Ordinance No. 90-08-204ORDINANCE 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 April 28, 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 City of Atlantic Beach the 14th day of
April, 2008. Passed on final reading and public hearin~ 2~th day of April, 2008.
;VE
Officer
form and correctness: Atte/s~t: /~
/ ~G~!YYYLQi 0~
.EN, ESQUIRE DONNA L. BUSSEY, CM
City Clerk
Page 1 of 3 Ordinance 90-08-204
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
(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.
(.g~ Within all residential Zoning Districts and also includin¢ any property containing a residential use,
household items furniture and those items customarily intended for indoor use shall not be displayed,
maintained or permanents stored outdoors or in any location on the lot where such items are visible
from adjacent Qroperties Discazded or unused household items shall be stored or properly disposed
of to avoid mold rodent and insect infestations which may result in health risks and which also create
unsightly appearances that ne atg ively effect ne~Ql-borhoods Such violations shall be corrected
immediately upon written order from the City.
Page 3 of 3 Ordinance 90-08-204