Item 7AAGENDA ITEM # 7A
APRIL 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading of proposed Ordinance 90-08-204 to amend Section 24-154 of
the Land Development Regulations, Display and Sale of Merchandise Outside of an enclosed
Building, to allow such outside displays of retail goods within the Commercial General Zoning
District subject to certain conditions.
SUBMITTED BY: Sonya Doerr, AICP ,.C,T~
Community Development Director
DATE: Apri102, 2008
BACKGROUND: See attached Community Development Board Staff Report. This proposed
change to the Land Development Regulations has been pending for several months while other
more pressing issues have been completed.
The proposed revisions are substantively the exact same as those reviewed by the City
Commission earlier this year. The CD Board recommended an addition to require athree-foot
wide clear sidewalk area around any outside retail displays, and this has been incorporated. Staff
has also added one additional provision as a result of our Mayport Road discussions. (See the
final paragraph (g), which is underlined and should be self-explanatory.) Staff has interpreted
the current Section 24-154 to be applicable to "all zoning districts" but in reviewing this
language closely, Planning and Code Enforcement felt clarification was probably warranted.
RECOMMENDATION: Motion to approve on first reading consistent with recommendation
of the Community Development Board.
ATTACHMENTS: Staff report prepared for Community Development Board and Minutes of
the February 19th CD Board meeting.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
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April 14, 2008 regular meeting
AGENDA ITEM # 7A
APRIL 14, 2008
ORDINANCE NUMBER 90-08-204
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 24-154,
DISPLAY AND SALE OF MERCHANDISE AND BUSINESS
ACTIVITIES OUTSIDE OF AN ENCLOSED BUILDING, 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 Apri128, 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 24-154, Display and Sale of Merchandise and Business
Activities Outside of an Enclosed Building, as set forth 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 the City of Atlantic Beach the 14th day of
April, 2008. Passed on final reading and public hearing the 28th day of April, 2008.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
JOHN S. MESERVE
Mayor/Presiding Officer
Attest:
DONNA L. BUSSEY, CMC
City Clerk
Page 1 of 3 Ordinance 90-08-204
AGENDA ITEM # 7A
APRIL 14, 2008
EXHIBIT A
Sec. 24-154. Outdoor Display, Sale and Storage of Furniture, Household Items,
Merchandise and Business Activities Outside of enclosed Buildings.
(a) Within all non-residential Zoning Districts, the outside display of products, or outside sale of
furniture, clothing, dry goods, hardware or other similar merchandise, equipment and materials, and
also street vendors, shall be prohibited, with the following exceptions.
(1) Landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental
articles for use in lawn, garden or patio areas, displayed for sale on private property only and
subject to provision of any required buffering and screening.
(2) Locations authorized for permanent automotive sales, except that no storage or display of tires,
auto parts, tools, service or repair work is permitted outdoors, and no streamers, banners,
pennants, balloons, flashing lights or similar items are permitted in any location.
(3) Temporary farmer's markets limited only to farm and garden produce, and seasonal items such as
Christmas trees and pumpkins, may be permitted on private property subject to approval by the
City Manager verifying adequate parking, safe site access, and establishing the duration and time
of such activities. Other conditions for approval, as appropriate, may be required.
(b) Within the Commercial General (CG) Zoning Districts, outside display of merchandise shall be
permitted only in accordance with the following conditions.
(1) Display areas must be fully located on private property, shall not be located in any drive aisle,
parking or landscaping areas and shall not in any manner interfere with use of a sidewalk,
walkway or entrance to a business with a minimum three (3) foot wide clear area maintained for
walkways in front of any such display. All items and any display rack or table must be brought
inside at the close of each business day.
(2) Outside display racks or tables are limited to a maximum size of three-feet in height, two-feet in
depth and five-feet in width, and only one outside display rack shall be permitted per business or
per lot, as applicable. Display racks or tables must be professionally constructed or manufactured
and of a type customarily used for such purposes. Temporary tables constructed of plywood,
blocks or other similar materials shall not be used.
(3) Only merchandise that is sold inside the adjoining business, which holds the valid business
license as the owner or lease holder to operate such business, shall be displayed outside.
(4) No temporary signs, lights, banners, balloons, posters and the like shall be permitted on such
displays, except that pricing information attached to individual items for sale is permissible, and
such displays shall be maintained in a neat, orderly and uncluttered manner.
(5) Failure to consistently observe all above conditions shall result in an order from the City to
remove all such merchandise and revocation of rights for such future outside displays may
follow.
(c) Unless expressly permitted by this Section or elsewhere within these Land Development Regulations,
all business related products services and activities shall be conducted within an enclosed Building,
subject to compliance with applicable licensing requirements.
Page 2 of 3 Ordinance 90-08-204
AGENDA ITEM # 7A
APRIL 14, 2008
(d) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats, RVs
and the like, flea markets, swap meets, regardless of the name used to describe these, shall be
prohibited in all Zoning Districts.
(e) Any signage used for any outside merchandise or activity shall be in accordance with the sign
regulations.
(f) This section shall not be construed to prohibit outdoor Restaurant seating on private property where
permitted by the property owner and in compliance with other applicable regulations including
required parking, and any required licensing from the Division of Alcoholic Beverages.
(~) Within all residential Zoning Districts and also includin any property containing a residential use
household items furniture and those items customaril intended for indoor use shall not be dis la ed
maintained or permanently stored outdoors or in any location on the lot where such items are visible
from adjacent properties. Discarded or unused household items shall be stored or pro erl~posed
of to avoid mold, rodent and insect infestations which may result in health risks and which also create
unsls?htly appearances that neeatively effect nei>;hborhoods Such violations shall be corrected
immedlatelv~on written order from the City
Page 3 of 3 Ordinance 90-08-204
AGENDA ITEM # 7A
APRIL 14, 2008
AGENDA ITEM S.d.
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COMMUNITY DEVELOPMENT STAFF REPORT
February 19, 2008 Public Hearing to consider
revisions to Section 24-154 of the Land Development Regulations
To: Community Development Board
From: Community Development Director
City of Atlantic Beach
Date: January 30, 2008
Subject: Recommendation to the City Commission related to proposed revisions to Section 24-154 of
the Land Development Regulations, Display and Sale of Merchandise Outside of an
enclosed Building, to allow such outside displays of retail goods within the Commercial
General Zoning District subject to certain conditions.
Section 24-154 (reproduced below) requires merchandise to be kept within an enclosed building with the
exception of landscaping, lawn and garden items and automobiles where these are legally permitted to be
sold.
Sec. 24-154. Display and Sale of Merchandise Outside of an enclosed Building.
(a) Outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar
merchandise, equipment and materials, and also street vendors, shall be prohibited in all Zoning Districts, except
this shall not apply to locations for permanent automotive sales, or to landscaping and garden supplies, nursery
stock in containers, patio furniture and ornamental articles for use in lawn, garden or patio areas, subject to
provision of any required buffering and screening.
(b) Unless expressly permitted by this Chapter, all business related products and activities shall be conducted within an
enclosed Building, subject to compliance with applicable Florida Building Code requirements.
(c) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats and the like shall be
prohibited in all Zoning Districts.
In response to requests by several shop owners, the City Commission has directed staff to prepare revisions
to the existing Land Development Regulations that now prohibit the outside display of merchandise.
(Previous City Commission staff report is attached.) Staff has consistently expressed concerns about
"opening this door" particularly after observing some of the unsightly conditions along the City of
Jacksonville portions of Mayport Road where all manner of items are displayed for sale in front of
businesses. Businesses in beach communities also have the added incentive for assorted beach
paraphernalia, t-shirts, souvenirs and the like.
AGENDA ITEM # 7A
APRIL 14, 2008
Nonetheless, the Commission has asked staff to draft revisions for discussion that would provide some
flexibility for businesses wishing to display merchandise in front of their businesses, while not resulting in
negative unintended consequences.
I have contacted most all jurisdictions in the area to learn what these communities do in this regard. Nearby,
Neptune Beach does not allow outside merchandise of any type. Jacksonville Beach does not prohibit this in
their commercial zoning districts, but outside display is regulated (and generally prohibited) by special
condition in the larger commercial PUDs.
I have prepared the attached revisions to the existing ordinance for consideration. While these conditions
minimize most of my concerns related to such a change, Code Enforcement and Zoning staff will monitor
the impacts of these changes if adopted, and will not hesitate to propose further revisions if the aesthetics of
the City are adversely impacted. The City Commission reviewed these proposed revisions at their January
28th meeting, and directed staff to proceed to the Community Development Board for review and
recommendation.
Suggested Action to Recommend Adoption of prouosed revisions
The Community Development Board may consider a motion to recommend approval and adoption to the
City Commission of these proposed revisions to Section 24-154 of the Land Development Regulations,
Display and Sale of Merchandise Outside of an enclosed Building, to allow such outside displays of retail
goods within the Commercial General Zoning District subject to certain conditions, provided:
Include other revisions or changes and additional findings of fact as may be appropriate.
I . This amendment to the Land Development Regulations is consistent with the Purpose and Intent of
said regulations, and this amendment has been fully considered after public hearing with legal notice
duly published as required by law.
2. The amendment is consistent with the Comprehensive Plan, specifically the Future Land Use
Element, and the City's desire to encourage retail and neighborhood-serving business activity
2
AGENDA ITEM # 7A
APRIL 14, 2008
DRAFT January 31, 2008
Sec. 24-154. Display and Sale of Merchandise and Business Activities Outside of an enclosed Building.
(a) The outside display of products, or outside sale of furniture, clothing, dry goods, hardware or other similar
merchandise, equipment and materials, and also street vendors, shall be prohibited in all Zoning Districts, with the
following exceptions in non-residential Zoning Districts one.
(1) Landscaping and garden supplies, nursery stock in containers, patio furniture and ornamental articles for use in
lawn, garden or patio areas, displayed for sale on rivate property n1Y and subject to provision of any required
buffering and screening.
Locations authorized for permanent automotive sales. No storage or display of tires auto parts tools service
or repair work is permitted outdoors and no streamers banners pennants balloons flashing lights or similar
items are permitted.
(3) Temporary farmer's markets limited only to farm and Yarden produce and seasonal items such as C'hr istmas
trees and pumpkins may be permitted on private property subject to approval by t17e City Manager verifying
adequate parking safe site access and establishin~tlie duration and time of such activities. Other conditions
for approval as app~riate ma be required
(4) Within the Commercial Creneral Zoning Districts onl~n accordance with the following conditions.
i. Display areas must be fully located on private property shall not be located in any drive aisle paikinr; ar
landscaping areas and shall not m any manner interfere with use of ~ sidewalk, walkway or entrance to a
business, and all items must be brought inside at the close of each business dad
ii. Outside display racks or tables are limited to a maximum size of three feet in height two feet in depth and
five-feet m width, and only one outside display rack shall be permitted per business or per lot as
applicable. Display racks or tables must be professionally constructed or manufactured and of a tv~e
customarily used for such purposes Temporary tables constructed of pl wood, blocks or other similar
materials shall not be used. -~
~:iii.Unly merchandise that is sold inside the adioiniiig business which holds the valid business lic,cns~, as the,
owner or lease holder to operate such business shall be displayed outside
+t:iv. No temporary signs lights banners balloons posters and the like shall be permitted on such displays
except that pricing information attached to individual items tier sale is permissible, and such. displays shall
be maintained in a neat orderly and uncluttered manner
+ii:v. Failure to consistently observe all above conditions shall result in an order from the City to remove all
such merchandise and revocation of rights for such future outside displays may follow
(b) Unless expressly permitted by this section or this Cha ter all business related productsiseryices and activities
shall be conducted within an enclosed Building, subject to compliance with applicable f'.~,riu
C-t~lelicensing requirements.
(c) Temporary shows for the outdoor display and sale of automobiles, trucks, motorcycles, boats, RVs and the
like flea markets, swap meets, regardless ofthe Warne used to describe these shall be prohibited in all Zoning
Districts.
(d) Any signage used for any outside merchandise or activity shall be in accordance with the sign re ulations.
(e) 'I'bis section shall not be construed to prohibit outdoor Restaurant seatin r on private p~erty where. ~ennitted
by the property owner and m compliance with other applicable regulations including required parkin ,and
any re aired licensing from the Divisio~i of Alcoholic Beverages,
AGENDA ITEM # 7A
APRIL 14, 2008
Minutes of the February 19, 2008 regular meeting of the Community Development Board
ITEM 5.d. Recommendation to the City Commission related to proposed revisions to Section
24-154 of the Land Development Regulations, Display and Sale of Merchandise Outside of an
enclosed Building to allow such outside displays of retail goods within the Commercial
General Zoning District subiect to certain conditions
Ms. Doerr introduced the item, explaining that several local merchants appeared before the City
Commission last spring, requesting that they be allowed to display merchandise outside their
places of business. Visits by the Code Enforcement Officer prompted this request.
She noted that Section 24-154 was revised for clarification when some issues arose five or six
years ago. Since then, outdoor display of certain items such as gardening supplies and equipment
has been permitted. However, clothing and general merchandise are I~ot allowed. This being a
beach community, the ordinance was purposefully restrictive to prevent the display of "beach
stuff'.
Ms. Doerr reported that the same shop owners appeared again late last year and while the
Commissioners were sympathetic to their situation, City Attorney Alan Jensen warned that the
Commission could not be selective in granting such permission. So, the Commission directed staff
to come up with revisions that would incorporate some flexibility.
After speaking with representatives from nearby beach communities, Ms. Doerr drafted language
specific to the Commercial General Zoning District as well as several other situations that had
recently been discussed, such as seasonal outdoor sales (Christmas Trees, farmer's markets) and
outdoor restaurant seating, especially that involving the sale & serving of alcohol. According to
the proposed language, outdoor merchandise display or business activities could only be located on
private property, and not on public sidewalks. Ms. Doerr noted that Town Center would be an
example the sidewalks being public, whereas the sidewalks at the Publix shopping center are
considered private. Other conditions would require that there be a limit as to the number and size
of racks put out, that all merchandise be taken in at the close of business, and that the merchant
could not sell something outside that was not also sold inside. Additionally, merchants would have
to comply with all other regulations, such as signage.
Ms. Drysdale inquired as to proposed item 24-154(a)(4)i., which states that display areas "shall not
in any manner interfere with use of a sidewalk, walkway or entrance to a business". Mr. Adams
stated that he would prefer to see a specific dimension, such as a 3-foot unobstructed area, to aid
the Code Enforcement Officer.
Ms. Glasser noted that the merchants are already displaying their wares outside, and she realizes
that the Mayor and Commissioners want to assist local businesses, but she sees this as rewarding
bad behavior. She asked if any of the shop owners requesting the change have ever been before
the Code Enforcement Board (CEB) or paid fines for such violations, or if any of them are repeat
offenders. Ms. Hall replied that Code Enforcement Officer Alex Sherrer visits merchants
whenever he gets a complaint or observes outdoor displays, and typically the merchants comply
immediately. However, they might turn around and do the same thing the next day or next week.
She said she was unaware if anyone had actually been before the CEB or paid fines for outdoor
displays, but she confirmed that Mr. Sherrer does keep a log of all cases.
Page 7 of 10
AGENDA ITEM # 7A
APRIL 14, 2008
Minutes of the February 19, 2008 regular meeting of the Community Development Board
R.D. DeCarle, 51 Beach Avenue, spoke in favor of the outdoor displays so long as they were not
on City sidewalks, explaining that sometimes vendors need to put things out to entice folks in.
Mr. Boyer said that he was comfortable with the language that Ms. Doerr had put together.
MOTION: Finding that the language of the proposed amendment is consistent with the
Comprehensive Plan, specifically the Future Land Use Element, and the City's desire to
encourage retail and neighborhood-serving business activities, and finding also that it is
consistent with the Purpose and Intent of Section 24-154 of the Land Development
Regulations, and that it has been fully considered after a public hearing with legal notice
duly published as required by law, David Boyer made a motion to recommend approval of
the proposed amendment, with the addition of a clearly defined (3-foot) dimension to Section
24-154(a)(4)I, to assist in the enforcement, to the City Commission. Ellen Glasser seconded
the motion. There was no further discussion and the motion passed unanimously.
Page 8 of 10