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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 -3- 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 -4- 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. -6- 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: -7- (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. -8- 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 -9- 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, J 1 f 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. -11-