Ordinance No. 90-06-190 TABLEDTa.blecr. on 4I ~o/ob
ORDINANCE NUMBER 90-06-190
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, SECTION
24-17, DEFINITIONS, PROVIDING THAT SWIMMING POOLS BE
CONSIDERED AS FORTY PERCENT (40%) IMPERVIOUS, AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Zoning, Subdivision and Land Development Regulations, adopted as
Chapter 24 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by
modifying Article II, Section 24-17, Definitions, Impervious Surface, and upon enactment of this
Ordinance, said definition shall read as set forth below.
Impervious Surface shall mean 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 the ground 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. The pool water surface area of swimming pools shall be considered as forty
percent (40%) Impervious Surfaces (or sixty percent (60%) pervious) because of their ability to
retain a certain amount of rainwater, however, decking around a pool may be considered impervious
depending upon materials used. Surfaces using pervious concrete or other similar open grid paving
systems shall be calculated as fifty percent (50%) Impervious Surface provided that no barrier to
natural percolation of water should be installed beneath such material. Open grid Pavers must be
installed on a sand base, without liner, in order to be considered 50% impervious. Solid surface
pavers (e.g. brick or brick appearing pavers as opposed to open grid pavers) do not qualify for any
reduction in impervious area, regardless of type of base material used.
Unless otherwise and specifically provided for in these Land Development Regulations, or within
another Ordinance, or by other official action establishing specific Impervious Surface Limits for a
particular Lot or Development Project, the fifty percent (50%) Impervious Surface limit shall be the
maximum Impervious Surface limit for all new residential Development and redevelopment. In such
cases where a previously and lawfully developed residential Lot or Development Project exceeds the
fifty percent (50%) limit, redevelopment or additions to existing residential Development shall not
exceed the pre-construction Impervious Surface limit, provided the stormwater and drainage
requirements of Section 24-66 are met.
SECTION 2. 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, Duval County, Florida, in accordance with Section 125.68, Florida Statutes.
Ord. #90-06-190
Passed upon first reading by the City Commission of the City of Atlantic Beach this 27th day of
March, 2006.
Passed upon final reading and public hearing by the City Commission of the City of Atlantic Beach
this 10th day of April, 2006.
DONALD M. WOLFSON
Mayor and Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIItE
City Attorney
ATTEST
DONNA BUSSEY
City Clerk
Ord. #90-06-190