Ordinance No. 90-07-200ORDINANCE NUMBER 90.07-200
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER
90-01-172, SAID ORDINANCE RE-ADOPTING CHAPTER 24 OF THE
CITY CODE, INCLUDING ALL SUBSEQUENT AMENDMENTS
THERETO; THIS ORDINANCE SPECIFICALLY AMENDING
SECTION 24-156, EXCEPTIONS TO HEIGHT LIMITATIONS, TO
CREATE CONSISTENCY WITH THE CITY CHARTER AND ALSO
AMENDING SECTION 24-161, OFF-STREET PARKING AND
LOADING; THESE SECTIONS CONTAINED WITHIN CHAPTER 24
OF THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC
BEACH, PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part II, Florida
Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development
Regulation Act, and Section 24-4 of the Municipal Code of Ordinances, the City Commission
has the authority to adopt and amend Land Development Regulations, and
WHEREAS, pursuant to such authority, the City has adopted a Comprehensive Plan, and
has adopted regulations to guide the future use and development of lands within the City, and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission
for the City of Atlantic Beach on July 09, 2007.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Section 24- i 56, Exceptions to Height Limitations, Zoning,
Subdivision and Land Development Regulations, is hereby amended and upon enactment shall
read as follows.
Sec. 24-156. Exceptions to Height Limitations.
Upon specific application, the City Commission may make exceptions to the maximum Height
of Buildings as set forth within this Chapter only within non-residential Zoning Districts and
only in accordance with the following.
(a) In no case shall approval be granted for any Height of Building within the City exceeding
thirty-five (35) feet, except in accordance with Section 59 of the City Charter.
(b) Requests to exceed the maximum Height of Building for certain elements of a Building may be
considered and approved only within non-residential land use categories and for non-residential
development. Further, any such non-residential increase to the maximum Height of Building
shall be limited only to exterior architectural design elements, exterior decks or porches, and shall
exclude signage, storage space or Habitable Space as defined by the Florida Building Code and
shall be approved only upon demonstration that the proposed height is compatible with existing
surrounding development.
Page 1 of 2 Ordinance 90-07-200
SECTION 2. Chapter 24, Section 24-161, Off-Street Parking and Loading, is hereby
amended and upon enactment shall read as set forth within attached Exhibit A.
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
Beach, Florida, in accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach this 25th day of
June, 2007. Passed on final reading and public hearing this 9th day of July, 2007.
~~ ~ ~ ~
DONALD M. WOLFSON
MayorlPresiding Officer
to form and correctness:
JENSEN, ESQUIRE
ATTEST
QwYCQ
DONNA L. BUSSEY, CMC
City Clerk
Page 2 of 2 Ordinance 90-07-200
EXHIBIT A
Sec. 24-161. Off-Street Parking and Loading.
(a) Purpose and Intent. Ofd street vehicular parking spaces required by this Section shall be
provided at the time of the construction or expansion of any Building for the Uses listed in this
Section. Pazking azeas shall be arranged for convenient access and the safety of pedestrians
and vehicles; shall provide barriers when located at the perimeter of a Lot to prevent
encroachment on to adjacent properties; and when lighted, lights shall be directed away from
adjacent properties. Pazking areas and driveways shall not obstruct stormwater facilities,
drainage swales or cleaz vehiculaz sight distance. Excess surface pazking is discouraged, and
in no case shall the number of extra surface parking spaces exceed ten spaces or ten (10}
percent, whichever is greater. Parking calculations demonstrating provision of required
parking shall be provided with all building permit applications submitted for review. Required
parking shall be maintained for the duration of the Use it serves.
(b) General requirements and limitations for pazking areas.
(1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof
condition kept free of litter and debris.
(2) All pazking areas shall be paved unless an alternative surface is approved by the Director of
Public Works. Any such alternative surface shall be maintained as installed, and shall be
converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic
impacts.
(3) Pazking for residential uses shall be located within paved or stabilized driveways, Private
Garages or carports or such areas intended for the day-to-day pazking of vehicles. Vehicles
shall not be routinely parked within grassed or landscaped areas of a residential Lot or on
grassed or landscaped portions of public Right-of--ways adjacent to the Lot.
(4) There shall be no sales, service or business activity of any kind within any parking area.
(5) Mechanical or other automotive repair work on any motor vehicle shall not be performed
out-of--doors within any residential Zoning District, except for minor maintenance or
emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the
occupant of the residential property.
(6) Applications to vary from the requirements of this Section shall follow the procedures set
forth in Section 24-64 (a) and (b). The Community Development Board may approve such
application only upon finding that the intent of this Section as set forth in preceding
paragraph (a) is met.
(c) Plans required. A composite site plan depicting the arrangement and dimensions of required
parking and loading spaces, access aisles and driveways in relationship to the Buildings or
Uses to be served shall be included on all plans submitted for review.
Exhibit A -Ordinance 90-07-200 Page 1 of 4
(d) Measurement. Where Floor Area determines the amount of Off-Street pazking and loading
required, the Floor Area of a Building shall be the sum of the horizontal azea of every floor of
the Building. In places of public assembly in which occupants utilize benches, pews or similar
seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor
area where no seating is provided, shall be considered one (1) seat. When computations result
in requirement of a fractional space, a fraction equal to or more than one-half shall require a
full space.
(e) Uses not specifically mentioned. Requirements for Off-Street pazking and loading for Uses not
specifically mentioned in this Section shall be the same as required for the Use most similaz to
the one sought, it being the intent of this Section to require all Uses to provide adequate Off-
Street parking and loading.
(f) Location of required Off-Street pazking spaces:
(1) Parking spaces for residential Uses shall be located on the same property with Principal
Building(s) to be served.
(2) Parking spaces for Uses other than residential Uses shall be provided on the same Lot or
not more than four hundred (400) feet away, provided that required Off-Street Pazking shall
in no case be separated from the Use it serves by Arterial Streets or Major Collector
Streets, or other similar barriers to safe access between parking and the Use. A shared
pazking agreement shall be required where off-site pazking is used to meet parking
requirements. In such cases, the Uses sharing pazking must demonstrate different peak-
hour parking needs.
(3) Off-Street parking for all Uses other than Single and Two-family Residential shall be
designed and constructed such that vehicles are not required to back into public right-of-
ways. Parking spaces shall not extend across right-of--ways including any public or private
sidewalk or other pedestrian thoroughfare.
(4) Off-Street parking spaces for any Use shall not be located where, in the determination of
the Director of Public Safety, an obstruction to safe and cleaz vehicular sight distance
would be created when Vehicles are parked in such spaces.
(g) Design requirements.
(1) Pazking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except
that smaller dimensions may be provided for single-family residential Lots, provided that
adequate on-site parking is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the Accessibility Guidelines for Buildings and
Facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within pazking lots, the minimum width for aone-way drive aisle shall be twelve (12) feet,
and the minimum width for atwo-way drive aisle shall betwenty-two (22) feet.
(4) Parking lots containing more than five (5) rows of parking in any configuration shall
provide a row identification system to assist patrons with the location of vehicles, and
internal circulation shall be designed to minimize potential for conflicts between vehicles
and pedestrians.
Exhibit A -Ordinance 90-07-200 Page 2 of 4
(h) Parking space requirements. Where existing Uses, which do not provide the required
number of Off-Street parking spaces as set forth within this paragraph are replaced with similaz
Uses (such as a restaurant replacing a restaurant), with no expansion in size or increase in
number of seats, additional pazking shall not be required. Any increase in Floor Area or
expansion in Building size, including the addition of seats shall require provision of additional
parking for such increase or expansion.
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4)
seats or seating places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business, Commercial, Retail, or Service Uses not otherwise specified: One (1) space
for each four hundred (400) square feet of gross floor area.
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space
for each two hundred (200) squaze feet of gross floor area, whichever is greater.
(6) All residential Uses: Two (2) spaces per Dwelling Unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half (1 1/2) spaces for
each hospital bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for
accessory Uses such as restaurants, lounges, etc., plus one employee space per each 20
sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross
floor area.
(10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2)
employees on the lazgest working shift, plus one (1) space for each company vehicle
operating from the premises.
(11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of
gross floor area.
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1)
space for each three (3) employees.
(13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees.
(14) Professional Office Uses: One (1) space for each four hundred (400) square feet of gross
floor area.
(15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor
seating where service occurs shall be included.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational Uses.
Exhibit A -Ordinance 90-07-200 Page 3 of 4
i. Elementary and junior high schools: Two (2) spaces for each classroom, office and
kitchen.
ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff
member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300)
square feet of gross floor azea.
(19) Child Care Centers: Two (2) spaces for each employee, plus a clearly designated drop-
off and pick up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor
azea.
(i) Off-Street loading spaces: Off-Street loading and delivery spaces shall be provided that are
adequate to serve the Use such that interference with routine parking, pedestrian activity and
daily business operations is avoided. Where possible, Loading and delivery azeas should be
located at the reaz of a site and shall not be required to back into a public Right-of--way.
(j) Additional requirements for multi-family residential uses. New multi-family residential
Development shall provide adequate area designated for parking of routine service vehicles
such as used by repair, contractor and lawn service companies. For new Multi-family
development located east of Seminole Road, three (3) spaces per Dwelling Unit shall be
required in order to accommodate increased parking needs resulting from beach-going visitors.
(k) Bicycle Parking. All new Development including any redevelopment or expansion that
requires any change or reconfiguration of pazking areas, except for Single and Two-family
residential Uses, shall provide bicycle parking facilities on the same site, and such facilities
shall be located as close to the building entrance as possible, in accordance with the following.
(1) Bicycle parking facilities shall be sepazated from vehicular parking azeas by the use of a
fence, curb or other such barrier so to protect pazked bicycles from damage by cars.
(2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames
or components shall be provided. Bicycle parking shall be located in areas of high visibility
that are well lighted.
(1) Parking areas and tree protection. Where Protected Trees exist within a proposed pazking
area, and where more than ten (10) spaces are required, the City Manager may reduce the
number of required spaces solely for the purpose of preserving such Protected Trees. An
acceptable tree protection plan shall be provided to and approved by the City Manager.
Exhibit A -Ordinance 90-07-200 Page 4 of 4
MICHAEL DUNLAP ARCHITECTS, P.A.
118 WEST ADAMS STREET SUITE 200
JACKSONVILLE, FLORIDA 32202
(904) 358-1002 (FAX) 358-3708
July 11, 2007
RECEIVED
Mayor Don Wolfson 1W 1 1 2007
City of Atlantic Beach OFFICE OF THE CITY CLERK
800 Seminole Road
Atlantic Beach, FL. 32233 cc.Ta
091y Commission
C?•y Manager
Re : New Ordinance # 90-07-200 City Attorney
Chapter 2 Exhibit A (24-161 ) 0 Press
❑Fib
Dear Mayor Wolfson, Dace:
The recent legislation is another example of suburban
criteria applied to a traditional neighborhood. The
existing commercial lots are too small to support "truck
turnaround" and I would suggest a realignment of the
ordinance. Furthermore, the streets are used as vehicular
access and the elimination of a street access is counter to
the character of the neighborhood.
The idea that another square foot of asphalt would be
required for a motor vehicle on site, suggests a Wal-Mart
scale and ideology that is entirely misplaced.
Of the multiple projects I have been involved with over the
past 16 years in the beach community, this ordinance offers
no improvement to public health, safety and welfare.
A re-consideration is in order Mr . Mayor, and I would
suggest that Mr. Hanson locate educated criteria prior to
legislation.
Sincerely
Michael Dunlap
Cc : Mr . Jim Hanson
ARCHITECTURE & PLANNING
FLORIDA REGISTRATION #AR-9200
www michaeldunlap.com
.1141 11 07 09: 38a Donna Bussey 904 247 5846 p. 4
(d) Measurement. Where Floor Area determines the amount of Off-Street parking and loading
required, the Floor Area of a Building shall he the sum of the horizontal area of every floor of
the Building. In places of public assembly in which occupants utilize benches, pews or similar
seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor
area where no seating is provided, shall be considered one (1) seat. When computations result
in requirement of a fractional space, a fraction equal to or more than one-half shall require a
full space.
(e) Uses not specifically mentioned. Requirements for Off-Street parking and loading for Uses not
specifically mentioned in this Section shall be the same as required for the Use most similar to
the one sought, it being the intent of this Section to require all Uses to provide adequate Off-
Street parking and loading.
(1) Location of required Off-Street parking spaces:
(1) Parking spaces for residential Uses shall be located on the same property with Principal
Building(s)to be served.
(2) Parking spaces for Uses other than residential Uses shall be provided on the same Lot or
not more than four hundred(400) feet away, provided that required Off-Street Parking shall
in no case be separated from the Use it serves by Arterial Streets or Major Collector
Streets, or other similar barriers to safe access between parking and the Use. A shared
parking agreement shall be required where off-site parking is used to meet parking
requirements. In such cases, the Uses sharing parking must demonstrate different peak-
hour parking needs.
(3) Off-Street parking for all Uses other than Single and Two-family Residential shall be
designed and constructed such that vehicles are not required to back into public right-of-
ways_ Parking spaces shall not extend across right-of-ways including any public or private
sidewalk or other pedestrian thoroughfare.
(4) Ofd Street parking spaces for any Use shall not be located where, in the determination of
the Director of Public Safety, an obstruction to safe and clear vehicular sight distance
would be created when Vehicles are parked in such spaces.
(g) Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except
that smaller dimensions may be provided for single-family residential Lots, provided that
adequate on-site parking is provided to accommodate two (2)vehicles_
(2) Accessible parking spaces shall comply with the Accessibility Guidelines for Buildings and
Facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within parking lots,the minimum width for a one-way drive aisle shall be twelve (12) feet,
and the minimum width for a two-way drive aisle shall be twenty-two (22) feet.
(4) Parking lots containing more than five (5) rows of parking in any configuration shall
provide a row identification system to assist patrons with the location of vehicles, and
internal circulation shall be designed to minimize potential for conflicts between vehicles
and pedestrians.
Exhibit A-Ordinance 90-07-200 Page 2 of 4