Ordinance No. 90-06-197ORDINANCE NUMBER 90-06-197
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
NUMBER 90-O1-172, SAID ORDINANCE RE-ADOPTING CHAPTER
24, AND INCLUDING ALL SUBSEQUENT AMENDMENTS
THERETO, THIS ORDINANCE SPECIFICALLY AMENDING
ARTICLE III, DIVISION 5, SECTION 24-112, COMMERCIAL
GENERAL DISTRICTS, TO ESTABLISH SIZE LIMITS FOR RETAIL
ESTABLISHMENTS AND TO MAKE OTHER GENERAL
REVISIONS INCLUDING THE ELIMINATION OF HEAVY
AUTOMOTIVE REPAIR AS AUSE-BY-EXCEPTION, IN THE CODE
OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH,
PROVIDING FOR RECORDATION AND PROVIDING 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; 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.
WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth
within Policy A.1.10.4 of the 2015 Comprehensive Plan that the City shall actively support the
appropriate redevelopment and infill development of the Mayport Road corridor. Retail and
service uses that encourage a more aesthetically pleasing and pedestrian friendly environment
shall be encouraged.
WHEREAS, public hearings to enact this Ordinance were held by the City
Commission for the City of Atlantic Beach on November 27, 2006 and December 11, 2006. 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 amending the Commercial General District regulations 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.
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Ordinance Number 90-06-197
Effective Date: December 11, 2006
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, Zoning, Subdivision and Land Development Regulations
Article III, Zoning Regulations, Division 5, Establishment of Districts, Section 24-112,
Commercial General Districts, within the Code of Ordinances for the City of Atlantic Beach,
Florida is hereby amended, and upon enactment shall read as follows.
Sec. 24-112. Commercial General Districts. (CG)
(a) Intent. Within the City of Atlantic Beach, the CG Zoning District is intended for Uses,
which provide general retail sales and services for the City of Atlantic Beach and the
closely surrounding neighborhoods. New Development and new Uses within these
Districts should have direct access to Arterial or Collector Streets, and sites should be
designed so that increased traffic through adjacent residential neighborhoods is avoided.
(b) Permitted Uses. Typical Uses permitted within the CG Zoning Districts shall include
neighborhood serving uses, which shall mean low intensity commercial uses intended to
serve the daily needs of residents of the surrounding neighborhoods. Such Uses shall not
include manufacturing, warehousing, storage or high intensity commercial activities, or
commercial uses of a regional nature, or such Uses that have the potential for negative
impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light
or extremely late hours of operation or other factors that may adversely effect existing
commercial uses or any nearby residential uses.
Permitted Uses shall also not include Adult Entertainment Establishments, indoor or
outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of--way,
amusement centers, bingo, billiard or pool halls, game arcades, gaming, video poker
establishments or individual machines, including any type of token or coin-operated video
or simulated games or similar activities or machines which are played for any type of
compensation or reward.
The Uses permitted in the CG Zoning Districts shall include the following subject to the
limitations as set forth within following paragraph (d). Unless otherwise and specifically
provided for herein, all business activities, products for sale and services must be located
within an enclosed Building properly licensed for such Use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and
stationery, luggage, jewelry, art, florist including silks, cameras, photographic supplies,
sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery
(but not wholesale bakery), home furnishings and appliances, office equipment and
furniture, hardware, lumber and Building materials, auto, boat and marine related parts,
and similar retail Uses.
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Ordinance Number 90-06-197
Effective Date: December 11, 2006
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with
indoor or outdoor seating areas but without drive-through facilities, health clubs and
gyms, laundry or dry cleaner, funeral home, job printing, radio and television and
electronics repair, lawn care service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar service
Uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child Care Centers in accordance with Section 24-152.
(5) Business and Professional Offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may
be located outside of the adjacent Building licensed for such business, provided no
obstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off-premise consumption.
(8) On-premise consumption of beer and wine only in conjunction with a full service
Restaurant, which is a food service Use where unpackaged ready-to-consume food is
prepared on-site and served to the customer while seated at tables or counters located in
a seating area within or immediately adjacent to the building.
(9) Automobile Service Station with Minor Automotive Repair and with accessory car
wash.
(10) Theaters, but not amulti-screen (exceeding two screens) or regional Cineplex.
(11) Institutional and Government Uses, Buildings and facilities.
(12) Churches in accordance with Section 24-153.
(13) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use
and located d~ithin the same Building as the Principal Use. Such Dwelling Unit is
intended to be occupied by the Owner or an employee of the Principal Use.
(14) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited
and Commercial, Professional and Office Zoning Districts.
(15) Residential Use, consistent with the Comprehensive Plan, which permits Residential
uses not exceeding the Medium Density category when in conjunction with, or adjacent
to commercial development and redevelopment, provided that such residential
development shall not be permitted within the Coastal High Hazard Area. Policy
A.1.11.1(b)
Single-family residential Uses within the CG Zoning Districts existing as of the initial
effective date of these Land Development Regulations shall be considered as Vested
Development.
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Ordinance Number 90-06-197
Effective Date: December 11, 2006
(c) Uses-by-Exception. Within the CG Zoning Districts, the following Uses may be approved
as aUse-by-Exception where such proposed Uses are found to be consistent with the Uses
permitted in the CG Zoning Districts with respect to intensity of Use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses.
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premise consumption of alcoholic beverages in accordance with Chapter 3 of this
Municipal Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to
drive-through business. (This shall not be construed to prohibit restaurants with carry-
out service, which are a Permitted Use.)
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction,
heavy assembly involving hoists or lifts, or equipment that makes excessive noise or
fumes shall be permitted. Not more than one contractor related vehicle shall be parked
outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as
defined within Section 24-17.
(9) Cabinet shops, woodworking shops and surfboard production.
(10) Hospital, nursing home, assisted care and similar institutional facilities.
(11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(12) Businesses offering Live Entertainment, not including adult entertainment
establishments as defined by Chapter 847.001 (2), Florida Statutes.
(d) Limitations on Certain Uses. Permitted Uses within the CG Zoning Districts shall not
include Large-Scale Retail Establishments, which for the purposes of this Chapter shall be
defined by their size and as follows.
Large-Scale Retail Establishments shall include those businesses, whether in a stand-alone
Building or in a multi-tenant Building, which occupy a Floor Area exceeding 60,000 square
feet including any interior courtyards, all areas under roof and also any other displa ,sales
or storage areas partially or fully enclosed by any means including walls, tarps, gates or
fencin~• Large-Scale Retail Establishments are commonly referred to as "big-box"
retailers, discount department stores, super-centers, warehouse clubs or by similar terms.
Such establishments may offer a similar type of products such as electronics or appliances
or office products, but more typically offer a wide variety of general merchandise and
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Ordinance Number 90-06-197
Effective Date: December 11, 2006
departments, which may include home improvement, house-wares and home furnishings,
sporting goods, apparel, pharmacy, health and beauty products, automotive parts and
services and may also include grocery items. This definition shall not be construed to limit
the overall size of Shopping Centers as these are defined within Section 24-17, but shall
apply to any Building where businesses with separate g~-ie•~~' T ~~°~~~~~ Local
Business Tax Receipts may share the same interior space of a Building which is not
separated into individual units by structural fire rated walls or that do not contain separate
and distinct exterior entrances.
Intend The intent of this limitation is to ensure that the City's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the
City and further, to implement related Goals, Objectives, and Policies of the 2015
Comprehensive Plan, restated in part as follows.
(1) Commercial and light industrial development shall be located and designed so as to
minimize adverse effects on residential areas, traffic facilities and the aesthetic
character of the City. (Policy A.1. S. 7)
(2) The City shall provide for land use, development and redevelopment in an efficient
manner, which supports the land use designations as set forth within the 2015 Future
Land Use Map; which enforces the residential densities and the limitations upon the
type and intensity of uses, and which results in development appropriate to the sensitive
coastal location of the City, particularly with respect to the predominantly residential
character and small-town scale of the City. (Objective A.1.11 -Appropriate Land Use
Patterns)
(3) 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. (Objective A.1.3-Maintaining Residential Character)
(e) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning
Districts shall be as follows.
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum Yard Requirements. The minimum Yard requirements within the Commercial
General Zoning Districts shall be as follows:
(1) Front Yard: Twenty (20) feet, except that the Front Yard may be reduced to ten (10)
feet where required Off-Street Parking is located at the rear or side of the Building site,
and the primary business entrance is designed to face the Street.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet where adjacent to existing residential Use or a Street.
Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either
side.
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Ordinance Number 90-06-197
Effective Date: December 11, 2006
(g) Building Restrictions. The building restrictions in the Commercial General Zoning
Districts shall be as follows:
(1) Maximum Impervious Surface: Seventy (70) percent.
Where existing Impervious Surface area exceeds seventy percent (70%) on
previously developed sites, new Development shall not exceed the pre-construction
Impervious Surface area, and required landscaping shall be provided in accordance
with Division 8 of this Chapter. Stormwater management requirements shall apply to
infill Development and to redevelopment projects involving exterior site changes.
(2) Maximum Building height: Thirty-five (35) feet.
(3) Parking. Off-Street Parking shall be provided in accordance with Section 24-161 of this
Chapter. Where existing Uses, which do not provide the required number of Off-Street
parking spaces as set forth within Section 24-161(8) are replaced with similar Uses
(such as a restaurant replacing a restaurant), with no expansion in size or increase in
number of seats, additional parking 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.
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.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 27th day of November, 2006. Passed upon final reading and public hearing this
1 lth day of December, 2006.
~~~ ~ ~~
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness:
EN, CITY ATTORNEY
V )
ATTEST : Gay%~~
DONNA BUSSEY, CITY CLERK
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Ordinance Number 90-06-197
Effective Date: December 11, 2006