Ordinance No. 90-06-195 (First Approval)ORDINANCE NUlVIBER 90-06-195
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, AND
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO, THIS
ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7,
SUPPLEMENTARY REGULATIONS, OF THE CODE OF
ORDINANCES FOR THE CITY OF ATLANTIC BEACH, FLORIDA IS
HEREBY AMENDED TO ADD NEW SECTION 24-172, RESIDENTIAL
DEVELOPMENT STANDARDS, PROVIDING FOR RECORDATION
AND PROVII)ING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City of Atlantic Beach, under the authority of Chapter 166, Part I,
Florida Statutes, The Municipal Home Role Powers Act, such authority being restated within
Section 4, General Powers of the City Charter, as reaffirmed, and also under the authority of
Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive
Planning and Land Development Regulation Act, establishing authority to adopt Land
Development Regulations and issue Development Orders; all providing broad authority to plan
for and regulate the use and development of land on the basis of the impact such development
may have on the City, and
WHEREAS, pursuant to such authority, the City has divided lands into Zoning Districts,
has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and
development of lands within the City. Said Land Development Regulations, inclusive of the
Comprehensive Plan, applicable Building Codes and also the requirements of other agencies
having regulatory authority over the City, are intended to, among other things, promote the
general health, peace, safety and welfaze of the inhabitants of the City; and
WHEREAS, the City of Atlantic Beach further intends to promote, protect, and improve
the good order, appearance, and general welfaze of the City and also to prevent the overcrowding
of land and to protect natural resources and the traditional residential development patterns
within the City, and
Page 1 of 7
Ordinance Number 90-06-195
Effective Date: 9/11/06
WHEREAS, the City Commission finds that existing Land Development Regulations
allow for development to occur in residential azeas of the City, particularly in older established
neighborhoods within the City, which may be incompatible with such neighborhoods because of
excessive size and mass, and proximity to neighboring properties, and which may also result in
the excessive destruction of vegetation and tree canopy and the excessive loss of light, air and
breezes, and
WHEREAS, such Land Development Regulations have also proved inadequate to limit
or preclude new development, which is out of scale and with established traditional residential
buildings within in the City's older established neighborhoods, and such regulations also fail to
discourage the redevelopment of residential lots in ways that may be inconsistent and
incompatible with the historic and existing built environment as required by Policy A.1.4.4 of the
Comprehensive Plan, and
WHEREAS, such excessive development negatively changes and impacts such
established neighborhoods through loss of chazacter, open space, views, breezes, tree canopy and
a sense of privacy; and
WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth
within Objectives A.1.4 and A.1.5 of the 2015 Comprehensive Plan, which is adopted by
Ordinance Number 31-04-01, to encourage future development and redevelopment, which
retains the exceptionally high quality of life and the predominantly residential character of the
City of Atlantic Beach and which provides for the preservation and protection of the dense tree
canopy of the City. it is the expressed intent of the City to protect and maintain the unique
neighborhood character of established and traditional residential areas throughout the City, and
WHEREAS, following public hearings, public participation workshops with interested
citizens, the Community Development Boazd and the City Commission, public hearings to enact
this Ordinance were held by the City Commission for the City of Atlantic Beach on August 28,
2006 and September 11, 2006. In consideration of public participation and comments, and in
support of stated policies of the City, including applicable goals, objectives and polices as set
forth within the adopted 2015 Comprehensive Plan, the City Commission hereby finds that
adoption of this Ordinance and these Residential Development Standazds shall be in the best
interests of the citizens of the City of Atlantic Beach and shall serve to implement such goals,
objectives and policies.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA:
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Ordinance Number 90-06-195
Effective Date: 9/11/06
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations
Article III, Zoning Regulations, Division 7, Supplementary Regulations, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section 24-
1 ?2, Residential Development Standards, and upon enactment shall read as follows.
SECTION 24-1'72. Residential Development Standards
(a) Purpose and Intend The purpose and intent of these new regulations is to implement the
goals, objectives and polices as set forth within the adopted 2015 Comprehensive Plan,
restated in part below.
Goal A.1 The City shall manage growth and redevelopment in a manner, which results in
a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically
pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances
coastal, environmental, natural, historic and cultural resources, and 4) maintains the City's
distinct residential community character.
Objective A.1.3 Maintaining Residential Chazacter -The City shall encourage future
development and redevelopment, which: 1) retains the exceptionally high quality of life
and the predominantly residential character of the City of Atlantic Beach, and 2) provides
for the preservation and protection of the dense tree canopy.
Policy A.1.4.3 By December 31, 2005, the City shall consider amendments to its Land
Development Regulations, which include provisions intended to retain the unique
community identity, the architectural character, and the residential scale of that area of the
City known as Old Atlantic Beach.
Policy A.1.4.4 Within Old Atlantic Beach, the City shall consider options to discourage
the redevelopment of residential lots in ways that aze inconsistent and incompatible with
the historic and existing built environment.
The diversity of residential types is recognized as an asset to this community's unique
character. The purpose of these regulations is also to regulate the future use and
development of land in a manner that minimizes incompatible relationships within
neighborhoods that may result from new Development, which because of excessive height,
mass or bulk may result in new Development that excessively dominates established
development patterns within neighborhoods or excessively restricts light, air, breezes or
privacy on adjacent properties.
The further intent of these regulations is to appropriately limit height and bulk and mass of
residential structures in accordance with the expressed intent of the citizens of Atlantic
Beach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more
specifically enumerated below.
(1) To ensure that buildings are compatible in mass and scale with those of buildings seen
traditionally within the residential neighborhoods of Atlantic Beach.
(2) To maintain the traditional scale of buildings as seen along the street.
(3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent
properties.
(4) To promote access to light and air from adjacent properties.
(5) To preserve and enhance the existing mature tree canopy, particularly within front yards.
Page 3 of 7
Ordinance Number 90-06-195
Effective Date: 9/11/06
(b) Applicability. The Development Standards and provisions set forth within this Section shall
apply to Development of Single-family and Two-family Dwellings within that area of the
City depicted by Attachment A and generally referred to as Old Atlantic Beach, which for the
purposes of this Section shall be bounded by:
• Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south;
• Seminole Road, extending north to 11th Street on the west;
• 11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12,
14, 16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 141ocated on the north side of 1 lth
Street and west of East Coast Drive, and
• East Coast Drive extending north to its terminus, then along Seminole Road to 16th
Street, and 16th street extending east to the beach, with the beach being the eastern
boundary of this azea.
Development, as used within this Section, shall also include total redevelopment of lots and
certain renovations and additions to Single-family and Two-family Dwellings as set forth
herein.
(c) Additional Residential Development Standards The following standazds and requirements
shall apply to that area defined in preceding paragraph (b), and as further and more
specifically described for each particulaz standard or requirement.
(1) Floor Area Ratio (FAR). Floor Area Ratio limits aze established to prevent incompatible
mass and scale where new Development might otherwise excessively dominate the
existing streetscape and existing adjacent residences. FAR shall be defined as the ratio of
total counted above-grade floor azeas of certain Buildings on a Lot or Parcel compazed to
the total Lot Area.
FAR =Total counted Floor Area =Total Lot Area
The following FAR provisions shall apply to new Single-family and Two-family
Dwellings and additions, which expand interior Floor Area by more than twenty-five
percent (25%).
i. Lots or Parcels that contain 6000 square feet of Lot Area or less shall be assumed to
contain 6000 square feet of Lot Area, and Floor Area Ratio limits and provisions as
set forth within this Section shall apply. For example, maximum Floor Area Ratio for
a 5,200 square foot lot shall be calculated as if the Lot is 6000 squaze feet in size.
ii. A maximum Floor Area Ratio limit of .54 shall apply.
iii. FAR calculations shall be included on all Single-family Dwelling and Two-family
Dwelling Construction Plans submitted to the City for review and permitting.
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Ordinance Number 90-06-195
Effective Date: 9/11/06
iv. The following elements of aSingle-family or Two-family Dwelling shall be counted
in the FAR calculation.
• Interior heated and cooled areas.
• Porches, balconies, patios and breezeways with a solid cover or roof when
enclosed by solid walls on more than two sides.
• That portion of an attached garage exceeding 500 square feet of Floor Area.
v. The following elements of aSingle-family or Two-family Dwelling shall be excluded
from the FAR calculation.
• Porches, balconies, patios, breezeways, and decks (as well as overhangs, eaves,
cantilevers, awnings and similar features) with a solid cover or roof, but not
enclosed by solid walls on more than two sides. Such porches, balconies, patios,
breezeways, and decks shall remain open on at least two sides and shall not later
be enclosed in any manner.
• Detached Private Gazages that aze incidental to the Principal Use on a Lat.
Detached Private Garages shall remain subject to established size, height and
placement regulations.
• Carports that are open on two or more sides.
(2) Side Wall Planes To avoid stark, exterior side walls from facing the sides of adjacent
residences, particularly on two-story and three-story residences, the following standards
shall apply to new two-story and three-story Single-family and Two-family Dwellings; to
renovations involving Structural Alterations or additions to the sides of existing Single-
family and Two-family Dwellings, and where a second or third-story is added to an
existing Single-family and Two-family Dwelling.
i. Second and third-story exterior side walls, which exceed 35-feet in length, shall
provide horizontal offsets of at least four feet, or architectural details, design elements
or other features, which serve to break-up the appearance of the side wall, such that
adjacent properties are not faced on the side by blank two or three-story walls void of
any azchitectural design other than siding material or windows.
ii. Such design features may also include balconies, bay windows and other types of
projecting windows or architectural details provided that these shall not extend more
than 24-inches into the Required Side Yard, and that a minimum separation of 10-feet
is maintained between such extensions into the Required Side Yazd and any other
existing adjacent residential Buildings.
(3) Height to Wall Plate. For Single-family and Two-family Dwellings, the maximum
height to the top horizontal framing member of a wall from the first floor finished floor
elevation shall not exceed 22-feet.
(4) Third Floor Footprint In order to reduce the mass of taller Single-family and Two-
family Dwellings, the interior footprint of any third floor area shall not exceed fifty
percent (50%) of the size of the second floor interior footprint.
Page 5 of 7
Ordinance Number 90-06-195
Effective Date: 9/11/06
(5) Shade Trees. In order to sustain the City's existing tree canopy and to provide shade
along the City's residential streets and sidewalks, one shade tree shall be provided within
the Required Front Yard and an additional shade tree shall be required on the Lot in a
location at the property owner's discretion in accordance with the following provisions:
i. This requirement shall apply to the construction of new Single-family and Two-
family Dwellings and to Structural Alterations of any Single-family and Two-family
Dwelling. Such required Trees shall be installed prior to issuance of a Certificate of
Occupancy or prior to final inspections, as applicable. (The requirements of Chapter
23 of this Code shall also apply.)
ii. Required Shade Trees shall have a minimum size of 4-inch caliper at the time of
installation. A list of recommended tree species is available from the City.
iii. Credit shall be provided for the following, and additional Front Yazd Shade Trees
shall not be required in such cases.
(a) Where healthy canopy trees exist in the Required Front Yard, which are listed
on the recommended tree list and are at least 4-inch caliper; or
(b) where oak trees exist in the Required Front Yard, which are at least six (6)
feet tall; or
(c) where healthy street trees exist in the adjacent right-of--way, which are listed
on the City's recommended tree list and aze at least 4-inch caliper. Where
installation of a Front Yard Shade Tree is required, such tree shall not be
planted within right-of--ways or over underground utilities.
iv. Similarly, credit shall be given for the second required Shade Tree where such
tree, as described above, exists elsewhere on the Lot.
(d) Special Treatment of Lawfully Existing Single family and Two-family Dwellings, which
would otherwise be made Nonconforming by enactment of Section 24-172, establishing
these Residential Development Standards. Any lawfully existing Single-family or Two-
family Dwelling, which has been constructed pursuant to properly issued Building Permits
prior to the effective date of these Residential Development Standards, adopted on
September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested
Development, and any such Single-family or Two-family Dwelling shall be considered a
lawful permitted Structure within the Lot or parcel containing the Vested Development, and
shall not be considered as a Nonconforming Structure with respect to the regulations
contained within this Section.
It is further the intent of this Section to clarify when these Residential Development
Standards shall apply in the case of reconstruction or redevelopment following:
(1) a natural act such as a humcane, wind, flood or fire; or
(2) redevelopment initiated by a property owner or authorized agent for a property owner.
The following provisions shall be limited only to those characteristics, which would
otherwise be made nonconforming from the requirements of this Section, which provides
Residential Development Standazds. The provisions of Section 24-85 shall otherwise apply
to Nonconforming Lots, Uses and Structures.
Page 6 of 7
Ordinance Number 90-06-195
Effective Date: 9/11/06
i. Structures damaged or destroyed by natural acts or by any means not resulting from
the actions of the property owner. Any lawfully existing Single-family or Two-family
Dwelling, which has been constructed pursuant to properly issued Building Permits prior
to the effective date of these Residential Development Standards, adopted on September
11, 2006 by Ordinance Number 90-06-195, shall be deemed a Vested Development, and
any Single-family or Two-family Dwelling shall be considered a lawful permitted
Structure within the Lot or pazcel containing the Vested Development. Furthermore, an
existing Single-family or Two-family Dwelling for that particulaz Structure, shall not be
considered as a Nonconforming Structure such that it may be fully replaceable in its
existing footprint and of the same size and architectural design, subject to all applicable
building codes and other Land Development Regulations controlling Development and
redevelopment of such Lots or parcels. Any construction that exceeds the existing
footprint shall be in compliance with all applicable provisions of this Chapter including
minimum Yazd Requirements.
ii. Structures damaged, destroyed or demolished or expanded, by any means resulting
from the actions of the property owner or authorized agent for a property owner.
Single-family or Two-family Dwellings, which are rebuilt or renovated, or expanded by
more than twenty-five percent (25%) in Floor Area, shall be subject to applicable
provisions of these Residential Development Standards for that portion of the Structure
that is rebuilt, renovated or expanded.
SECTION 2. 'This Ordinance shall take effect immediately upon its fmal 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.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 28th day of August, 2006. Passed upon final reading and public hearing this 11th day
of September, 2006.
~ ~ ~-~
Mayor/Presiding Office
Annroved as to formand correctness:
C. J~T~3'EN, ESQUIRE
City
A T:
DONNA BUSSEY
City Clerk
Page 7 of 7
Ordinance Number 90-06-195
Effective Date: 9/11/06
Ordinance 90-Ofi-195 ATTACHMENT A
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City of Atlantic Beach
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Area subject to section 24-172. Residential Development Standards
AGENDA#7A
AUGUST 28, ?006
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