Ordinance No. 25-04-37 v• ORDINANCE NO. 25-04-37
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 6, BUILDING AND BUILDING REGULATIONS, ARTICLE
II, BUILDING CODE, ADDING A NEW SEC. 8-25, BOATHOUSES,
DOCKS AND GAZEBOS ON DOCKS, AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 8, of the Code of Ordinances of the City of Atlantic Beach City is hereby
amended to add a new Sec. 8-25 which shall read as follows:
Sec. 8-25 Boathouses, Docks and Gazebos on Docks
(a) Purpose and intent. It is the intent of this section to insure that on intracoastal, lake front,
marsh front, canal front, stream front lots no boating hazards will be created, water pollution
from storm water runoff and other sources will be minimized, views of water from adjoining
properties will not be unduly impaired, and the appearance of the shore when viewed from the
water will be kept as natural as reasonably possible. Atlantic Beach's intracoastal lakes, canals
and streams are among the City's greatest assets, and it is in the public interest to require that
their aesthetic appeal and water quality be maintained and enhanced when possible.
• (b) Site Plan. A building permit shall not be issued for any new structure, addition to any
existing structure, fence or wall or significant change of an existing property on an intracoastal,
lake front, marsh front, canal front, or stream front lot until a satisfactory site plan therefore is
reviewed and approved. The requirements of this section are minimum requirements, and the
planning and zoning department may impose more restrictive requirements and conditions on the
height, bulk, location and any other aspect of the proposed development where necessary in
order to accomplish the purpose and intent of the section.
(c) Docks, Boathouses and Gazebos on Docks. The following minimum or maximum
standards shall apply to all construction or renovation of docks, boathouses and gazebos on
docks:
(1) Before a building permit is issued, the plans for docks, boathouses and gazebos on
docks shall be approved by the building and planning department.
(2) The total area of docks, boathouses and gazebos on docks built at the waters edge
over land and water shall not exceed six hundred (600) square feet.
(3) All new docks, boathouses and gazebos on docks shall be constructed ten (10)
feet from a side lot line. This side setback can be reduced to five (5) feet if written
approval is presented from the adjacent property owners.
(4) All new docks, boathouses and gazebos on docks shall not extend over thirty (30)
feet into the water from the elevations specified in Section 31-22 (4) (e).
(5) The highest point of a boathouse or gazebo roof or any railing shall not exceed
nine (9) feet, and the roofs must be pitched so as to eliminate flat roofs and use of
such areas as sundecks. The height shall be measured from the surface of the dock
• or floor to the highest point of the roof or railing. In addition, the surface of any
• dock, sundeck, or floor of any boathouse, gazebo, etc. shall not be more than two
(2) feet above the elevations specified in Section (4)(e).
(6) In order that all docks, boathouses or gazebos on docks be utilized only for
boating or other recreational activities and not as living space, there shall be no
bathrooms or cooking facilities permitted in them, nor as an improvement to the
existing boathouse. There also shall not be any enclosed rooms over water except
for storage rooms limited in size to a maximum of 80 square feet.
(7) Only one (1) boathouse or gazebo shall be permitted for each waterfront property
owner. In the case of common ownership of lakefront property such as in a
condominium arrangement or property owned by a subdivision, there shall only
be one (1) boathouse or gazebo permitted.
(8) The sale or lease of a portion of lakefront after January 1,2004, shall be construed
as a subdivision and shall not enable the owners to make application for a dock
and boathouse unless that subdivision has received the approval of the city
commission.
(d) Other structures on Intracoastal, lake front, marsh front, canal front or stream front
lots. The following standards shall apply to all construction on lake front, marsh front, canal
front or stream front lots:
(1) Intracoastal, lake front, marsh front, canal front and stream front lots shall be
developed to maximize the amount of natural rainfall which is percolated into the
soil and to minimize direct overland runoff into the water. With the exception of
boathouses, docks, gazebos on docks or other over -water construction, stormwater
runoff from structures and other impervious surfaces shall be directed into on-site
• retention swales and percolation of the first one inch of runoff. Properties being
developed or redeveloped shall eliminate any direct piped discharges of
stormwater into the water, so that this runoff is directed to the on-site retention
and percolation areas. The city staff may require, as conditions necessitate, the
submission of soil and water table information, topographic detail, drainage
calculations and professionally designed plans so as to insure these requirements
are met. All stormwater retention compliance shall prioritize the preservation of
existing trees and the impacts of fill or excavation on tree root systems shall be
minimized.
(2) No intracoastal, lake front, marsh front, canal front or stream front lot owner shall
grade the lot in such a way as to interfere with the natural drainage of adjoining
lots or in a way that diverts drainage from their lot onto adjoining lots. The city
staff may require, as conditions necessitate, the construction of physical features,
grading, swaling and piping of roof gutters so as to insure that runoff on a lot does
not negatively impact adjoining lots.
(3) Structures on intracoastal, lake front, marsh front, canal front, or stream front lots
shall, to the extent reasonably possible, be designed and located to minimize their
obstruction or degradation of traditional views to and through the property to the
water. Structures in this context shall also include fences and walls. The City, may
as conditions necessitate, reduce the height of structures, alter their location, size
and design so as to accomplish this objective.
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(4) Structures on intracoastal, lake front, marsh front, canal front or stream front
lots shall be developed and landscaped so that when viewed from the water,
those structures are as unobtrusive as is reasonably possible. When a lot is
being redeveloped, or a lot's structure is being extended or altered, this may
require the planting of new trees and other landscaping in order to achieve this
objective.
(5) Structures on lakefront lots other than boathouses, docks, gazebos on docks or
other overwater construction shall be setback at least fifty (50) feet from the
normal high water elevation. For convenience, the normal high water
elevations of the city's principal lakes are listed below. Structures in this
context shall also include swimming pools, cabanas, screen enclosures, tennis
courts and other accessory buildings.
(6) Fences on intracoastal, lake front, marsh front, canal front, or stream front lots
shall not be permitted to extend into the water beyond the normal high water
elevation or into a canal beyond the bulkhead. Fences and walls shall not be
permitted which run parallel to or across the lake, marsh, canal or stream within
the fifty (50) foot setback. Fences and walls include any terrace wall or other
structure higher than three (3) feet above grade. Fences running down the sides
of properties within the fifty (50) foot setback or across the waterfront within
the building setback shall be open fences such as wrought iron, chain link, etc.
which allow visibility across property lines.
(e) Retaining walls. The construction of retaining walls or seawalls shall be done in
accordance with this chapter and Chapter 6 of Code of Ordinances for the City of
Atlantic Beach.
(f) Boathouse Lots Boathouse lots which exist along the water front were accepted by the
city under the premise that these lots would serve as lake access for the residents of that
subdivision. As such, the purpose and intention of these boathouse lots is to serve as
accessory lots to the main residential properties within that subdivision. In accordance
with the policies contained within Chapter, Comprehensive Plan, the following
regulations shall apply:
(1) The buildability and use of all boathouse lots, which are determined to be
accessory lots shall be restricted to the owners of real property within the
subdivision in which these accessory boathouse lots were platted.
(2) Boathouse lots which are held January 1, 2004 by property owners residing
outside of the subdivision for which they are platted shall be nonconforming
boathouse lots which may still be used for constructing a boathouse and for water
access. However, any boathouse lots owned by real property owners on January 1,
2004 in the subdivision for which they were platted, shall only be buildable and
used to serve the lake access need or residents of that subdivision.
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(3) Minimum lot widths shall be 50 feet. (4) Canal boathouses or gazebos on
docks shall be constructed a minimum of five (5) feet from side
lot line. There shall be no front setback.
(5) The highest point of a boathouse or gazebo shall be no more than ten feet above
the
normal high water elevation of the closet lake or water way detailed in Section
(4)(c).
(6) Canal boathouses or gazebos shall not exceed four hundred (400) square feet in
size for
all areas of boathouses, gazebos, stairs, and decking.
(7) Canal boathouses shall be located so as not to interfere with navigation and to
result in the minimum of loss of existing large oak, pine or cypress trees. Electric
service shall be provided via underground wiring. Landscape buffering shall be
required to substantially cover fifty percent (50%) of the structure. Off-street
parking areas shall remain without asphalt, concrete, brick, gravel, grass paver or
other improved surface.
SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 4a164 day of
PASSED by the City Commission on second and final reading this
2004.
Attest:
MA17REEN KING
Certified Municipal Cle
A roved as to form and correctness:
AN C. EN, ESQUIRE
City A ey
2004
SERVE
e Officer