Ordinance No. 90-08-203ORDINANCE NUMBER 90-08-203
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF
THE CODE OF ORDINANCES, THE LAND DEVELOPMENT
REGULATIONS, AS ADOPTED BY ORDINANCE NUMBER 90-01-172,
INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS
ORDINANCE SPECIFICALLY AMENDING SECTION 24-172,
RESIDENTIAL DEVELOPMENT STANDARDS TO DELETE
SUBSECTION (c) (1), FLOOR AREA RATIO, AND ALSO CREATING
NEW SUBSECTIONS (e) AND (~ TO ESTABLISH VARIANCE AND
REVIEW PROVISIONS RELATED TO THE RESIDENTIAL
DEVELOPMENT STANDARDS; 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 March 24, 2008.
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 24-172, Residential Development Standards within
the Land Development Regulations, is 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 th it of Atlantic Beach the 10th day of
March, 2008. Passed on final reading and public hearinl~ie 4th day of March, 2008.
JO~ S. M~SERVE
Mav r/Press n~ Officer
to form and correctness: Attest: /'
C j~Q'~Y~~1ZQ/ GY ~~~'t/J
JENSEN, ESQUIRE DONNA L. BUSSEY, CMC
nev City Clerk
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Ordinance 90-08-203
EXHIBIT A
SECTION 24-172. Residential Development Standards
(a) Purpose and Intent. 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 Character -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 are 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.
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Ordinance 90-08-203
(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.
(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 1 lth 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 14 located on the north side
of 11th 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 area.
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 standards and
requirements shall apply to that area defined in preceding paragraph (b), and as further and
more specifically described for each particular standard or requirement.
(1) 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 architectural design other than siding material or windows.
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Ordinance 90-08-203
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 Yard and any other
existing adjacent residential Buildings.
(2) 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.
(3) 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.
(4) 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 Yard 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 are 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.
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Ordinance 90-08-203
(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 hurricane, 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 Standards. The provisions of Section 24-85 shall otherwise apply
to Nonconforming Lots, Uses and Structures
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 parcel containing the Vested Development.
Furthermore, an existing Single-family or Two-family Dwelling for that particular
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 Yard 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.
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Ordinance 90-08-203
(e) Requests to vary from the provisions of the Residential Development Standards.
Recognizing that there may be alternative means by which to achieve the Purpose and Intent
of this Section, an Applicant may request a Variance to provisions of this Section in
accordance with the procedures as set forth within Section 24-64 of this Chapter, except that
the following shall be considered as grounds to approve such requests. (Paragraphs (c) and
(d) of Section 24-64 shall not be applicable to such requests.)
Requests to vary from the provisions of the Residential Development Standards may be
granted, at the discretion of the Community Development Board, upon finding that:
i. The proposed development will not result in excessive height, mass or bulk that will
excessively dominate the established development pattern within the neighborhood or
excessively restricts light, air, breezes or privacy on adjacent properties.
ii. The proposed development will be compatible and consistent with the diversity of
architectural styles and building forms found in Old Atlantic Beach.
(f) Annual review of these Residential Development Standards. The Community
Development Board shall at a regularly scheduled meeting review these provisions once
yearly. Such review shall address the effectiveness of these provisions; the prior year's
activity subject to these provisions and any needed revisions. The Community Development
Director shall then forward a report containing any recommendations of the Community
Development Board, including a summary of any public input, to the City Commission.
Page 6 of 6
Ordinance 90-08-203
Proposed revisions to Section 24-172. Residential Development Standards
Note: Underlined,represents new text. Strikethrough represents deleted text.
No changes to Sections (a) or (b)are proposed.
(c) Additional Residential Development Standards. The following standards and
requirements shall apply to that area defined in preceding paragraph (b), and as further and
more specifically described for each particular standard or requirement.
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March 10, 2008 regular meeting
No other changes to Subsection (c)are proposed.
Proposed new Subsections (e) and (fl.
(e) Requests to vary from the provisions of the Residential Development Standards
Recognizing that there may be alternative means by which to achieve the Purpose and
Intent of this Section, an Applicant may request a Variance to provisions of this Section in
accordance with the procedures as set forth within Section 24-64 of this Chapter, except
that the following shall be considered as grounds to approve such requests (Paragraphs (c)
and. (d) of Section 24-64 shall not be applicable to Such re uest5~
Requests to vary from the provisions of the Residential Development Standards may be
granted, at the discretie~n of the Community Development Board, upon finding,that•
i. The proposed development will not result in excessive height, mass or bulk that will
excessively dominate the established development pattern within the neighborhood or excessively
restricts light, air, breezes or privacy on adjacent properties
ii. The proposed. development will be compatible and consistent with the diversity of
architectural styles alid building forms found in Old Atlantic Beach
(1) Annual review of these Residential Development Standards The Community
:Development Board shall at a regularly scheduled meeting review these provisions once earl
Such_rev~ew shall address the effectiveness of these provision the prior year's activity subject
to these provisions and any needed revisions The Community Development Director Shall then
forward. a report containing any recommendations of the Community Development Board
uicludin~ a summar~of any public input to the City Commission
March 10, 2008 regular meeting