Ordinance No. 90-07-201ORDINANCE NUMBER 90-07-201
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 24-85(c), NONCONFORMING STRUCTURES, AND AL50
CREATING NEW SECTION 24-87 TO BE CONTAINED WITHIN THE
LAND DEVELOPMENT REGULATIONS, BEING 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 August 13, 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, Sections 24-85, Nonconforming Structures and new Section
24-87, Zoning, Subdivision and Land Development Regulations, are hereby amended and upon
enactment shall read as set forth within Exhibit A, attached to and made part of this Ordinance.
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, Florida, in accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach the 23rd day of
July, 2007. Passed on final reading and public hearing the 13th day of August, 2007.
~~~ ~.~
DONALD M. WOLFSO
Mayor/Presiding Officer
Apnrov~cYas to form and correctness:
aV CJ JENSEN, ESQUIRE
A rnev
Attes/t:~ ,, /~'
Ga~/Gzy~n~e J'
DONNA L. BUSSEY, CMC
City Clerk
Page 1 of 2
Ordinance 90-07-201
EXHIBIT A (to ordinance 90-07-201)
Sec. 24-85. (c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or
enlargement complies with the terms of this Section and other applicable provisions of this
Chapter, including Building Setbacks, or unless a Variance has been obtained from the
Community Development Board, in accordance with the requirements of Section 24-64 of this
Chapter.
(2) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a
safe condition. Building Permits shall be required.
(3) A Nonconforming Structure may be maintained, and repairs and alterations may be made subject
to the provisions of this Section. Building Permits shall be required.
(4) No additional Structure not conforming to the requirements of this Chapter shall be constructed in
connection with the Nonconforming Use of Land.
(5) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be
rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(6) Residential Structures which were lawfully existing, but Nonconforming with respect to required
Building Setbacks may be reconstructed within the previously existing footprint, provided that
where any exterior side wall is reconstructed, a minimum five (5) foot side yard Setback shall be
required. This provision shall apply only to reconstruction following damage that has occurred
from an unintended act, including fire and weather related events, and not from an intentional act
of the property owner or occupant, in which case the required Building Setbacks of the particular
Zoning District shall be required.
(Sec. 24-86. is not changed by this Ordinance.)
Sec. 24-87. Replacement of Lawfully Existing Residential Uses including those damaged
or destroyed by fire, weather related or other unintended acts.
The following provisions clarify when a residential Use, which may be a Nonconforming Use, can be
replaced following an event which results in the loss of a Dwelling or substantial damage to a Dwelling
such that replacement is desired by the property owner. These provisions shall apply only to damage
occurring from an unintended act, including fire and weather related events and not from an intentional
act of the property owner or occupant.
(a) Single-family Dwellings. Any lawfully existing single-family residential Use, which has been
constructed pursuant to properly issued Building Permits, shall be deemed a Vested Use such that
the residential Use may be replaceable.
(b) Two-Family Dwellings. Any lawfully existing Two-family (Duplex) Dwelling or Townhouse
may be replaced in accordance with the provisions of preceding Section 24-86.
(c) Multi-family Dwellings. Any lawfully existing Multi-family residential Use, which has been
constructed pursuant to Building Permits properly issued prior to the December 13, 1990
effective date of Ordinance 95-90-48 adopting the original Comprehensive Plan for the City of
Atlantic Beach, shall be deemed a Vested Use such that the Multi-family Dwellings may be
replaceable. In no case shall the number of residential units be increased except in compliance
with the applicable Density limitation of the Comprehensive Plan, as may be amended.
Page 2 of 2 Ordinance 90-07-201