance Bond: Upon issuance of the certificate of completion, or when required
improvements are installed prior to recording the plat, surety must be posted in the amount of one
hundred (100) percent of the original engineer's estimate of the cost of improvements. The
condition of this obligation is such that the City will be protected against any defects resulting
from faulty materials or workmanship of the aforesaid improvements for a period of one year.
(b) Performance Bond: When required improvements are installed after recording the plat, surety
must be posted in the amount of one hundred and twenty-five (125) percent of the engineer's
estimate of costs, including Landfill.
Buffering. See Screening.
Building shall mean any Structure designed or built for support, enclosure, shelter or protection of
persons, animals or property of any kind. Building shall include Structure. Any Structure constructed or •
used for a residence, business, industry or other private or public purposes, including Structures that are
accessory to such uses, provided such Structures are in compliance with the Standard Building Code.
Building Coverage. See Lot Coverage.
Building Permit shall mean any permit which authorizes the commencement of the construction of
improvements in accordance with the construction plans and specifications approved by the City under
the provisions of this Chapter and other applicable Federal, State and local regulations.
Building, Principal shall mean a Building in which is conducted the main or Principal Use of the Lot or
parcel on which the Building is situated.
Building Restriction Line shall mean the line(s) extending across the front, Figure 1
sides and rear of the property, as defined by the Setback requirement of each
Zoning District. Unless otherwise allowed by this Chapter, Development of
Buildings and Structures shall be contained within Building Restriction Lines.
See Figure 1. I , <<-'
Building Setback shall mean the minimum required horizontal distance L'T_
between the front,rear or side lines of the Lot and the front, rear or sides of the
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Building. When two (2) or more Lots under single or unified ownership are —A—
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developed as a single Development Parcel, the exterior Lot Lines of the Front
combined Parcel(s) shall be used to determine required Building Setbacks. Building R`s`ns°°°Line
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Bulkhead shall mean a fixed Structure constructed to between Land and water or marsh areas, primarily
designed to resist earth pressures.
Car wash shall mean an area of Land or a Structure with machine or hand operated facilities, used
principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include the
repair or servicing of motor vehicles.
Cemetery shall mean Land used or intended to be used for the burial of the animal or human dead and
dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in
connection with and within the boundaries of such Cemetery.
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 Completion shall mean that certificate issued by the City subsequent to the final inspection
verifying that all improvements have been completed in conformance with the requirements of this
Chapter and the approved construction plans and specifications.
Certificate of Ownership shall mean an opinion of title of a licensed attorney or title company certifying
to the City Commission, based upon an examination of an abstract of title of the Official Records of
Duval County, stating that the Applicant is the owner in fee simple of the tract. The Certificate shall also
state the names and nature of all liens, mortgages and encumbrances against the title to said tract, if any.
• Certified Survey shall mean a survey, sketch plan, map or other exhibit containing a written statement
regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor
under whose supervision said survey was prepared.
Change of Use shall mean discontinuance of an existing Use and the substitution of a different Use as
classified by these Land Development Regulations. In the case of question regarding Use, such Use shall
be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United
States Office of Management and Budget.
Child Care means the care, protection, and supervision of a child, for a period of less than 24 hours per
day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child,
in accordance with his individual needs, and for which a payment, fee, or grant is made for such care.
Child Care Facility shall include child care centers or child care arrangements which provide child care
for more than three (3) children unrelated to the operator and which receives a payment, fee, or grant for
any of the children receiving care, wherever operated, and whether or not operated for profit.
Church shall mean a Building used for nonprofit purposes by a recognized or established religion as its
place of worship. Such Building may include a residential Dwelling Unit for the pastor or minister.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for
examination and treatment by one (1) 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.
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Club shall mean a Building and facilities owned and operated by a corporation or association of persons 1111
for social or recreational purposes, but not operated primarily for profit or to render a service, which is
customarily carried on as a business.
Community Center shall mean a recreational facility or a community meeting facility.
Comprehensive Plan shall mean the local government Comprehensive Plan, which was adopted by the
City Commission pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, consistent with Chapter 163, Florida Statute, and which serves as the legal guideline for
the future development of the City. Pursuant to Florida Statutes, Chapter 163.3194(1)(b), in the case of
any inconsistency between the provisions of this Chapter and the Comprehensive Plan, the
Comprehensive Plan shall prevail.
Construction Plans and Specifications shall mean the 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, Corner.
Covenants shall mean private agreements recorded in the public records that restrict the Use of private
property. These Land Development Regulations shall not abrogate or annul any private Covenants or
agreements, provided however, that if these regulations impose a greater restriction on the Use and
Development of Land, the provisions of these regulations shall govern. The City of Atlantic Beach shall
not enforce private Covenants and agreements, however, the City shall not knowingly issue Building •
Permits that are in conflict with private Covenants. 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, exclusive of
dedicated public rights-of-way, canals and drainage ditches, lakes, rivers and jurisdictional wetlands or
Lands seaward of the Coastal Construction Control Line. Allowable Density shall be established by the
Comprehensive Plan, as may be amended.
Development shall be defined according to Florida Statutes, Chapter 380.04,as follows:
(a) Development means the carrying out of any Building or mining operation or the making of any
material change in the use or appearance of any Structure or Land and the dividing of Land into
two (2) or more parcels.
(b) The following activities or uses shall be taken for the purposes of this Chapter to involve
development, as defined in this section:
(1) A reconstruction, alteration of the size or material change in the external appearance of a
Structure on Land.
(2) A change in the intensity of use of Land, such as an increase in the number of dwelling units
in a Structure or on Land or a material increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a Structure or on Land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any •
coastal construction, as defined in F.S. Ch. 161.021.
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• (4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of
Land.
(5) Demolition of a Structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of Land.
(c) For the purposes of this Chapter, the following operations shall not be included in the definition
of Development:
(1) Work by highway or road agency or railroad company for the maintenance or improvement
of a road or railroad track, if the work is carried out on Land within the boundaries of the
right-of-way.
(2) Work by a utility and/or other person engaged in the distribution or transmission of gas or
water, for the purpose of inspecting, repairing, renewing or construction within 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 mean any Building Permit, Variance, Use-by-Exception, Plat or Subdivision
approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the
Development of Lands.
District shall mean Zoning District designations as established by the official Zoning District maps and as
set forth in Division 5 of this Chapter.
Dwelling Unit shall mean a single unit providing complete independent living facilities for a family as
defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, Multi family shall mean a residential Building designed for or occupied exclusively by three
(3) or more families, with the number of families in residence not exceeding the number of Dwelling
Units provided.
Dwelling, Single-family shall mean a Building containing one Dwelling Unit, and not attached to any
• other Dwelling Unit by any means, and occupied by one Family only.
Dwelling, Two-family(duplex) shall mean a residential Building containing two Dwelling Units designed
•
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for or occupied by two(2) families. The number of families in residence shall not exceed two families. •
Easement shall mean a grant from a property owner for the Use of Land for a specific purpose or
purposes by the general public,by a corporation or by a certain person or persons.
Eaves and Cornices shall mean typical projections from the roofing structure of a Building. Eaves and
Cornices shall not project into Required Side Yards and shall not project beyond twenty-four (24) inches
into Required Front and Rear Yards.
Exception is a departure from the general provisions of these Land Development Regulations granted
under the express provisions of the enactment itself. See Sec. 24-63.
Exception, Use-by. See Exception.
Family shall mean one or more persons, related by blood, adoption or marriage, living and cooking
together as a single housekeeping unit, exclusive of household servants. A number of persons, but not
exceeding two (2) living and cooking together as a single housekeeping unit, though not related by blood,
adoption or marriage, shall be deemed to constitute a Family.
Family Day Care Home shall mean as defined 13.y 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 or
licensed with the Department of Children and Family Services shall constitute a permitted residential use
and shall not require approval of a Use-by-Exception.
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.
Foster Home shall mean any establishment or private residence that provides 24-hour care for more than
three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the
children receiving care, and whether or not operated for profit.
Future Land Use, as used in this Chapter, shall mean the Future Land Use as designated by the adopted
Comprehensive Plan map, as may be amended.
Garage Apartment shall mean a living facility or guest quarters for not more than one family, which is
combined with a Private Garage, allowed only as set forth within Section 24-86. 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 24-86. Garage
Apartments shall remain in joint ownership with the Principal Use residential Structure. •
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111 Garage, Apartment Building shall mean a Building, designed and intended to be used for the housing of
vehicles,belonging to the occupants of an apartment Building on the same property.
Garage, Private shall mean an Accessory Structure or a portion of the Principal Building used for storage
of motor vehicles and personal property belonging to the occupants of the Principal Building. A carport
shall be considered as a Private Garage.
Garage, Public shall mean a Building or portion thereof, other than a Private Garage, designed or used
for the parking, storage and hiring of motor vehicles.
Garage, Repair shall mean a Building or portion thereof used for repairing, equipping or servicing motor
vehicles. See also Service Station.
Garage Sale shall mean the sale of personal property in, at or upon any residentially zoned property, or
upon any commercially zoned property independent of any business licensed under this Code to conduct
retail sales upon such property. Garage Sales shall include, but not be limited to, the advertising of the
holding of any such sale, or the offering to make any such sale, whether made under any other name such
as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale or any similar
designation.
Government Use shall mean the Use of Lands owned by the Federal, State or local government used for
a purpose, which is related to governmental functions. Any lawful activity is permitted without
restriction. Any Lands used by a government, which is converted to private ownership, shall comply with
• the requirements of the Zoning District and the Comprehensive Plan.
Grade, Calculated Average shall mean the average elevation of a site, calculated prior to excavation, fill
or Land balancing. The average elevation of the site shall be determined by superimposing a horizontal
grid composed of ten (10) equidistant lines by ten (10) equidistant lines, arranged such that the outer
perimeter lines shall be substantially aligned with the exterior lot lines, over the existing site. At each of
the intersections of the lines of the grid, the existing grade elevation shall be determined by a registered
Land surveyor using standard practices. The average elevation of the site shall then be determined by
adding the one hundred (100) elevations as measured at the points of intersection of the grid together and
dividing by one hundred (100). This calculated average elevation shall be used for all determinations of
Building heights on that site and shall be recorded in the records of the City. Alternatively, and by mutual
concurrence of the property owner and the zoning official, on sites where the existing grade is
predominantly flat, with few or no variations of grade, the calculated average grade may be calculated by
establishing the elevation at the points of intersection of the exterior lot lines plus one (1) point at the
approximate center of the property. All points measured shall lie on or within the lot lines of the property.
Grade, Calculated Average, Developed shall be used for Lots with existing Structures or sites where a
Structure previously existed. The 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 Calculated Average Grade for 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 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 Building heights.
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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.
Height of Building shall mean the vertical distance from the Calculated Average Grade of the Lot to the
highest point of the roof or parapet of the Building.
Home Occupation shall mean any Use conducted entirely within a dwelling and carried on by an
occupant thereof, which Use is clearly incidental and secondary to the Principal Use of the dwelling for
residential purposes and does not change the character thereof. Home Occupations shall be subject to the
provisions of Section 24-159.
Home Office shall mean an activity consisting only of a private office for use of residents only, 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 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 Districts.
Hospital shall mean any institution or clinic, , which maintains and operates facilities for overnight care •
and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but
not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial
plant, educational institution, convent or convalescent home, as previously defined.
Hotel, Motel, Motor Lodge or Tourist Court shall mean a Building as licensed by the State containing
individual guest rooms for which daily or weekly lodging is provided.
House Trailer. See Mobile Home.
Impervious Surface means those surfaces that prevent the entry of water into the soil. Common
impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking
lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or
lining of an impervious material. Wood decking elevated two or more inches above grade shall not be
considered impervious_provided that the ground surface beneath the decking is not impervious. Pervious
areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the
percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be
considered as Impervious Surfaces because of their ability to retain additional rain water, however,
decking around a pool may be considered impervious depending upon materials used.
Institutional Use shall mean the Structure and/or Land occupied by a group, cooperative, board, agency
or organization created for the purpose of carrying on functions, such as hospitals, schools, churches;
fraternal orders, orphanages and nursing or convalescent homes.
•
Junkyard. See Salvage Yard.
Kennel, Pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for
•
breeding, boarding or treatment purposes. This shall not include, Veterinary Clinics, animal grooming
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• parlors or pet shops.
Kitchen shall mean an area equipped for food storage,preparation, and/or cooking in one household.
Land shall mean the earth, water and air, above or below, or on the surface, and includes and
improvements or Structures customarily regarded as Land.
Land Development Regulations, as used within this Chapter shall have the same meaning as defined in
Section 163.3164, Florida Statutes and shall include any local government zoning, subdivision, Building
and construction or other regulations controlling the Use and Development of Land.
Landscaping shall mean any of the following or combination thereof: living materials, such as but not
limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials
commonly used in Landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms,
sculptures and fountains,but excluding paving.
Laundromat, Self-service shall mean a business that provides home-type clothes washing and drying or
ironing machines to be used by customers on the premises.
Live Entertainment includes, but is not limited to, singers, pianists, modeling of lingerie for audiences or
entertainment purposes, musicians, musical groups, bands, vocal or instrumental dancers, theatrical
shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on
and conducted in the presence of and for the entertainment and amusement of others and as distinguished
• from records, tapes,pictures and other forms of reproduced or transmitted entertainment.
Living Area shall mean the minimum floor area of a residential Dwelling Unit, as measured by its
exterior dimensions, having access from within the main living area, exclusive of carports, porches,
sheds, garages and utility rooms which are not contained within the walls of a Dwelling Unit.
Loading Space shall mean a space within the main Building or on the same Lot, providing for the
standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the
requirements of this Chapter.
Lot shall mean a parcel of Land occupied or intended for occupancy by a Use permitted in this Chapter
and having its frontage upon a Street Right-of-Way or permanent Easement, and as may be defined in
Chapter 177, Florida Statutes.
Lot Area shall mean the area formed by the horizontal plane within the Lot Lines.
Lot, Corner shall mean a Lot abutting two (2) or more Streets, or at a Street intersection or at a Street
corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior Lot
Line of the narrowest side of the Lot adjoining the Street shall be considered the front yard, unless the
existing development pattern of surrounding lots indicates otherwise. The exterior Lot Line of the longest
side of the Lot abutting the Street shall be considered a side yard and shall have a minimum setback of
fifteen (15) feet. The opposite side yard shall conform to the minimum side yard requirement of the
Zoning District in which it is located. The rear yard shall have a minimum setback of twenty (20) feet.
Lot Coverage shall mean the area of the Lot covered by all Impervious Surfaces.
• i
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.
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•
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.
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 mean those businesses commonly known as mini-warehouses, which shall be
utilized for the sole purpose of storage of tangible personal property. •
Mobile Home shall mean a Structure, transportable in one or more sections, which is eight (8) feet or
more in width and which is built on an integral chassis and designed to be used as a dwelling when
connected to the required utilities including plumbing, heating, air-conditioning, and electrical systems.
Nonconforming Lot of Record shall mean a Lot of Record containing less than the minimum site area,
site dimensions or other site requirements of the applicable Zoning District, or which is not in compliance
with the provisions of other currently effective Land Development Regulations, as may be lawfully
amended, but which was legally recorded and documented prior to the effective date of such Land
Development Regulations. (See Lot& 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 constructed 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. •
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• Office, Business or Professional shall mean a Building providing office space for business of
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, stormwater retention facilities, swimming
pools, tennis courts, or similar open air recreational facilities. Streets, Structures and screened roofed
Structures shall not be included.
Parcel shall mean a tract of Land, which may be described by metes and bounds or recorded Plat. See
also the definition for Lot.
Parking, Accessible shall mean parking spaces designed in compliance with the Americans with
Disabilities Act(ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG).
Parking Lot shall mean an open area used exclusively for the parking of motor vehicles, whether or not a
fee is charged.
Parking Space, Off-street shall mean a parking 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 specifications in this Chapter and may
be divided into spaces for standard size vehicles and compact cars.
• Permanent Control Point (PCP) shall be a secondary horizontal control monument and shall be a metal
marker with the point of reference marked thereon or a four (4) by four (4) inch concrete monument, a
minimum of twenty-four(24) inches long, with the point of reference marked thereon. PCPs shall bear the
registration number of the surveyor filing the Plat of Record.
Permanent Reference Monument (PRM) shall consist of a metal rod a minimum of twenty-four (24)
inches long, or a one and one-half(1 1/2) inch minimum diameter metal pipe a minimum of twenty (20)
inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a
minimum of six (6) inches in diameter, and extending a minimum of eighteen (18) inches below the top
of the monument, or a concrete monument four (4) inches by four (4) inches, a minimum of twenty-four
(24) inches long, with the point of reference marked thereon. A metal cap marker with the point of
reference marked thereon shall bear the registration number of the surveyor certifying the plat of record,
and the letters "PRM" shall be placed in the top of the monument.
Planned Unit Development (PUD) shall mean Land under unified control, planned and developed as a
whole as 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 163, Florida
Statutes as well as other functions as directed by the City Commission.
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Plat, replat, amended plat, or revised plat shall mean a map or delineated representation of the division •
or re-division of Lands, being a complete and exact representation of the subdivision and including other
information in compliance with the requirements of all applicable sections of this Chapter, the
Comprehensive Plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes.
Plot. See Lot or Parcel.
Principal Building shall mean the Structure or Building housing the main Use of the property.
Principal Use shall mean the primary Use of Land, as distinguished from an Accessory Use.
Property Line shall mean the exterior Lot Lines of a single Parcel or a group of Lots when two or more
Lots are considered together for the purposes of Development.
Protective covenants. See Covenants.
Public Improvement shall mean those improvements required to be dedicated to the City, including but
not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements,
water mains, sanitary sewers, storm sewers or drains, street names, signs, Landscaping, parks, permanent
reference monuments (PRMs), permanent control points (PCPs) or any other improvement required by
the City.
Public Open Space shall mean Open Space, Land or water areas, available for public use, not restricted to
members or residents. •
Public Utility Services or Facilities, Essential 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.
Recreational Vehicle(RV) shall include the following types of vehicles:
(a) Travel trailer shall mean a vehicular,portable Structure built on a chassis and towed; designed to
be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified
travel trailer by the manufacturer on the trailer; and when factory equipped for the road, having a
body width not exceeding eight(8) feet and a body length not exceeding thirty-two (32) feet.
(b) Pickup coach shall mean a Structure designed to be mounted on a truck chassis with sufficient
equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation
uses.
(c) Camping trailer shall mean a collapsible, temporary dwelling Structure covered with a water-
repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses.
(d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into
the trunk with the cover removed, and is designed for travel,recreation and vacation uses.
(e) All terrain vehicles such as dune buggies, swamp buggies and similar vehicles shall be •
considered recreational vehicles, whether or not licensed as such by the State.
•
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• August 21,2001
(f) Van shall mean a vehicle specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for y
consumption on or off the premises or within an enclosed business or Building. =+
v
E Lot Line
Right-of-way shall mean the area of a highway, road, Street, way, parkway or t I
other such strip of Land reserved for public use, whether established by 3
prescription, easement, dedication, gift, purchase, eminent domain or other lawful
means. u, V
Yard shall mean a place where discardedor salvagedmaterials, are v
E
•
SalvagedSight Triang
bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage r �
Yards shall include automobile wrecking, house wrecking and structural steel — —
materials and equipment yards, but shall not include places for the purchase or Street Right-of-Way Center
storage of used furniture and household equipment, used cars in operable
condition, or used or salvaged materials for manufacturing operations. Figure 2
Screening shall mean the required treatment of Land parallel to adjacent Lot Lines, containing either:
densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an
evergreen variety that shall form a year round visual barrier and shall reach a minimum height of six (6)
feet at maturity; or an opaque wood, masonry, brick or similarly constructed Fence, wall or barrier.
Where a Fence, wall or similar type barrier is used, construction materials, finish and colors shall be of
• uniform appearance. All screening shall be maintained in good condition. Where appropriate, a
landscaped berm may be used in place of a Fence, wall or trees.
Seat shall mean (for the purpose of determining the number of required off-street parking spaces) the
number of chairs. In the case of benches or pews, each linear 24 inches of seating shall count as one seat.
For areas without fixed seating such as standing areas, dance floors or bars, each 7 square feet of floor
space shall constitute a required Seat.
Service Station, Automotive shall mean any Building, Structure or Land used for the dispensing, sale or
offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is
performed general automotive servicing, as distinguished from automotive repairs.
Setback shall mean the required distance between the Lot Line and the Building or Structure.
Shopping Center shall mean a group of retail stores or service establishments,planned, developed, owned
and managed as an integral unit, with off-street parking provided on the property, and related in location,
size and type of shops to the trade area which the unit serves.
Sight Triangle shall mean the area within the limits described by the two (2) intersecting center lines of a
Street and a line drawn between them from points on each center line that are a prescribed number of feet
from the intersection of the center lines. See Figure 2.
Sign shall mean any written, pictorial, presentation, illustration, decoration, banner, pennant, balloon or
other device which is used to announce, direct attention to, identify, advertise or otherwise convey a
• message.
Story shall mean that portion of a Building included between the surface of any floor and the surface of
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•
the next floor above it, or if there is no floor above it, then the space between such floor and ceiling next
above it.
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, Major Collector shall mean a street carrying medium volumes of traffic collected primarily from
Minor Collector Streets and delivering the traffic to Arterial Streets.
Street, Minor Collector shall mean a street carrying relatively light volumes of traffic primarily from
Minor Collector Streets to Major Collector Streets.
Street, Private shall mean privately owned and maintained on a recorded Easement or approved by the
appropriate City agency.
Street, Public shall mean legally dedicated to public Use and officially accepted by the City.
Street Right-of-Way Line shall mean the dividing line between a Lot, tract or parcel of Land and the 110
contiguous street Right-of way. The street Right-of way line shall be considered a Property Line.
Structural Alteration shall mean any change in the supporting members of a Structure, such as bearing
walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior
walls.
Structure shall mean that which is built, constructed or erected over thirty (30) inches in height,
excluding fences not over six (6) feet in height. The term Structure and Building may be used
interchangeably.
Subdivision shall mean the division of Land, whether described by metes and bounds or by recorded plat
into two (2) or more contiguous Lots or parcels of Land. However, the division of Land into parcels of
more than five (5) acres, not involving any change to a previously recorded plat, any Street lines or public
easements shall not to be deemed a Subdivision within the meaning of this Chapter. The term
Subdivision shall include re-division or re-subdivision. Subdivisions must demonstrate compliance with
the provisions of this Chapter and the Comprehensive Plan prior to the issuance Development Permits.
Swimming Pool shall mean any constructed pool used for swimming or bathing.
Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the
general public.
Townhouse shall mean a residential dwelling constructed in a group of two or more attached units with •
property lines separating each Dwelling Unit through a common wall(s) and where ownership is in fee-
simple title to each dwelling and property. Development of Townhouses, or conversion to Townhouses,
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• shall be allowed1 ted to adequatefire wall
only in compliance with Standard Building Codes re a
separation. Further, development of Townhouses, or conversion to Townhouses, shall be allowed only in
compliance with the residential Density as established by the Comprehensive Plan, and in accordance
with proper Subdivision,platting or re-platting provisions as contained in this Chapter and Part I, Chapter
177, Florida Statutes. .
Trailer, Boat, Horse, or Utility shall mean a conveyance drawn by other motive power and used for
transporting a boat, animal, equipment or general goods.
Trailer, Coach. See Recreational Vehicle.
Trailer, House. See Mobile Home.
Travel Trailer. See 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 in these regulations, Use shall mean the lawful purpose for which Land or water,
or a Structure thereon, is designated.
Used, occupied, as applied to any Land or Structure, shall include the words "intended," "arranged,"
"designed to be used for"or"occupied by."
• Variance, Zoning. A Zoning Variance shall mean a relaxation in the terms of this Chapter where such
Variance shall not be contrary to the public interest, and where because of exceptional narrowness,
shallowness, irregular shape of a specific piece of property, or because of exceptional topographic
conditions, or other unusual circumstances particular to a specific property, the literal enforcement of
certain requirements of this Chapter would result in an undue Hardship to carry out the purpose and intent
of this Chapter, or would be contrary to the purpose and intent of this Chapter. A Zoning Variance shall
not reduce Minimum Lot Area, Lot Width or Maximum Building Height as established for the various
Zoning Districts, and a Zoning Variance shall not be used to modify the Use terms of property. A Zoning
Variance shall be approved only in accordance with the provisions as set forth in Section 24-64 of this
Chapter.
Vehicular Use Area (VUA) means those areas of a site to be used for off-street parking, employee
parking, service drives, Loading zones 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.
Yard means a required Open Space on the same Lot with a Building, unoccupied and unobstructed from
• the ground upward, except by trees or shrubbery and uncovered steps, decks, balconies or porches not
exceeding thirty(30) inches in height, or as otherwise provided within this Chapter.
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•
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.
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.
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. Eaves, cornices and other projections
shall not extend into Required Side Yards.
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, and the appeal of decisions on any matter covered within this Chapter are also set forth herein. •
Secs. 24-32 through 45. Reserved
DIVISION 2. ADMINISTRATION
Sec. 24-46. City Commission.
It shall be the responsibility of the City Commission to perform the following duties and responsibilities
in accordance with this Chapter:
(a) to enforce this Chapter in accordance with, and consistent with, the adopted Comprehensive
Plan for the City of Atlantic Beach;
(b) to make amendments to this Article and 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) after holding required public hearing and after considering a written
recommendation from the Community Development Board;
(d) to establish fees to related to the administrative costs of carrying out the requirements of this
Chapter; •
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• (e) and to appoint a Community Development Director to administer the provisions of this
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Chapter, who shall be the City Manager or his designee.
Sec. 24-47. Community Development Director.
The Community Development Director, or designee, shall have the following authorities and
responsibilities:
(a) to accomplish all administrative actions required by this Chapter, including proper notices as
specified in this Chapter or as otherwise required; the receiving and processing of appeals; and the
acceptance and accounting for fees;
(b) to provide written instructions to applicants related to the required process for requests as
required under this Chapter and to assist applicants in understanding the provisions of this Chapter;
(c) to receive and initiate the processing of all applications for changes in Zoning District
designations,Uses-by-Exception and Variances;
(d) to maintain all records relating to this Article and its administration, as may be set forth in
this Chapter or as otherwise necessary;
(e) to recommend to the Community Development Board and the City Commission, amendments
to this Chapter and the zoning map, with a written statement outlining the need for such changes;
• (f) to conduct necessary field inspections required to advise the Community Development Board
and the City Commission related to zoning matters;
(g) to review preliminary Development plans, applications for Building Permits, including site
and lot plans, to determine whether the proposed construction, alterations, repair or enlargement of a
Structure is in compliance with the provisions of this Chapter and the Comprehensive Plan; (The Building
Official's signature, stating approval, shall be required on all Building Permit applications before a
Building Permit shall be issued.)
(h) to grant minor dimensional Zoning Variances, excluding changes to Lot Area, height and
parking, or minor Variances to Development design standards as set forth in this Chapter provided the
requested Variance is not more than five (5) percent from the standard or requirement requested to be
waived;
(i) to post signs on property undergoing zoning proceedings and promptly remove these signs
after the zoning process is completed;
(j) to mail notices of zoning requests to be considered at the regularly scheduled meetings of the
Community Development Board to respective members at least seven(7) days prior to the meeting date to
allow members ample time to review the requests;
(k) and 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.
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Sec. 24-48. Local Planning Agency.
A . •
Y
The Community Development Board, as appointed by the City Commission, shall serve as the Local
Planning Agency for the City of Atlantic Beach and shall serve those functions as the local Planning
Agency as set forth in Chapter 163, Florida Statutes, including:
(a) review of those matters referred to the Community Development Board and hold regularly
scheduled meetings for the purpose of reviewing such documents;
(b) review of applications for all proposed changes in Zoning District designations, proposed
Plats, changes to previously approved Plats, Planned Unit Developments, changes to Comprehensive Plan
Future Land Use designations;
(c) transmittal to the proper governmental bodies, agencies or departments the written
recommendation of the Community Development Board, where the recommendations are called for by
this Chapter;
(d) and provision 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 CommunityDevelopment Board shall be appointed by the CityCommission. 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 this Ordinance Code. It shall be the responsibility of the Community Development
Board:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement,
administrative decision made by the Community Development Director in the enforcement of this
Chapter;
(b) To approve or deny Zoning Variances in accordance with the provisions of Section 24-64.
Applications for a 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 Code 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 Code, and shall be subject to established Code Enforcement
procedures.
(d)The Community Development Board shall not grant a Variance, which would allow a Use
that is not Permitted Use, or a permitted Use by Exception in the applicable Zoning District. In the case
of an application for a Use by Exception that is considered concurrently with an application for a •
Variance, approval of the Variance shall be contingent upon approval of the Use-by-Exception by the
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•
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• 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 Community Development Board shall not consider the Nonconforming Use of
neighboring Lands, Structures or Buildings 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 be immediately effective,
unless otherwise ordered by the Board.
Sec. 24-50. Appeals.
Appeals of administrative decisions made by the Community Development Director and appeals of final
decisions of the Community Development Board may be made by Adversely Affected Person(s) in
accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable
period of time with proper public notice, as well as due notice to the interested parties. At the hearing,
• any party may appear in person,by agent or by attorney.
(a) Appeals of administrative decisions of the Community Development Director. Appeals of a
decision of the Community Development Director may be made to the Community Development Board
by any Adversely Affected Person(s), or any officer, board or department of the City affected by a
decision of the Community Development Director made under the authority of this Chapter. Such appeal
shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order,
requirement, decision or determination being appealed. The Community Development Director shall,
upon notification of the filing of the appeal, transmit to the Community Development Board, all the
documents, plans, papers or other materials constituting the record upon which the action being appealed
was derived.
(b) Appeals of decisions of the Community Development Board. Appeals of a decision of the
Community Development Board may be made to the City Commission by any Adversely Affected
Person(s), or any officer, board or department of the City affected by any decision of the Community
Development Board made under the authority of this Chapter. Such appeal shall be filed in writing with
the City Clerk within thirty (30) days after rendition of the final order, requirement, decision or
determination being appealed. The Appellant shall present to the City Commission a petition, duly
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 that are the subject of the appeal, and all proceedings in furtherance of the
• action appealed,unless the Community Development Director shall certify to the Community
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Development Board, by reason of facts stated in the certificate, that a stay would cause imminent peril to
•
life or property. In such case, proceedings or work shall not be stayed except by a restraining order,
which may be granted by the Community Development Board after application to the officer from whom
the appeal is taken and on due cause shown.
Sec. 24-60. Reserved.
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment, repeal.
(a) The City Commission may amend, supplement, change or repeal these Land Development
Regulations, any restrictions or Zoning District boundaries as set forth in this Chapter.
(b) Proposed changes and amendments may be recommended by the City Commission, the
Community Development Board, the Community Development Director or 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.
Sec. 24-62. Change in Zoning District 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) Legal description, including the lot and block numbers and the Property Appraiser's Real
Estate Number of the property sought 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 ownership, a written consent, to the rezoning application, by all owners of
record; or
ii. 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
iii. In the case that the application is submitted by a group of contiguous property
owners, at least fifty (50) percent of the owners of the property described in the
rezoning application must provide written consent.
iv. A complete list of all property owners, mailing addresses and legal descriptions for
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• all property within three hundred (300) feet of the parcel as recorded in the
PoPrh' t subject
latest certified official tax rolls of Duval County;
v. A statement of special reasons for the rezoning as requested;
vi. Payment of the official filing fee as set by the City Commission;
vii. 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 will be
placed on the agenda of the next meeting of the Community Development Board, provided that the
request is received at least thirty (30) days prior to the meeting. The Community Development Board
shall review each request for rezoning, conduct a public hearing after due public notice, and make a
written recommendation to the City Commission. 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, and
provide a finding that the requested change in zoning is consistent with the
Comprehensive and
(3) Submit such findingsPlan; and a recommendation in support of or in opposition to the
• requested rezoning to the City Commission not more than sixty (60) days from the date
of public hearing before the Community Development Board.
(d) The City Commission shall review the recommendations made by the Community
Development Board and hold a public hearing, with due notice, to consider the request.
(e) It shall be the responsibility of the Community Development Director to give due public
notice of both Community Development Board and City Commission public hearings.
(f) Following the public hearings, the City Commission may, by ordinance, change the Zoning
District classification, 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.
(a) All applications for a Use-by-Exception shall be filed with the Community Development
Director on the proper form furnished by the Community Development Director, and said application
shall only be accepted when filed by the owner of the property under consideration or his authorized
agent. The application shall include the following information:
(1) A Legal description, including the lot and block numbers and the Property Appraiser's Real
Estate Number of the property for which the Use-by-Exception is sought;
• (2) The names and addresses of the property owners or tenants;
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(3) A description of the Use-by-Exception, which shall s specifically describe thetype, character •
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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.
(b) After the Community Development Director has received the request, the request will be
placed on the agenda of the next meeting of the Community Development Board, which shall meet the
time limit required by the Community Development Board. The Community Development Board shall
review each request for Use-by-Exception, conduct a public hearing after due public notice, and make a
written report and recommendation to the City Commission. The written report and recommendation shall
state specific reasons and findings of fact, upon which the recommendation to approve or deny has been
based.
(c) The review of any application for a Use-by-Exception shall consider:
(1) Ingress and egress to property and proposed Structures thereon with particular reference
to vehicular and pedestrian safety and convenience, traffic flow and control and access in
case of fire or catastrophe;
(2) Off-street parking and loading areas, where particular,ired
u
reqith attention to the items •
in a. above;
(3) The potential for adverse impacts to adjoining properties and properties generally in the
district resulting from excessive noise, glare and lighting, odor, traffic and similar
characteristics of the Use-by-Exception being requested.
(4) Refuse and service areas, with particular reference to the items in a. and b. above;
(5) Utilities, with reference to locations, availability and compatibility;
(6) Screening and buffering, with reference to type, dimensions and character;
(7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety,
economic effects and compatibility and harmony with properties in the district; (See
Signs and Advertising, Chapter 17.)
(8) Required yards and other open space;
(9) General compatibility with adjacent properties and other property in the district as well as
consistency with applicable provisions of the Comprehensive Plan.
(d) The City Commission shall conduct a public hearing, after due public notice, to consider the
application for Use-by-Exception and the Community Development Board's report and recommendation •
thereon, as well as citizens attending such hearing and shall deny, approve, or approve with conditions,
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1110 thea application for Use-by-Exception.
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(e) The City Commission may, as a condition to granting of any Use-by-Exception, impose
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 interest of the City, taking
into consideration matters of health, safety and welfare of the citizens, protection of property values and
other considerations material to good zoning principles and concepts.
(f) Any Use-By-Exception granted by the City Commission shall permit only the specific Use or
Uses described in the application in accordance with any terms and provisions or conditions of the
approval. Any expansion or extension of the Use of such premises, beyond the scope of the terms of the
approval, shall be unlawful and in violation of this Chapter and shall render the permit subject to
suspension or revocation by the City Commission.
(g) The City Commission may suspend or revoke a Use-by-Exception 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.
(h) If an application for a Use-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 denial.
(i) The Nonconforming Use of neighboring Lands, Nonconforming Structures or Buildings shall
• not be considered as justification for the granting of a Use-by-Exception.
(j) 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.
To request a Variance from the provisions contained in this Article, applications may be obtained from
the Community Development Director, and shall be filed in accordance with the following provisions:
(a) An application for any Variance shall be submitted, containing a complete legal description
of the property for which the Variance is requested. The application shall be accompanied by payment of
the official filing fee as set by the City Commission and a survey or Lot diagram indicating setbacks,
existing and proposed construction, as well as other significant features existing on the Lot.
(b) The signature of the owner, or the signature of the owner's authorized agent and written
authorization by the Owner for the agent to act on the behalf of the property owner.
(c) The Community Development Director shall refer the request to the Community
Development Board. In considering applications for Variances to provisions of Article, the Community
Development Board shall, before making findings of fact in a specific case, first determine that the
proposed Variance shall will not constitute any change in the Zoning Districts shown on the zoning map
and shall not impair the adequate supply of light and air to adjacent property, or materially increase the
congestion in Streets, or increase the public danger of fire and safety, or materially diminish or impair
410
established property values within the surrounding area, or in any other respect impair the public health,
safety, morals and general welfare.
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•
(d) The Community Development Board, shall within a reasonable period of time hold.a public
hearing with due public notice to consider applications for any Variance.
(e) At the public hearing, any party may appear in person or be represented by an agent..
(f) In order to approve an application for a Variance, the Community Development Board must
find that request complies with the definition of a Variance and that all of the following conditions apply:
(1) Special conditions and circumstances exist which are peculiar to the Land, Structure or
Building involved and which are not applicable to other Lands, Structures or Buildings in
the same Zoning District;
(2) The special conditions and circumstances do not result from the actions of the applicant;
(3) The Variance granted is the minimum Variance that will make possible the reasonable
use of the Land, Building or Structure;
(4) The granting of the Variance will be in harmony with the general intent and purpose of
this Chapter and the Variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
(g) The Nonconforming Use of neighboring Lands, Structures or Buildings in the same shall not
be considered as justification for the granting of a Variance. •
(h) In an application for a Variance is denied by the Community Development Board, no further
action on another application for substantially the same request on the same property shall be taken for
365 days from the date of denial.
(i) If an application for a Variance is approved by the Community Development Board, the work
to be performed pursuant to the Variance shall be commenced within 365 days from the date of approval
unless otherwise authorized by the Community Development Board.
(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. Reserved.
Sec. 24-66. Construction within Zoning Districts.
(a) Temporary construction trailers or Structures.
(1) Any person may obtain a permit for the placement and use of a temporary trailer or
Structure to be used as a construction shed and tool house for contractors and
construction workers on the site. This temporary trailer or Structure shall not be placed or
erected on the property prior to the issuance of a Building Permit for the applicable
construction, and shall be immediately removed upon completion of the construction •
project or the expiration of a period of six (6) months, whichever comes sooner, from the
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•
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1111 date of issuance of the Building Permit.
(2) It shall be a violation of this section for any person to use the construction trailer or
Structure for sales purposes without first applying to and receiving written permission
from the City Commission.
(3) Construction trailers and Structures shall not be used for the purpose of living quarters,
and the trailers or Structures shall have upon the unit, or attached thereto, an
identification sign designating the owner or company and the words construction office in
full view.
(b) All Structures. All Structures shall be constructed, altered, repaired, enlarged, moved or
demolished in accordance with applicable provisions of the Standard Building Code as well as all
applicable Federal, State and local regulations applying to the Development of Structures. This provision
shall be administered by the Building Official.
Secs. 24-67. through 24-80. Reserved.
DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. Rules for determining boundaries.
S
Where uncertainty exists with respect to the boundaries of any of the Zoning Districts, as shown on the
zoning map, the following rules shall apply:
(a) Unless otherwise indicated, the Zoning District boundaries are indicated as approximately
following property lines; Land Lot lines; center lines of streets, highways or alleys; shorelines of streams,
reservoirs or other bodies of water; or civil 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 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 use of the scale shown on
the zoning map.
(c) Where a Zoning District boundary line, as appearing on the zoning map, divides a lot under
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 by the Community Development
Director, determine the location of the boundary.
•
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Sec. 24-82. General Limitations upon the Use and Development of Land, Buildings and 1111
Structures.
(a) Use. No Structure shall be erected, and no existing Structure shall be moved, altered, added to
or enlarged, or shall any Land or Structure be used, designed or intended to be used for any purpose or in
any manner other than a Use designated in this Article, as allowed in the Zoning District in which such
Land or Structure is located.
(b)Height. No Structure shall be erected, or shall any existing Structure be moved, reconditioned
or altered so as to exceed the height limit specified for the Zoning District in which such Structure is
located. However, on Nonconforming Lots of Record, the height of Structures shall be restricted to a
percentage of the area of the such Lot compared to the minimum requirements of the Zoning District and
applying the same to the maximum Building height allowed in said Zoning District. (For example, if the
Minimum Lot Area is 5,000 square foot, and the size of the Nonconforming Lot is 2,500 square feet, a
percentage of 50 percent would be applied to the 35-foot height restrictions, resulting in an allowable
Building height of seventeen and one-half(17.5) feet.
(c)Percentage of lot occupancy. No Structure shall be erected, nor shall any existing Structure be
moved, altered, enlarged or rebuilt, or shall any Open Space surrounding any Structure be encroached
upon or reduced in any manner, except in conformity with the Building site requirements and the area and
parking space and yard regulations established for the Zoning District in which such Structure is located.
(d) Density of population. No Structure shall be constructed or used so as to provide a greater
Density of population than is allowed under the terms of the Comprehensive Plan or the limitations for •
the Zoning District in which such Structure is located.
(e) Open Space use limitation. No required 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..
(f) 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.
(g) 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 appearance only.) In
determining that the intent of this provision has been met, a minimum of five (5) of the following
elements shall be substantially different:
(1) Roof design and roof color;
(2) Exterior finish materials, excluding paint color;
(3) Window sizes and shapes;
(4) Main entry door style and location;
(5) Number of stories,
(6) Attached or detached garage, and front or side entrance garage.
(h) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory Building or vehicle in any district shall be used as a residence, temporarily or permanently, nor •
shall any such residence of temporary character be permitted.
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1111
(i) Minimum required Floor Area for residential Dwellings..
(1) One-story Single-family Dwellings: One thousand (1,000) square feet enclosed living
area.
(2) Two-story Single-family Dwellings: Six hundred fifty (650) square feet enclosed
coverage on the first floor and not less than a total of one thousand (1,000) square feet
enclosed living area.
(3) Two-family (duplex) Dwellings: Each Dwelling Unit shall have a minimum of nine
hundred(900) square feet of enclosed living area.
(4) Multi-family Dwellings:
i. Efficiency with bedroom area combined with other living areas, four hundred eighty
(480) square feet enclosed living area.
ii. One (1) bedroom with individual bedroom area permanently partitioned from other
living areas, five hundred seventy-five (575) square feet enclosed living area.
iii. Two (2) bedrooms with each individual bedroom area permanently partitioned from
the living areas, seven hundred(700) square feet enclosed living area.
iv. Three (3) bedrooms with each individual bedroom area permanently partitioned from
other living areas, eight hundred forty(840) square feet enclosed living area.
v. Four (4) bedrooms with each individual bedroom area permanently partitioned from
other living areas, nine hundred ninety(990) square feet enclosed heated living area.
Sec. 24-83. Required Yards and Permitted Projections into Required Yards.
(a) Required Yards. Unless otherwise specified in this Chapter, every part of a required Yard
shall be open and unobstructed from the Finished Grade to the sky, except for Structures that do not
exceed twenty-four(30) inches in height.
Structural Proections. Architectural
features
as windows,(b) Projections. ctural `fsuch eaves, cornices, bay windows,
cantilevered balconies, and similar elements may project a distance not to exceed twenty-four(24) inches
into Required Front and Rear Yards. No such projections shall be permitted within Required Side Yards.
(c) Mechanical equipment such as heating and air conditioning units, pumps, compressors, and
similar equipment that makes noise, shall not be located within any,Required Side Yard and 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.,(See Section 24-86)
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(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 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.
(3) No Single-family, Townhouse, Two-family or Multi-family Structure shall be allowed on
a Single-family Residential Lot or a combination of such Lots unless the total Lot Area
proposed for Development complies with the regulations as set forth in this Chapter and
with the Density limitations as set forth in the Comprehensive Plan, unless otherwise
exempted in preceding paragraph(1).
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel
in any Zoning District shall be divided to create a Lot with area or width below the
requirements of this Chapter or the Comprehensive Plan.
•
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•
(c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged to occupy greater Lot
Coverage unless such expansion or enlargement complies with other provisions of this
Chapter, including Yard Requirements, or unless a Variance has been obtained from the
Community Development Board, in accordance with the requirements of Section 24-64
of this Chapter.
(2) In the event that more than fifty (50) percent of the value of a Nonconforming Structure
is destroyed or damaged by any means, the Structure shall not shall be reconstructed
except in compliance with the provisions of this Chapter, or 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 the Street Right-of-Way
shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroachment
is removed.
(d) Nonconforming Uses.
(1) Continuation of Nonconforming Uses. Uses of Land which were lawfully created at the
time such Uses were established, but which would not be permitted by the restrictions
imposed by these Land Development Regulations or by restrictions imposed by the
Comprehensive Plan, may be continued so long as they remain otherwise lawful and in
compliance with the provisions of this Section.
(2) Relocation of Nonconforming Uses. No Nonconforming Use shall be moved in whole or
in part to any other portion of the Lot or parcel on which such Nonconforming Use is
located.
(3) Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of Land
is discontinued or abandoned for a period of six (6) months or longer, any subsequent
Use of such Land shall conform to the applicable Zoning District regulations as set forth
in this Chapter as well as provisions of the Comprehensive Plan.
• (4) In the event that more than fifty (50) percent of the value of a Nonconforming Structure,
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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) Change to the Official Zoning Map. In the case where a change in Zoning District
Map designation from Residential General, Two-Family (RG-1 or RG-1A) to Residential, Single-
family (RS-1 or RS-2) is initiated and adopted by the City Commission, 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 Use.
Furthermore, such Two-family Dwelling and any related Accessory Use shall for that particular
Use and Structure(s) not be considered as a Nonconforming Use or Structure to the extent that it
may be fully replaceable in its existing footprint. Any construction that exceeds the existing
footprint shall be in compliance with all provisions of this Chapter including minimum Yard
Requirements. In the event that such Structure is reconstructed, in whole or in part, such
reconstruction shall be in compliance with all applicable Standard Building Code requirements,
as well as other State,Federal or local regulations,
.. _. •
(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 Use. Furthermore, such 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 to the extent that it may be
fully replaceable in its existing footprint. Any construction that exceeds the existing footprint
shall be in compliance with all provisions of this Chapter including minimum Yard
Requirements. In the event that such Structure is reconstructed, in whole or in part, such
reconstruction shall be in compliance with all applicable Standard Building Code requirements,
as well as other State Federal or local regulations.
Sec. 24-87. Design and Construction Standards for Two-family Dwellings (Duplexes)
and Townhouse Units
(a) Development of Two-family (Duplex) Dwellings and Townhouses, occurring after the initial
effective date of these Land Development Regulations, shall be allowed only where Lot Area is in
compliance with the Density limitations as set forth in the Comprehensive Plan. Within areas designated
by the Comprehensive Plan for High Density residential Development, a minimum Lot Area of 2175
square feet shall be required. 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 Standard Building Code firewall separation requirements for Multi-family construction.
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(c) Dwelling Units separated by a breezeway, or similar type connection, shall be not be
considered as Two-family Dwellings or Townhouses, and shall be required to meet regulations applicable
to Single-family Use.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially
the same architectural style, colors and materials.
(e) Adjoining Two-family Dwellings or Townhouse units shall be constructed at substantially the
same time or in a continuous sequence unless an existing Structure is being renovated in the same
building footprint.
Sec. 24-86. Garage Apartments(as permitted incombination with Private Garages).
In residential Zoning Districts,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,subject to the following provisions
(a) A Structure containing a Private Garage and Garage ,Apar tment shall not exceed twenty-five
(25)feet in height;
(b) A 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 Garage Apartment.
(d) 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 a period of time less than ninety (90)
consecutive days.
(f) -.A Structure containing a Private Garage and a Garage Apartment shall remain in joint
our ership with the Print pal.Dwelling
(g) Any existing Structure containing a Private Garage and Garage Apartment that is encroaching
into the Street Right-of-Way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroachment is removed from the Right-of-Way.
Secs. 24-88 through 24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Introduction 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 for each District
shall have the purpose of implementing the goals and objectives and policies of the Comprehensive Plan.
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The following are established in this Division: •
(a) The intent of each Zoning District;
(b) Development Requirements and standards for each Zoning District:
(1) Permitted Use Classifications;
(2) Uses-by-Exception;
(3) Minimum Lot and Site Requirements;
(4) Minimum Yard Requirements;
(5) Building Restrictions.
Sec. 24-102. Zoning Districts Established.
The corporate area of the City of Atlantic Beach is divided into Zoning Districts as follows:
Zoning District Designation Abbreviation
Conservation CON
Residential, Single-family RS-1 •
Residential, Single-family RS-2
Residential General,Two-family RG-1
Residential General, Two-family RG-1A
Residential General, Multi-family RG-2
Residential General, Multi-family RG-3
Residential Mobile Home RMH
Commercial, Professional and Office CPO
Commercial, Limited CL
Commercial, General CG
Industrial, Light and Warehousing ILW
Special Purpose SP
Central Business District CBD
Sec. 24-103. Conservation Districts. (CON)
(a) Intent. The Conservation Districts are generally composed of open Land, water, marsh and
wetland areas, either publicly or privately owned, which may have 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, Permitted Uses 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, and further subject to all Federal, State and local permitting requirements. •
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(b)•
Permitted Uses. Because of thepotential for impacts to environmentallysensitive areas, all
P
proposed Uses within Conservation Districts shall be subject to review as a Use-by-Exception in
accordance with the provisions of Section 24-63.
(c) Uses-by-Exception. Within the Conservation Districts, the following Uses may be permitted
as Uses-by-Exception. Applications for Uses-by-Exception in the Conservation Districts shall identify
any existing natural resources and how impacts to such resources shall be avoided or minimized.
(1) Cemeteries;
(2) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals
and poultry;
(3) Game preserves, nature preserves; wildlife management areas, water sheds, water
reservoirs;
(4) Parks, and other similar passive recreational uses;
(5) Municipal government Buildings and facilities.
(d) Minimum Lot or Site Requirements. There are no established minimum Lot Area, Width or
Depth requirements for the Conservations Districts. Appropriate Lot and site requirements shall be
considered during the review of any proposed Use-by-Exception.
• (e) Minimum Yard Requirements. Subject to approval of Development approved pursuant to a
Use-by-Exception, the minimum Yard Requirements in the Conservation District shall be as follows:
(1) Front Yard: Twenty(20) feet.
(2) Rear Yard: Twenty(20) feet.
(3) Side yard: Ten(10) feet.
(f) Building Restrictions. Subject to approval of Development approved pursuant to a Use-by-
Exception, Building restrictions in the Conservations Districts shall be as follows:
(1)Maximum Impervious Surface: Twenty-five (25)percent.
(2)Maximum Building Height: Thirty-five (35) feet
Sec. 24-104. Residential, Single-family Districts. (RS-1)
(a) Intent. The RS-1 Zoning Districts are intended for development of low density Single-family
residential Uses.
(b)Permitted Uses. The Uses permitted in the RS-1 Zoning Districts shall be as follows:
• (1) Single-family Dwellings;
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(2) Accessory Uses as set forth in Section 24-151;
•
(3) Government Buildings and facilities;
(c) Uses-by-Exception. In the RS-1 Zonin Districts, the followingUses-by-Exception be
gMay
permitted:
(1) Churches, subject to the provisions of Section 24-153;
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood;
(3) Schools;
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the
RS-1 Zoning Districts shall be as follows:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet. •
(e)Minimum Yard Requirements. The minimum Yard Requirements in the RS-1 Zoning Districts
shall be as follows:
(1) Front yard: Twenty(20) feet.
(2) Rear yard: Twenty(20) feet.
(3) Side yard: Seven and one-half(7.5) feet.
(0 Building Restrictions. The Building restrictions in 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 are intended to apply to predominately developed areas of
Single-family Dwellings with Lots that are smaller than those in the RS-1 Zoning District.
(b)Permitted Uses. The Uses permitted in the RS-1 Zoning Districts shall be as follows:
(1) Single-family Dwellings; •
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_
(2) Accessory Uses as set forth in Section 24-151;
(3) Government Buildings and facilities;
(c) Uses-by-Exception. In the RS-2 Zoning Districts, the following Uses-by-Exception may be
permitted:
(1) Churches, subject to the provisions of Section 24-153;
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood;
(3) Schools;
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot and Site Requirements. The minimum requirements for Lots and sites in the
RS-2 Zoning Districts shall be as follows:
(1) Lot or site area: 5,000 square feet.
(2) Lot width: Fifty(50) feet.
(3) Lot.depth: 100 feet.
. (e)Minimum Yard Requirements. The minimum Yard Requirements in the RS-2 Zoning Districts
shall be as follows:
(1) Front Yard: Twenty(20) feet.
(2) Rear Yard: Twenty(20) feet.
(3) Side Yard: Combined total of fifteen(15) with a minimum five (5) feet on any Side.
(f) Building Restrictions. The Building restrictions in the RS-2 Zoning Districts shall be as
follows:
(1) Maximum Impervious Surface: Fifty(50)percent.
(2) Maximum Building height: Thirty-five (35) feet.
Sec. 24-106. Residential General, Two-family Districts (RG-1 and RG-1A).
(a) Intent. The RG-1 and RG-1A Zoning Districts are intended for development of low and
medium density Single-family and Two-family residential areas.
(b)Permitted Uses. The uses permitted in the RG-1 and RG-1A Zoning Districts are as follows:
(1) Single-family Dwellings;
1111 (2) Two-family(duplex) Dwellings;
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•
(3) Accessory Uses as set forth in Section 34-151;
(4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section
24-87;
(5) Government Buildings and facilities.
(c) Uses-by-Exception. Subject to the provisions of Section 24-63, the following Uses may be
approved as a Use-by-Exception in the RG-1 and RG-1A Zoning Districts:
(1) Child Care Centers;
(2) Churches;
(3) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood;
(4) Schools and Community Centers;
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the
RG-1 and RG-1A Zoning Districts shall be as follows: •
(1) Lot or Site Area in the RG-1 and RG-1A Zoning Districts:
i. Single-family Dwelling: 5,000 square feet.
ii. Two-family Dwelling or Townhouse
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 4,350 square feet
(2) Lot width in the RG-1 Zoning District:
i. Single-family Dwelling: Fifty(50) feet.
ii. Two-family Dwelling or Townhouse: Fifty(50) feet.
(3) Lot width in the RG-1A Zoning District:
i. Single-family Dwelling: Fifty(50) feet.
ii. Two-family Dwelling or Townhouse: Seventy-five (75) feet.
(4) Lot depth in the RG-1 and the RG-1A Zoning District: One hundred(100) feet.
(e)Minimum Yard Requirements. The minimum Yard Requirements in the RG-1 and the RG-1A •
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• Zoning Districts shall be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet
(3) Side Yard: Combined total of fifteen (15) with a minimum five (5) feet on any Side.
(f) Building Restrictions. The Building restrictions for RG-1 and the RG-1A Zoning Districts
shall be as follows:
(1) Maximum Impervious Surface: Fifty(50)percent.
(2) Maximum Building height: Thirty-five (35) feet.
Sec. 24-107. Residential General, Multi-family. (RG-2 and RG-3)
(a)Intent. The RG-2 and RG-3 Zoning Districts are intended for development of medium to high-
density Multi-family residential area.
(b)Permitted Uses. The Uses permitted RG-2 and RG-3 Zoning Districts shall be as follows:
(1) Single-family Dwellings;
•
(2) Two-family 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 34-151;
(6) Government Buildings and facilities.
(7) Family Day Care Homes and Group Care Homes.
(c) Uses-by-Exception. Subject to the provisions of Section 24-63, the following Uses may be
approved as a Use-by-Exception in the RG-2 and RG-3 Zoning Districts:
(1) Churches;
(2) Public and private recreational 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;
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•
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum Lot and site requirements for the RG-2
and RG-3 Zoning Districts shall be as follows:
(1) Lot or Site Area:
i. Single-family Dwellings: 5,000 square feet.
ii. Two-family Dwelling or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 4,350 square feet
iii. Multi-family Dwellings: Minimum 5000 square feet, with allowable additional units
determined by the Density limitations as set forth in the Comprehensive Plan;
(2) Lot width in the RG-2 and RG-3 Zoning Districts:
i. Single-family Dwellings: Fifty(50) feet.
ii. Two-family Dwellings and Townhouses: Fifty(50) feet.
iii. Multi-family Dwellings: Seventy-five (75) feet. 111
(3) Lot depth in the RG-2 and RG-3 Zoning Districts: One hundred(100) feet.
(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 total of fifteen (15) with a minimum five (5) feet
on any Side.
ii. Two-family(duplex) Dwellings and Townhouse: Seven and one-half(7.5) feet.
iii. Multi-family Dwellings: Fifteen(15) feet.
(f) Building restrictions. The Building 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.
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•
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. The areas are not intended for permanent Single-family
Dwellings.
(b) Permitted uses. The uses permitted in these districts are mobile home parks or mobile home
subdivisions.
(c) Uses-by-exception. In the RMH Zoning Districts, the following Uses may be approved as
Uses-by-Exception:
(1) Service and recreational facilities intended to serve the requirements of the residents of a
mobile home park having a minimum of seventy-five (75) Lots or spaces;
(2) Government Buildings and facilities.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the
RMH Zoning Districts shall be as follows:
(1) Lot or site area: Mobile Home Parks - 4,000 square feet;
Mobile Home Subdivisions -minimum site area of five (5) acres.
i (2) Lot width: 40 feet.
(3) Lot depth: 100 feet.
(e)Minimum Yard Requirements. The minimum Yard requirements in the RMH Zoning Districts
shall be as follows:
(1) Front yard: Twenty(20) feet.
(2) Rear yard: Twenty(20) feet.
(3) Side yard: Seven and one-half(7.5) feet.
(f) Building Restrictions. The Building restrictions in the RMH Zoning Districts shall be as
follows:
(1) Maximum Impervious Surface: Fifty (50)percent.
(2) Maximum Building height: Twenty (20) feet.
Sec. 24-109. Commercial, Professional and Office (CPO)
(a) Intent. The CPO Zoning Districts are intended for small, neighborhood scale businesses and
professional offices and with design which make such Uses compatible to Single-family residential
Zoning Districts.
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Permitted uses. The Usespermitted in the Commercial, Professional and Office Zonin •
(b) g
Districts shall be as follows:
(1) Medical and dental offices (but not clinic or hospital); chiropractor offices, licensed
massage therapist offices.
(2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor,
optometrist and similar uses.
(3) Business offices such as real estate broker, insurance agent, stock broker and similar uses.
(4) Single-family Dwellings.
(c) Limitations. All Uses in the CPO Zoning Districts shall be subject to the following
conditions:
(1) No retail sales, display or storage of merchandise shall be permitted.
(2) No vehicles other than passenger automobiles, and no trucks exceeding three-quarter ton
capacity, shall be shall be parked on a daily or regular basis in CPO Zoning Districts .
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no
machinery shall be used other than normal office equipment such as typewriters,
calculators, computers, bookkeeping machines shall be used in association with any Use
located in the CPO Zoning Districts. •
(d) Uses-by-Exception. In the CPO Zoning Districts, the following Uses-by-Exception may be
approved:
(1) Limited retail sales in conjunction with a permitted professional service being rendered
on the same premises.
(2) Medical or dental clinic, hospital, child care center, church.
(3) Medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses,
hearing aids and similar products.
(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.
(e)Minimum Lot or Site Requirements. The minimum Lot or site requirements in the CPO Zoning
Districts shall be as follows:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet. •
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•
(3) Lot depth: 100 feet.
(f) Minimum Yard Requirements. The minimum Yard Requirements in these districts are as
follows:
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building Restrictions. The Building restrictions in these districts are as follows:
(1� Maxum Imperviot s ack...SO3:4! aQ)p ga
(2) Maximum Building height: Thirty-five (35) feet.
Sec. 24-110. CL commercial limited district.
(a) Intent. The CL Districts are intended for low intensity commercial uses and businesses and
commercial offices which are suitable within close proximity to RS Districts, however,
with regulation and oversight certain uses-by-exception within this district would be
appropriate.
1111 (b)Permitted uses. The Uses permitted in these districts are as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry;
but not sale of lumber, hardware or Building materials or similar uses.
(2) Art galleries, libraries, museums;
(3) Medical and dental offices,but not clinics or hospitals;
(4) Professional offices such as accountants, architects, attorneys, engineers, optometrists
and similar uses;
(5) Business offices such as real estate broker, insurance agents, manufacturing agents and
similar uses;
(6) Banks and financial institutions;
(7) Convenience food stores but not Supermarkets;
(8) Apothecaries;
(9) Government Buildings and facilities.
•
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