12-23-80 v r ,
MEMORANDUM TO: Local Planning Agency and Citizen Advisory Committee
Subject: Outline of Land Development Code for Atlantic Beach
From: Marvin Hill, Planning Consultant
Date: December 23, 1980
Phase I of the current 701 contract consisted of a review of the zoning and
subdivision regulations for Atlantic Beach, Jacksonville, and a model code
prepared for the Northeast Florida Regional Planning Council. The purpose
of this review was to determine a format for the Atlantic Beach Code which
would be compatible and meet the needs of Atlantic Beach toward implementing
the Comprehensive Plan.
It was agreed at the December 3, 1980 meeting of the LPA that the Atlantic
Beach Land Development Regulations combine the desirable features of "A Model
Land Development Code for Small Communities in Northeast Florida" and the
Jacksonville "Land Use" code.
The model ordinance combines the zoning ordinance and the subdivision regula-
tions into one code. While the Jacksonville code includes both the zoning
code and the subdivision regulations in one document, "Land Use", they are
separate entities, put together for convenience.
Since the zoning ordinance and subidivision regulations will be rewritten for
Atlantic Beach, the more desirable and convenient format for this purpose is
the model code. This format is used in the attached code outline. The general
provisions and exceptions, district regulations and supplemental regulations
of both codes are quite similar. For local application, much of the terminology
will track more closely the Jacksonville Code. For example, the term "permissible
use by exception" instead of "conditional use" is used and the district regula-
tions and supplementary will be compatible with the Jacksonville code.
The legal status must be reviewed by the City Attorney to prevent overlap with
existing ordinances and the City Charter and assure conformity with applicable
laws. Chapter and paragraph numbers must also conform to the codes of the
City and language inserted for superceding the existing zoning and subdivision
ordinances.
General agreement upon this outline (with revisions) will complete Phase II of
the work. Phase III, to be developed during January, February and March 1981,
will consist primarily of the preparation of the Schedule of District Regula-
tions and supplementary regulations. Maps and charts will be used to compare
recommendations with the Comprehensive Plan. It is suggested that two meetings
per month be scheduled for joint meetings of the LPA and its Advisory Committee
during this period.
OUTLINE - LAND DEVELOPMENT CODE
I. LEGAL STATUS (Tracks Model Code)
A. TITLE
This code shall be known and may be cited as "The Land Development
Code of Atlantic Beach, Florida."
B. AUTHORITY
This code, together with all future amendments thereto, is adopted
under the terms granted by Chapters 125, 163, and 177, Florida Stat-
utes. The City Commission does hereby exercise the power to classify
land within the jurisdiction of Atlantic Beach into zoning districts;
to review, approve and/or disapprove requests to change zoning
classifications, requests for exceptional uses, and requests for
variances; to hear appeals on any decisions; and to review and
approve and disapprove plats for subdivision of land.
C. PURPOSE AND INTENT
The purpose of this code and the districts and regulations herein set
forth is to provide for orderly growth; to encourage the most appro-
priate 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:
1. In interpreting and applying the provisions of this code, these
provisions shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare of
the community.
2. It is not intended by this code to interfere with or abrogate
or annul any easements, covenants or other agreements between
parties. Where any provision of the code imposes restrictions
different from those imposed by any other provision of this
code or any other ordinance, rule or regulations, or other pro-
vision of law, whichever provisions are more restrictive or im-
pose higher standards shall control.
D. JURISDICTION
The provisions of this code shall apply to all land, buildings, struc-
tures and to the uses within the jurisdiction of Atlantic Beach.
No land, building or structure shall be moved, added to or enlarged,
altered or maintained, except in conformity with the provisions of this
code.
E. ENACTMENT
The provisions of this code shall take effect and be enforced immediately
after its adoption.
F. VALIDITY
If any provision of this code is held invalid or unconstitutional
by any court of competent jurisdiction, such a decision shall not
affect the validity of any other provision of this code.
G. AMENDMENTS
For the purpose of providing the public health, safety and general
welfare, the City Commission may, from time to time, amend the provi-
sions imposed by this code. Public hearings on all proposed amend-
ments shall be held by the City Commission or Planning Board in
the manner prescribed by law.
II. LANGUAGE AND DEFINITIONS
A. CONSTRUCTION OF LANGUAGE
The following rules of construction apply to the text of this ordi-
nance.
1. The particular shall control the general.
2. In case of any difference of meaning or implication between the
text of this ordinance and any caption or illustrative table,
the text shall control.
3. The word "shall" is always mandatory and not discretionary. The
word "may" is permissive.
4. Words used in the singular shall include the plural, and the
plural the singular, unless the context clearly indicates the
contrary.
5. A "building" or "structure" includes any part thereof.
6. The phrase "used for" includes "arranged for," "designed for,"
"amintained for" or "occupied for".
7. The word "person" includes an individual, a corporation, a part-
nership, an incorporated association or any other similar entity.
8. Unless the context clearly indicates the contrary, where a regu-
lation 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:
a. "And" indicates that all the connected items, conditions,
provisions or events shall apply.
b. "Or" indicates that the connected items, conditions, pro-
visions or events may apply singly or in any combination.
c. "Either. . .or" indicates that the connected items, condi-
tions, provisions or events shall apply singly but not in
combination.
9. The word "includes" shall not limit a term to the specified ex-
amples, but is intended to extend its meaning to all other
instances or circumstances of like kind or character.
B. DEFINITIONS
For purposes of this ordinance, the following terms shall have the
meanings set forth in this section. The model code provides a very
comprehensive list of definitions which will be reviewed during the
development of this code for applicability. Definitions for sub-
division regulations are included in this section.
III. ZONING REGULATIONS
A. SCOPE
The provisions of this code shall be administered in accordance with
the rules set forth in this section and the detailed regulations
governing each district. Administrative procedures and the
responsibilities of the Administrative Official, City Commission,
Planning Board, and Board of Adjustment are set forth. Procedures for
filing applications for changes and amendments to this code, appealing
decisions on any matter covered in this code, notification of
violations and penalties for violations have been included.
B. ADMINISTRATION
1. The City Commission
Responsibilities and duties of the City Commission in accordance
with the Code.
2. Administrative Official
There is hereby created the position of Administrative Official
who shall have the following powers and responsibilities:
List of powers and responsibilities
3. Planning Agency
Establish Planning Agency to act in advisory capacity to the City
Commission, specify procedures of operation in accordance with
Chapter 163 F.S. , and define duties and responsibilities.
(Coordinate with Charter provisions)
4. Board of Adjustment
Establish Board of Adjustment, specify procedures of operation in
accordance with Chapter 163 F.S. and define duties and responsibilities
(Coordinate with Charter provisions)
a. Powers and Duties
b. Appeals of Administrative Actions
c. Decisions
d. Appeals of Decisions of Board of Adjustment
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C. APPLICATION PROCEDURES
1. General
The City Commission may from time to time amend, supplement,
change or repeal the Zoning Regulations, restrictions or district
boundaries as set out in this ordinance.
Proposed changes and amendments may be suggested by the City
Commission, the Planning Board, a property owner for his own
land or by petition of the owners of fifty-one (51) percent or
more of the area involved in a proposed district boundary change.
2. Change of Zoning Classification Procedure
The following steps are to be followed to request a change in
zoning classification:
To be developed.
3. Exceptional Use Request Procedure
The following steps are to be followed to request a permitted use
by exception:
To be developed.
4. Variance Request Procedure
To request a variance from the regulations contained herein, because
there are practical difficulties or unnecessary hardships in
carrying out the strict letter of this ordinance, applications can
be obtained from the Administrative Official under the following
conditions:
To be developed.
5. Decision Appeal Procedure
The following steps are to be followed to appeal any decision:
To be developed.
6. Building Permit Procedure
The following requirements must be complied with:
To be developed.
7. Construction Within the Districts
a. Temporary Construction Trailers or Structures
b. All Structures
To be developed
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D. ENFORCEMENT
1. Authority
The Administrative Official is hereby designated and authorized
to enforce this chapter, except as otherwise herein specifically
provided.
2. Penalties for Violations
E. GENERAL PROVISIONS AND EXCEPTIONS
1. Rules for Determining Boundaries
2. General Restrictions Upon Land, Buildings and Structures
3. Substandard Lots of Record
4. Yards
5. Nonconforming Uses or Buildings
F. DISTRICT NOMENCLATURE
District Titles
G. SCHEDULE OF DISTRICT REGULATIONS
This section will be the subject of the next phase of the work. This
section will coordinate the districts with the Comprehensive Plan
outlined as follows:
a. Statement of intent for each district
b. Permitted uses and structures
c. Permitted accessory uses and structures
d. Permitted uses by exception
e. Minimum lot requirements
f. Minimum lot coverage
g. Minimum yard requirement
h. Maximum height of structures
H. SPECIAL USE DISTRICTS
1. Planned Unit Development (PUD) District
2. Flood Hazard (FH) District
To be developed
I. SUPPLEMENTARY REGULATIONS
In addition to the permissible uses by exception listed in the schedule
of district regulations, the following uses shall be permissible by
exception in the districts indicated and shall conform to all
supplementary regulations listed under such use:
NOTE: The following list is not complete. It only gives examples
of subject matter to be included in this section.
a. Animals
b. Home occupations
c. Child care centers
d. Parking lots
e. Mobile homes
f. Cemeteries
g. Railroads
h. Churches
i. Golf courses
j . Borrow pits
k. Landscaping
1. Off-street parking and loading
m. Performance standards
n. Service stations
o. Signs
p. Swimming pools
q. Temporary structures
To be developed
IV. SUBDIVISION REGULATIONS
A. GENERAL PROVISIONS (Tracks Model Code)
1. Purpose and Intent
The public health, safety, comfort and welfare require the
harmonious, orderly and progressive development of land. The sub-
division of land is a vital step in the urbanization process and
the progress of the community's development. Once land has
been shaped into lots, blocks and streets, correction of defects
is costly and difficult. Substantial public responsibility is
created by each new subdivision, involving the maintenance of
streets, drainage, utilities and other health facilities and the
provision of additional puboic services. As the general welfare,
health, safety and convenience of the community are thereby
directly affected by the use of land as a subdivision, it is in the
interest of the public that subdivisions be designed and developed
in accordance with sound rules and proper minimum standards.
The purpose and intent of the Subdivision Regulations is as
follows:
a. To establish reasonable and equitable standards of subdivi-
sion design and procedures for the subdivision of land that
will encourage stable communities and the creation of healthy
living environments which preserve the natural beauty and
topography and ensure appropriate development with regard
to these natural features.
b. To ensure that public facilities and utilities are available
and will have a sufficient capability and capacity to
service land developments and their occupants.
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c. To prevent traffic hazards and to require the provision of
safe and convenient vehicular and pedestrian traffic circu-
lation in land developments, having particular regard to
the avoidance of congestion in the streets and highways,
and the pedestrian traffic movements appropriate to the
various uses of land and buildings, and to provide for the
proper location, widths and design of streets.
d. To coordinate the furnishing and establishment of streets,
drainage and utilities in an orderly planned manner to
ensure protection of the environment and promotion of the
general welfare.
e. To increase safety from fire, flood and other danger.
f. To provide for adequate light, air and privacy, and to
prevent overcrowding of the land and undue congestion of
the population.
g. To ensure proper legal descriptions and monumenting of
subidivided land.
h. To prevent or reduce the pollution of air, streams and
ponds; to assure the adequacy of drainage facilities; to
safeguard the water table; and to encourage the wise use
and management of natural resources throughout the juris-
diction of Atlantic Beach in order to preserve the
integrity, stability and beauty of the couuuunity and the
natural value of the land.
i. To provide for open spaces and recreational areas through
the most efficient design and layout of the land.
j . To guide the future growth and development of Atlantic Beach,
in accordance with the Comprehensive Plan and the Zoning
Ordinance.
2. Waiver
a. General
Where the City Commission finds that undue hardship or un-
reasonable practical difficulties may result from strict
compliance with this ordinance, the City Commission may
approve a waiver to the requirements of this ordinance if
the waiver serves the public interest.
b. Conditions of Waiver
An applicant seeking a waiver will submit to the City Commission
a written request for the waiver stating the reasons for the
waiver and the facts which support such waiver. The City
Commission shall not approve a waiver unless it determines as
follows:
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(1) The particular physical conditions, shape or topogra-
phy of the specific property involved causes an undue
hardship to the applicant if the strict letter of the
ordinance is carried out.
(2) The granting of the waiver will not be injurious to
the other adjacent property.
(3) The conditions, upon which a request for waiver are
based, are peculiar to the property for which the
waiver is sought, are not generally applicable to
other property and do not result from actions of the
applicant.
(4) The waiver is consistent with the intent and purpose
of the Zoning Ordinance, the Comprehensive Plan and
the requirements of this ordinance.
If the City Commission approves a waiver, the City
Commission may attach such conditions to the waiver as
will assure that the waiver will comply with the intent
and purpose of this ordinance.
3. Resubdivision of Land
a. Procedure for Resubdivision
For any change in a map of an approved or recorded subdivision
plat, if such change affects any street layout shown on such
a map, or any area reserved thereon for public use, or any
lot line, or if it affects any map or plan legally established
prior to the adoption of any regulations controlling sub-
divisions, such parcel shall be approved by the City Commission
by the same procedure, rules and regulations as for a sub-
division.
b. Procedure for Subdivisions Where Future Resubdivision is
Indicated
Whenever a parcel of land is subdivided and the subdivision
plat shows one (1) or more lots containing more than
one (1) acre of land and there are indications that such
lots will eventually be resubdivided into small building
sites, the City Commission may require that such parcel of
land allow for the future opening of streets and the ultimate
extension of adjacent streets. Easements providing for the
future opening and extension of such streets may be made a
requirement of the plat.
4. Vacation of Plats
An applicant may apply for the vacation of any plat or any part of
any plat at any time before the sale of any lot therein, by a
written instrument, to which a copy of such plat shall be attached,
requesting the same to be vacated.
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B. SUBDIVISION APPLICATION PROCEDURE
1. General
It shall be unlawful for any person to submit a plat for the
subdivision of land to the Clerk of the Circuit Court of Duval
County or his representative for the purpose of recording such
plat in the office of the Clerk until said plat has been
approved by the City Commission under the provisions of this
ordinance and signed by the Mayor. In the event an unapproved
plat is recorded, it shall be stricken from the public records
upon the adoption of an appropriate resolution by the City
Commission. No changes, erasures, modifications, or revisions
shall be made in any plat after approval by the City Commission
without the consent of the City Commission.
2. Plat Review Procedure
There are three stages of review for plat approval: the concept
plan review, the preliminary plat review, and the final plat
approval. A checklist is provided and is to be used in the
review of the final plat and should be consulted in earlier
stages of the subdivision process.
3. Concept Plan Review
a. Intent
The purpose of the concept plan is to provide for an initial
review of the subdivision proposal with the Administrative
Official before incurring expenses for planning studies,
surveying, engineering studies and legal information. The
developer wwll provide the Administrative Official with a
concise statement and description of the development proposal.
This step provides the developer an opportunity to avail
himself of advice and assistance to facilitate the preparation
and review of the preliminary and final plats.
b. Consistency with Other Regulations
The subdivision concept plan application will first be checked
for consistency with the Comprehensive Plan by the Administrative
Official; no subdivision application can proceed until it is
consistent with the adopted plan.
All subdivision applications will then be checked for consistency
with the adopted Zoning Regulations; no subdivision application
can proceed until it is consistent with the adopted Zoning
Regulations.
c. Required Submittals
List of minimum information necessary for review.
d. Review Process - To be determined.
e. Fees - No fee at this stage
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4. Preliminary Plat Review
a. Intent
The purpose of the preliminary plat is to permit accurate
presentation of technical data and preliminary engineering
drawings in such a manner as to allow review and evaluation
of the proposed development and its impact upon both the
site and surrounding areas.
b. Consistency with Other Regulations
A current concept plan review statement is required before
the preliminary plat can be accepted for review.
c. Required Submittals - More information than required at
Concept Plan review and includes preliminary engineering
drawings.
d. Review Process - To be determined
e. Fees - To be determined
f. Time Limit - To be determined
g. Construction Plan and Specification Review - Construction
of improvements can take place before or after recording final
plat.
5. Final Plat Review
a. Intent
The purpose of the final plat is to ensure the preparation,
completion and recording of a final plat map and its
accompanying legal documentation and the review of final
technical submittals and engineering drawings.
b. Consistency with Other Regulations
An approved preliminary plat is required before the final
plat will be accepted for review.
c. Required Submittals - To be determined
d. Review Process - To be determined
e. Fees - To be determined
6. Construction Plans, Specifications and Permits
a. Intent
An applicant must obtain a single construction permit from
the Administrative Official for the construction of all sub-
division improvements. After approval of the preliminary plat
by the City Commission and after the construction plans and
specifications have been approved by the Subdivision Inspector,
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an applicant may apply for a construction oermit under either
of the following procedures.
(1) Construction Before Final Plat Approval. The applicant
may submit construction plans and specifications, as
required in this ordinance for required subdivision
improvements, prior to final plat approval. A
Certificate of Ownership shall accompany such plans
and specifications. Once the improvements covered under
this permit are completed, a Certificate of Completion
shall be required prior to final plat approval.
(2) Construction After Final Plat Approval. The applicant
may submit construction plans and specifications, as
required in this ordinance for subdivision improvements,
after the final plat is approved if performance bonds
or other assurances are secured. The plans and specifica-
tions shall provide security required for the performance
of such construction. Once the improvements are
completed, a Certificate of Completion will be issued,
and a maintenance bond will be submitted, as required
in this ordinance.
b. Required Submittals - To be determined
c. Sewer and Water Commitment - Provide written confirmation
d. City Commission Action - Approval or disapproval after review of
finds.
e. Certification of Permanent Reference Marker Location - Certification
of registered land surveyor.
f. Issuance of Construction Permit
g. Term of Construction Permit and Revocation - To be determined
C. Required Improvements
To be determined
D. Assurance for Completion and Maintenance of Improvements
Construction of the required improvements can begin before or
after filing final plat if performance bonds or other assurances
are secured. This section will specify.
E. Design and Construction Standards
This will be a very detailed section of design standards required
for the construction of desirable subdivisions. It will specify
that all required improvements be designed by a Florida registered
professional engineer. Charts will be prepared to indicate street
requirements for the various street types. Drawings will be
included to show typical cross sections and road and parking design.
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