Ordinance No. 90-10-212ORDINANCE NUMBER: 90-10-212
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING AMENDED LAND
DEVELOPMENT REGULATIONS AS SET FORTH WITHIN ATTACHED
EXHIBIT A, WHICH REGULATE THE USE AND DEVELOPMENT OF LAND
AND WATERS WITHIN THE CITY OF ATLANTIC BEACH. SUCH
REGULATIONS SHALL BE ADOPTED AS CHAPTER 24 OF THE CODE OF
ORDINANCES AS PREVIOUSLY AMENDED AND ADOPTED THROUGH
ORDINANCE NUMBER 90-09-211 AND CONTAINING SIX ARTICLES:
ARTICLE 1 — PROVIDING FOR ADOPTION AND AUHTORITY, PURPOSE
AND INTENT, JURISDICTION, AMENDMENTS, LEGAL STATUS AND
CONSISTENCY WITH THE COMPREHENSIVE PLAN; ARTICLE II —
LANGUAGE AND DEFINITIONS; ARTICLE III — ZONING REGULATIONS;
ARTICLE IV — SUBDIVISION AND SITE DEVELOPMENT REGULATIONS;
ARTICLE V — ENVIRONMENTAL AND NATURAL RESOURCE
REGULATIONS, AND ARTICLE VI — CONCURRENCY MANAGEMENT
SYSTEM. THIS ORDINANCE ALSO PROVIDES FINDINGS OF FACT,
PROVIDES FOR SEVERABILITY, REPEAL OF CONFLICTING
ORDINANCES, OR PORTIONS THEREOF AND PROVIDES AN EFFECTIVE
DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida, (hereinafter the
"Commission") hereby finds that the public health, safety and welfare of citizens are protected and
enhanced by the enactment of these Land Development Regulations. These regulations shall serve
to inform the public of regulations and provisions, which generally and specifically regulate the use
and development of land and waters within the City of Atlantic Beach. These Land Development
Regulations shall also: (a) protect the natural environment and its resources; (b) protect and
preserve the quality of life within the City of Atlantic Beach; (b) implement the Comprehensive
Plan for the City of Atlantic Beach, and (d) preserve Constitutionally protected property rights, and
WHEREAS, the Zoning Districts and regulations set forth herein provide for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and
general welfare of the public and serve to accomplish and implement the goals and objectives of the
Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held on the 8th day
of March, 2010 at 6:00 p.m. to hear and enact said Land Development Regulations.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals are hereby incorporated herein as Findings of Fact in
support of this Ordinance and these Land Development Regulations.
Ordinance No. 90-10-212 Page 1 of 2
SECTION 2. The attached Exhibit A, entitled Land Development Regulations, is hereby
adopted and incorporated as Chapter 24 of the City of Atlantic Beach Code of Ordinances.
SECTION 3. City of Atlantic Beach Zoning and Subdivision Regulations as adopted
within Chapter 24 of the City of Atlantic Beach Code of Ordinances through Ordinance Number
90-09-211, as may have been amended from time to time, are hereby repealed to be replaced with
Exhibit A, provided that certain development, land use, or construction, if qualified, may have
vested rights to continue or be completed under the terms of these repealed ordinances or provisions
therein.
SECTION 5. All provisions of any City of Atlantic Beach ordinance, resolution, regulation
or policy in express conflict with these Land Development Regulations are hereby repealed to the
extent of such conflict.
SECTION 6. Other regulations and ordinances which may regulate the use and
development of Land, such as but not limited to utility, sign, vegetation, and ordinances
incorporating Florida Building Codes, and other such technical codes, remain in effect and are not
replaced by these Land Development Regulations.
SECTION 7. In the case that any section, subsection, paragraph, phrase or sentence of this
Ordinance or these Land Development Regulations is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect the validity and lawfulness of
the remaining portions of this Ordinance or these Land Development Regulations.
SECTION 8. This Ordinance and these Land Development Regulations shall take effect
immediately upon final passage.
SECTION 9. This Ordinance 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 on first reading by the City Commission of the City of Atlantic Beach this 22nd day of
February, 2010.
Passed and enacted on final reading and following a public hearing this 8th day of March,
2010.
f
LOUIS "MIKE" BORNO, JR.
Mayor/Presiding Officer
Approved as to form and correctness:
AV C. ENSEN, ESQUIRE
CittA rney
Attest: lY 2bth
DONNA L. BARTLE, CMC
City Clerk
Ordinance No. 90-10-212 Page 2 of 2
EXHIBIT A
Chapter 24
of the Code of Ordinances for the City of Atlantic Beach, Florida
LAND DEVELOPMENT REGULATIONS
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and Authority.
This Chapter, together with all future amendments hereto, is adopted under the terms granted by the Charter.
The City Commission does hereby exercise the power to classify Land within the jurisdiction of the City of
Atlantic Beach into Zoning Districts; to review, approve or deny requests to change Zoning District
classifications; requests for Uses -by -Exception; requests for Variances and Waivers to certain provisions of
these regulations; to hear appeals on any decisions; to review and approve or deny Plats for the Subdivision of
Land and to make Comprehensive Plan amendments.
Sec. 24-2. Purpose and Intent.
The purpose of this Chapter, the Zoning Districts and regulations set forth herein is to provide for orderly
growth; to encourage the most appropriate use of Land; to protect the natural environment; to protect and
conserve the value of property; to prevent the overcrowding of Land; to promote, protect and improve the
health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help
accomplish the goals and objectives of the Comprehensive Plan. Further,
(a) In interpreting and applying the provisions of this Chapter, these provisions shall be held to be the
minimum requirements for the promotion of the health, safety, and general welfare of the community.
(b) It is not intended by this Chapter to interfere with or abrogate or annul any Easements or other private
agreements between parties. Where any provision of this Chapter imposes restrictions that are different
from those imposed by any other provision of this Chapter, or any other ordinance, rule or regulation, or
other provision of law, whichever provisions are the more restrictive or impose higher standards shall
control.
Sec. 24-3. Jurisdiction.
The provisions of this Chapter shall apply to all Lands, Buildings, Structures and to the Uses within the
jurisdiction of the City of Atlantic Beach. No Land, Building or Structure shall be Used, moved, added to or
enlarged, altered or maintained except in conformance with the provisions of this Chapter and in
conformance with the Comprehensive Plan.
Sec. 24-4. Amendments. For the purpose of providing for the public health, safety and general
welfare of the City of Atlantic Beach, the City Commission may, from time to time, amend the
provisions of this Chapter. Public hearings on all proposed amendments shall be held by the City
Commission or the Community Development Board
in the manner as prescribed by Florida law and as set forth within Section 24-52 of this Chapter.
Sec. 24-5. Legal Status and Consistency with the Comprehensive Plan. Pursuant to Chapter
163.3194(1), Florida Statutes, as may be amended, all Development undertaken, and all actions taken in regard
to Development, shall be consistent with the adopted Comprehensive Plan. Further, all Land Development
Regulations enacted or amended shall be consistent with the adopted Comprehensive Plan, and in the event of
inconsistency between the requirements of any zoning or Land Development Regulations, the provisions of the
Comprehensive Plan shall prevail. The City Commission shall have the authority to amend the adopted
Comprehensive Plan in accordance with the process established within Chapter 163.3184, Florida Statutes.
Secs. 24-6. through 24-15. Reserved.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 1
EXHIBIT A
ARTICLE II. LANGUAGE AND DEFINITIONS
Sec. 24-16. Construction of Language.
The following rules of construction shall apply to the text of this Chapter:
(a) The particular or specific shall control the general.
(b) In case of any difference in the meaning or implication between the text of this Chapter and any caption or
illustrative table, the text shall control.
(c) The word "shall' is always mandatory and not discretionary. The word "may" is permissive.
(d) "Building" or "Structure" includes any part thereof, and these terms may be used interchangeably.
(e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."
(f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items,
conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the
conjunction shall be interpreted as follows.
(1) "And" indicates that all the connected items, conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any
combination.
(3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but
not in combination.
(g) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning
to all other instances or circumstances of like kind or character.
(h) In the event that the provisions, as set forth within this Chapter, conflict with those of any other Federal
law, Florida Statute, local ordinance, resolution or regulation, including the Comprehensive Plan for the
City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement
shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict
with the adopted Comprehensive Plan.
(i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any
other Federal, State or local ordinance, resolution or regulation shall mean as in effect at the time such is
applied, including all amendments made effective after the initial effective date of these Land Development
Regulations.
Sec. 24-17. Definitions.
For purposes of this Chapter, the following terms shall have the meanings as set forth within this Section.
Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code,
within Florida Statutes, or as established by State or Federal agencies of government as these may be amended,
shall be used in conjunction with these terms and the requirements of this Chapter. Terms used in this Chapter,
but not defined within this Section shall have their common meaning.
Note: The definitions set forth within this Section establish the meaning of terms used throughout this Chapter
and the City's Municipal Code of Ordinances and are also instructive as to how these Land Development
Regulations are implemented related to the use and limitations on the use of Lands within the City.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 2
EXHIBIT A
Abandoned Vehicle shall mean any junked, discarded, or inoperable motor vehicle, including any boat,
motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for Street
travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current
license tags. No such vehicle shall be parked or stored openly in any Zoning District unless expressly permitted
within that Zoning District.
Abutting Property shall mean any property that is immediately adjacent to or contiguous to the subject
property, or that is located immediately across any road or public Right-of-way from the subject property.
Accessory Structure shall mean any Structure located on a Lot, not attached to the Principal Building, and
ancillary in Use to the Principal Building. Pump houses for exterior well pumps and the like not exceeding nine
(9) square feet in area and four (4) feet in heightError! Bookmark not defined. shall not be considered as
Accessory Structures. Pump houses larger than nine (9) square feet or four (4) feet in height shall be considered
as a Private GarageError! Bookmark not defined. for the purpose of determining height and area regulations.
This definition shall not include Fences, Hedges and Walls, storage structures not exceeding eight (8) feet in
height and eighty (80) square feet, flagpoles, children's play equipment, pet houses and Landscape elements
provided such are otherwise in compliance with the requirements of this Chapter.
Accessory Use is one that is ancillary and incidental, but related to the Principal Use of the property.
Addition shall mean an extension or increase in floor area or height of a Building or Structure.
Administrative Official as used within this Chapter shall mean that person(s) designated by the City Manager
or the City Commission to perform such duties as required pursuant to this Chapter.
Adversely Affected Person as used within this Chapter shall mean a person who is suffering or will suffer an
adverse effect to an interest protected or furthered by these Land Development Regulations or the City of
Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common with other members
of the community, but must exceed in degree the general interest in community good shared by all persons in
the community.
Alley shall mean a public or private way, which affords only a secondary means of access to property abutting
thereto, which is not otherwise designated as a thoroughfare for general traffic.
Alteration shall mean any change in the arrangement of a Building; any work affecting the structural parts of a
Building; or any change in electrical, plumbing, heating or air conditioning systems.
Animal Hospital. See Veterinary Clinic or hospital.
Apartment House. See Dwelling, Multi -family.
Applicant shall mean the title owner of record, or his authorized representative, of Lands that are the subject of
a request for a change in zoning classification, a Use -by -Exception, a Variance, an appeal or any Development
Permit.
Appraised Value shall mean the value to an Improvement or property as determined by a certified appraiser.
For the purpose of determining the Appraised Value, the certified appraisal shall have been performed within
the previous twelve (12) months.
Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and
which does not contain any type of solid roof.
Assessed Value shall mean the value to an improvement or property as determined by the Duval County
Property Appraiser in the manner provided by Florida law.
Automotive Service, Minor shall mean the limited, minor or routine servicing of motor vehicles or parts, but
shall not include Heavy Automotive Repair. Facilities containing more than two (2) work bays, and performing
any type of automotive service or repair shall be defined as Heavy Automotive Repair.
Automotive Repair, Heavy shall mean the repair, rebuilding or reconditioning of motor vehicles or parts
thereof, including collision service, painting and steam cleaning of vehicles.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 3
EXHIBIT A
Bar or Lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic
beverages.
Base Flood Elevation (BFE) The elevation shown on the FEMA Flood Insurance Rate Map for Zones
AE,AH,A1-A30,AR,AR/A,AR/AE,AR/A1-A30,AR/AO,VI-V30, and VE that indicates the water
surface elevation resulting for a flood that has a one -percent chance of equaling or exceeding that level
in any given year.
Best Management Practice (BMP) shall mean the methods that have been determined to be the most effective,
practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation
or environmental resource management.
Block shall mean an arrangement or combination of Lots, the perimeter of which abuts Street Right-of-ways or
other publicly owned Lands. This may be construed to include approved Subdivision plans with Lot
arrangements or combinations where only a portion of the perimeter abuts a Street Right-of-way or publicly
owned Land.
Boarding House, Rooming House, Lodging House or Dormitory shall mean a Building or part thereof, other
than a Hotel, Motel or Restaurant, where meals and/or lodging are provided for compensation for three (3) or
more unrelated persons and where no cooking or dining facilities are provided in individual rooms.
Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument
of credit in any amount and form satisfactory to the City Commission. All Bonds shall be approved by the City
Commission wherever a Bond is required by this Chapter.
(a) Maintenance Bond: Upon issuance of the Certificate of Occupancy, or when required Improvements
are installed prior to recording the Plat, surety may be required to be posted in the amount of one hundred
(100) percent of the original engineer's estimate of the cost of improvements. The condition of this
obligation is such that the City will be protected against any defects resulting from faulty materials or
workmanship of the aforesaid improvements for a period of one year.
(b) Performance Bond: When required Improvements are installed after recording the Plat, surety may be
required to be posted in the amount of one hundred and twenty-five (125) percent of the engineer's estimate
of costs, including landfill.
Buffering. See Screening.
Buildable Area shall mean that portion of a Parcel which may be constructed upon in accordance with the
provisions of this Chapter and any other restrictions of City Code, applicable State or Federal regulations or a
recorded Subdivision Plat. Unless otherwise provided for within any such restriction, Buildable Area shall
exclude Building Setbacks, utility and drainage Easements, stormwater facilities, Wetlands and Lands seaward
of the Coastal Construction Control Line.
Building shall mean a Structure designed or built for support, enclosure, shelter or protection of persons,
animals or property of any kind. Building shall include any Structure constructed or used for a residence,
business, industry or other private or public purpose, including Buildings that are accessory to such Uses,
provided such Buildings are in compliance with the Florida Building Code.
Building Permit shall mean any permit, which authorizes the commencement of construction in accordance
with the Construction Plans or Site Plans approved by the City under the provisions of this Chapter and other
applicable Federal, State and local regulations.
Building, Principal shall mean a Building within which is conducted the Principal Use of the Lot or property
upon which the Building is situated.
Building Setback shall mean the minimum required horizontal distance between the front, rear or side property
lines of the Lot and the front, rear or sides of the Building. When two (2) or more Lots under single or unified
ownership are developed as a single Development Parcel, the exterior Lot Lines of the combined Parcel(s) shall
be used to determine required Building Setbacks. Building Setback and Building Restriction Line may have
the same meaning and may be used interchangeably where such lines are recorded on a Final Subdivision Plat.)
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 4
EXHIBIT A
Building Restriction Line (BRL) shall mean the line(s) extending across the front, sides and/or rear of the
property, as depicted on a platted Lot of Record. Buildings shall be contained within Building Restriction
Lines. Building Restriction Lines, which may require a greater Building Setback than the minimum Yard
Requirement of the applicable Zoning District, and which have been recorded upon a Final Subdivision Plat
approved and accepted by the City, shall be enforceable by the City.
Car Wash shall mean an area of Land or a Structure with either a machine or hand operated facilities, used
principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of
repair or servicing of motor vehicles or the dispensing of automotive fuels.
Cemetery shall mean Land used or intended to be used for the burial of animal or human dead and dedicated
for cemetery purposes, including mausoleums and mortuaries, if operated in connection with and within the
boundaries of such Cemetery.
Certificate of Occupancy or Certificate of Completion shall mean that certificate issued by the City of
Atlantic Beach subsequent to final inspection by the Building Official verifying that all improvements have
been completed in conformance with the requirements of this Chapter, any Final Subdivision Plat, and the
approved Construction Plans and the Florida Building Code.
Certified Survey shall mean a survey, sketch plan, map or other exhibit containing a written statement
regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under
whose supervision said survey was prepared. Certified Survey is inclusive of all types of surveys as may be
required by these Land Development Regulations.
Change of Use shall mean discontinuance of an existing Use and the substitution of a different Use as classified
by these Land Development Regulations. In the case of question regarding Use, such Use shall be determined
based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of
Management and Budget.
Child Care means the care, protection, and supervision of a child, for a period of less than 24 hours per day, on
a regular basis, which supplements parental care, enrichment, and health supervision for the child, in
accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child Care
provided within private homes shall be limited to care of not more than five (5) children, unrelated to the
operator, within a single time period, and shall be licensed and operated in accordance with all applicable
requirements of the Florida Department of Children and Families and Section 24-152 of this Chapter.
Child Care Facility shall include child care centers, day nurseries, kindergartens, and any child care
arrangement, which provides child care for more than five (5) children unrelated to the operator, and which
receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not
operated for profit. This definition shall not include Family Day Care Home.
Church shall mean a Building used for nonprofit purposes by a recognized or established religion as its place of
worship. A single residential Dwelling Unit for occupancy by the pastor or minister and their Families may be
located within the Church or on the same property as the Church. Ancillary recreational and fundraising
activities such as bingo nights are permitted.
City shall mean the City of Atlantic Beach.
Clinic shall mean an establishment where patients, who are not kept overnight, are admitted for examination
and treatment by one person or a group of persons practicing any form of healing or health services to
individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida.
Club shall mean a privately owned establishment owned and operated by a corporation or association of
persons for social or recreational purposes, but not operated primarily for profit or to render a service or
product, which is customarily carried on as a business. Ancillary recreational and fundraising activities such as
bingo nights are permitted.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 5
EXHIBIT A
Coastal Construction Control Line (CCCL) shall mean the line as determined by the Florida Department of
Environmental Protection (FDEP), and regulated under authority of the Beach and Shore Preservation Act,
Florida Statutes, Chapter 161, which is administered by the FDEP.
Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida.
Community Center shall mean a facility available for public use, which may be used for recreation activities,
meetings and social gatherings, and also for government, cultural, civic or similar type activities.
Comprehensive Plan shall mean the local government Comprehensive Plan, which was adopted by the City
Commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act, consistent with Chapter 163, Florida Statute, and which serves as the legal guideline for the future
development of the City. Pursuant to Florida Statutes, Chapter 163.3194 (1) (b), in the case of any
inconsistency between the provisions of this Chapter andthe Comprehensive Plan, the Comprehensive Plan shall
prevail.
Construction Plans shall mean the construction and engineering drawings, specifications, tests and data
necessary to show plans for construction of the proposed Improvements to Land, and shall be in sufficient detail
to permit evaluation of the proposals.
Corner Lot. See Lot, Corner.
Covenants shall mean various forms of private agreements and deed restrictions recorded in the public records
that restrict the Use of private property. Such agreements are private contractual arrangements, and the City has
no authority or obligation to monitor or enforce such agreements, but where these Land Development
Regulations impose a greater restriction on the Use and Development of Land, the provisions of these
regulations shall govern. The term Covenants shall include Restrictive Covenants, and other similar terms used
to describe such private agreements.
Density shall mean the number of residential Dwelling Units permitted per acre of Land, or portion thereof,
exclusive of Right-of-ways, canals and drainage ditches, lakes, rivers and jurisdictional Wetlands or Lands
seaward of the Coastal Construction Control Line. Allowable Density shall be established by the
Comprehensive Plan, as may be amended.
Development and Redevelopment shall be defined according to Florida Statutes, Chapter 380.04, as follows:
(a) Development means the carrying out of any Building or mining operation or the making of any material
change in the Use or appearance of any Structure or Land and the dividing of Land into more than two (2)
parcels.
(b) The following activities or Uses shall be taken for the purposes of this Chapter to involve development, as
defined in this section:
(1) A reconstruction, alteration of the size or material change in the external appearance of a Structure on
Land.
(2) A change in the intensity of Use of Land, such as an increase in the number of Dwelling Units in a
Structure or on Land or a material increase in the number of businesses, manufacturing establishments,
offices or Dwelling Units in a Structure or on Land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal
construction, as defined in Florida Statutes, Chapter 161.021.
(4) Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of Land.
(5) Demolition of a Structure.
(6) Clearing of Land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of Land.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 6
EXHIBIT A
(c) The following operations or Uses shall not be taken for the purposes of this Chapter to involve
Development as defined in this section:
(1) Work by highway or road agency or railroad company for the maintenance or improvement of a road or
railroad track, if the work is carried out on Land within the boundaries of the Right-of-way.
(2) Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the
purpose of inspecting, repairing, renewing or construction on established rights of way, any sewers,
mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like.
(3) Work for maintenance, renewal, improvement or alteration of any Structure, if the work affects only the
interior or the color of the Structure or the decoration of the exterior of the Structure.
(4) The Use of any Structure or Land devoted to Dwelling Uses for any purpose customarily incidental to
enjoyment of the Dwelling.
(5) A change in the ownership or form of ownership of any parcel or Structure.
(6) The creation or termination of rights of access, riparian rights, Easements, Covenants concerning
development of Land or other rights in Land.
Development Parcel or Development Site shall mean the contiguous or adjacent lands, lots or parcels for
which a unified Development Project is proposed.
Development Permit shall include any Building Permit, Variance, Use -by -Exception, Site Plan, Plat or
Subdivision approval, rezoning, or other official action of the City of Atlantic Beach, which shall permit the
Use or Development of Land upon proper issuance of said Permit.
Development Project shall mean a unified Development constructed or reconstructed on contiguous Lands.
District shall mean Zoning District classifications as established by the official Zoning Map and as set forth
within Division 5 of this Chapter.
Dual Rear Wheel Vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a
load capacity in excess of two tons, used for commercial/private use and used as a means of transporting
persons or property over the public street of the city and propelled by power other than muscular power which
have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel
pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual
rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear
wheel vehicle.
Duplex. See Dwelling, Two-family.
Dwelling Unit shall mean a single unit providing complete independent living facilities for one Family as
defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, Multi -family shall mean a residential Building designed for or occupied exclusively by three (3) or
more Families, with the number of Families in residence not exceeding the number of Dwelling Units provided.
Dwelling, Single-family shall mean a Building containing one Dwelling Unit, and not attached to any other
Dwelling Unit by any means, and occupied by one Family only.
Dwelling, Two-family (Duplex) shall mean a residential Building containing two Dwelling Units designed for
or occupied by two (2) Families, with the number of Families in residence not exceeding one Family per
Dwelling Unit.
Easement shall mean a grant from a property owner or public agency for the Use of Land for a specific purpose
or purposes by the general public or a public agency, by a corporation or by certain person(s).
Eaves and Cornices shall mean typical projections, overhangs or extensions from the roof Structure of a
Building. Eaves and Cornices shall not project beyond forty-eight (48) inches into Required Front and Rear
Yards. Eaves and Cornices shall not project into Required Side Yards beyond twenty-four (24) inches.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 7
EXHIBIT A
Elevation Certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in
the local flood plain datum as required by Federal Emergency Management Agency (FEMA). Elevation
Certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by
commonwealth, state, or local law to certify elevation information.
Environmentally Sensitive Areas shall include lands, waters or areas within the City of Atlantic Beach which
meet any of the following criteria:
(a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of
Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD);
(b) Estuaries or estuarine systems;
(c) Outstanding Florida Waters and Natural Water Bodies;
(d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach
and dune areas seaward of the Coastal Construction Control Line;
(e) Areas designated as Conservation by the Future Land Use Map;
(f) Essential Habitat to Listed Species as determined by approved methodologies of the Florida Fish and
Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and the
U.S. Fish & Wildlife Service.
Family shall mean one or more persons, related by blood, adoption or marriage, living and cooking together as
a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen (18).
Persons living and cooking together in a domestic relationship and as an integrated single housekeeping unit,
though not related by blood, adoption or marriage, shall be deemed to constitute a Family, provided that such
alternative definition of Family shall not exceed two (2) persons over the age of eighteen (18). The term Family
shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of
institutional living arrangements.
Family Day Care Home shall mean as defined by State law. (See also Group Care Home.) Pursuant to
Chapter 166.0445, Florida Statutes, the operation of a residence as a Family Day Care Home registered and
licensed with the Department of Children and Family Services or other licensing agency shall constitute a
permitted residential Use and shall not require approval of a Use -by -Exception.
Fence shall mean any horizontal Structure constructed of wood, vinyl, lattice, masonry, fence wire, metal or
similar materials for the purpose of enclosing, screening or separating Land. Open frames, open trellises, or
similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be
construed as a Fence, but shall comply with applicable regulations for such features as set forth within Section
24-157 of this Chapter.
Finished Floor Elevation (FFE) shall mean the surface elevation of the lowest finished floor of a Building.
Minimum required Finished Floor Elevation is established by the FEMA Insurance Rate Map (FIRM) and
expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE within the City of
Atlantic Beach is eight and one-half (8.5) feet above Mean Sea Level. (See also Section 24-82 (k).)
Floor Area shall mean the sum of the horizontal areas of all floors of a Building or Buildings, measured from
exterior faces of exterior walls or from the center line of walls separating two (2) attached Buildings.
Foster Home shall mean any establishment or private residence that provides 24-hour care for more than three
(3) children unrelated to the operator and which receives a payment, fee or grant for any of the children
receiving care, and whether or not operated for profit.
Freeboard is a factor of safety expressed in feet above the Base Flood Elevation (BFE). Within the City of
Atlantic Beach, required Freeboard is two and one-half (2.5) feet.
Future Land Use, as used in this Chapter, shall mean the Future Land Use as designated by the adopted
Comprehensive Plan Future Land Use Map, as may be amended.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 8
EXHIBIT A
Garage Apartment shall mean a Dwelling Unit for not more than one Family, which is combined with a
Private Garage, allowed only as set forth within Section 24-88. A Garage Apartment shall not be leased or
rented for periods of less than ninety (90) consecutive days. Only one Garage Apartment shall be allowed on a
residential Lot, subject to the provisions of Section 24-88.
Garage, Apartment Building shall mean a Building, designed and intended to be used for the housing of
vehicles, belonging to the occupants of an apartment Building on the same property.
Garage, Private shall mean a detached residential Accessory Structure or a portion of the Principal Building
used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and
personal property belonging to the occupants of the Principal Building. A Private Garage may contain sleeping
quarters, electrical service and plumbing, but shall not contain a Kitchen and shall not be converted to or used
as a Dwelling Unit. No Home Occupation shall be conducted with a Private Garage, unless approved in
accordance with the provisions of Section 24-159. A carport shall be considered as a Private Garage. (See
Section 24-151 (b) (1) iv.)
Garage, Public shall mean a Building or portion thereof, other than a Private Garage, designed or used for the
parking, storage and hiring of motor vehicles. Public Garages shall be permitted only within commercial and
industrial Zoning Districts.
Garage Sale shall mean a temporary event for the sale of personal property in, at or upon any residentially
zoned property, or upon any commercially zoned property independent of any business licensed under this Code
to conduct retail sales upon such property. Garage Sales shall include, but not be limited to, the advertising of
the holding of any such sale, or the offering to make any such sale, whether made under any other name such as
yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale.
Government Use shall mean the Use of Lands owned by the Federal, State or local government used for a
purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any
Lands used by a government, which are converted to private ownership, shall comply with the requirements of
the particular Zoning District classification and the Comprehensive Plan.
Grade, Calculated Average shall mean the average elevation of a site, calculated prior to development or
redevelopment of a site or any future topographic alteration of a site. The Calculated Average Grade shall be
used for determination of the maximum allowable Height of Building on Parcels that have topographical
variation of more than two feet as demonstrated by a certified topographical survey and for all oceanfront
parcels. This average elevation shall be determined by the mathematical average of elevation points dispersed
at approximately ten (10) foot equidistant intervals across the Buildable Area of a Parcel.
For sites where natural topography has been previously altered or where existing structures remain, the same
method shall be used excluding areas where existing structures remain.
Where required, the certified Calculated Average Grade Survey shall be submitted with Construction Plans, and
the Calculated Average Grade shall be depicted on all exterior elevation sheets of the Construction Plans. See
definition of Certified Survey for requirements.
Note: Alteration of topography for the sole purpose of achieving greater Height of Building is prohibited. See
also following definition for Established Grade.
Grade, Established shall mean the elevation of a site after any duly authorized and approved fill, excavation or
topographic alterations have been completed. Except as required to meet Coastal Construction Codes as set
forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet
applicable flood zone or stormwater regulations, the grade, elevation or topography of a Parcel, Development or
Redevelopment Site shall not be altered.
Group Care Home shall mean any properly licensed Dwelling, Building or other place, whether operated for
profit or not, where adult (age 18 or older) or elder care for a period exceeding twenty-four (24) hours is
provided and involves one or more personal services for persons not related to the owner or administrator by
law, blood, marriage or adoption, and not in foster care, but who require such services. The personal services, in
addition to housing and food services, may include but not be limited to personal assistance with bathing,
dressing, housekeeping, adult supervision, emotional security, and other related services but not including
medical services other than distribution of prescribed medicines.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 9
EXHIBIT A
Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent and
temporary occupancy by a non-paying guest or family member of the occupant of the primary residence. A
Guest House or Guest Quarters shall not be converted to or used as a permanent Dwelling Unit, shall not be
rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined herein.
Height of Building shall mean the vertical distance from the applicable beginning point of measurement to the
highest point of a Building's roof Structure or parapet, and any attachments thereto, exclusive of chimneys. The
appropriate method of determining the maximum allowable Height of Building shall be used in accordance with
the following.
(a) Parcels within designated Special Flood Hazard Areas as delineated on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) shall use the required Finish Floor
Elevation as the beginning point of measurement.
(b) Parcels that are not located within a designated flood hazard zones and which have topographic
variation of less than two feet as demonstrated by a certified topographical survey shall use the highest
Established Grade as the beginning point of measurement. Alternatively, property owners may use the
Calculated Average Grade method if preferred.
(c) Regardless of flood zone designation, Parcels with topographic variation of more than two feet as
demonstrated by a Certified Survey of topography, including all ocean front parcels, shall provide a
Certified Survey of the Calculated Average Grade, and the Calculated Average Grade shall be used as
the beginning point of measurement, excepting those parcels where the only topographical variation is a
City -maintained drainage Easement where the method described in preceding paragraph (b) shall be
used.
(d) Single -story construction where Height of Building is clearly below the maximum permitted height
shall not be required to provide a Certified Survey of the Calculated Average Grade, but shall provide
the Height of Building as measured from the Established Grade on the elevation sheets of Construction
Plans.
Home Occupation shall mean any Use conducted entirely within a Dwelling and carried on by an occupant
thereof, which Use is clearly incidental and secondary to the Principal Use of the Dwelling for residential
purposes and does not change the residential character thereof. Home Occupations shall be allowed only in
accordance with the requirements of Section 24-159.
Home Office shall mean a business activity consisting only of a private office to be used by the occupant of the
home, which is entirely located within a residential Structure and does not involve any daily on -premise contact
with customers or clients. A Home Office shall be clearly incidental and accessory to the residential Use of the
property, and shall not involve any employees, commercial signage, manufacturing or storage of products or
materials, or the use of any equipment other than normal office equipment and shall not create any additional
daily traffic. Home Offices shall be a permitted Accessory Use in all Residential Zoning Districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care and
treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not
including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant,
educational institution, convent or convalescent home or similar Institutional Use.
Hotel, Motel, Motor Lodge, Resort Rental, Bed and Breakfast or Tourist Court shall mean a Building, or
portion of a Building, containing individual guest rooms or guest accommodations for which rental fees are
charged for daily or weekly lodging. This definition shall not include private homes leased for periods
exceeding ninety (90) days.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 10
EXHIBIT A
Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common
Impervious Surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking Lots,
and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an
impervious material. Wood decking elevated two or more inches above the ground shall not be considered
impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath
roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that
stormwater shall not be considered impervious areas. Swimming pools shall not be considered as Impervious
Surfaces because of their ability to retain additional rainwater, however, decking around a pool may be
considered impervious depending upon materials used. Surfaces using pervious concrete or other similar open
grid paving systems shall be calculated as fifty percent (50%) Impervious Surface, provided that no barrier to
natural percolation of water shall be installed beneath such material. Open grid Pavers must be installed on a
sand base, without liner, in order to be considered 50% impervious. Solid surface pavers. (e.g., brick or brick
appearing pavers as opposed to open grid pavers) do not qualify for any reduction in impervious area, regardless
of type of base material used. Unless otherwise and specifically provided for in these Land Development
Regulations, or within another Ordinance, or by other official
action establishing specific Impervious Surface Limits for a particular Lot or Development Project, the fifty
percent (50%) Impervious Surface limit shall be the maximum Impervious Surface limit for all new residential
Development and redevelopment. In such cases where a previously and lawfully developed residential Lot or
Development Project exceeds the fifty percent (50%) limit, redevelopment or additions to existing residential
Development shall not exceed the pre -construction Impervious Surface limit, provided the stormwater and
drainage requirements of Section 24-66 are met.
Improvements shall include, but not be limited to street pavements, curbs and gutters, sidewalks, alley
pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street
names, signs, street lights, landscaping, monuments, or any other Improvement as may be required by the City
Commission or these Land Development Regulations.
Institutional Use shall mean the Structure or Land occupied by a group, cooperative, board, agency or
organization created for the purpose of carrying on functions, such as hospitals, schools, churches, fraternal
orders, orphanages, assisted living facilities, and nursing, convalescent or elder care homes.
Junk Yard. See Salvage Yard.
Kennel, Pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for
breeding, boarding or treatment purposes. This shall not include, Veterinary Clinics, animal grooming parlors
or pet shops.
Kitchen shall mean an area of a Building permanently equipped for food storage, preparation, or cooking.
Kitchenette shall mean an area within a Building containing limited Kitchen facilities such as a bar sink,
microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and includes any Improvements or
Structures customarily regarded as part of the Land.
Land Development Regulations as used within this Code shall have the same meaning as defined in Section
163.3164, Florida Statutes and shall include zoning, subdivision, Building and construction and other
regulations controlling the Use and Development of Land.
Landscaping shall mean any of the following or combination thereof: living materials, such as but not limited
to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used
in Landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains,
but excluding paving.
Laundromat, Self-service shall mean a business that provides noncommercial clothes washing and drying or
ironing machines to be used by customers on the premises.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 11
EXHIBIT A
Live Entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or
instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of
entertainment carried on and conducted in the presence of and for the entertainment and amusement of others
and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment.
Live Entertainment, as used within these Land Development Regulations, shall not include adult entertainment
establishments as defined by Chapter 847.001 (2), Florida Statutes.
Loading Space shall mean a space within the main Building or on the same property, providing for the
standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of
this Chapter.
Lot shall mean a parcel of Land occupied or intended for occupancy by a Use permitted within this Chapter and
having its required frontage upon a Street Right-of-way or permanent Easement, and as may be defined in
Chapter 177, Florida Statutes.
Lot Area shall mean the area formed by the horizontal plane within the Lot Lines.
Lot, Corner shall mean a Lot abutting two (2) or more Streets, or at a Street intersection or at a Street corner
having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior Lot Line of the
narrowest side of the Lot adjoining the Street shall be considered the front of the Lot. The exterior Lot Line of
the longest side of the Lot abutting the Street shall be considered as a side of the Lot and shall have a minimum
Required Side Yard of ten (10) feet. The opposite side Yard and the rear Yard shall conform to the minimum
Yard requirements of the Zoning District in which the property is located.
Lot Depth shall mean the distance measured from the middle point of the front Lot Line to the middle point of
the opposite rear Lot Line.
Lot Line shall mean the legal boundary of a Lot as established by a certified land survey.
Lot of Record shall mean:
(a) a Lot that is part of a documented Subdivision, the map of which has been recorded in the Office of the
Clerk of the Circuit Court, or
(b) a Lot or parcel of Land described by metes and bounds, the description of which has been recorded in the
Office of the Clerk of the Circuit Court, consistent with and in compliance with Land Development
Regulations in effect at the time of said recording.
Lot Width shall mean the mean horizontal distance between the side Lot Lines, measured at right angles to its
depth.
Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and
pleasure boats on Land, in Buildings, in slips or on boat lifts, and including accessory facilities for purposes
such as refueling, minor repair and launching.
Mean High Water shall mean the average height of the high waters over a nineteen (19) year period or for
shorter periods of observations; the average height of the high waters after corrections are applied to eliminate
known variations and to reduce the result to the equivalent of a mean nineteen (19) year value, as defined in
Chapter 253, Florida Statutes.
Mean Sea Level (MSL) A national standard reference datum for elevations, it is the average height of the sea
for all stages of the tide, usually determined from hourly height observations over a 19 -year period on an open
coast or in adjacent waters having free access to the sea; Formerly referred to as Mean Sea Level (MSL) of
1929, as elevations were historically related to the National Geodetic Vertical Datum of 1929 (NGVD);
however, national map modernization initiatives now typically relate elevations to the more accurate North
American Vertical Datum of 1988 (NAVD). Applicable datum (NGVD or NAVD) should be noted on all
maps, surveys.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 12
EXHIBIT A
Mini -warehouses shall include all those businesses commonly known as mini -warehouses, which shall be
utilized for the sole purpose of storage of tangible personal property. No business activity shall be conducted
within Mini -warehouses.
Mixed Use shall mean a Development or redevelopment project containing a mix of compatible uses intended
to support diversity in housing, walkable communities and a need for less automobile travel and a more efficient
use of Land. Uses within a particular Mixed Use project shall be consistent with the land use designations as
set forth within the Comprehensive Plan.
Mobile Home shall mean a Structure, transportable in one or more sections, which is eight (8) feet or more in
width and which is built on an integral chassis and designed to be used as a Dwelling when connected to the
required utilities including plumbing, heating, air-conditioning, and electrical systems.
Nonconforming Lot of Record shall mean a Lot of Record containing less than the minimum site area, site
dimensions or other site requirements of the applicable Zoning District, or which is not in compliance with the
provisions of other currently effective Land Development Regulations, as may be lawfully amended, but which
was legally recorded and documented prior to the effective date of such Land Development Regulations. (See
Lot and Lot of Record).
Nonconforming Structure shall mean a Structure or Building or portion thereof, which does not conform with
the Land Development Regulations applicable to the Zoning District in which the Structure is located, but
which was legally established prior to the effective date of such Land Development Regulations.
Nonconforming Use shall mean the Use of a Structure or Building or portion thereof, or Land or portion
thereof, which does not conform with the Land Development Regulations and / or Comprehensive Plan Future
Land Use Map designation applicable to the Lands in which the Use is located, but which was legally
established prior to the effective date of such Land Development Regulations or Comprehensive Plan.
Occupied includes designed, built, altered, converted to or intended to be used or occupied.
Office Use shall mean customary administrative functions associated with a business and uses involving
professional services conducted within the business that do not involve on -premises production, manufacture,
storage or retail sale of products.
Open Space shall mean an area open to the sky, which may be on the same Lot with a Building. The area may
include, along with the natural environmental features, landscaping elements, stormwater retention facilities,
swimming pools, tennis courts, or similar open air recreational facilities. Streets, Structures and screened or
impervious roofed Structures shall not be allowed in required Open Space.
Parcel shall mean a tract of Land, which may be described by metes and bounds or by recorded Plat. The terms
Lot, Parcel, land, site, Development Parcel may be used interchangeably with in this Code as appropriate to the
context.
Parking, Accessible shall mean parking spaces designed in compliance with the Americans with Disabilities
Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG), as may be amended.
Parking Lot shall mean an area used exclusively for the temporary parking of motor vehicles, whether or not a
fee is charged. (See Section 24-161.)
Parking Space, Off -Street shall mean a space consisting of an area adequate for parking motor vehicles with
room for opening doors on both sides, together with properly related access to a public Street or alley and
maneuvering room, but located totally outside of any Street or alley Right-of-way. Width, depth and
arrangement of Parking Spaces shall conform to the requirements of Section 24-161.
Permitted Use shall mean the Uses and activities that are allowed within a particular Zoning District as
described within Division 5 of this Chapter. In the case of question regarding a typical or similar Use, such Use
shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United
States Office of Management and Budget.
Planning Agency shall mean the Community Development Board, or any other agency designated by the City
Commission, to serve those functions as the City's Local Planning Agency, pursuant to Chapter 163, Florida
Statutes as well as other functions as directed by the City Commission.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 13
EXHIBIT A
Plat, Final Subdivision means the Plat to be recorded in accordance with engineering plans, specifications and
calculations; certification of Improvements, as -built drawings, or performance guarantee; and other required
certifications, bonds, agreements, approvals, and materials for a Development or a phase of a Development or
the entire Parcel of Land proposed for Development as required pursuant to Article IV of this Chapter.
Plat, re -plat, amended Plat, or revised Plat shall mean a map or delineated representation of the division or
re -division of Lands, being a complete and exact representation of the Subdivision and including other
information in compliance with the requirements of all applicable Sections of this Chapter, the Comprehensive
Plan, applicable local ordinances, and Part 1, Chapter 177, Florida Statutes.
Principal Building shall mean shall mean a Building within which is conducted the main or Principal Use of
the Lot or property upon which the Building is situated.
Principal Use shall mean the primary Use of Land, as distinguished from an Accessory Use.
Property Line shall mean the exterior Lot Lines of a single Parcel or a group of Lots when two or more Lots
are considered together for the purposes of Development.
Public Open Space shall mean Open Space, Land or water areas, available for public Use, not restricted to
members or residents.
Recreational Vehicle (RV) shall include the following types of vehicles:
(a)Travel trailer shall mean a vehicular, portable Structure built on a chassis and towed; designed to be used
as a temporary Dwelling for travel, recreation and vacation uses; permanently identified as a travel trailer
by the manufacturer of the trailer; and when factory equipped for the road, having a body width not
exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet.
(b)Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient equipment
to render it suitable for use as a temporary Dwelling for travel, recreation and vacation uses.
(c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a water-repellent fabric,
mounted on wheels and designed for travel, recreation and vacation uses.
(d)Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into the trunk
with the cover removed, and is designed for travel, recreation and vacation uses.
(e) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for consumption on or off the
premises or within an enclosed business or Building.
Right-of-way shall mean the area of a highway, road, Street, way, parkway, sidewalk, or other such strip of
Land reserved for a public use, whether established by prescription, easement, dedication, gift, purchase,
eminent domain or other lawful means.
Salvage Yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored,
baled, packed, disassembled or handled. Salvage Yards shall include automobile wrecking, house wrecking
and structural steel materials and equipment Yards, but shall not include places for the purchase or storage of
used furniture and household equipment, used cars in operable condition, or used or salvaged materials from
manufacturing operations or for any type of Automotive Repair.
Screening shall mean the required treatment of Land parallel to adjacent Lot Lines, containing either: densely
planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that
shall form a year round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque
wood, masonry, brick or similarly constructed Fence, wall or barrier. Where a Fence, wall or similar type
barrier is used, construction materials, finish and colors shall be of uniform appearance. All screening shall be
maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or
trees.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 14
LA.1401II1YII_1
Seat shall mean, for the purpose of determining the number of required Off -Street Parking Spaces, the number
of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one seat.
For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor
space shall constitute a required Seat.
Service Station, Automotive shall mean any Building, Structure or Land used for the dispensing, sale or
offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed
Minor Automotive Service, but not Heavy Automotive Repair.
Setback shall mean the required distance between the Lot Line and the Building or Structure. Unless otherwise
provided for within this Chapter, setbacks shall be measured from the property line to the exterior vertical wall
of a Building or Structure. See also definition for Building Setback.
Shopping Center shall mean a group of retail stores or service establishments, planned, developed, owned and
managed as an integral unit, with Off -Street Parking provided on the property, and related in location, size and
type of shops to the trade area the Shopping Center serves.
Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-
term rentals shall similarly be considered to be commercial uses as are Hotel, Motel, Motor Lodge, Resort Rental,
Bed and Breakfast or Tourist Court Uses.
Site Development Plan shall mean a plan of development including surveys, maps, drawings, notations and
other information as may be required depicting the specific location and design of Improvements proposed to be
installed or constructed in accordance with the requirements of this Chapter.
Sight Triangle shall mean the area within the limits described by the two (2) intersecting center lines of a Street
and a line drawn between them from points on each center line that are a prescribed number of feet from the
intersection of the center lines.
Sign shall mean any identification, description, illustration, or device illuminated or non -illuminated, which is
visible from any outdoor place, open to the public and which directs attention to a product, service, place,
activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or
any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the
exception of customary window displays, official public notices and court markers required by Federal, State or
local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to
members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all
outdoor advertising displays as described within Section 3108.1.1, Florida Building Code, and all Signs shall
conform to the requirements of Section 3108 of the Florida Building Code.
Special Flood Hazard Areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map (FIRM) shall mean the area that will be inundated by a flood event having a 1 -
percent chance of being equaled or exceeded in any given year. SFHAs are labeled as Zone A, Zone AO, Zone
AH, Zones Al -A30, Zone AE, Zone A99, Zone AR, Zone ARAE, Zone AR/AO, Zone AR/Al-A30, Zone
AR/A, Zone V, Zone VE, and Zones VI -V30.
Story shall mean that portion of a Building included between the surface of any floor and the surface of the
floor above it, or if there is no floor above it, then the space between the floor and ceiling above.
Street shall mean a public or private thoroughfare, which affords the principal means of access to Abutting
Property. This includes lane, place, way, alley or other means of ingress or egress, regardless of the term used
to describe it.
Street Classifications shall mean:
Arterial Highway System: The group of roads constituting the highest degree of mobility and largest
proportion of total travel.
Collector Road System: The group of roads providing a mix of mobility and land access functions,
typically within a given county or urban area, linking major land uses to each other or to the arterial
highway system. The collector road system is composed of rural major collector roads, rural minor collector
roads, and urban collectors (differentiation between major and minor classes is not made in urban areas).
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 15
EXHIBIT A
Local Street System: The group of roads having land access as their primary purpose, typically within a
portion of a county or urban area. Although providing the largest proportion of road miles, this system
contributes little to total highway travel due to short trip lengths and low volumes.
Street, Private shall mean a Street that is privately owned and maintained, and where a properly recorded
private Easement has been approved by the appropriate City agency.
Street, Public shall mean a Street legally dedicated to public Use and officially accepted by the City.
Street Right-of-way Line shall mean the dividing line between a Lot or parcel of Land and the contiguous
Street.
Structural Alteration shall mean any change in the supporting members of a Structure, such as bearing walls
or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30) inches or more in
height, including modular, manufactured and mobile homes, storage tanks, or other manmade facilities and
infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines, but excluding
flagpoles, fences not over six (6) feet in height and landscape features that do not contain a solid or screened
roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed with a connected solid
roof structure shall be considered as a single Structure.
Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include
establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water,
sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded
Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context,
Subdivision also relates to the process developing Land.
Theater shall mean an establishment offering dramatic presentations or showing movies to the general public.
Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation
Commission, Florida Department of Agriculture and Consumer Services, and U.S. Fish and Wildlife Service.
Townhouse shall mean a residential Dwelling Unit constructed in a group of two or more attached units with
ownership lines separating each Dwelling Unit through a common wall(s) and where ownership of each
Dwelling Unit is held in fee -simple title for property as defined by a metes and bounds or other valid legal
description. Development of Townhouses, or conversion to Townhouses, shall be allowed only in compliance
with Florida Building Codes related to adequate firewall separation. Further, development of Townhouses, or
conversion to Townhouses, shall be allowed only in compliance with the applicable residential Density as
established by the Comprehensive Plan, and in accordance with Section 24-87 and Article N of this Chapter as
well as applicable provisions of Part I, Chapter 177, Florida Statutes.
Trailer, Boat, Horse, or Utility shall mean a conveyance drawn by other motive power and used for
transporting a boat, animal, equipment or general goods. See also Recreational Vehicle
Travel Trailer Park or Court shall mean a park or court, licensed and approved by the State Board of Health,
and established to carry on the business of parking travel trailers.
Use -by -Exception shall mean a departure from the general Permitted Uses set forth for the various Zoning
Districts, which if limited in number such that these Uses do not dominate an area, and when subject to
appropriate conditions, may be acceptable Uses in the particular area. A Use -by -Exception may be granted only
in accordance with the express provisions of Section 24-63 of this Chapter.
Variance. A Variance shall mean relief granted from certain terms of this Chapter. The relief granted shall be
only to the extent as expressly allowed by this Chapter and may be either an allowable exemption from certain
provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be
in accordance with the provisions as set forth in Section 24-64 of this Chapter, and such relief may be subject to
conditions as set forth by the City of Atlantic Beach.
Vehicular Use Area (VUA) means those areas of a site to be used for Off -Street Parking, employee parking,
service drives, Loading Spaces and access drives within property located in the Commercial and Industrial
Zoning Districts.
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EXHIBIT A
Vested Development shall mean a proposed Development project or an existing Structure or Use, which in
accordance with applicable Florida law or the specific terms of this Chapter, is exempt from certain
requirements of these Land Development Regulations and/or the Comprehensive Plan.
Veterinary Clinic shall mean any Building or portion thereof designed or used for the veterinary care, surgical
procedures or treatment of animals, but shall not include the boarding of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this Chapter or other Land Development
Regulations contained within City Code, when it is demonstrated that compliance with such provision(s) would
be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from the Land
Development Regulations may be approved by the City Commission upon showing of good cause, and upon
evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the
general intent and spirit of the Land Development Regulations. In considering any request for a Waiver from
the Land Development Regulations, the City Commission may require such conditions as appropriate to ensure
that the general intent and spirit of the Land Development Regulations are enforced. A Waiver shall not modify
any requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance.
Wetlands shall mean those areas as defined by State law that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated
soils. Florida Wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands,
sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps
and other similar areas. The delineation of actual Wetland boundaries and the jurisdictional authority of such
areas may be made by professionally accepted methodology consistent with the type of Wetlands being
delineated but shall be consistent with any unified statewide methodology for the delineation of Wetlands.
Yard means a required area on the same Lot with a Building, unoccupied and unobstructed from the ground
upward, except by trees or shrubbery, landscape elements and uncovered steps, decks, balconies or porches not
exceeding thirty (30) inches in height, or as otherwise provided for within this Chapter.
Yard, Front means the required Yard extending across the full width of the Lot, extending from the front Lot
Line to the front Building Setback Line as established by the Zoning District designation.
Yard, Rear means a required Yard extending across the full width of the Lot, extending between the rear Lot
Line and the rear Building Setback Line as established by the Zoning District designation.
Yard, Side means a required Yard extending between a side Lot Line and the side Building Setback Line as
established by the Zoning District designation.
Zoning Map shall mean the official record of the City of Atlantic Beach depicting the Zoning District
classifications on property within the municipal limits of the City of Atlantic Beach.
Secs. 24-18. through 24-30. Reserved.
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ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
The provisions of this Chapter shall be administered in accordance with the rules set forth within this Article
and the detailed regulations governing each Zoning District. Administrative procedures and the responsibilities
of the City Commission, the Community Development Director, and the Community Development Board are
set forth herein. Procedures for the filing of applications, for amendments to this Chapter, the appeal of
decisions on any matter covered within this Chapter and the Land Development Regulations are also included
herein.
Secs. 24-32. through 24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City Commission. It shall be the responsibility of the City Commission to perform the
following duties and responsibilities in accordance with this Chapter:
(a) To enforce this Chapter in accordance with, and consistent with, the adopted Comprehensive Plan for the
City of Atlantic Beach.
(b) To make amendments to the Comprehensive Plan, this Chapter, the Zoning Map by a simple majority vote
of the City Commission after holding required public hearings, and after considering a written
recommendation from the Community Development Board performing its functions as the Local Planning
Agency.
(c) To approve or deny requests for Subdivisions, Plats and changes to Plats and other previously approved
special conditions of Use or Development in accordance with the requirements of this Chapter after holding
required public hearings and after considering a written recommendation from the Community
Development Board where required by this Chapter.
(d) To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of the Land
Development Regulations as set forth within this Chapter and as may be contained within other Chapters of
City Code when it is demonstrated that compliance with such provision(s) would be unreasonable, in
conflict with the public interest, or a practical impossibility. A Waiver from the Land Development
Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of
these Land Development Regulations. In considering any request for a Waiver from these Land
Development Regulations, the City Commission may require conditions as appropriate to ensure that the
intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or
term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be
considered only in cases where alternative administrative procedures are not set for the within the City
Code of Ordinances.
(e) To establish fees related to the administrative costs of carrying out the requirements of this Chapter.
(i) To appoint a Community Development Director to administer the provisions of this Chapter, who shall be
the City Manager or his designee.
(g) To hear and decide appeals where it is alleged there is an error in any order, requirement or administrative
decision made by the Community Development Director in the enforcement of this Chapter or other
provision of the Code of Ordinances regulating the Use and Development of Land.
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Sec. 24-47. Community Development Board.
The Community Development Board shall be appointed by the City Commission. The organization and
procedures under which this Board operates, its arrangement of meetings, adoption of rules and its method of
hearing and acting upon Variances, Uses -by -Exception or other related matters shall be in conformity with the
provisions as set forth within this Chapter and Chapter 14 of City Code. It shall be the responsibility of the
Community Development Board:
(a) To approve or deny Variances in accordance with the provisions of Section 24-64.
(b) To hear and make recommendations to the City Commission related to applications submitted to the City for
Use -by -Exceptions, changes in Zoning District classifications, and amendments to the Comprehensive Plan.
(c) In exercising its powers, the Community Development Board may, in conformance with the provisions of
this Chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement,
decision or determination provided such action is based upon new evidence or where it is determined that a
previous decision was made based upon inaccurate information.
(d) Rulings and decisions of the Community Development Board shall become immediately effective, unless
otherwise ordered by the Board.
(e) The Community Development Board shall also serve as the Local Planning Agency for the City of Atlantic
Beach and shall provide those functions as set forth in Chapter 163, Florida Statutes, as may be amended.
Sec. 24-48. Community Development Director. The Community Development Director shall have
the following authorities and responsibilities:
(a) To administer and implement this Chapter and accomplish actions required by this Chapter, including
proper notices as specified in this Chapter or as otherwise required; the receiving and processing of appeals.
(b) To provide written instructions to Applicants related to the required process for requests as required under
this Chapter and to assist Applicants in understanding the provisions of this Chapter.
(c) To receive and initiate the processing of all zoning and land use related applications.
(d) To maintain all records relating to this Chapter and its administration, as may be set forth in this Chapter or
otherwise be necessary.
(e) To recommend to the Community Development Board and the City Commission, amendments to this
Chapter and the Zoning Map, with a written statement outlining the need for such changes.
(f) To conduct necessary field inspections required to advise the Community Development Board and the City
Commission related to zoning and land use matters.
(g) To review preliminary Development plans, applications for certain Building Permits, including site and Lot
plans, to determine whether the proposed construction, Alterations, repair or enlargement of a Structure is
in compliance with the provisions of this Chapter and the Comprehensive Plan. The Building Official's
signature, stating approval, shall be required on all Development plans before a Building Permit shall be
issued.
(h) To grant minor dimensional Variances or minor Variances to Development design standards as set forth in
this Chapter, excluding changes to Lot Area, Impervious Surface Area, height and parking, provided the
requested Variance is not more than five (5) percent from the standard or requirement requested to be
waived. Such minor Variances shall be granted only one time for any particular requirement on a single
property and shall be granted only with written justification as set forth within Section 24-64(d) or as
demonstrated to preserve a Protected Tree. Where such Variances are requested for side setbacks on both
sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a
single side. For example, where the required side setback is a combined 15 feet, the maximum permitted to
be waived on a single side or cumulatively on both sides is 9 inches. Similarly, for 20 -foot front and rear
setbacks, the maximum permitted to be waived on either the front or rear or in combination is 12 inches.
Minor dimensional Variances may also be authorized where an inadvertent surveying error has resulted in
placement of a Building not more than four (4) inches outside of a required Building Setback line. In such
cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the Building
Permit file.
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EXHIBIT A
(i) To post signs and provide for proper published notice of zoning requests in accordance with Section 24-52,
and to forward appropriate agenda information to be considered at the regular scheduled meetings of the
Community Development Board to members at least seven (7) days prior to the meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the
office and delegate to these employees the duties and responsibilities assigned to the Community
Development Director as may be necessary to carry out properly, the functions of the office.
Sec. 24-49. Appeals. Appeals of administrative decisions made by the Community Development Director
and appeals of final decisions of the Community Development Board may be made by Adversely Affected
Person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a
reasonable period of time with proper public notice, as well as due notice to the interested parties. At the
hearing, any party may appear in person, by agent or by attorney.
(a) Appeals of administrative decisions of the Community Development Director. Appeals of a decision of
the Community Development Director may be made to the City Commission by any Adversely Affected
Person(s), or any officer, board or department of the City affected by a decision of the Community
Development Director made under the authority of this Chapter.
Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final
order, requirement, decision or determination being appealed.
The Community Development Director shall, upon notification of the filing of the appeal, transmit to the
City Commission, all the documents, plans, or other materials constituting the record upon which the action
being appealed was derived.
(b) Appeals of decisions of the Community Development Board. Appeals of a decision of the Community
Development Board may be made to the City Commission by any Adversely Affected Person(s), any
officer, board or department of the City affected by any decision of the Community Development Board
made under the authority of this Chapter. Such appeal shall be filed in writing with the City Clerk within
thirty (30) days after rendition of the final order, requirement, decision or determination being appealed.
The Appellant shall present to the City Commission a petition, duly verified, setting forth that the decision
being appealed is in conflict with or in violation of this Chapter, in whole or in part, specifying the grounds
of the conflict or violation. The petition shall be presented to the City Commission within thirty (30) days
after the filing of the appeal with the City Clerk.
(c) Stay of work. An appeal to the City Commission shall stay all work on the premises and all proceedings in
furtherance of the action appealed, unless the designated Administrative Official shall certify to the City
Commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or
property. In such case, proceedings or work shall not be stayed except by order, which may be granted by
the City Commission after application to the officer from whom the appeal is taken and on due cause
shown.
Sec. 24-50. Vested Rights.
(a) Determination of Vested Rights. The determination of vested rights shall be based upon factual evidence
provided to the City of Atlantic Beach. Each vesting determination shall be based on an individual case-by-
case basis. Applications for a determination of vested rights shall be submitted to the Community
Development Director. The Applicant shall have the burden of proof to demonstrate the entitlement to
vested rights pursuant to the requirements of Florida law and shall provide all information as may be
required. All Vested Development subject to a vested rights determination shall be consistent with the
terms of the Development approval upon which the vesting determination was based.
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EXHIBIT A
(b) Expiration of Vested Rights.
(1) Statutory vested rights determinations shall not have a specific expiration date unless specified in other
ordinances, Development Permits or Statutory limitations. Such vested rights may expire as otherwise
allowed or required by applicable law.
(2) Common law vested rights determinations, which have been recognized by the City, shall remain valid
for a period of up to five (5) years from the date the determination was made unless otherwise specified
by the vesting determination, provided that the City may cancel and negate such vested rights prior to
the expiration of said time period if it can demonstrated that the request for a vested rights
determination was based on substantially inaccurate information provided by the Applicant, or that the
revocation of said vested rights is clearly established to be essential for the health, safety and welfare of
the public.
(3) Requests to extend the time period of a vested rights determination shall be made to the City
Commission and shall be granted only upon showing of good cause.
(c) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made to the
City Commission by filing such appeal with the City Clerk within thirty (30) days of receipt of written
notification of the denial. Appeals of vesting determinations shall be granted only by the City Commission.
Sec. 24-51. Notice of Public Hearings.
In addition to the applicable requirements of Section 166.041, Florida Statutes, related to the notice of public
hearings for the adoption of ordinances and resolutions, and amendments to these Land Development
Regulations, the following notice requirements shall be met. The following shall be considered as minimum
notice requirements.
(a) Mailed Notice. Not less than fifteen (15) days prior to the public hearing at which any application for a
change in Zoning District classification, which has been initiated by any party other than the City of
Atlantic Beach, the owners within three hundred (300) feet of all boundaries of the property sought to be
rezoned shall be notified in writing. For the purpose of mailed notices to adjoining owners, the names,
addresses, and legal descriptions shall be provided by the Applicant and shall be those listed on the most
recent certified tax roll of Duval County.
(b) Published Notice. Not less than fifteen (15) days prior to the public hearing at which final action on any
application for a change in Zoning District classification, which has been initiated by any party other than
the City of Atlantic Beach, an advertisement including the subject, date, time and location of the public
hearing shall be published once in a local newspaper of general circulation.
(c) Sign to be posted. Not less than seven (7) days prior to the public hearing at which final action on any
application for a Variance, Use -by -Exception, or change in Zoning District classification or other action
requiring notice to the general public, a Sign identifying the application, including date, time and location of
the public hearing shall be posted on the subject parcel. Such Sign shall be erected in full view of the
public street. Where the property that is subject of the application does not have frontage on a public street,
the Sign shall be erected on the nearest public Right -of -Way.
(d) Comprehensive Plan amendments. Notice of public hearings related to amendments to the adopted
Comprehensive Plan shall be made in accordance with Section 163.3184 (15), Florida Statutes.
(e) For applications and requests made to the Community Development Board or the City Commission, which
are not specifically addressed in this Section, but where in the determination of the City Manager, the
subject at issue is of legitimate public concern, reasonable notice to the public shall be provided in the form
as determined appropriate by the City Manager.
Secs. 24-52. through 24-60. Reserved.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 21
EXHIBIT A
DIVISION 3. APPLICATION PROCEDURES
Sec. 24-61. Amendment and repeal.
(a) The City Commission may from time to time amend, supplement or repeal these Land Development
Regulations, the Zoning District classifications and boundaries, and the restrictions as set forth within this
Chapter.
(b) Proposed changes and amendments may be recommended by the City Commission, the Community
Development Board, a property owner for his own Land, or by petition of the owners of fifty-one (51)
percent or more of the area involved in a proposed District boundary change, or the Community
Development Director.
Sec. 24-62. Change in Zoning District Classification.
The following steps shall be followed to request a change in Zoning District and Zoning Map classification.
(a) All applications shall be filed with the Community Development Director on the proper form.
(b) The application submitted shall include the following information.
(1) The legal description, including the Lot and Block numbers, of the property to be rezoned.
(2) The names and addresses of all owners of the subject property.
(3) Existing and proposed Zoning District classification of the property.
(4) A statement of the petitioner's interest in the property to be rezoned, including a copy of the last
recorded warranty deed; and
i. If joint and several ownership, a written consent, to the rezoning petition, by all owners of record; or
ii. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or
iii. If an authorized agent, a copy of the agency agreement or written consent of the principal/owner; or
iv. If a corporation or other business entity, the name of the officer or person responsible for the
application and written proof that said representative has the delegated authority to represent the
corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an
officer of the corporation; or
v. If a group of contiguous property owners, the owners of at least fifty (50) percent of the property
described in the petition must provide written consent.
vi. A complete list of all property owners, mailing addresses and legal descriptions for all property within
three hundred (300) feet of the subject parcel as recorded in the latest certified official tax rolls of the
County.
vii. A statement of special reasons for the rezoning as requested.
viii. Payment of the official filing fee as set by the City Commission.
ix. The signature of each and every owner of the Lands sought to be rezoned.
(c) After the Community Development Director has received the request, the request shall be placed on the
agenda of the next meeting of the Community Development Board, provided that the request is received at
least thirty (30) days prior to the meeting. The Community Development Board shall review each request
for rezoning, conduct a public hearing after due public notice. The Community Development director shall
make a written recommendation to the City Commission. The written report and recommendation shall:
(1) Show that the Community Development Board has studied and considered the need and justification for
the change.
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EXHIBIT A
(2) Indicate the relationship of the proposed rezoning to the Comprehensive Plan for the City and provide a
finding that the requested change in zoning is consistent with the Comprehensive Plan.
(3) Submit such findings and a recommendation in support of or opposition to the requested rezoning to the
City Commission not more than sixty (60) days from the date of public hearing before the Community
Development Board.
(d) The City Commission shall review the recommendations made by the Community Development Board and
hold a public hearing, with notice as set forth within Section 24-52, to consider the request.
(e) Following the public hearings, the City Commission, by ordinance, may change the Zoning District
classification of said petitioners, or it may deny the petition. In the case of denial, the City Commission
shall thereafter take no further action on another application for substantially the same proposal, on the
same premises, until after 365 days from the date of the denial.
Sec. 24-63. Use -By -Exception.
The following steps shall be required to request a Use -by -Exception. A Use -by -Exception may be approved
only for those Uses and activities, which are expressly identified as a possible Use -by -Exception within a
particular Zoning District.
(a) All applications shall be filed with the Community Development Director on the proper form, and said
application shall only be accepted when filed by the owner of the property or his authorized agent.
(b) The application shall include the following information.
(1) A legal description of the property.
(2) The names and addresses of the property owners.
(3) A description of the Use -by -Exception desired, which shall specifically and particularly describe the
type, character and extent of the proposed Use -by -Exception.
(4) The reason for requesting the Use -by -Exception.
(5) The signature of the owner, or the signature of the owner's authorized agent, and written authorization
by the Owner for the agent to act on the behalf of the property owner.
(6) Payment of the official filing fee as set by the City Commission.
(c) After the Community Development Director has received the request, the request shall be placed on the
agenda of the next available meeting of the Community Development Board. The Community
Development Board shall review each request for a Use -by -Exception, and conduct a public hearing after
due public notice. The Community Development Director shall then provide a report to the City
Commission containing the Community Development Board's, recommendation. The written report and
recommendation shall state specific reasons and findings of fact, upon which the recommendation to
approve or deny has been based.
(d) The review of any application for a Use -by -Exception shall consider each of the following.
(1) Ingress and egress to property and proposed Structures thereon with particular reference to vehicular
and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(2) Off -Street Parking and Loading Spaces, where required, with particular attention to the items in (1)
above.
(3) The potential for any adverse impacts to adjoining properties and properties generally in the area
resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -
Exception being requested.
(4) Refuse and service areas, with particular reference to items (1) and (2) above.
(5) Utilities, with reference to locations, availability and compatibility.
(6) Screening and buffering, with reference to type, dimensions and character.
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EXHIBIT A
(7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District. (See Signs and Advertising, Chapter 17.)
(8) Required Yards and other Open Space.
(9) General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan.
(10) For those properties within the Commercial Corridors, consistency with the intent of Section 24-171,
Commercial Corridor Development Standards.
(11) Number of similar businesses that exist in the area with consideration that such uses are intended to be
an exception and not to excessively proliferate in one area of the City.
(e) The City Commission shall conduct a public hearing, after required public notice, to consider the
application for Use -by -Exception and the Community Development Board's report and recommendation
thereon, as well as comments of citizens attending such hearing and shall deny, approve, or approve with
conditions, the application for Use -by -Exception.
(f) The City Commission may, as a condition to the granting of any Use -by -Exception, impose such
conditions, restrictions or limitations in the Use of the premises, or upon the Use thereof as requested in the
application, as the City Commission may deem appropriate and in the best interests of the City, taking into
consideration matters of health, safety and welfare of the citizens, protection of property values and other
considerations material to good land use and planning principles and concepts.
(g) Any Use -By -Exception granted by the City Commission shall permit only the specific Use or Uses
described in the application as may be limited or restricted by the terms and provisions of the approval.
Any expansion or extension of the Use of such premises, beyond the scope of the terms of the approved
Use -By -Exception, shall be unlawful and in violation of this Chapter and shall render the Use -by -Exception
subject to suspension or revocation by the City Commission.
(h) The City Commission may suspend or revoke a Use -by -Exception permit at any time the City Commission
determines that the Use has become a public or private nuisance because of an improper, unauthorized or
other unlawful Use of the property.
(i) If an application for a Use -by -Exception is denied, the City Commission shall take no further action on
another application for substantially the same Use on the same property for 365 days from the date of said
denial.
(j) The Nonconforming Use of neighboring Lands, Structures or Buildings in the same Zoning District, or the
permitted Use of Lands, Structures or Buildings in other Zoning Districts shall not be considered as
justification for the approval of a Use -by -Exception.
(k) Unless expressly granted by the City Commission, the Use -by -Exception shall be granted to the Applicant
only and shall not run with the title to the property.
Sec. 24-64. Variances.
A Variance may be sought in accordance with this Section. Applications for a Variance may be obtained from
the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot
Width or Lot Depth, and shall not increase maximum Height of Building or Impervious Surface Area as
established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use
terms of a property.
(a) Application. A request for a Variance shall be submitted on an application form as provided by the City
and shall contain each of the following.
(1) a legal description of the property for which the Variance is requested.
(2) a reasonable statement describing the reasons for the Variance.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 24
EXHIBIT A
(3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the Lot.
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by
the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director
shall within a reasonable period of time schedule the application for a public hearing before the Community
Development Board following required public notice. At the public hearing, the applicant may appear in
person or may be represented by an authorized agent.
(1) Applications for a Variance shall be considered on a case-by-case basis, and shall be approved only
upon findings of fact that the application is consistent with the definition of a Variance and consistent
with the provisions of this Section.
(2) The Community Development Board shall not grant a Variance, which would allow a Use that is not
Permitted Use, or a permitted Use -by -Exception in the applicable Zoning District. In the case of an
application for a Use -by -Exception that is considered concurrently with an application for a Variance,
approval of the Variance shall be contingent upon approval of the Use -by -Exception by the City
Commission. In the event, that the Use -by -Exception is denied by the City Commission, any approved
Variance shall be rendered null and void.
(3) The Community Development Board shall not approve any Variance that would allow a Use that is
prohibited by the terms of this Chapter or by the Comprehensive Plan.
(4) The Nonconforming Use of adjacent or neighboring Lands, Structures or Buildings shall not be
considered as justification for the approval of a Variance.
(c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board,
in its discretion, determines that the granting of the requested Variance shall have a materially adverse
impact upon one or more of the following.
(1) light and air to adjacent properties.
(2) congestion of Streets.
(3) public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
(4) established property values.
(5) the aesthetic environment of the community.
(6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat,
Protected Trees, or other significant environmental resources.
(7) the general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community
Development Board, for the following reasons.
(1) exceptional topographic conditions of or near the property.
(2) surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3) exceptional circumstances preventing the reasonable use of the property as compared to other properties
in the area.
(4) onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
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EXHIBIT A
(5) irregular shape of the property warranting special consideration.
(6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of
the property.
(e) Approval of a Variance. To approve an application for a Variance, the Community Development Board
shall find that the request is in accordance with the preceding terms and provisions of this Section and that
the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. In granting a
Variance, the Community Development Board may prescribe appropriate conditions in conformance with
and to maintain consistency with City Code. . Violation of such conditions, when made a part of the terms
under which the Variance is granted, shall be deemed a violation of this Chapter, and shall be subject to
established Code Enforcement procedures.
(f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a
lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and
provisions of this Section and with the Purpose and Intent of this Chapter.
(g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall
not be grounds for approval of a Variance.
(h) Waiting period for re -submittal. If an application for a Variance is denied by the Community
Development Board, no further action on another application for substantially the same request on the same
property shall be accepted for 365 days from the date of denial.
(i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,
the work to be performed pursuant to a Variance shall begin within twelve (12) months from the date of
approval of the Variance. The Community Development Director, upon finding of good cause, may
authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the
Variance shall become null and vbid.
(j) Transferability. A Variance, which involves the Development of Land, shall be transferable and shall run
with the title to the Property unless otherwise stipulated by the Community Development Board.
Sec. 24-65. Development, Construction and Storage within Zoning Districts.
(a) Temporary Construction Trailers or Structures.
(1) Subject to the following provisions, any person may obtain a Building Permit for the construction
and/or Use of a temporary trailer or Structure to be used only as a construction shed and tool house for
contractors and construction workers on the site and limited to the time period of construction. This
temporary trailer or Structure shall not be placed or erected on the property prior to the issuance of a
Building Permit for the applicable construction, and shall be immediately removed upon completion of
the construction project or in the absence of a valid, unexpired Building Permit.
(2) It shall be a violation of this Section for any person to use the construction trailer or Structure for sales
purposes without first applying to and receiving written permission from the Building Official.
(3) Construction trailers and Structures shall not be used for the purpose of living quarters, and the trailers
or Structures shall have upon the unit, or attached thereto, an identification sign designating the owner
or company and the words "Construction Office" in full view.
(b) Temporary Storage Structures and Uses. Enclosed portable Structures and accommodations intended
only for temporary storage may be used following registration with the City on a form provided by the
Planning and Zoning Department, payment of the required fee, and subject to the following provisions.
(1) Within all residential Zoning Districts, enclosed portable Structures and accommodations intended only
for the temporary storage of personal household belongings of occupants of the property may be placed
on the property for a period not to exceed four (4) days or ninety-six (96) hours. Registration shall be
required for each such use of any temporary storage Structures.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 26
EXHIBIT A
(2) In the event of damage to a residential Dwelling by fire, storm, flood, or other such property loss, this
period of time may be extended to ten (10) days upon request to and written approval of the City
Manager.
(3) Within all non-residential Zoning Districts, enclosed portable Structures and accommodations intended
only for storage, may be used for temporary storage of items related to the business located on the
property, for a period not to exceed thirty (30) days. Such Structures shall not be located within
Required Front Yards and shall not be used to store any chemical, hazardous, flammable or combustible
materials.
(c) All Structures. All temporary and portable storage Structures, Construction Trailers and the like, shall be
constructed, altered, repaired, enlarged, placed, moved or demolished in accordance with applicable
provisions of the Florida Building Code as well as all applicable Federal, State and local regulations
applying to the Use and Development of Land. The issuance of Building Permits, where required, verifying
such compliance shall be administered by the Building Official.
Sec. 24-66. Stormwater, Drainage, Storage and Treatment Requirements.
(a) Topography and Grading. All Lots and Development sites shall be constructed and graded in such a
manner so that the stormwater drains to the adjacent Street, an existing natural element used to convey
stormwater (See section 22-303, definitions: Stormwater Management System), or a City drainage structure
after meeting on-site storage requirements, as set forth within this Section. The City shall be provided with
a pre -construction topographical survey prior to the issuance of a Development Permit and a post -
construction topographical survey prior to the issuance of a Certificate of Occupancy. Elevations in all
topographic surveys will be referenced to NAVD 1988. Said surveys shall be prepared by a licensed
Florida surveyor, and the requirement for either or both surveys may be waived by the Director of Public
Works if determined to be unnecessary.
Except as required to meet Coastal Construction Codes as set forth within a valid permit from the Florida
Department of Environmental Protection; or as required to meet applicable flood zone or stormwater
regulations as set forth herein, the elevation or topography of a Development or Redevelopment Site shall
not be altered.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 27
EXHIBIT A
(b) On -Site Storage. The Applicant shall be required to provide on-site storage, such that there is no increase
in the rate or volume of flow to off-site, from every developed or redeveloped Parcel, and for any addition
or modification that increases the impervious surface area on a developed lot by 10% or 400 SF, whichever
is smaller and provide documentations and calculations to demonstrate compliance. Development Projects
previously permitted by the St. Johns River Water Management District (SJRWMD), which have an in-
compliance retention or detention system that collects and controls run-off, are exempt, however a copy of
the Engineer's Certification of As -Built Construction to the SJRWMD must be submitted to the City before
issuing building permits for individual lot construction may begin. The requirement for on-site storage may
be waived by the Director of Public Works if storage is determined to be unnecessary or unattainable. If
on-site storage is required, an As -Built survey, signed and sealed by a licensed Florida surveyor,
documenting proper construction and required volume of the storage system, must be submitted to the
Director of Public Works prior to permit closeout or issuance of a Certificate of Occupancy. For an under-
ground system, a notarized letter from the General Contractor, along with red -lined plans and construction
photographs, will be sufficient to document proper construction.
Volume calculations for Lots that require on-site storage should be based on the difference in run-off
volume generated by the new impervious area ("delta volume") and would be calculated by:
V=CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet,
R = 25 year and 24 hour rainfall depth (9.3 inches) over the lot area, and
C = run-off coefficient, which is 0.6 for the 50% maximum imperviousness, 0.4 for 25%
imperviousness, and 0.2 for 0% imperviousness.
This delta volume (post V minus pre -V in cubic feet) must be stored at least 1 foot above the wet season
water table and below the overflow point to off-site (in many cases this may be the adjacent road elevation).
As an option, and as approved by the Director of Public Works, the owner of the parcel to be developed or
redeveloped may implement, at the applicant's cost, off-site storage and necessary conveyance to control
existing flood stages off-site.
(c) Flood Plain Storage. There shall be no net loss of storage for areas in the 100 -year floodplain, where a
floodplain elevation has been defined by either the Federal Emergency Management Agency (FEMA) on
Flood Insurance Rate Maps (FIRMs), the 1995 Stormwater Master Plan, the Core City project, or the 2002
Stormwater Master Plan Update (e.g., Hopkins Creek). Site grading shall create storage on-site to mitigate
for filling of volume on-site. This storage is in addition to the storage required for the increase in
Impervious Surface Area. The Applicant shall provide signed and sealed engineering plans and calculations
documenting that this `no net loss' requirement is met.
(d) Stormwater Treatment. For all new Development or redevelopment of existing properties, excluding
Single and Two-family uses, where construction meets limits for requiring Building Code upgrades,
stormwater treatment shall be provided for a volume equivalent to either retention or detention with
filtration, of the run-off from the first one (1) inch of rainfall; or as an option, for facilities with a drainage
area of less than one hundred (100) acres, the first one-half ('/Z) inch of run-off pursuant to Chapter 62-25,
Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to
a violation of water quality standards as provided in Section 62.302 of the Florida Administrative Code.
This treatment volume can be included as part of the on-site storage requirement in item d (2) of this
Section.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 28
EXHIBIT A
(e) NPDES Requirements. All construction activities shall be in conformance with the City's National
Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the Water
Management District and the Florida Department of Environmental Protection. NPDES requirements
include use of Best Management Practices (BMPs) prior to discharge into natural or artificial drainage
systems. All construction projects of one acre or more require a stand-alone NPDES permit. Site clearing,
demolition and construction on any size site may not commence until site inspection and approval of the
proper installation of a required Best Management Practices erosion and sediment control plan is
completed.
(f) Enforcement. Subsequent to approval of a property owner's final grading, including on-site and/or flood
plain storage and stormwater treatment, the improvements shall be maintained by the property owner.
Failure to maintain the improvements will require restoration upon notification by the Director of Public
Works, within a stipulated time frame. If restoration is not timely completed, the City shall have the right
to complete the restoration, and the City's actual cost incurred, together with a charge of 100% of said costs
to cover the City's administrative expenses, shall be charged to the owner.
(g) Minor waivers to Impervious Surface Area limits. The Director of Public Works shall have the authority
to waive the Impervious Surface Area up to five (5) percent of the established limit upon demonstration by
the property owner or Applicant that preceding stormwater standards shall be maintained and upon showing
of good cause and need for the increased Impervious Surface Area which shall be based upon the inability
to meet limits due to site constraints or pre-existing conditions. Any reduction shall be calculated based
upon the total square footage of Lot Area and the square footage of the allowed Impervious Surface Area.
For example, on a 7500 square foot lot, the allowed Impervious Surface Area is 3,750 square feet, and the
maximum Impervious Surface Area permitted to be waived in accordance with this provision is 187.5
square feet.
Sec. 24-67. Development Review and Issuance of Development Permits.
(a) Purpose. The purpose of this Section shall be to establish procedures for the submittal, review and
approval of Construction Plans, and the issuance of Development Permits.
(b) Procedures. Plans prepared according to the requirements set forth within this Section shall be submitted
to the Building Department for distribution, review and comment from appropriate departments of the City.
Plans may be denied if they do not meet the intent or the requirements of this Section and this Chapter or
the Florida Building Code.
(c) Site Development Plan required. A Site Development Plan, drawn at a clear and legible scale, shall be
required for all new Development, other than interior renovations, in accordance with the following
provisions:
(1) Single-family, Two-family (Duplex) or Townhouse and Structural Alterations or additions thereto,
including Swimming Pools and Accessory Structures. A Certified Survey and Site Development Plan
accompanied by the required application form and review fee as established by the City Commission
shall be submitted to the Building Department. Each of the following items shall be addressed.
i. All driveways and parking.
ii. All existing and proposed Structures.
iii. Setbacks, any Platted Building Restriction Lines and Height of Buildings.
iv. Any jurisdictional Wetlands or Coastal Construction Control Line, water bodies, any required
buffers or significant environmental features.
v. A pre -construction topographical survey, pursuant to Section 24-66, unless waived in accordance
with the provisions therein.
vi. A summary table showing proposed Impervious Surface Area, including all structures, walkways,
driveways, parking and equipment pads and any other surface defined as impervious in Sec. 24-17.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 29
EXHIBIT A
1. Multi -Family, Commercial and Industrial Uses and Structural Alterations or additions thereto. A
Certified Survey and preliminary Site Development Plan accompanied by the required application form
and review fee as established by the City Commission shall be submitted the Building Department. The
Site Development Plan shall depict the entire tract proposed for Development and shall be drawn at a
scale sufficient to depict all required information in a clear and legible manner. Each of the following
items shall be provided as appropriate to the project and as further set forth within the application for a
particular form of Development Permit as provided by the Building Official:
i. Project boundary with bearings and distances.
ii. Legal description, including property size.
iii. Location of all structures, temporary and permanent, including setbacks, building height, number of
stories and square footage. (Identify any existing structures and uses.)
iv. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks,
vehicular and pedestrian circulation.
v. Existing driveways and roadways within 300 feet of project boundary.
vi. Existing and proposed Right-of-way improvements.
vii. Conceptual stormwater management plan addressing drainage patterns, retention/detention areas,
provisions for utilities, including a pre -construction topographical survey, pursuant to Section 24-
66 (a), unless waived in accordance with the provisions therein.
viii. Environmental features, including any jurisdictional Wetlands, CCCL, natural water bodies, Open
Space, buffers and vegetation preservation areas. For projects not meeting the thresholds requiring
an Environmental Resource Permit from the St John's River Water Management District, provide
conceptual plans showing how project intends to meet the stormwater retention and treatment
requirements of Sections 24-66 (b) and (d).
ix. General notes shall include: total project area; impervious surface area; building square footage
separated by type of Use(s) if applicable; parking calculations; project phasing; Zoning District
classification and any conditions or restrictions.
x. Other information as may be appropriate for the purposes of preliminary review.
(d) Approval of Site Plans. Upon approval of the preliminary Site Development Plan, an application for a
Development Permit may be submitted to the Building Department for distribution and review by the
appropriate City Departments. The application shall be accompanied by all required information including
Construction Plans that demonstrate compliance with all applicable Federal, State and local land
development regulations and permitting requirements. Upon approval of Construction Plans by reviewing
departments and payment of required fees, �)evelopment Permits may be issued, and Construction Plans
shall be released for construction.
(e) In the case that an Applicant fails to make a good faith effort to continue with the review process once any
application for a Development Permit is submitted, plans shall remain valid for a period of six (6) months,
after which time new plans and a new review fee shall be required.
(f) Expiration of Approved of Construction Plans. Approved Construction Plans shall be claimed within
ninety (90) days of notice of approval or completed comments, or said Plans shall be considered to have
expired. Upon expiration, a new submittal and review with applicable fees shall be required. Development
review comments shall expire six (6) months from the date that comments are provided to the Applicant.
(g) Expiration of Development Permits. Development Permits shall expire on the six (6) month anniversary
of the date such Permits were issued unless Development has commenced and continued in good faith.
Commencement shall mean the issuance of a valid Building Permit and the Development Permit shall
remain active along with the Building Permit. Failure to maintain an active Building Permit will cause the
Development Permit to expire.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 30
EXHIBIT A
(h) Retention of expired Plans. Any Construction Plans and supporting documents which have expired shall
be retrieved following effort to notify the Applicant by the Building Department. It shall not be the
responsibility of the City to store or retain expired Construction Plans.
(i) Changes to Approved Plans. Applicant must copy the City on any and all changes to approved plans,
including, but not limited to, changes required by other regulatory agencies such as the St John's River
Water Management District, Florida Department of Environmental Protection or Florida Department of
Transportation. Failure to provided changes to the City for review may result in a stop work order being
issued if construction deviates from the approved plans on file with the City.
Sec. 24-68. Land Clearing and Alteration of Site Grade or Topography.
No Lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no
vegetation on any Development site disturbed, prior to issuance of all required approvals and Development
Permits authorizing such clearing or alteration. Except as required to meet Coastal Construction Codes as set
forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet
applicable flood zone or stormwater regulations, the grade, elevation or topography of any parcel, Development
or Redevelopment Site shall not be altered.
Sec. 24-69. Fees.
Pursuant to Section 24-46 (e), the City Commission for the City of Atlantic Beach hereby establishes the
following fees related to the administrative costs of carrying out the requirements of this Chapter and also to
cover the costs for planning, zoning, engineering and utility reviews. These fees shall be payable to the City at
the time such application or request is filed. Applications for planning and zoning related requests shall not be
considered as complete applications until such time as required fees have been paid in full. Fees as required by
this Section are not refundable.
(a) Plannine and Zoning Fees.
(1) Appeals
$ 50.00
(2)
Determinations of vested rights
$ 50.00
(3)
Change in Zoning District Classification
$500.00
(4)
Use -by -Exception
$250.00
(5)
Zoning Variance or Waiver
$150.00
(6)
Development Review
a. Single and Two-family Uses
$ 50.00
b. Multi -family Uses, per Dwelling Unit
$100.00
c. Commercial and Industrial Uses
$300.00
d. Public and Institutional Uses
$300.00
e. Landscape Plan
$100.00
(7)
Subdivision.
a. Application for Waiver
$250.00
b. Application for Re -plat
$250.00
d. Preliminary Plat Review
$250.00
e. Final Plat Approval (plus recording fees)
$100.00
(8)
Comprehensive Plan Amendment
a. Less than ten (10) acres
$250.00
b. Greater than ten (10) acres.
$250.00
(9)
Land Development Regulations
$ 15.00
(10)
Comprehensive Plan document
$ 15.00
(11)
Zoning and Comprehensive Plan maps
$ 5.00
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 31
(b) Eneineerine and Review Fees.
(1) Pre -application review of construction plans.. $150.00
For reviews requiring more than 3 hours,
charged. Also, additional costs for outside
Applicant.
(2) Residential building review
(3) Commercial building review
(4) Building Modification / Right -of -Way review
(5) Revocable Encroachment Permit
(c) Utilities review fees
(1) Pre -application construction plans review
EXHIBIT A
an additional fee of $50.00 per hour will be
reviews and modeling shall be paid by the
$100.00
$150.00
$ 25.00
$ 25.00
$150.00
For reviews requiring more than 3 hours, an additional fee of $50.00 per hour will be
charged. Also, additional costs for outside reviews and modeling shall be paid by the
applicant.
(2) Residential building review $ 50.00
(3) Commercial building review $ 75.00
(4) Building Modification/Right-of-Way review $ 25.00
Secs. 24-70. through 24-80. Reserved.
DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS
Sec. 24-81. Rules for Determining Boundaries.
Where uncertainty exists with respect to the boundaries of any of the Zoning Districts, as shown on the official
Zoning Map, the following rules shall apply:
(a) Unless otherwise indicated, the Zoning District boundaries are indicated as approximately following Lot
Lines; center lines of Streets, highways or Alleys; shorelines of streams, reservoirs or other bodies of water;
or civil boundaries; and they shall be construed to follow such lines.
(b) Where Zoning District boundaries are approximately parallel to the center -lines of Streets, highways or
railroads; streams, reservoirs or other bodies of water, or the lines extended, the Zoning District boundaries
shall be construed as being parallel thereto and at such distance there from as indicated on the Zoning Map.
If no distance is given, the dimensions shall be determined by the scale shown on the Zoning Map.
(c) Where a Zoning District boundary line as appearing on the Zoning Map divides a Lot, which is in single
ownership, the Zoning District classification of the larger portion may be extended to the remainder of the
property subject to consistency with the Comprehensive Plan.
(d) Where a public road, Street or Alley is officially vacated or abandoned, the regulations applicable to the
property to which it has reverted shall apply to the vacated or abandoned road, Street or Alley.
(e) In the case where the exact location of a boundary cannot be determined by the foregoing methods, the
Community Development Director in coordination with GIS staff shall determine the location of the
boundary.
Sec. 24-82.
(a) Use. No Building br Structure shall be placed or erected, and no existing Building shall be moved, altered,
added to or enlarged, nor shall any Land, Building, Structure or premises be used, designed or intended to
be used for any purpose or in any manner other than a Use designated in this Chapter, as allowed in the
Zoning District in which such Land, Building, Structure or premises are located. Further, no Land shall be
used except in compliance with the Comprehensive Plan.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 32
EXHIBIT A
(b) Number of Buildings allowed on a Single-family or Two-family (Duplex) Lot. The total number of
Buildings on any Lot zoned for Single-family or Two-family (Duplex) Use shall not exceed three (3)
including the Principal Use Structure, detached garages and any other detached Building.
(c) Height. No Structures or Building shall be erected, and no existing Building shall be moved, reconditioned
or structurally altered so as to exceed the height limit specified in this Chapter for the Zoning District in
which such Building or Structure is located. However, on Nonconforming Lots of Record, which shall be
any Lot that contains less than 5000 square feet in Lot Area, the Height of Buildings shall be restricted to a
percentage of the area of the such Lot compared to the minimum requirements of the Zoning District and
applying the same to the maximum Height of Building allowed in said Zoning District. (For example, if the
Minimum Lot Area is 5,000 square foot, and the size of the Nonconforming Lot is 2,500 square feet, a
percentage of 50 percent would be applied to the 35 -foot height restrictions, resulting in an allowable
Height of Building of seventeen and one-half (17.5) feet.
(d) Percentage of Lot occupancy. No Building or Structure shall be erected, and no existing Building or
Structure shall be moved, altered, enlarged or rebuilt, or shall any Open Space surrounding any Building or
Structure be encroached upon or reduced in any manner, except in conformity with the Building site
requirements, the area and parking and required Yard regulations established by this Chapter for the Zoning
District in which such Structure is located.
(e) Density. No Structure or property shall be developed or used so as to exceed Density allowed under the
terms of the Comprehensive Plan or the limitations for the Zoning District in which such Structure is
located.
(f) Open Space Use limitation. No Yard or other required Open Space on a Lot shall be considered as
providing a required Yard or Open Space for any other Structure on an adjacent Lot.
(g) Required Lot and occupancy. Structures shall be located on a Lot of Record, and there shall be no more
than one Principal Use Structure on a single Lot, unless otherwise provided by the provisions of this
Chapter. Every Building or Structure hereafter erected shall be located on a Lot as defined herein; and in
no case shall there be more than one (1) Principal Building on one (1) Lot, except as otherwise provided in
this Article.
(h) Duplicates or externally similar Dwellings. Construction of Single-family or Two-family Dwellings that
are duplicates of another Single-family or Two-family Dwellings within a distance of five hundred (500)
feet shall be prohibited. This provision shall apply to external features only and shall not apply to Two-
family Dwellings, Townhouses or condominiums when constructed as part of single Development Project
with a unified design theme. In determining compliance with this provision, a minimum of five (5) of the
following characteristics shall be substantially different.
(1) Roof design and roof color. (5) Number of stories.
(2) Exterior finish materials, excluding paint color. (6) Attached/detached garage.
(3) Window sizes and shape. (7) Front or side entrance garage (if attached).
(4) Main entry door style and location.
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other Accessory Building
or vehicle shall be used as a residence, temporarily or permanently, nor shall any such residence of
temporary character be permitted in any Zoning District.
(j) Minimum Floor Area for residential Dwelling Units.
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and not
less than a total of one thousand (1,000) square feet of enclosed living area.
(3) Two-family Dwelling (duplex): Each unit shall have nine hundred (900) square feet of enclosed living
area.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 33
EXHIBIT A
(4) Apartment Dwelling Unit:
i. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square
feet of enclosed living area.
ii. One (1) bedroom with individual bedroom area permanently partitioned from other living areas,
five hundred seventy-five (575) square feet of enclosed living area.
iii. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living
areas, seven hundred (700) square feet of enclosed living area.
iv. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living
areas, eight hundred forty (840) square feet of enclosed living area.
v. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living
areas, nine hundred ninety (990) square feet of enclosed living area.
vi. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per additional
room.
(k) Flood protection. All Lots and Building sites shall be developed such that Habitable Space is constructed
at a minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level. Flood
protection provisions shall be approved by the designated Administrative Official to ensure that grade
changes will not alter the natural drainage or adversely affect other areas downstream through added runoff
or adverse impacts to water quality.
(1) Short-term rentals prohibited. Private homes, including but not limited to single-family homes, town -homes,
duplexes, multi -family dwellings including condominiums and the like, shall not be rented or leased for a term
or period of less than ninety (90) days. No person(s) shall offer or advertise a private home for rent or lease for
a term or period of less than ninety (90) days.
Sec. 24-83. Required Yards and Permitted Projections into Required Yards.
(a) Required Yards. Unless otherwise specified in this Chapter, every part of a Required Yard shall be open
and unobstructed from the Established Grade to the sky, except for Structures that do not exceed thirty (30)
inches in height.
(b) Structural Projections. Architectural features such as Eaves and Cornices, and cantilevered bay windows,
open balconies and porches may project a distance not to exceed forty-eight (48) inches into required Front
and Rear Yards. Such balconies and porches may be covered, but shall not be enclosed in any manner,
except that balconies and porches within Rear Yards may be enclosed with screening only. Eaves and
Cornices, cantilevered bay windows, chimneys, and architectural elements intended to create design relief
along the side wall plane may project into required Side Yards, but not beyond twenty-four (24) inches.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors, or
similar equipment that makes excessive noise, shall not be located closer than five (5) feet from any Lot
Line where such equipment will be located adjacent to the interior living area of an existing residence. This
setback requirement shall not apply where such equipment is to be located adjacent to a neighboring garage,
storage or utility area or other similar equipment. It is the intent of this provision to require placement of
such equipment in a location that does not unreasonably disturb neighbors. This requirement shall not
apply to such equipment lawfully installed prior to the effective date of these Land Development
regulations.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 34
EXHIBIT A
Sec. 24-84. Double Frontage Lots.
(a) Double frontage Lots. On double frontage Lots, the Required Front Yard shall be provided on each Street,
except for Lots as set forth below and as set forth in Section 24-88.
(b) Special treatment of ocean -front Lots. For Lots having frontage on the Atlantic Ocean, the Front Yard
shall be the Yard which faces the Atlantic Ocean, and the required Front Yard shall be measured from the
Lot Line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard Lots with double frontage. For double frontage Lots extending
between Beach Avenue and Ocean Boulevard, the required Front Yard shall be the Yard, which faces
Ocean Boulevard.
Sec. 24-85. Nonconforming Lots, Uses and Structures.
(a) Intent. Within the established Zoning Districts, there exist Lots, Structures and Uses of Land that
were lawful prior to the adoption or amendment of these Land Development Regulations. Such Lots, Uses
and Structures would be prohibited, restricted or regulated through the provisions of this Chapter or the
adopted Comprehensive Plan. It is the intent of this Section to recognize the legal rights entitled to property
owners of existing Nonconforming Lots, Uses and Structures, and to permit such non -conformities to
continue in accordance with such rights, but not to otherwise encourage their continued survival.
Furthermore, the presence of any nonconforming characteristic shall not be considered as justification for
the granting of Variances, and any Nonconforming Structure or Use, which is made conforming, shall not
be permitted to revert to any Nonconforming Structure or Use.
(b) Nonconforming Lots of Record.
(1) Where a Lot or parcel of Land has a Lot Area or frontage that does not conform with the requirements
of the Zoning District in which it is located, but was a legally established and documented Lot of
Record prior to the adoption of this Code or previous Codes and applicable City of Atlantic Beach
ordinances, such Lot or parcel of Land may be used for one Single-family Dwelling in any residential
Zoning District, provided the minimum Yard requirements for that residential Zoning District are
maintained, or provided that the owner of said Lot has obtained a Variance from the Community
Development Board, in accordance with the requirements of Section 24-64 of this Chapter.
(2) In any Zoning District, on a legally established and documented Nonconforming Lot of Record that
existed prior to the initial effective date of these Land Development Regulations, a Structure may be
expanded or enlarged provided such expansion or enlargement complies with other provisions of this
Chapter, including Yard Requirements or with the terms of a valid Variance.
(3) After the initial effective date of these Land Development Regulations, no Single-family, Townhouse,
Two-family (Duplex) or Multi -family Structure shall be allowed on a Single-family Residential Lot or a
combination of such Lots unless the total Lot Area proposed for Development complies with the
regulations as set forth within this Chapter and with the Density limitations as set forth within the
Comprehensive Plan, unless otherwise exempted in preceding paragraph (1) or in accordance with a
valid unexpired vesting determination.
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel in any Zoning
District shall be divided to create a Lot with area or width below the requirements of this Chapter and
the Comprehensive Plan.
(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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 35
EXHIBIT A
(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.
(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.
(d) Nonconforming Uses.
(1) Continuation of Nonconforming Uses. Uses of Land which were lawfully created at the time such Uses
were established, but which would not be permitted by the restrictions imposed by these Land
Development Regulations or by restrictions imposed by the Comprehensive Plan, may be continued so
long as they remain otherwise lawful and in compliance with the provisions of this Section.
(2) Relocation or expansion of Nonconforming Uses. A Nonconforming Use shall not be moved in whole
or in part to any other portion of the Lot or parcel on which such Nonconforming Use is located, nor
shall a Nonconforming Use be expanded or enlarged.
(3) Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of Land is
discontinued or abandoned for a period of six (6) months or longer, any subsequent Use of such Land
shall conform to the applicable Zoning District regulations as set forth within this Chapter as well as
applicable provisions of the Comprehensive Plan.
(4) In the event that more than fifty (50) percent of the value of a Nonconforming Structure, which is
occupied by a Nonconforming Use, is destroyed, the Structure shall not be re -occupied by any
Nonconforming Use and shall be reconstructed only in compliance with the provisions of this Chapter.
In determining the value of a Nonconforming Structure, either the Assessed Value or the Appraised
Value may be considered, subject to approval of the Building Official.
Sec. 24-86. Special Treatment of Lawfully Existing Residential Uses Affected by Future
Amendments to the official Zoning Map or o the Land Development Regulations.
(a) Changes to the official Zoning Map. In the case where a change in Zoning District classification is made to
the official Zoning Map, any lawfully existing Two-family (Duplex) Dwelling or Townhouse, and any
related Accessory Use, which has been constructed pursuant to properly issued Building Permits, shall be
deemed a Vested Development, and any Two-family (Duplex) Dwelling or Townhouse, and any related
Accessory Use shall be considered a lawful permitted Use within the Lot containing the Vested
Development. Furthermore, an existing Two-family (Duplex) Dwelling or Townhouse and any related
Accessory Use shall, for that particular Use and Structure(s), not be considered as a Nonconforming Use or
Structure such that it may be fully replaceable in its existing footprint. Any construction that exceeds the
existing footprint shall be in compliance with all applicable provisions of this Chapter including minimum
Yard Requirements.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 36
EXHIBIT A
(b) Amendments to the Land Development Regulations. Any lawfully existing Two-family (Duplex) Dwelling
or Townhouse, and any related Accessory Use, which has been constructed pursuant to properly issued
Building Permits prior to the initial effective date of these Land Development Regulations, shall be deemed
a Vested Development, and any Two-family (Duplex) Dwelling or Townhouse, and any related Accessory
Use shall be considered a lawful permitted Use within the Lot containing the Vested Development.
Furthermore, an existing Two-family (Duplex) Dwelling or Townhouse, and related Accessory Use shall,
for that particular Use and Structure(s), not be considered as a Nonconforming Use or Structure such that it
may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall
be in compliance with all applicable provisions of this Chapter including minimum Yard Requirements.
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.
Sec. 24-88. Design and Construction Standards for Two-family (Duplex) Dwellings and
Townhouse Units
(a) Development of Two-family (Duplex) Dwellings and Townhouse Units, occurring after the January 01,
2002 initial effective date of these Land Development Regulations, shall be allowed only where Lot Area is
in compliance with the Density limitations as set forth within the Comprehensive Plan, unless otherwise
determined to be a Vested Development in accordance with the terms of this Chapter. Within areas
designated by the Comprehensive Plan for High Density residential Development, a minimum Lot Area of
2175 square feet shall be required for each Dwelling Unit. For areas designated as Medium Density, a
minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and within areas
designated by the Comprehensive Plan as Low Density, a minimum Lot Area of 7250 square feet for each
Dwelling Unit shall be required.
Dwelling Units separated by an open and uncovered breezeway, elevated open walkway, or similar type
connection, shall not be considered as Two-family Dwellings or Townhouses, and shall be required to meet
regulations applicable to Single-family Dwellings. Dwelling Units attached by any type of solid, continuous or
connected roof, however, shall be considered as a Two-family Dwelling or a Townhouse and shall be permitted
only within those Zoning Districts where Two-family Dwellings and Townhouses are permitted and in
accordance with applicable Density limitations.
(b) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same
architectural style, colors and materials.
(c) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same time or
in a continuous sequence unless an existing Structure is being renovated within the same Building footprint.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 37
EXHIBIT A
Sec. 24-89. Garage Apartments (as allowed in combination with Private Garages).
In any residential Zoning District, where a Lot has a width of fifty (50) feet or more and extends from Street to
Street (or Street to Ocean front in the case of ocean -front Lots), a single Garage Apartment in combination with
a Private Garage may be constructed on such double frontage Lots (See Section 24-84.) subject to the following
provisions.
(a) The Structure containing the Private Garage and the Garage Apartment shall not exceed twenty-five (25)
feet in height.
(b) The total Floor Area of the Structure containing the Private Garage and the Garage Apartment shall not
exceed seventy-five (75) percent of the heated and cooled area of the Principal Dwelling.
(c) There shall be not less than twenty (20) feet between the Principal Dwelling and the Structure containing
the Private Garage and the Garage Apartment.
(d) The Use restrictions and the minimum Yard requirements that apply to the Principal Dwelling shall also
apply the Structure containing the Private Garage and the Garage Apartment.
(e) A Garage Apartment shall not be leased or rented for less than ninety (90) consecutive days.
(f) Any existing Structure containing a Private Garage and Garage Apartment that is encroaching into the
public Right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroachment is removed from the Right-of-way. A Private Garage and Garage Apartment, which does not
encroach into the Street Right-of-way, may be rebuilt, remodeled or structurally altered within the existing
footprint, or in compliance with applicable minimum Yard requirements, provided that the maximum
Height of Building shall not be exceeded and subject to applicable permitting requirements.
Secs. 24-90 through 24-100. Reserved.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 38
EXHIBIT A
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and Purpose.
The City of Atlantic Beach shall be divided by these Land Development Regulations into Zoning Districts, as
listed and described below. These divisions and the requirements set forth herein shall have the purpose of
implementing the goals, objectives and policies of the Comprehensive Plan. The following is established in this
Division:
(a) The intent of each Zoning District.
(b) General requirements for each Zoning District, including:
(1) Permitted Uses.
(2) Uses -by -Exception.
(3) Minimum Lot Size.
(4) Minimum Yard Requirements.
(5) Building Restrictions.
Sec. 24-102. Zoning Districts Established.
The municipal area of the City of Atlantic Beach is hereby divided into the following Zoning Districts.
Zoning District Classification
Abbreviation
Conservation
CON
Residential, Single -family -Large Lot
RS -L
Residential, Single-family
RS -1
Residential, Single-family
RS -2
Residential General, Two-family
RG
Residential General, Multi -family
RG -M
Commercial Professional and Office
CPO
Commercial Limited
CL
Commercial General
CG
Light Industrial and Warehousing
LIW
Special Purpose
SP
Central Business District
CBD
Special Planned Area District
SPA
Sec. 24-103. Conservation District. (CON)
(a) Intent. The Conservation District is composed mostly of open Land, water, marsh and Wetland areas,
consisting primarily of the public River Branch, Dutton Island and Tideviews Preserves. It is intended that
the natural and open character of these areas be retained and that adverse impacts to these Environmentally
Sensitive Areas, which may result from Development, be minimized. To achieve this intent, Uses allowed
within the Conservation Districts shall be limited to certain conservation, recreation, very low intensity
Uses that are not in conflict with the intent of this District, the Comprehensive Plan or any other applicable
Federal; State and local policies and permitting requirements.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 39
EXHIBIT A
(b) Permitted Uses. Uses permitted within the Conservation District shall be limited to the following.
(1) Cemetery limited to those lands owned by the existing cemetery as of the January 01, 2002 initial
effective date of these Land Development Regulations.
(2) Nature preserves, public natural resource based parks, and passive recreational Uses and facilities as
needed to support such Uses.
(3) Kayak, canoe rentals, and vendors limited to providing equipment or supplies as needed to use these
natural resources subject to approval by the City Commission.
Sec. 24-104. Residential, Single-family - Large Lot District. (RS -L)
(a) Intent. The RS -L Zoning District is intended for development of low Density Single-family residential uses
in areas where traditional established lot sizes are larger than those typically located throughout the City of
Atlantic Beach. All Development of Land and Parcels within the RS -L Zoning District shall comply with
the residential Density limitations as set forth within the adopted Comprehensive Plan for the City of
Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RS -L Zoning District shall be:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses -by -Exception. Within the RS -L Zoning District, the following Uses -by -Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot Size. Existing legally established Lots of Record may exist, which do not meet the
following Lot width, depth or area requirements. These Lots may be developed subject to all applicable
Land Development Regulations; however, all Lots created after the February 27, 2006 effective date of
Ordinance 90-06-189, shall comply with these Minimum Lot Size requirements in order to obtain Building
Permits authorizing Development.
The minimum size for Lots within the RS -L Zoning District shall be:
(1) Minimum Lot or site area: Ten Thousand (10,000) square feet.
(2) Minimum Lot width: One hundred (100) feet.
(3) Minimum Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS -L Zoning District shall be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one-half (7.5) feet.
(fl Building Restrictions. Additional Building restrictions within the RS -L Zoning District shall be:
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 40
EXHIBIT A
Sec. 24-105. Residential, Single-family District. (RS -1)
(a) Intent. The RS -1 Zoning District are intended for development of Density Single-family residential areas.
All Development of Land and Parcels within the RS -1 Zoning District shall comply with the residential
Density limitations as set forth within the adopted Comprehensive Plan for the City of Atlantic Beach, as
may be amended.
(b) Permitted Uses. The Uses permitted within the RS -1 Zoning District shall be:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses -by -Exception. Within the RS -1 Zoning District, the following Uses -by -Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot Area. Existing legally established Lots of Record may exist, which do not meet the
following requirements. These Lots may be developed subject to all applicable Land Development
Regulations; however, all Lots created after January 01, 2002 must comply with these Minimum Lot Size
requirements in order to obtain Building Permits authorizing Development.
The minimum size for Lots within the RS -1 Zoning District, which are created after the initial effective date
of these Land Development Regulations, shall be:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS -1 Zoning District shall be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one-half (7.5) feet.
(i) Building Restrictions. Building restrictions within the RS -1 Zoning District shall be:
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (3 5) feet.
Sec. 24-106. Residential, Single-family District. (RS -2)
(a) Intent. The RS -2 Zoning District is intended to apply to predominately developed areas of Single-family
Dwellings with platted Lots that are smaller than those in the RS -1 Zoning District. All Development of
Land and Parcels within the RS -2 Zoning District shall comply with the residential Density limitations as
set forth within the adopted Comprehensive Plan for the City of Atlantic Beach, as may be amended.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 41
EXHIBIT A
(b) Permitted Uses. The Uses permitted within the RS -2 Zoning District shall be:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses -by -Exception. Within the RS -2 Zoning District, the following Uses -by -Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot Area. Existing legally established Lots of Record may exist, which do not meet the
following— requirements. These Lots may be developed subject to all applicable Land Development
Regulations; however, all Lots created after January 01, 2002 must comply with these Minimum Lot Size
requirements in order to obtain Building Permits authorizing Development. (See Section 24-188 and
Section 24-189.) The minimum size for Lots within the RS -2 Zoning District, which are created after the
initial effective date of these Land Development Regulations, shall be:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard requirements within the RS -2 Zoning District shall
be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building Restrictions. Building restrictions within the RS -2 Zoning District shall be:
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (3 5) feet.
Sec. 24-107. Residential, Two-family District. (RG)
(a) Intent. The RG Zoning District is intended for Development of low and medium Density Single-family
and Two-family residential areas. All Development of Land and Parcels within the RG Zoning Districts
shall comply with the residential Density limitations as set forth within the adopted Comprehensive Plan for
the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RG Zoning District shall be:
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings, subject to Density limitations.
(3) Accessory Uses as set forth in Section 24-151.
(4) Townhouses, subject to Density limitations and compliance with Article W, Subdivision Regulations
and Section 24-88.
(5) Government Uses, Buildings and facilities.
(6) Family Day Care Homes and Group Care Homes.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 42
EXHIBIT A
(c) Uses -by -Exception. The following Uses may be approved as a Use -by -Exception within the RG Zoning
District.
(1) Child Care Centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot Area. Existing legally established Lots of Record may exist, which do not meet the below
requirements. These Lots may be developed with a single-family residence subject to all applicable Land
Development Regulations; however, all Lots created after January 01, 2002 must comply with the following
minimum requirements in order to obtain Building Permits authorizing Development. The minimum size
for Lots within the RG Zoning District, which are created after the January 01, 2002 initial effective date of
these Land Development Regulations, shall be as set forth herein.
(1) Minimum Lot Area in the RG Zoning District:
i. Single-family Dwellings: 7,500 square feet.
ii. Two-family (duplex) Dwelling or Two -unit Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 5000 square feet
(2) Minimum Lot width in the RG Zoning District: Seventy-five (75) feet
(3) Minimum Lot depth in the RG Zoning District: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements within the RG Zoning District shall
be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building Restrictions. The Building Restrictions for the RG Zoning District shall be:
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (3 5) feet.
Sec. 24-108. Residential, Multi -family District. (RG -M)
(a) Intent. The RG -M Zoning District is intended for development of medium to high-density Multi -family
residential areas. All Development of Land and Parcels within the RG -M Zoning District shall comply with
the residential Density limitations as set forth within the adopted Comprehensive Plan for the City of
Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RG -M Zoning District shall be:
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings subject to the Density limitations.
(3) Townhouses, subject to subject to the Density limitations and compliance with Article IV, Subdivision
Regulations and Section 24-87.
(4) Multi -family Dwellings, subject to the Density limitations.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 43
EXHIBIT A
(5) Accessory Uses as set forth in Section 24-151.
(6) Government Buildings and facilities.
(7) Family Day Care Homes and Group Care Homes.
(c) Uses -by -Exception. Subject to the provisions of Section 24-63, the following Uses may be approved as a
Use -by -Exception within the RG -M Zoning District.
(1) Churches.
(2) Public and private recreation facilities not of a commercial nature and of a neighborhood scale intended
to serve the surrounding residential neighborhood.
(3) Child Care Centers.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot Area. Existing legally established Lots of Record may exist, which do not meet the
following requirements. These Lots may be developed with a single-family residence subject to all
applicable Land Development Regulations; however, all Lots created after January 01, 2002 must comply
with the these Minimum Lot Size requirements in order to obtain Building Permits authorizing
Development. The minimum size for Lots within the RG -M Zoning District, which are created after the
January 01, 2002 initial effective date of these Land Development Regulations, shall be as set forth herein.
(1) Minimum Lot or Site Area:
i. Single-family Dwellings: 7,500 square feet.
ii. Two-family Dwellings or Two -unit Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 5,000 square feet
iii. Multi -family Dwellings: Minimum 7,500 square feet parcel required, with maximum number of
Dwelling Units determined by the Density limitations as set forth in the Comprehensive Plan.
(2) Minimum Lot width in the RG -M Zoning District: Seventy-five (75) feet
(3) Minimum Lot depth in the RG -M Zoning District: One hundred (100) feet
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RG -M Zoning are:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard:
i. Single-family Dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side.
ii. Two-family (Duplex) Dwellings and Townhouse: Seven and one-half (7.5) each side.
iii. Multi -family Dwellings: Fifteen (15) feet each side.
(i) Building Restrictions. The Buildings Restrictions for the RG -M Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (3 5) feet.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 44
EXHIBIT A
Sec. 24-109. Commercial, Professional Office. (CPO)
(a) Intent. The CPO Zoning District is intended for small, neighborhood scale Professional Offices with
residential design characteristics that make such Uses compatible with nearby residential uses.
(b) Permitted Uses. The Uses permitted within the CPO Zoning District shall be:
(1) Medical and dental offices (but not clinic or hospital), chiropractor offices, licensed massage therapist
offices.
(2) Professional Offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and
similar Uses.
(3) Business offices such as real estate broker, insurance agent, stockbroker and similar Uses.
(4) Single-family Dwelling Units.
(5) Child Care Centers, in accordance with Section 24-152.
(6) Mixed Use projects combining the above Permitted Uses and those approved as a Use -by -Exception
pursuant to paragraph (d) below.
(c) Limitations. All Uses within the CPO Zoning District shall be subject to the following standards.
(1) No outside retail sales, display or storage of merchandise or business activities shall be permitted.
(2) No vehicles other than typical passenger automobiles, and no trucks exceeding three-quarter ton
capacity, shall be parked on a daily or regular basis within CPO Zoning Districts.
(3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no machinery shall
be used other than normal office equipment such as typewriters, calculators, computers, bookkeeping
machines shall be used in association with any Use located within the CPO Zoning Districts.
(4) Permitted Uses shall not include establishments for Live Entertainment or Adult Entertainment
Establishments, outdoor entertainment such as putt -putt golf and driving ranges, skateboard facilities,
firing ranges, amusement centers, computer game centers, video game arcades and any type of token or
coin-operated video or arcade games, movie theaters, tattoo or body artists or studios, pawn shops,
billiard and pool halls.
(d) Uses -by -Exception. Within the CPO Zoning District, the following Uses may be approved as a Use -
by -Exception.
(1) Limited retail sales in conjunction with a permitted professional service being rendered at the time.
(2) Church or Community Center.
(3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of prosthetic appliances,
dentures, eyeglasses, hearing aids and similar products.
(4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress makers.
(5) Banks and financial institutions without drive-through facilities.
(6) Government Buildings and facilities.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(e) Minimum Lot or Site Requirements. The size for Lots within the CPO Zoning District shall be:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 45
EXHIBIT A
(f) Minimum Yard Requirements. The minimum Yard Requirements within the CPO Zoning Districts shall
be:
(1) Front: Twenty (20) feet.
(2) Rear: Twenty (20) feet.
(3) Side: Ten (10) feet.
(g) Building Restrictions. The Building restrictions within the CPO Zoning Districts are:
(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.
Sec. 24-110. Commercial Limited District. (CL)
(a) Intent. The CL Zoning District is intended for low intensity business and commercial Uses, which are
suitable within close proximity to residential Uses, and which are intended primarily to serve the
immediately surrounding neighborhood. Subject to review as a Use -by -Exception, and dependent upon
compatibility with existing surrounding residential Uses, certain more intense commercial Uses may also be
appropriate. Permitted Uses in the CL Zoning Districts shall not include large-scale discount super -centers
or "Big -Box" retailers or similar commercial Uses intended to serve a regional market. Uses shall also not
include establishments for Live Entertainment, or Adult Entertainment Establishments, outdoor
entertainment such as putt -putt golf and driving ranges, skateboard facilities, firing ranges, amusement
centers, computer game centers or video game arcades and any type of token or coin-operated video or
arcade games, movie theaters, tattoo or body artists or studios, pawn shops, billiard and pool halls
(b) Permitted Uses. The Uses permitted within the CL Zoning Districts shall be as follows.
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up,
tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and
notions, books and stationery, luggage and jewelry and similar Uses; but not sale of lumber, hardware
or Building materials or similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional Offices such as accountants, architects, attorneys, engineers, optometrists and similar Uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar Uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not Supermarkets.
(8) Restaurants without drive-through facilities.
(9) Drug Stores and Pharmacies.
(10) Government Uses, Buildings and facilities.
(11) Child Care Centers in accordance with Section 24-152.
(12) Residential use not to exceed the Medium Density category as established by the Comprehensive Plan.
(13) Mixed Use projects combining the above Permitted Uses and those approved as a Use -by -Exception
pursuant to paragraph (c) below.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 46
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• (c) Uses -by -Exception. Within the CL Zoning District, the following Uses may be approved as a Use -by -
Exception.
(1) Medical or dental clinics.
(2) Churches and Community Centers.
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(5) Printing shops.
(6) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum Lot Size. The minimum size for Lots within the CL Zoning District shall be:
(1) Lot or site area: 5,000 square feet.
(2) Lot width: (Fifty) 50 feet.
(3) Lot depth: One Hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard requirements for the CL Zoning District shall be:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. The Building restrictions within the CL Zoning Districts shall be:
(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 (3 5) feet.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 47
EXHIBIT A
Sec. 24-111. 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. The City of Atlantic Beach is a predominantly residential community, and it is a stated goal
within the Comprehensive Plan that the residential character of the City should be retained. As such, the
appropriate level of intensity for general commercial uses may be less than other communities with large
commercial zones or a more diverse mixture of uses in close proximity.
(b) Permitted Uses. It is not possible to list all potential permitted or prohibited general commercial uses
within this Section, but typical Uses permitted within the CG Zoning District 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 affect 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 or game centers, tattoo or body
artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments,
computer game centers, or games played on individual machines or computers, including any type of card,
token or coin-operated video or simulated games or similar activities or machines which are played for any
type of compensation or reward.
Where a proposed use is not specifically listed in this Section, the permissibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to
existing nearby uses. The Uses permitted in the CG Zoning District 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, florists, 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.
(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, 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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 48
EXHIBIT A
(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.
(Note: Heavy Automotive Repair not permitted per Ordinance 90-06-197 adopted 12-11-06.)
(10) Theaters, but not a multi -screen (exceeding two screens) or regional Cineplex.
(11) Hotel, Motel, Motor Lodge, Resort Rental or Tourist Court and Short-term rentals as defined within
Section 24-17.
(12) Institutional and Government Uses, Buildings and facilities.
(13) Churches in accordance with Section 24-153.
(14) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and located
within 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.
(15) Those Uses listed as Permitted Uses and Uses -by -Exception in the Commercial Limited and
Commercial, Professional and Office Zoning Districts.
(16) 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(6)
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.
(17) Mixed Use projects combining the above uses and those approved as a Use -by -Exception pursuant to
paragraph (c) below.
(c) Uses -by -Exception. Within the CG Zoning District, the following Uses may be approved as a Use -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 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) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(10) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing establishments, but
not temporary car, truck, boat or motorcycle shows or displays.
(11) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by
Chapter 847.001 (2), Florida Statutes.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 49
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(d) Limitations on Certain Uses. Permitted Uses within the CG Zoning District 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 display, sales or storage areas partially or fully enclosed
by any means including walls, tarps, gates or fencing. 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 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 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.
Intent. 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.
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.1.5.7)
(1) 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)
(2) 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 District shall be:
(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
District shall be:
(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: Ten (10) feet.
(3) Side Yard: Ten (10) feet where adjacent to existing residential Use. Otherwise, a combined fifteen (15)
total feet with a five (5) feet minimum on either side.
(g) Building Restrictions. The building restrictions in the Commercial General Zoning District 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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 50
EXHIBIT A
(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(g) 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.
Sec. 24-112. Light Industrial and Warehousing Districts. (LIW)
(a) Intent. The Light Industrial and Warehousing Zoning District is intended for light manufacturing, storage
and warehousing, processing or fabrication of non -objectionable products, not involving the use of
materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or
commercial activities. Heavy industrial uses generally identified as Industry Groups 32-37 by the Standard
Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget
shall not be permitted within the LIW District.
(b) Permitted Uses. The Uses permitted within the Light Industrial and Warehousing Zoning District shall be:
(1) Wholesaling, warehousing, Mini -warehouses and personal self -storage, storage or distribution
establishments and similar Uses.
(2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or hazardous
operations, within completely enclosed Buildings.
(4) Contractor's Yards with outdoor storage. Required Front Yards Yard shall not be used for storage, and
a six (6) foot visual barrier shall be installed around such storage areas so as to conceal view from
adjacent properties and Streets.
(5) Heating and air conditioning, plumbing and electrical contractors, wholesale bakeries and similar Uses.
(6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar Uses.
(7) Government Buildings, Uses and facilities.
(8) Minor Automotive Repair, and Boat, trailer or surfboard repair of a minor nature.
(c) Uses -by -Exception. Within the Light Industrial and Warehousing Zoning District, the following Uses may
be approved as a Use -by -Exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of County and State fire codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats,
automobile parts and accessories (except Salvage Yards), machinery and equipment, farm equipment,
lumber and Building supplies, mobile homes, monuments and similar sales establishments.
(5) Establishments for Heavy Automotive Repair, towing service or the permanent storage of automobiles,
motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar Uses.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughter houses).
(9) Wholesale food processing.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 51
EXHIBIT A
(d) Minimum Lot Size. The minimum size for Lots within the LIW District shall be:
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum yard requirements for the LIW Zoning Districts shall be as
follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Ten (10) feet.
(3) Side Yard: Ten (10) feet.
(f) Building Restrictions. The Building Restrictions for the LIW Zoning District shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not
apply to infill Development or redevelopment of previously developed sites. Where existing
Development exceeds seventy (70) percent, redevelopment shall not increase Impervious Surface Area
beyond that existing. 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.
Sec. 24-113. Special Purpose District. (SP)
(a) Intent. The Special Purpose District is intended for a limited single Use that does not fit within the
conventional Zoning Districts. Applications to rezone Land to Special Purpose District may be made in
accordance with Section 24-62. The Use proposed for any Special Purpose District shall be consistent with
the Comprehensive Plan, and the Use and any limitations applicable to such Use shall be stated within the
ordinance establishing the Special Purpose District.
(b) Permitted Uses. Government Uses and public facilities and any other permitted Uses shall be limited to
those established by the City Commission within the ordinance creating a Special Purpose District, and
upon a finding of consistency with the Comprehensive Plan.
(c) The existing Salvage Yard, which is restricted to storage and salvage operations of automobiles, trucks,
motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized as a lawfully
permitted Nonconforming Use. The site area for this existing Salvage Yard shall not exceed that covered
by the blocks or portions thereof limited in location to the following Lots of Record identified as Section H,
to wit: all of Blocks 111, 112, 113, 117, 118, 119, 140, 141, and 142.
In the case that any Lot or Parcel within the blocks referenced herein shall cease to be used for a Salvage
Yard as described herein, then and in that case, that particular Lot or Parcel shall not again be used except
in conformance with the requirements of this Section, and any autos, boats, parts, or similar remaining
materials shall be removed at the owner's expense within six (6) months after receiving written notice from
the City of Atlantic Beach. The Zoning District Classifications of such Lots shall then revert to Residential,
Single-family (RS -2), and the use of such Lots shall conform to the provisions of Section 24-106 and all
other applicable Land Development Regulations.
(d) Uses -by -Exception. None.
(e) Minimum Lot or Site Requirements. Minimum required Lot Area shall be determined based upon the
characteristics of the Use proposed.
(f) Minimum Yard Requirements. Structures shall be a minimum distance of five (5) feet from any property
line.
(g) Building Restrictions. The Building Restrictions applicable to any Use permitted within a Special Purpose
District shall be established within the ordinance creating such Special Purpose District.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 52
EXHIBIT A
(h) Special Requirements. Development within a Special Purpose District shall be subject to the following
provisions.
(1) Accessory Uses shall be determined based upon the specific Use permitted within the Special Purpose
District.
(2) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (6)
months or abandoned, the Zoning District designation shall remain Special Purpose (SP), except in the
case where the terms of an SP District require reversion to a previous Zoning District designation. In
all other cases, no future Use shall be permitted except in conformance with the requirements of this
Section and until the Ordinance establishing the Special Purpose District is amended.
(3) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (6)
months, or abandoned, all Structures, equipment, stored materials and any refuse shall be fully
removed, at the property owner's expense, within six (6) months of receiving written notice from the
City of Atlantic Beach in accordance with such order for removal or in accordance with the terms of the
Ordinance establishing the Special Purpose District.
Sec. 24-114. Central Business District. (CBD)
(a) Intent. The Central Business District is intended for low intensity, neighborhood scale commercial and
retail and food service Uses, and Professional Offices, which are suitable within the constraints of the
existing Development patterns of the District and which contribute to the commercial, civic and cultural
vitality of the City of Atlantic Beach Town Center area. The Central Business District contains an
established Development pattern with a predominance of older Structures built prior to the current
requirements for area, setbacks, parking and other site related elements, and this character should be
retained.
(b) Permitted Uses. The Uses permitted in the Central Business District shall be:
(1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners),
tailors or dressmakers; retail sales of items such as wearing apparel, toys, sundries and notions, books,
stationery, luggage, jewelry, or similar Uses.
(2) Pharmacies.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, and similar Uses.
(5) Business offices such as real estate broker, insurance agents, and similar Uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Restaurants, cafes, coffee shops without drive -up or drive-through service.
(8) Art galleries, libraries, museums, cultural centers.
(9) Municipal, government Buildings and facilities.
(10) Leased Right-of-way Uses.
(11) A single Dwelling Unit within the same Building occupied by a Permitted Use, intended to be
occupied by the owner or an employee of such Use.
(c) Uses -by -Exception. Within the Central Business District, the following Uses may be approved as a Use -
by -Exception.
(1) Residential, where such residential Use is secondary to the permitted commercial Use of the Building.
(2) Businesses offering Live Entertainment, not including adult entertainment establishments as defined by
Chapter 847.001 (2), Florida Statutes, and also not including outdoor entertainment such as putt -putt
golf and driving ranges, skateboard facilities, firing ranges, amusement centers and video game arcades
and any type of token or coin-operated video or arcade games, tattoo or body artists or studios, movie
theaters, billiard and pool halls.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 53
EXHIBIT A
(d) Lot size and yard requirements. Subject to meeting required Impervious Surface Area limits, stormwater
requirements, access and parking standards, landscaping and buffering, there are no defined setbacks within
the Central Business District.
(e) Building Restrictions. The Building Restrictions for the Central Business District shall be as follows.
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious Surface shall not
apply to infill Development or redevelopment of previously developed sites. Where existing
Development exceeds seventy (70) percent, redevelopment shall not increase Impervious Surface Area
beyond that existing. 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.
(f) Right-of-way Lease restrictions. Outside seating for restaurants, coffee shops and sidewalk cafes may be
operated by the management of adjacent permitted food service establishments, subject to the following
provisions.
(1) Outside seating within public rights-of-way may be permitted under a renewable annual lease
agreement approved by the City Commission. As a condition of the lease, the owner of such
establishment shall agree in writing to maintain that portion of the Right-of-way where the outside
seating is located. The owner/leasee/leasor of the business establishment and the property owner shall
agree in writing to hold the City of Atlantic Beach harmless for any personal injury or property damage
resulting from the existence or operation of, and the condition and maintenance of the Right-of-way
upon which any outside seating is located,
and shall furnish evidence of general liability insurance in the amount of $1,000,000.00 per person
and $2,000,000.00 per occurrence with the City of Atlantic Beach as additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five feet from the curb line of the
Street or from any fire hydrants located in the Right-of-way.
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height measured from
the ground or sidewalk level. Enclosures shall be designed in compliance with ADA Accessibility
Guidelines and shall provide safe pedestrian access to the public Right-of-way and designated parking
spaces. Such enclosure may consist of screens, planters, fencing or other similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating areas.
(5) Seats provided in outside seating areas shall be included in the required parking calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating areas
shall be white in color and shall not spill over to adjacent properties.
(7) The City Commission shall determine and establish by resolution the charges, terms and termination
procedures for Right-of-way leases.
(8) The City Commission may permit non-food service Uses under Right-of-way lease agreements provided
such Uses are permitted under the Use -by -Exception process and further provided such Uses are special
event related and not continuous.
Sec. 24-115. Reserved.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 54
EXHIBIT A
DIVISION 6. SPECIAL PLANNED AREA DISTRICT (SPA)
Sec. 24-116. Purpose and Intent.
The purpose of the Special Planned Area District is to create a mechanism to establish a plan of Development or
redevelopment for a site where the property owner and the community's interests cannot be best served by the
provisions of the conventional Zoning Districts, and where assurances and commitments are necessary to
protect the interests of both the property owner and the public, and also the unique qualities of the City of
Atlantic Beach which are expressed throughout this Chapter and the Comprehensive Plan.
The intent of this Section is to provide an appropriate Zoning District classification for new Development and
redevelopment where specific development standards and conditions will be established within the enacting
Ordinance. The quality of design and site planning are the primary objectives of the SPA District.
Sec. 24-117. Special Planned Area District defined.
For the purpose of this Chapter, Special Planned Area shall mean a Zoning District classification that provides
for the Development of Land under unified control which is planned and developed as a whole in a single or
programmed series of operations with Uses and Structures substantially related to the character of the entire
development. A Special Planned Area shall also include a commitment for the provision, maintenance, and
operation of all areas, improvements, facilities, and necessary services for the common use of all occupants or
patrons thereof.
Sec. 24-118. Special Planned Area District required. The Special Plan Area process may be used at a
property owner's discretion, and may also be required by the City where a proposed development or
redevelopment project has unique characteristics, special environmental or physical features such that a Site
Development Plan is needed as part of the review and approval process. Proposed Mixed Use projects shall
require approval as a Special Planned Area District.
Sec. 24-119. Permitted Uses and Site requirements.
(a) Permitted Uses. Any Use or mix of Uses, which are a Permitted Use or a permitted Use -by -Exception,
subject to that Use being an allowable Use within the Future Land Use category as designated by the
Comprehensive Plan, may be proposed within a Special Planned Area District.
(b) Site requirements. Special Planned Area Districts shall not have a minimum size requirement, but
shall otherwise be subject to all applicable requirements of this Chapter.
Sec. 24-120. Process for rezoning to Special Planned Area District.
(a) The procedure for rezoning to Special Planned Area shall be the same as set forth within
Section 24-62 of this Chapter.
(b) Ownership and commitment information required. An application for rezoning to Special Planned
Area shall proceed in general as for other applications for rezoning and, in addition to the information
required for such applications, the following shall also be required.
(1) Evidence of unified control and a commitment to proceed with the proposed Development in
accordance with the ordinance creating the Special Planned Area
(2) Provision of a written statement for completion of the Development according to plans and schedule
approved by the ordinance, and for the continuing operation and maintenance of all privately owned
areas, functions and facilities, which will not be operated or maintained by the City pursuant to
written agreement.
(3) Commitment to bind all successors and assigns in title to any commitments included within the
ordinance creating the Special Planned Area which shall also include by reference the application
for rezoning and the approved plan of Development, and which shall be recorded with the Clerk of
the Courts of Duval County.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 55
EXHIBIT A
(4) Statements providing commitments for the continued maintenance and ownership of all shared and
common areas, any private Streets, all stormwater management structures and facilities,
infrastructure and any other Improvements.
(c) Materials to accompany application. An application for rezoning to Special Planned Area shall
include the following..
(1) Traffic, environmental or other technical studies and reports as may be required in order to make
the findings and determinations called for in the evaluation of the particular application. Any
such information shall be provided at the Applicant's expense and shall be prepared by
professionals who are qualified, licensed or certified to prepare such information using standard
accepted methodologies.
(2) Written narrative describing the intended plan of development.
(3) A proposed site development plan drawn at an appropriate scale depicting the following.
i. The general location, grouping, and height of all Uses, Structures and facilities.
ii. In the case of residential development, the number of Dwelling Units proposed, their general
location, proposed Building setbacks, separation between structures and number of stories.
iii. The general location of vehicular and pedestrian circulation systems including driveways,
sidewalks, parking areas, and Streets to be dedicated.
iv. Open Space and all active and passive recreational Uses, with estimates of acreage to be
dedicated to the City and that to be retained in common ownership. Active and Passive
recreation shall be sufficient to serve the needs of residents within the Planned Unit
Development.
v. A topographic map at an appropriate scale showing contour lines, including all existing
Buildings, water bodies, wetland areas and ratio of wetlands to uplands, significant
environmental features and existing vegetative communities.
vi. Any archaeological or historic resources, as identified by the State Division of Historical
Resources Master Site File.
vii. Site data including total number of acres in the project and acreage to be developed with each
proposed Use. (Total number of Dwelling Units separated by type and total nonresidential
acreage and square footage of non-residential Structures.
(4) Proposed schedules of Development, including the following.
i. Areas to be developed and the phasing schedule for each development area. Individual phases
may overlap, but no single phase shall exceed a period of five (5) years.
ii. Terms providing a definition for commencement and a definition of completion.
iii. The construction of Streets, utilities and other improvements necessary to serve the proposed
development.
iv. The dedication of Land to public Use.
Sec. 24-121. Development Standards and Criteria. The Special Planned Area District should not be
construed as a mechanism to diminish the requirements set forth elsewhere within this Chapter or other
Chapters of the City Code. Waivers to existing Development standards shall be approved by the City
Commission and only upon demonstration that an alternative standard will provide a better Development
outcome with respect to the quality of design and Development form. Unless otherwise approved as part of the
Master Site Development Plan, all applicable requirements of the Land Development Regulations shall apply.
Sec. 24-122. Master Site Development Plan required.
A final Site Development Plan shall be attached as an exhibit to the ordinance or adopted by reference within
the ordinance enacting any Special Planned Area District and shall include the following.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 56
EXHIBIT A
(a) Those items set forth within Section 24-118(b)(3)iii.
(b) A schedule of Development, and if a phased schedule is proposed, phases of not more than five (5) years
each.
(c) All features and special development provisions and conditions capable of being depicted on a map or
otherwise provided in notations on the plan or within text attachments.
Sec. 24-123. Platting.
Where Lands within a Special Planned Area District will be platted, the platting and recordation procedures and
requirements as set forth within Article N of this Chapter shall apply.
Sec. 24-124. Modifications to Previously Approved Special Planned Area Districts or Master Site
Development Plans or Planned Unit Developments (PUD).
(a) Changes to the terms or conditions of a Special Planned Area District, or to an existing Planned Unit
Development approved prior to the enactment of the Special Planned Area District, that are specifically
set forth within the ordinance enacting the PUD or SPA District shall require an ordinance revision
using the standard process to amend City ordinances and Land Development Regulations.
(b) Changes to Master Site Development Plans shall require approval by Resolution of the City
Commission upon finding that the proposed changes remain consistent with the approved Special
Planned Area District.
(c) Minor deviations to a Master Site Development Plan or Final Development Plan may be approved by
the designated Administrative Official following review by the Public Works, Public Utilities and
Community Development Departments, upon finding that the requested changes are consistent with the
following:
(1) no change in use;
(2) no increase in building height, density or intensity of use;
(3) no decrease in area set aside for buffers or open space;
(4) no changes to access point or driveways.
Sec. 24-125. Expiration of time limits provided in ordinance.
If Development actions set forth within the ordinance creating a Special Planned Area District are not taken as
prescribed within the ordinance, the Special Planned Area District shall expire, and no further action shall be
permitted under same unless an extension has been granted by the City Commission.
Sec. 24-126. Effect on Previously Approved Planned Unit Developments. (PUDs)
PUDs created prior to the effective date of the ordinance enacting the Special Planned Area District provisions
shall remain so designated on the Zoning Map and shall remain subject to all specific terms and conditions as
set forth within the particular PUD Ordinance, except that any change to a previously enacted PUD shall be
made in accordance with the procedures as set forth within this Division.
Sec. 24-127. through 24-150. Reserved.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 57
EXHIBIT A
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory Uses and Structures.
(a) Authorization. Accessory Uses and Structures are permitted within any Zoning District, as set forth within
this Section, where the Accessory Uses or Structures are clearly ancillary, in connection with, and
incidental to the Principal Use allowed within the particular Zoning District. Any permanently located
Structure, including porches, decks and deck railings and the like, which exceed thirty (30) inches in height,
also including those which may not require a Building Permit, are subject to applicable Yard requirements
unless otherwise provided for within this Section. Any Accessory Structure, if allowed to deteriorate to an
unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon order of the City, and shall
become subject to Code Enforcement action for failure to comply. However, temporary structures, such as
portable tents, canopies, awnings or other non -permanent structures shall be limited to special occasion use
only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be permitted
only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
i. Antenna Structures for television and radio, but not microwave relay or commercial transmission
Structures, television and radio antennas of the customary size and design shall not count as
Accessory Structures for the purpose of determining the number of such Structures, provided that
only one such Structure is permitted per residence.
ii.
iii. Children's playhouse and/or juvenile play equipment provided such shall not be permanently located
within Required Front Yards.
iii. Guest House or Guest Quarters provided that such are used only for intermittent and temporary
occupancy by a non-paying guest or family member of the occupant of the primary residence. A
Guest House or Guest Quarters shall not be rented for any period of time and shall not contain a
Kitchen, but may contain a Kitchenette as defined herein. Further, a Guest House or Guest Quarters
shall not be used as, or converted to a Dwelling Unit. A detached Guest House shall not exceed the
number of Buildings allowed on a Lot as set forth within Section 24-82 (b).
iv. Detached Private Garages, carports, Guest House or Guest Quarters, not to exceed six hundred (600)
square feet of Lot Area and fifteen (15) feet in height, except in accordance with Section 24-88 or the
provisions of the following paragraph. Only one detached Private Garage, carport, Guest House or
Guest Quarters shall be allowed on any single residential Lot, and shall be a minimum distance of
five (5) feet from rear and side Lot Lines. Such detached structures exceeding six hundred (600)
square feet of Lot Area shall comply with applicable setbacks as established for the Principal
Building.
v. Detached Private Garages, not to exceed six hundred (600) square feet of Lot Area may be
constructed to a height of twenty-five (25) feet provided that such Structures shall comply with
applicable Side Yard requirements and shall be a minimum distance of ten(10) feet from the rear Lot
Line.
vi. Gazebos and similar Structures, not to exceed 150 square feet and twelve (12) feet in height and a
minimum distance of five (5) feet from the rear and side Lot Lines.
vii. Private Swimming Pools in accordance with Section 24-164.
viii. Home Office (but not a Home Occupation.)
ix. Private ball courts and other similar private recreational Uses.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 58
EXHIBIT A
x. Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed
in fixed locations and made of wood, block, concrete or similar materials, provided that these are not
located within Required Front Yards or the Street Side Yards on a Corner Lot. Due to excessive
noise, which may result from the use of such ramps, time of use shall be limited to the hours between
9:00am and 10:00pm. Such ramps shall be maintained in a safe and good condition, and shall be
disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly
appearance.
xi. Storage and tool sheds, not to exceed 150 square feet and twelve feet in height. Only one detached
storage or tool shed shall be allowed on any single residential Lot, and such Structures shall be a
minimum distance of five (5) feet from the rear and side Lot Lines.
xii. Screened enclosures and pool cages with screened roofs or similar non-structural roofs such as
awnings and the like, located a minimum of five (5) feet from any side or rear Lot Line. Such
screened enclosures shall not be allowed in Front Yards.
xiii. Personal pets, limited to those animals customarily considered as pets, and kept only on the same
premises of the occupant(s) of the residential Principal Building.
xiv. Outdoor shower enclosures and open exterior stairs within Rear or Side Yards located a minimum of
three (3) feet from side Lot lines.
(2) In any Zoning District; except as to private Swimming Pools. All Accessory Uses and Structures
shall comply with the Use limitations applicable to the Zoning District in which they are located.
i. Unless otherwise specified within this Section, all Accessory Structures shall comply with the Land
Development Regulations, including the minimum Yard Requirements applicable to the Zoning
District in which they are located.
ii. Unless otherwise specified within this Section, Accessory Uses and Structures shall not be located
within Required Front Yards and shall not be closer than five (5) feet from any Lot Line.
iii. No Accessory Structure shall be used as a residence, temporarily or permanently, except in
accordance with Section 24-88, and no Accessory Structure shall be used for any commercial or
business purposes unless approved as a Home Occupation in accordance with the provisions of
Section 24-159 of this Chapter.
iv. Accessory Structures shall not be more than fifteen (15) feet in height, except in accordance with
Section 24-88 or preceding paragraph (b) (1) iv. Space within an Accessory Structure shall not be
leased or used for any Use, activity or purpose other than those typically incidental to the Use of the
Principal Building.
Sec. 24-152. Child Care.
Child Care Centers, including day nurseries and kindergartens, and Child Care provided in private homes,
whether operated as a Permitted Use or permitted as a Use -by -Exceptions, shall be licensed and operated in
accordance with all applicable requirements of the Florida Department of Children and Family Services, all
applicable City Codes, and shall further be subject to the following provisions.
(a) Minimum Lot area shall not be less than five thousand (5,000) square feet.
(b) Outdoor play areas shall be fully fenced with a minimum four (4) foot high latching fence, and the size of
play area shall meet the State regulations for square feet of play area per child. Within all residential
Zoning Districts, play areas and all play equipment, structures and children's toys shall not be located,
maintained or stored within Required Front or Side Yards.
(c) Where approval of a Use -by -Exception is required to operate a Child Care Facility, the maximum number
of children shall be stated in the application, and in no case shall the maximum permitted number of
children be exceeded at any time. The application shall include a Site Plan showing the location of the
Building to be used or constructed on the Lot, fenced play areas, off -Street parking, loading and unloading
facilities as required by Section 24-161, and traffic circulation, including any drop-off areas.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 59
EXHIBIT A
(d) Child Care provided within private homes, not requiring approval of a Use -by -Exception, shall be limited to
care of not more than five (5) children, unrelated to the operator, within a single time period, and shall be
licensed and operated only in accordance with all applicable licensing requirements of the Florida
Department of Children and Family Services (DCFS) and the requirements of this Section. The application
for Occupational License to provide Child Care within a private home shall be accompanied by a copy of
the current license certificate from the DCFS and a survey or site plan demonstrating compliance with all
requirements of this Section. The City reserves the right to request of the DCFS an inspection pursuant to
Section 402.311 Florida Statutes, prior to issuance of a local Occupational License. Child Care in private
homes shall be further subject to the following requirements.
i. No business Signs shall placed upon the Lot where Child Care is provided within private homes.
ii. Play areas and all play equipment, structures and children's toys shall not be located, maintained or
stored within Required Front or Side Yards.
iii. Off -Street parking, as required by Section 24-161, shall be provided, including provision for off-street
drop-off and pick-up. Parking and traffic generated by any Child Care provided within a private
home facilities shall have no adverse impacts to the volume or circulation of residential traffic.
Sec. 24-153. Churches.
The minimum Development criteria for churches in any Zoning District where Churches are permitted shall
include the following.
(a) Adequate site area to accommodate all Structures and required on-site parking and circulation areas for
motor vehicles, in accordance with the parking requirements of this Chapter.
(b) Location on a Collector or Arterial Street with adequate frontage to accommodate ingress -egress driveways
in proportion to expected peak attendance levels in order not to disrupt roadway traffic.
(c) Maintenance of the required clear sight triangle.
(d) Minimum Yard Requirements and Building Restrictions as required within the Zoning District in which the
facility is located.
(e) Buffering as required by Section 24-167 of this Chapter in the form of hedge materials and/or Fence or
wall, as appropriate, along Lot lines adjacent to any residential Uses.
(g) A single Dwelling Unit for may be permitted and may be attached to, located within, or on the same
premises the Church. For Dwelling Units that are detached from the Church Building, the Minimum Yard
Requirements and Building Restrictions of the RS -2 Zoning District shall apply.
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
designated Administrative Official verifying adequate parking, safe site access, and establishing the
duration and time of such activities. Other conditions for approval, as appropriate, may be required.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 60
EXHIBIT A
(b) Within the Commercial General (CG) Zoning District only, 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.
(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 including any property containing a residential use,
household items, furniture and those items customarily intended for indoor use shall not be displayed,
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 properly disposed of to avoid
mold, rodent and insect infestations which may result in health risks and which also create unsightly
appearances that negatively affect neighborhoods. Such violations shall be corrected immediately upon
written order from the City.
Sec. 24-155. Establishments Offering Live Entertainment.
If at any time the City Commission shall determine, based upon procedural due process, that the Live
Entertainment, for which a Use -by -Exception has been issued, constitutes a public or private nuisance, is not in
the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health,
safety, comfort, good order, appearance or value of property in the immediate or surrounding vicinity, then the
City Commission may, upon such determination, revoke, cancel or suspend such Use -by -Exception and related
business license, and any person or party applying for and receiving a Use -by -Exception for Live
Entertainment is hereby placed on notice that the Use -by -Exception may be canceled, revoked or suspended
at any time pursuant to the provisions of this Section. Every Use -by -Exception hereafter granted for Live
Entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation
or suspension for the reasons stated in this section.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 61
EXHIBIT A
Sec. 24-156. Exceptions to Height Limitations.
Upon specific application, the City Commission may make exceptions to the maximum Height of Buildings as
set forth within this Chapter only within non-residential Zoning Districts and only in accordance with the
following.
(a) In no case shall approval be granted for any Height of Building within the City exceeding thirty-five (3 5)
feet, except in accordance with Section 59 of the City Charter.
(b) Requests to exceed the maximum Height of Building for certain elements of a Building may be considered
and approved only within non-residential land use categories and for non-residential development. Further,
any such non-residential increase to the maximum Height of Building shall be limited only to exterior
architectural design elements, exterior decks or porches, and shall exclude signage, storage space or
Habitable Space as defined by the Florida Building Code and shall be approved only upon demonstration
that the proposed height is compatible with existing surrounding development.
Sec. 24-157. Fences, Walls and similar Structures.
(a) Permit required. Issuance of a permit is required for any new or replacement Fence or Wall, and all new
or replacement Fences and Walls shall comply with the following provisions. Nonconforming fences shall
not be replaced with nonconforming Fences. The term Fence and Wall may be used interchangeably within
this Chapter, and shall mean as specifically defined within Section 24-17. Fences must be constructed out
of materials that are customarily used for Fences.
(b) Height and location.
i. Within Required Front Yards, the maximum height of any Fence shall be four (4) feet, except that open
ornamental aluminum, iron or vinyl or wood Fences, similar to the below examples, with vertical rails no
more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a
maximum height of five (5) feet except in cases as described in following subparagraph v. Within
required Side or Rear Yards, the maximum height of any Fence shall be six (6) feet.
i. The height of Fences shall be measured from the Established Grade at the Fence location to the
horizontal top rail of the Fence. The use of dirt, sand, rocks, timbers, or similar materials to
elevate the height of a Fence on a mound or above the Established Grade is prohibited.
ii. The maximum height of retaining walls on any Lot is four (4) feet. A minimum of forty (40) feet
shall separate retaining walls designed to add cumulative height or increase site elevation.
Signed and sealed construction and engineering plans for retaining walls over thirty-six (36) inches in
height shall be required.
iii. For non -oceanfront lots with uneven topography along a side lot line, the minimum necessary
rake of the Fence, which is the ability for a Fence to adjust to a slope, shall be allowed for the
purpose of maintaining a consistent horizontal line along the side of the lot, provided that the
height closest to the front of the lot does not exceed six (6) feet.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 62
EXHIBIT A
(c) Corner Lots. Fences, walls, similar structures and landscaping on Corner Lots may create obstacles to
clear vehicular, bicycle and pedestrian sight visibility resulting in a public safety hazard. Notwithstanding
the following provisions, clear sight visibility for Fences, walls, landscaping or any structure proposed
along the Street side of any Corner Lot shall be verified by the designated public safety official prior to
issuance of the permit required to construct, place or replace any such feature. Sight Triangles as defined
within Section 24-17 shall remain free of visual obstruction.
i. For Corner Lots located on Right-of-ways that are 50 -feet or less in width, no Fence, wall or
Landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any Lot Line
which abuts a Street.
ii. For Corner Lots located on Right-of-ways that are wider than 50 -feet, Fences may be constructed
within the Side Yard adjacent to the Street at a maximum height of six (6) feet provided that the fence is
on the private property and shall not be located closer than fifteen (15) feet from the edge of the Street
pavement or closer than five (5) feet to any Sidewalk or bike path.
iii. Similarly, hedges and landscaping on Corner Lots shall be maintained at a height that does not interfere
with clear vehicular, pedestrian or bicycle sight visibility or use of the public sidewalk or bike path.
(d) Structures similar to Fences. Vertical Structures such as trellises, screens, partitions or walls, that are
intended primarily for the purpose of creating privacy for a back yard or an exterior deck, as opposed to a
Fence which encloses or separates Land, and constructed of any type of material shall be limited to
maximum length of twelve (12) feet and a height of eight (8) feet above the deck or the Established Grade
of the lot where such Structure is placed, provided that no such Structure on a rooftop deck exceeds the
maximum permitted Height of Building. Except for oceanfront lots, where the ocean side is the designated
Front Yard, any such Structure shall not be located within the required Front Yard of a Lot and shall be
subject to the applicable required Side Yard setback.
(e) Maintenance of Fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired, replaced or removed.
Unacceptable Fences are identified as those containing any of the following characteristics that can be
easily observed from the street or by a neighboring property.
i. Components of the Fence are broken, bent, visibly rusted or corroded.
ii. Portions of the Fence are no longer connected to support posts and rails.
iii. Any components are rotten, broken or missing.
iv. Weeds are overtaking the Fence.
Sec. 24-158. Reserved.
Sec. 24-159. Home Occupations.
(a) Intent. Certain Home Occupations may be approved through the Use -by -Exception procedure in order to
address the desire of people to conduct limited small-scale home occupations within a personal residence.
A Home Occupation shall not change the residential character or exterior appearance of a property, shall not
increase traffic in residential neighborhoods or involve on -premises contact with customers or clientele and
shall not create any adverse impacts to the surrounding residential neighborhood.
(b) Home Occupations shall be approved in accordance with Section 24-63. The following provisions
regulations shall also apply to all activities approved as a Home Occupations:
(1) The address of the Home Occupation shall not be advertised as a business location.
(2) No one other than immediate family members residing on the premises shall be involved in the Home
Occupation. There shall be a limit of one business license per person, and no more than two (2)
licenses per household. Home Occupations shall not be transferable from one location to any other
location.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 63
EXHIBIT A
(3) All business activities conducted on the licensed premises shall be conducted entirely within the
Dwelling. There shall be no outside storage or outside Use of equipment or materials and not more
than one vehicle, trailer or the like, which is associated with the business activity, shall be parked on the
licensed premises.
(4) No more than one (1) room of the Dwelling shall be used to conduct the Home Occupation, provided
the area of that room does not exceed twenty-five (25) percent of the total living area of the Dwelling.
(5) No external sign or evidence that the Dwelling is being used for any purpose other than a residence
shall be allowed.
(6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or
electrical interference as a result of the Home Occupation. Evidence of such shall result in revocation
of the Home Occupation approval.
(7) The City Commission may attach additional provisions and conditions, as appropriate, to the approval
of any Home Occupation.
(c) The following are typical activities that may be acceptable as Home Occupations: recognized professional
services with characteristics that exceed the definition of a Home Office, such as accountant, attorney,
bookkeeper, insurance agent, consultant, real estate agent, secretarial services, architect; and artist,
auctioneer, seamstress or tailor, music instructor, photographer, piano tuner, telephone answering service,
hobby and crafts not involving equipment, and licensed massage therapist with no treatment of clients on
premises. (Activities meeting the definition of a Home Office shall not require approval as a Use -by -
Exception.)
(d) The following occupations and activities shall be prohibited as Home Occupations:
(1) Escort, modeling or introduction services.
(2) Masseuse or massage therapy with treatment on premises.
(3) Welding or any type of metal fabrication.
(4) Repair, maintenance or detailing or sale of automobiles, boats, motorcycles, trailers or vehicles of any
kind.
(5) Cabinet or furniture making.
(6) Upholstery or canvas work.
(7) Building, or manufacture or repair of boats, surfboards and the like.
(8) Fortune tellers, psychics and similar activities.
(9) Beauty shops or barbers.
(10) Tattoo or body artists.
(11) Antique or gift shops.
(12) Tow truck service.
(13) Boarding of animals.
(14) Any other activity as determined by the City Commission to be inappropriate as a Home Occupation.
(e) Home Occupations shall not be permitted in areas that are restricted by deed when such documents are
recorded in the public records of Duval County and on file with the City Clerk of the City of Atlantic
Beach.
(i) All other business activities, not specifically approved as a Home Occupations, shall be restricted to the
appropriate Commercial Zoning Districts.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 64
EXHIBIT A
Sec. 24-160. Dumpsters, Garbage Containers and Refuse Collection Areas
and Above -Ground Tanks.
(a) Within residential Zoning Districts, trash receptacles, garbage, recycling and similar containers shall be
shielded from view except during time periods typically associated with refuse collection. Any Structure,
which serves the purpose to contain or shield such containers, shall not be located within Right-of-ways and
shall not create interference with clear vehicular or pedestrian travel or sight distance.
(b) Within commercial Zoning Districts, dumpsters, trash receptacles, above ground tanks and similar
Structures and containers shall be screened from view by fencing or Landscaping, or shall be located so that
these are not visible from adjacent properties or Streets. Above ground tanks used to store hazardous,
chemical or explosive materials may remain unscreened upon determination by the Director of Public
Safety that a threat to security and public safety may result from screening such tank(s) from view.
Sec. 24-161. Off -Street Parking and Loading.
(a) Purpose and Intent. Off-street vehicular parking spaces required by this Section shall be provided at the
time of the construction or expansion of any Building for the Uses listed in this Section. Parking areas shall
be arranged for convenient access and the safety of pedestrians and vehicles; shall provide barriers when
located at the perimeter of a Lot to prevent encroachment on to adjacent properties; and when lighted, lights
shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct stormwater
facilities, drainage swales or clear vehicular sight distance. Excess surface parking is discouraged, and in
no case shall the number of extra surface parking spaces exceed ten spaces or ten (10) percent, whichever is
greater. Parking calculations demonstrating provision of required parking shall be provided with all
building permit applications submitted for review. Required parking shall be maintained for the duration of
the Use it serves.
(b) General requirements and limitations for parking areas.
(1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof condition
kept free of litter and debris.
(2) All parking areas shall be paved unless an alternative surface is approved by the Director of Public
Works. Any such alternative surface shall be maintained as installed, and shall be converted to a paved
surface if a failure to maintain results in adverse drainage or aesthetic impacts.
(3) Parking for residential uses shall be located within paved or stabilized driveways, Private Garages or
carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely
parked within grassed or landscaped areas of a residential Lot or on grassed or landscaped portions of
public Right-of-ways adjacent to the Lot.
(4) There shall be no sales, service or business activity of any kind within any parking area.
(5) Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors
within any residential Zoning District, except for minor maintenance or emergency repair lasting less
than eight (8) hours and performed on a vehicle owned by the occupant of the residential property.
(6) Applications to vary from the requirements of this Section shall follow the procedures set forth in
Section 24-64 (a) and (b). The Community Development Board may approve such application only
upon finding that the intent of this Section as set forth in preceding paragraph (a) is met.
(c) Plans required. A composite site plan depicting the arrangement and dimensions of required parking and
loading spaces, access aisles and driveways in relationship to the Buildings or Uses to be served shall be
included on all plans submitted for review.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 65
EXHIBIT A
(d) Measurement. Where Floor Area determines the amount of Off -Street parking and loading required, the
Floor Area of a Building shall be the sum of the horizontal area of every floor of the Building. In places of
public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal
inches of such seating, or seven (7) square feet of floor area where no seating is provided, shall be
considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to
or more than one-half shall require a full space.
(e) Uses not specifically mentioned. Requirements for Off -Street parking and loading for Uses not specifically
mentioned in this Section shall be the same as required for the Use most similar to the one sought, it being
the intent of this Section to require all Uses to provide adequate Off -Street parking and loading.
(f) Location of required Off -Street parking spaces.
(1) Parking spaces for residential Uses shall be located on the same property with Principal Building(s) to
be served.
(2) Parking spaces for Uses other than residential Uses shall be provided on the same Lot or not more than
four hundred (400) feet away, provided that required Off -Street Parking shall in no case be separated
from the Use it serves by Arterial Streets or Major Collector Streets, or other similar barriers to safe
access between parking and the Use. A shared parking agreement shall be required where off-site
parking is used to meet parking requirements. In such cases, the Uses sharing parking must
demonstrate different peak -hour parking needs.
(3) Off -Street parking for all Uses other than Single and Two-family Residential shall be designed and
constructed such that vehicles are not required to back into public right-of-ways. Parking spaces shall
not extend across right-of-ways including any public or private sidewalk or other pedestrian
thoroughfare.
(4) Off -Street parking spaces for any Use shall not be located where, in the determination of the Director of
Public Safety, an obstruction to safe and clear vehicular sight distance would be created when Vehicles
are parked in such spaces.
(g) Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that smaller
dimensions may be provided for single-family residential Lots, provided that adequate on-site parking
is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the Accessibility Guidelines for Buildings and Facilities
(ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and the
minimum width for a two-way drive aisle shall be twenty-two (22) feet.
(4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a row
identification system to assist patrons with the location of vehicles, and internal circulation shall be
designed to minimize potential for conflicts between vehicles and pedestrians.
(h) Parking space requirements. Where existing Uses, which do not provide the required number of Off -
Street parking spaces as set forth within this paragraph 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.
(1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or seating
places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business, Commercial, Retail, or Service Uses not otherwise specified: One (1) space for each four
hundred (400) square feet of gross floor area.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 66
EXHIBIT A
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two
hundred (200) square feet of gross floor area, whichever is greater.
(6) Residential Uses: Two (2) spaces per Dwelling Unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half (1 1/2) spaces for each hospital
bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory Uses such
as restaurants, lounges, etc., plus one employee space per each 20 sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area.
(10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the
largest working shift, plus one (1) space for each company vehicle operating from the premises.
(11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor
area.
(12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for
each three (3) employees.
(13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees.
(14) Professional Office Uses: One (1) space for each four hundred (400) square feet of gross floor area.
(15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where
service occurs shall be included.
(16) Rooming and boardinghouses: One (1) space for each guest bedroom.
(17) Schools and educational Uses.
i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen.
ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of
gross floor area.
(19) Child Care Centers: Two (2) spaces for each employee, plus a clearly designated drop- off and pick
up area.
(20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area.
(21) Assisted living, senior care and similar housing for the elderly where residents do not routinely
drive or maintain vehicles on the property: One (1) space for each four (4) occupant
accommodations.
(i) Off -Street loading spaces: Off -Street loading and delivery spaces shall be provided that are adequate to
serve the Use such that interference with routine parking, pedestrian activity and daily business operations
is avoided. Where possible, Loading and delivery areas should be located at the rear of a site and shall not
be required to back into a public Right-of-way.
(j) Additional requirements for multi -family residential uses. New multi -family residential Development
shall provide adequate area designated for parking of routine service vehicles such as used by repair,
contractor and lawn service companies. For new Multi -family development located east of Seminole Road,
three (3) spaces per Dwelling Unit shall be required in order to accommodate increased parking needs
resulting from beach -going visitors.
(k) Bicycle Parking. All new Development including any redevelopment or expansion that requires any
change or reconfiguration of parking areas, except for Single and Two-family residential Uses, shall
provide bicycle parking facilities on the same site, and such facilities shall be located as close to the
building entrance as possible, in accordance with the following.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 67
EXHIBIT A
(1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or
other such barrier so to protect parked bicycles from damage by cars.
(2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or
components shall be provided. Bicycle parking shall be located in areas of high visibility that are well
lighted.
(l) Parking areas and tree protection. Where Protected Trees exist within a proposed parking area, and
where more than ten (10) spaces are required, the City Manager may reduce the number of required spaces
solely for the purpose of preserving such Protected Trees. An acceptable tree protection plan shall be
provided to and approved by the City Manager.
Sec. 24-162. Parking Lots.
Off -Street parking Lots may be a permissible Use -by -Exception in all non-residential Zoning Districts where
such Lots are within four hundred (400) feet of the property requiring off -Street parking and provided such
parking Lots shall also conform to the following.
(a) A wall, fencing, shrubbery or as otherwise required by the Community Development Board and the City
Commission shall be erected along edges of portions of such parking.
(b) No source of illumination for the parking area shall be directly visible from any window in any residence in
an adjoining residential Zoning District.
(c) There shall be no sales, service or business activity of any kind in any Parking area
(d) Parking spaces along sidewalks shall use curb stops to limit the encroachment of the parked vehicle into the
pedestrian walkway.
Sec. 24-163. Storage and Parking of Commercial Vehicles and Recreational Vehicles and
Equipment and repair of vehicles in Residential Zoning Districts.
(a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds
gross vehicle weight and Dual Rear Wheel Vehicles shall be prohibited in all residential Zoning Districts.
Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle weight,
Recreational Vehicles, and trailers of all types, including travel, boat, camping and hauling, shall not be
parked or stored on any Lot occupied by a Dwelling or on any Lot in any residential Zoning District, except
in accordance with the following requirements:
(1) No more than one (1) commercial vehicle of less than 12,500 pounds shall be permitted any residential
Lot, and such commercial vehicle shall be parked a minimum of twenty (20) feet from the front Lot
Line. Such commercial vehicle shall be used in association with the occupation of the resident.
(2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum
products or other hazardous materials be permitted to be parked or stored either temporarily or
permanently in any residential Zoning District.
(3) Commercial construction equipment or trailers containing construction equipment shall not be parked or
stored on any residential Lot except in conjunction with properly permitted, ongoing construction
occurring on that Lot.
(b) Recreational Vehicles stored or parked on any residential Lot shall be subject to the following provisions.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 68
EXHIBIT A
(1) Not more than one (1) Recreational Vehicle, boat or boat trailer, or other type of trailer shall be stored
or parked on any residential Lot which is 5000 square feet in Lot Area or less. Minimum Lot Area of
10,000 square feet is required for storage or parking of any second Recreational Vehicle, boat or boat
trailer, or other type of trailer.
(2) Recreational Vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer
than fifteen (15) feet from the Front Lot Line and shall be parked in a manner that is generally
perpendicular to the front property line such that length is not aligned in a manner that extends across the
front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the
residence should not excessively dominate the front of the lot.
(3) Recreational Vehicles, travel trailers or motor homes shall not be inhabited or occupied, either
temporarily or permanently, while parked or stored in any area except in a trailer park designated for
such use as authorized within this Chapter.
(4) Recreational Vehicles parked or stored on any residential Lot for a period exceeding twenty-four (24)
hours shall be owned by the occupant of said Lot.
c) A junked or Abandoned Vehicle, or one that is inoperable, as defined within this Code, shall not be parked
or stored in any Zoning District. Further, mechanical or other automotive repair work on any motor vehicle
shall not be performed out-of-doors within any residential Zoning District, except for minor maintenance or
emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the
residential property.
(d) No materials, supplies, appliances or equipment used or designed for use in commercial or industrial
operations shall be stored in residential Zoning Districts, nor shall any home appliances or interior home
furnishings be stored outdoors in any residential Zoning District.
(e) The provisions of this Section shall not apply to the storage or parking, on a temporary basis, of vehicles,
materials, equipment or appliances to be used for or in connection with the construction of a Building on the
property, which has been approved in accordance with the terms of this Chapter or to commercial or
Recreational Vehicles parked within completely enclosed Buildings.
Sec. 24-164. Swimming Pools.
Swimming Pools and ornamental pools shall be located, designed, operated, and maintained so as to minimize
interference with any adjoining residential properties, and shall be subject to the following provisions.
(a) Lights: Lights used to illuminate any Swimming Pool or ornamental pool shall be arranged so as not to
directly illuminate adjoining properties.
(b) Setbacks: The following setbacks shall be maintained for any Swimming Pool, hot tub, spa or ornamental
pool:
(1) For Swimming Pools, hot tubs, spas, the front Setback shall be the same as required for a residence
located on the Parcel where the such is to be constructed, provided, that in no case shall the pool to be
located closer to a front lot line than the Principal Building is located; except that a pool may be located
in either Yard on a double frontage Lot along the Atlantic Ocean and provided that no pool on such
Lots is located closer than five (5) feet from any Lot Line.
(2) For ornamental pools, the front Setback shall be a minimum of five (5) feet.
(3) Minimum Required Side and Rear Yard Setbacks shall be five (5) feet from any Lot Line.
(c) Fences: All Swimming Pools and any ornamental pool with a depth greater than two (2) feet shall be
enclosed by a Fence, wall or equivalent barrier at least four (4) feet in height and designed in compliance
with all applicable State and local regulations.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 69
EXHIBIT A
Sec. 24-165. Service Stations.
The following provisions shall apply to the location, design, construction, operation and maintenance of Service
Stations:
(a) Lot dimensions. A Lot containing a Service Station shall be of adequate width and depth to meet all
Setback requirements, but in no case shall a Corner Lot have less than two (2) Street frontages of at least
one hundred fifty (15 0) feet each and an area of at least twenty-two thousand five hundred (22,500) square
feet, and an interior Lot shall have a Street frontage of at least one hundred (100) feet and a minimum area
of fifteen thousand (15,000) square feet.
(b) Access to site. Vehicular entrances or exits for Service Stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of Street frontage
or fraction thereof;
(2) Contain an access width along the,curb line of the Street of not more than forty (40) feet as measured
parallel to the Street at its narrowest point, and not be located closer than one hundred (100) feet from a
Street intersection along any arterial or collector Street and/or closer than fifty (50) feet from a Street
intersection on a local Street or closer than ten (10) feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the Right-of-way
line and the curb or edge of the pavement along a single Street.
(c) Location of pumps and Structures. No Principal or Accessory Building, no sign of any type, and no
gasoline pump shall be located within fifteen (15) feet of the Lot Line of any property that is residentially
zoned. No gasoline pump shall be located within twenty (20) feet of any Street Right-of-way line.
(d) Lighting. All lights and lighting on a Service Station shall be so designed and arranged so that no source of
light shall be directly visible from any residential Zoning District; this provision shall not be construed to
prohibit interior lighted signs.
Sec. 24-166. Signs.
Signs shall be governed as set forth within Chapter 17 of this Code, Signs and Advertising Structures.
Sec. 24-167. Required Buffers Between Residential and Non -Residential Uses. When new
Development, or a change of Use is proposed in any non-residential Zoning District that adjoins a Lot in
Residential Use, either to the side or to the rear, buffers as described below shall be provided.
(a) Where non-residential Development is proposed adjacent to residential development, there shall be a solid
masonry wall, or wood fence, shrubbery or Landscaping as approved by the designated Administrative
Official, along Required Rear and Required Side Yards. Such buffer shall be a minimum of five (5) feet in
height, except that within Required Front Yards, such buffer shall be four (4) feet in height. Required
buffers shall be constructed and maintained along the entire length of the adjoining Lot Line.
(b) Where Landscaping is used as the required buffer, such Landscaping shall provide one -hundred (100)
percent opacity within twelve (12) months of installation.
(c) Where a wall or Fence is used, such wall or Fence shall be constructed on the non-residential property or
the property line, and height of the wall or Fence shall be measured from the Finished Grade of the non-
residential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height
as measured from the lowest side. Buffer walls and fences as required by this Section may be constructed
to a maximum height of eight (8) feet, subject to approval of the designated Administrative Official upon
demonstration that such height is required to provide adequate buffering between Uses.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 70
EXHIBIT A
Sec. 24-168. Land Clearing, Tree Removal or Damage to Existing Trees and Vegetation. The
removal or damage of a trees and vegetation shall be governed by Chapter 23, Article II. No Lands shall be
cleared or grubbed, and no vegetation on any Development site disturbed, prior to issuance of all required
approvals and Development Permits authorizing such clearing. Prior to the commencement of any clearing
operations, erosion and sediment control Best Management Practices shall be installed and inspected by a
Public Works Erosion and Sediment Control Inspector.
Sec. 169. through 170. Reserved.
Sec. 24-171. Commercial Corridor Development Standards.
(a) Intent. The following additional standards and requirements shall apply to those lands within all
Commercial Zoning Districts that are located along Arterial Street corridors within the City of Atlantic
Beach. The intent of these additional requirements is to: enhance the aesthetic and physical appearance of
these gateways into the City; enhance and retain property values; promote appropriate redevelopment of
blighted areas; and to create an environment that is visually appealing and safe for pedestrians, bicycles and
vehicular traffic.
(b) Delineation of Commercial Corridors. Within the City of Atlantic Beach, Commercial Corridors shall be
defined as the lands extending a depth of one hundred (100) feet from the outer edges of the right-of-ways
along Mayport Road and Atlantic Boulevard, in those Zoning Districts designated as Commercial General
(CG), Commercial Limited (CL) and Commercial, Professional Office (CPO).
(c) Building Form and Finish Materials. The following general provisions shall apply to all Development in
the Commercial Corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are prohibited.
Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid the appearance of a flat
roof from the adjoining Street.
(2) Open bay doors and other similar large doors providing access to work areas and storage areas shall not
open towards or face the Commercial Corridors.
(3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the front and
any street side, or any side visible from adjoining residential properties, of existing buildings shall be of
brick, wood, stucco, decorative masonry, exterior insulation and finish systems (EIFS), architectural or
split -face type block, or other finish materials with similar appearance and texture. Metal clad,
corrugated metal, plywood or Oriented Strand Board (OSB), and exposed plain concrete block shall not
be permitted as exterior finish materials on the front and any street side of a Building.
(4) Blank exterior walls facing the Commercial Corridors, which are unrelieved by doors, windows and
architectural detail, shall not be permitted.
(5) Burglar bars, steel gates, metal awnings and steel -roll down curtains are prohibited on the exterior and
interior of a structure when visible from any public street. Existing structures which already have burglar
bars, etc., shall be brought into compliance with these provisions within a reasonable time after any change
of ownership of the property, which shall not be more than ninety (90) days.
(d) Signs. Signs shall be regulated as set forth within Chapter 17 of this Code, except that externally
illuminated Monument Signs are encouraged.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct lighting
sources shall be shielded or recessed so that excessive light does not illuminate adjacent properties or the
sky.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in
any required Front Yard and in any required Yard adjoining a Street.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 71
EXHIBIT A
(g) Landscaping and Required Buffers. The requirements of Division 8 of this Chapter shall apply, except
that the following additional requirements shall also apply to new Development and to redevelopment that
is subject to the requirements of Division 8. Required buffers and landscape materials shall be depicted on
all plans submitted for review.
(1) A ten (10) foot wide Buffer shall be required along the entire Parcel frontage of the Commercial
Corridors, except for driveways. This buffer shall consist of Trees as required by Division 8 and shall
also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in height at
installation. Buffers shall be kept free of debris and litter and shall be maintained in a healthy
condition.
(2) Along the front of the Principal Building, a six (6) foot wide area shall be maintained between the
Building and the parking area or any walkway. This area shall be use for landscaping.
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch shall
be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the Commercial Corridors, the use of landscape materials that are
drought and heat resistant is'strongly encouraged. Unhealthy or dead landscape materials, including
sod and ground covers shall be replaced within thirty (30) days of written notification from the City to
the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers, provided that
required landscape materials are provided.
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 policies 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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 72
EXHIBIT A
(1) To ensure that buildings are compatible in mass and scale with those of buildings seen traditionally
within the residential neighborhoods of Atlantic Beach.
(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 11th 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.
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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 73
EXHIBIT A
(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.
(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.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 74
EXHIBIT A
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.
(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.
Section 24-173. Neighborhood Preservation and Property Maintenance Standards.
(a) Purpose and Intent. The City of Atlantic Beach is composed predominantly of older residential
subdivisions and neighborhood scale commercial businesses serving these neighborhoods. It is in the
public interest of the City to foster diverse and stable neighborhoods and to implement strategies in support
of related Objectives and Policies as expressed within the City's adopted Comprehensive Plan. The
purpose and intent of these regulations is to provide minimum standards for the acceptable conditions of
properties and Structures within the City and to assist in the implementation of the International Property
Maintenance Code, which is adopted as Article VIII within Chapter 6 of this Municipal Code of
Ordinances.
(b) Appropriate maintenance and upkeep. All areas of a lot and Structures that are visible from a Street
or a neighboring property shall be maintained in an acceptable manner, which shall be defined by the
following characteristics.
(1) Lots are maintained free of litter, trash, debris, discarded belongings, automotive parts and old tires,
construction materials, and broken and abandoned items.
(2) Dead shrubbery or landscaping is removed from lots, and where a resident is unable to maintain a
lawn or landscaping, dirt or sand areas are contained in some manner so as to prevent dirt or sand
from blowing or washing on to adjacent properties, the street or the City's stormwater system.
(3) Broken or missing glass in windows or doors is replaced with glass, and where windows or doors
are visible from the street, these are not covered with wood, fiberglass, metal, cardboard, newspaper
or other similar materials, except for a temporary time period as needed to make proper repairs or to
protect windows from wind-borne debris during a storm.
(4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken and are securely
attached as intended.
(5) Household items of any type that are customarily intended to be used and maintained within the
interior of a residence are not stored or discarded in any location on a lot that is visible from a
street. Similarly, within the rear or side yards of a lot, such items are not stored in a manner or
amount such that an unsightly nuisance to neighboring properties or an environment that attracts
rodents, insects, or other animals and pests is created.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 75
EXHIBIT A
Sec. 24-174. Boats and Watercraft.
For the purposes of this Section, the term Watercraft shall include every type of boat or vessel or craft intended
to be used or capable of being used or operated, for any purpose, on waters within the City of Atlantic Beach.
These provisions shall apply to all waters over which the City has jurisdictional authority and shall not be
construed to apply to waters under the sovereign control of the State of Florida, except as similarly addressed in
State law.
(a) Intent. The purpose and intent of this Section is stated as follows:
i. to protect water quality and Environmentally Sensitive Areas within and adjacent to the City of Atlantic
Beach;
ii. to protect vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and
estuarine marshes;
iii. to protect the rights of the public to use waterways for navigation and recreation including the
temporary or overnight anchoring of boats; and
iv. to prohibit the permanent mooring and storage of privately owned watercraft within tributaries and
deepwater channels adjoining the Intracoastal Waterway in that such activity has the potential to create
obstacles to safe navigation and to interfere with rights of navigation and recreational use and also to
create hazards to persons and property where such watercraft may not be attended or secured during
storm or hurricane events.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any Watercraft
or dock any sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within
the City of Atlantic Beach.
(c) Damage to or destruction of Environmentally Sensitive Areas. It shall be unlawful for any person to
operate, dock, moor or anchor any Watercraft in a manner that causes damage or adverse impacts to any
marine or water resource, wildlife habitat or other Environmentally Sensitive Areas as defined within this
Chapter and as set forth within the Conservation and Coastal Management Element of the Comprehensive
Plan.
(d) Public Docks and Anchoring and Mooring Restrictions.
i. Within the waters of Tideviews Preserve and Dutton Island Preserve docking or anchoring shall be
restricted to non -motorized Boats and Watercraft or to those equipped only with electric trolling
motors.
ii. Within the waters of the River Branch Preserve, no Watercraft or floating structure shall be permanently
anchored or moored, or tethered to the shore in any manner, it being the express intent of the City that
these natural resources of the City be held in the public trust and not used for permanent mooring or
storage of privately owned Watercraft. Non-trailered Watercraft that are observed and documented to
be within the waters of the River Branch Preserve for periods of longer than one week, or for which the
registered owner can provide no proof of where the Watercraft is elsewhere kept, shall be presumed to
be permanently kept in the Preserve and shall be in violation of this Code and subject to established
Code Enforcement action or other remedies available under applicable law.
iii. No permanent mooring device shall be placed within any waters east of the right-of-way of the
Intracoastal Waterway as delineated by the United States Army Corps of Engineers or within any of it
connected creeks or tributaries.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 76
EXHIBIT A
(e) Live -Aboard Vessels prohibited. Live -Aboard Vessels shall be prohibited within all waters under the
jurisdictional authority of the City of Atlantic Beach. Live -Aboard Vessel shall mean:
i. Any vessel used solely as a residence and not for navigation; or
ii. Any vessel represented as a place of business, a professional or other commercial enterprise, or
iii. Any vessel for which a declaration of domicile as a legal residence has been fled pursuant to Section
327.02.222.17. Florida Statutes.
A commercial fishing boat is expressly excluded from the term Live -Aboard vessel, and this prohibition
shall not be construed to include Watercraft or cruising vessels that are engaged in recreational activities or
navigation and traveling along the Intracoastal Waterway from anchoring temporarily or overnight.
(f) Private property rights. These provisions shall not be construed or enforced to diminish any lawfully
established riparian rights or rights of navigation, access or view entitled to private property owners.
Sec.24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this Division, the following terms shall have the meanings as set forth within this Section.
Where applicable and appropriate to the context, definitions as set forth within Chapter 23 of this Code,
Vegetation, shall be used in conjunction with these terms and the requirements of this Chapter.
Buffer shall mean the required treatment of areas between different classifications of Uses or incompatible
Uses. Buffers may incorporate the combinations of Landscaping, Open Space or fences.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high,
intended to cover the ground.
Hedge means a Landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and distribute water to
plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass, ground covers,
shrubs, vines, hedges, or trees. Landscaping may also include Landscape elements such as rocks, pebbles, sand,
mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such Landscape element has a solid
roof.
Mulch means organic materials customarily used in Landscape design to retard erosion and retain moisture.
Perimeter Landscape means a continuous area of Land which is required to be installed along the perimeter of
a Lot in which Landscaping is used to provide a transition between Uses and reduce adverse environmental,
aesthetic, and other negative impacts between Uses.
Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous
from the base naturally growing to a mature height between two (2) and twelve (12) feet.
Vehicular Use Area (VUA) means those areas of a site to be used for off -Street parking, employee parking,
service drives, loading zones and access drives within property located in commercial and industrial Zoning
Districts.
Xeriscape means water conserving Landscape design utilizing native or drought tolerant vegetation and water
efficient irrigation systems.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 77
EXHIBIT A
Sec. 24-177. Applicability; Requirements; Buffer Design Standards; Maintenance; Protection
and Visibility.
(a) Applicability. The provisions of this Section shall apply to all new non-residential Development and
Multi -family Development, including property in Government Use. The provisions of this Section shall
also apply when the total cost of alteration, expansion or renovation of existing such Development is equal
to or exceeds twenty-five (25) percent of the current Assessed Value of the parcel improvements, or when
the total square footage of a Structure is expanded by more than twenty-five (25) percent as well as when
any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined
in accordance with the Building Evaluation Data sheet as established by the Standard Building Code
Council International.
(b) Landscape Plan Required.
(1) Prior to the issuance of any Development Permit for non-residential Development and Multi -family
Development, a Landscape Plan shall be approved by the Community Development Director. For
Development sites greater than two (2) acres in size, a Landscape Plan shall be submitted with
Preliminary Site
Plans as required by Section 24-167(c). The Landscape Plan shall be prepared by either the owner or a
licensed, registered Landscape architect, bearing his seal, or shall be otherwise prepared by persons
authorized to prepare Landscape Plans or drawings pursuant to Chapter 481, Part Il, Florida Statutes
(Landscape Architecture).
(2) The required Landscape Plan shall be drawn to scale, including dimensions and distances, and shall:
i. Delineate the Vehicular Use Areas, access aisles, driveways, and similar features.
ii. Indicate the location of sprinklers or water outlets and back flow prevention devices.
iii. Designate by name and location the plant material to be installed or preserved in accordance with
the requirements of this part. The use of Xeriscape Landscape materials and methods is strongly
encouraged.
iv. Identify and describe the location and characteristics of all other Landscape materials to be used.
v. Show all Landscape features, including areas of vegetation required to be preserved by law, in
context with the location and outline of existing and proposed Buildings and other improvements
upon the site, if any;
vi. Include a tabulation clearly displaying the relevant statistical information necessary for the director
to evaluate compliance with the provisions of this part. This includes gross acreage, square footage
of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and
such other information as the director may require; and
vii. Indicate all overhead and underground utilities located on the property and in the Right-of-way
adjacent to the property to which the Landscape plan applies. This shall include overhead and
underground electric service lines to all proposed Buildings.
(c) Vehicular Use area interior Landscaping requirements.
(1) Vehicular Use Areas open to the public. Ten (10) percent of vehicular Use areas (VUA's) Used for off -
Street parking, employee parking, auto service stations, service drives, and access drives within
property located within Commercial and Industrial Zoning Districts shall be Landscaped.
(2) Specialized Vehicular Use Areas closed to the public. Five (5) percent of VUAs used for storage areas
for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and
other transportation, warehousing and truck operations not generally open to the public shall be
landscaped.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 78
EXHIBIT A
(3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as
to provide visual relief from broad expanses of pavement and at strategic points to channel and define
vehicular and pedestrian circulation. Landscape areas shall contain the following:
i. At least twenty-five (25) percent of the Landscape areas shall be covered with shrubs; the
remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing.
ii. Not less than one (1) tree for every four thousand (4,000) square feet of the VUA.
(4) Each row of parking spaces shall be terminated by a Landscape island with inside dimensions of not
less than five (5) feet wide and seventeen (17) feet long, or thirty-five (3 5) feet long if a double row of
parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a
travel lane shall have a continuous six-inch high curb of concrete or other appropriate permanent
material. The use of depressed raingardens or bioswales in parking lot landscaping is strongly
encouraged. Curb stops, rather than continuous curb, may be used to allow runoff to flow to the
landscaped area.
(5) If it can be shown to the satisfaction of the Community Development Director that the strict application
of this Section will seriously limit the Use of the property, the Community Development Director may
approve the location of the required interior Landscape area near the perimeter of the VUA or adjacent
to the Building on the property, so long as the Landscape area is within twenty (20) feet of the
perimeter of the VUA.
(d) Perimeter Landscaping requirements.
(1) Street frontage Landscaping. All VUA that are not entirely screened by an intervening Building from
any abutting dedicated public Street or approved private Street, to the extent such areas are not so
screened, shall contain the following:
i. A Landscape area of not less than ten (10) square feet for each linear foot of VUA Street frontage,
fifty (50) percent of which shall be at least a five -foot -wide strip abutting the Street Right-of-way
except for driveways. The remaining required Landscape area shall be located within twenty-five
(25) feet of the Street Right-of-way.
ii. A durable opaque Landscape screen along at least seventy-five (75) percent of the Street frontage,
excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing under -story
vegetation, or combination thereof, may be Used so long as the screen is no less than three (3) feet
high measured from the property line grade. Walls or fences shall be no more than four (4) feet in
height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not
exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of Street side frontage
of walls or fences shall be Landscaped with shrubs or vines.
iii. No less than one (1) tree, located within twenty-five (25) feet of the Street Right-of-way, for each
fifty (50) linear feet, or fraction thereof, of VUA Street frontage. The trees may be clustered, but
shall be no more than seventy-five (75) feet apart. If an overhead power line abuts the Street
frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be
located at least fifteen (15) [feet] away from the power line.
iv. The remainder of the Landscape area shall be Landscaped with trees, shrubs, ground covers, grass,
or mulch.
V. Landscape areas required by this section shall not be used to satisfy the interior Landscape
requirements; however, the gross area of the perimeter Landscaping which exceeds the minimum
requirements may be Used to satisfy the interior Landscape requirements.
vi. If a utility Right-of-way separates the VUA from the public Street or approved private Street, the
perimeter Landscaping requirements of this section shall still apply.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 79
EXHIBIT A
(2) Perimeter Landscaping adjacent to Lot Lines. All Vehicular Use Areas that are not entirely
screened by an intervening Building from an abutting property, to the extent such areas are not
screened, shall contain the following:
i. A continuous Landscape area at least five (5) feet wide between the VUAs and the abutting
property, Landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass;
ii. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for
every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property.
Trees may be clustered, but shall be no more than seventy-five (75) feet apart.
iii. A buffer wall between incompatible Land Uses as required by subsection (g), if applicable
iv. If an alley separates the VUA from the abutting property, the perimeter Landscaping requirements
shall still apply.
ii. Existing Landscape Screen. If an existing Landscape screen has been established on abutting
property, then it may be used to satisfy the requirements of this Section, so long as the existing
Landscape screen is abutting the common Lot Line, and it meets all applicable standards of this Section.
(4) Driveways to Streets. The maximum width of any driveway not containing a Landscaped island
through the perimeter Landscape area shall be thirty-six (36) feet. The maximum width of any
driveway containing a Landscaped island through the perimeter Landscape area shall be forty-eight (48)
feet and the driveway shall contain a Landscaped island which measures not less than eight (8) feet in
width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other
alternative approved by the director. In no event shall more than fifty (50) percent of any Street frontage
be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to
less than twenty-four (24) feet.
(5) Driveways to adjoining Lots. Driveways may be permitted by the Community Development Director
to adjoining Lots of compatible Use.
(6) If a joint driveway easement is provided between adjacent property, then the required perimeter
Landscaping for each property shall be provided between the drive and any other vehicular Use areas.
(7) If it can be shown to the satisfaction of the Community Development Director that the strict application
of this Section will seriously limit the Use of the property, the Community Development Director may
approve the location of the required interior Landscape area.
(e) Buffers required between incompatible or different Use classifications.
(1) Where incompatible or different Use classifications are adjacent, without an intervening Street, a buffer
strip shall be required between such Uses. Such buffer strip shall be at least ten (10) feet in width the
entire length of all such common Lot Lines and shall be required in the following circumstances:
i. Multiple -family Dwelling Use or Zoning Districts, three (3) or more attached units when adjacent
to single-family Dwelling(s) or Lands zoned for single-family Dwelling.
ii. Office Use or Zoning Districts, when adjacent to single-family or multiple -family Dwellings,
mobile home parks or subdivisions or Lands zoned for single-family or multiple -family Dwellings,
mobile home parks or subdivisions.
iii. Mobile home park use or Zoning Districts, when adjacent to single-family Dwellings, multiple -
family Dwellings and office Uses, or Lands zoned for single-family Dwellings, multiple -family
Dwellings or offices.
iv. Commercial and institutional Uses or Zoning Districts, when adjacent to Single-family Dwellings,
Multi -family Dwellings or Mobile Home parks or Mobile Home subdivision Uses or Lands zoned
for Single-family Dwellings, Multi -family Swellings or Mobile Home parks or Mobile Home
subdivisions.
V. Industrial Uses or Zoning Districts, when adjacent to any non -industrial Uses or Zoning Districts
other than agricultural Land Uses or Zoning Districts.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 80
EXHIBIT A
(2) Required Buffers shall at a minimum contain the following Landscape materials:
i. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five
(25) linear feet of required buffer strip, or majority portion thereof.
ii. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip.
iii. Visual screen. A visual screen running the entire length of common boundaries shall be installed
within the buffer strip, except at permitted access ways. The visual screen may be a wood or
masonry wall, Landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a
slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on
adjacent property abutting the property line or exists between the proposed development on the site
and the common property line, then it may be Used to satisfy the visual screen requirements.
iv. Prevailing requirement. Whenever parcels are subject to both the perimeter Landscaping
requirements and buffer strip requirements of the Article, the latter requirements shall prevail.
V. Hardship. If the Community Development Director determines that the construction of a
Landscape buffer area required by this Section shall create an unreasonable hardship, the Director
may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets
the visual screening requirements of this Section.
(3) The required buffer strip shall not be used for Principal or Accessory Uses and Structures, Vehicular
Use Areas, dumpster pads, signs, equipment, or storage.
(f) Landscape design standards.
(1) Minimum tree requirements shall comply with Section 23-17(c).
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for Vehicular Use Area Landscaping may be used to fulfill the tree requirements of this
Section.
(4) Standards for Landscape materials.
i. Plants and trees shall meet the criteria of Chapter 23, Section 23-17(e)(2)a.
ii. Fifty (50) percent of the trees may be non -shade trees or trees with a mature canopy of fifteen (15)
feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not
be planted closer than two (2) feet from any pavement edge or Right-of-way line, as measured from
center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or
Right-of-way line, as measured from center of trunk.
iii. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree
or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight
(8) feet, measured from the ground level to the base of the palm.
iv. Criteria for shrubs, vines and ground covers. Hedges and shrubs Used to form an opaque screen
shall be no less than a three -gallon container [ofJ grown material or equivalent balled and burlap
material.
v. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used
on grass areas within Street rights-of-way disturbed by construction, in swales, on slopes of four (4)
to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its
dormant season, an annual winter grass shall also be sown for immediate effect and protection until
permanent coverage is achieved.
vi. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine
straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare
preserved natural areas.
vii. General cleanup. At the completion of work, construction trash and debris shall be removed and
disturbed areas shall be fine -graded and Landscaped with shrubs, ground cover, grass or two (2)
inches of mulch.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 81
EXHIBIT A
(g) Maintenance and protection of Landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all Landscaped areas,
which shall be maintained in good condition so as to present a healthy, neat and orderly appearance,
free of refuse, debris and weeds. Failure to maintain required Landscape areas or to replace within
thirty (30) days all required Landscaping which is dead, irreparably damaged, or fails to meet the
standards of this Section, shall be deemed a violation of these Land Development Regulations and
subject to Code Enforcement procedures.
(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system. Irrigation systems
shall include moisture or rain sensors.
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may
be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased
and insect -infested limbs, and branches which rub other branches.
(h) Intersection visibility. Where an access way intersects with another access way within a Vehicular Use
Area, or where an access way is located within a Vehicular Use Area, or where an access way intersects
with a Street Right-of-way, cross visibility within the sight triangle, as defined in this Chapter shall be
unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement.
Secs. 24-178. through 24-185. Reserved.
ARTICLE IV.
SUBDIVISION AND SITE IMPROVEMENT REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and Intent.
As of the March 08, 2010 effective date of this amendment to the Land Development Regulations all areas of
the City suitable for development have been previously platted. As such, the primary purpose of this Article is
to provide procedures for changes to previously recorded Subdivisions (replats) and conditions for the division
of existing Lots, and to establish development standards and requirements for new Development or
redevelopment within the City. The provisions set forth within this Article shall be construed as the design and
development standards for all new development and redevelopment within the City.
Sec. 24-187. Subdivision and Subdivision Improvements defined.
(a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land into
three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater
facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall
also include changes to previously recorded Plats, Replats and the division of previously recorded
Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context,
Subdivision also relates to the process developing Land.
(b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall
not be limited to street pavements, curbs and gutters, sidewalks, driveways, alley pavements, walkway
pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street
lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs),
monuments, or any other Improvement as may be required by the City Commission or these Land
Development Regulations.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 82
EXHIBIT A
Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat
(a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created,
except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter
177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of
the following conditions result from the division of Land.
(1) The division of any Land will create three (3) or more contiguous Lots or Parcels.
(2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will
alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or
change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or
designated preservation area.
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final
Subdivision Plat or Replat.
(a) Building Permits may be issued following divisions of Land without the need for approval of a Final
Subdivision Plat or a Replat only in accordance with each the following provisions.
(1) The division results in no more than two (2) contiguous Lots or Parcels.
(2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements
of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of
these Land Development Regulations.
(3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other
Nonconforming characteristic.
(4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new
lots verifying compliance with the above requirements. Such Certified Survey shall be submitted to the
City and approved prior to recording of a deed for transfer of ownership of Lands, and shall be recorded
as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence
of the approved Certified Survey along with any application for Building Permits.
(b) Townhouses and residential Dwellings held in Fee -Simple Ownership. Townhouses and Two-family
Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final
Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land
Development Regulations and the Comprehensive Plan.
Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel.
In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a
single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for
Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and
provision of all Required Yards for all Structures.
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties
may result from strict compliance with this Article, the City Commission may approve a waiver to the
requirements of this Article if the waiver serves the public interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written
request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City
Commission shall not approve a waiver unless it determines as follows.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 83
EXHIBIT A
(1) The particular physical conditions, shape or topography of the specific property involved causes an
undue hardship to the Applicant if the strict letter of the Article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the
waiver is sought, are not generally applicable to other property and do not result from actions of the
Applicant.
(4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the
requirements of this Article. If the City Commission approves a waiver, the City Commission may
attach such conditions to the waiver as will ensure that the waiver will comply with the intent and
purpose of this Article.
Sec. 24-192., Vacation of Previously Recorded Subdivision Plats.
An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by written application to
which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require
approval by resolution of the City Commission, and such vacation shall be approved only in accordance with
Chapter 177.101, Florida Statutes.
Secs. 24-193. through 24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
(a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified Survey
as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of
Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat
or Replat has been approved in accordance with the provisions of this Article.
In the event that an unapproved Final Subdivision Plat, Replat, Certified Survey as required by Section 24-
189, or any division of Land, is recorded, no Building Permit or other type of permit authorizing any
Development shall be issued until such division is approved in accordance with the requirements of this
Article.
(b) Applicability. The procedures of this Division apply to new Plats, replats or any change to a
previously recorded Subdivision plat.
Sec. 24-202. Review and Approval Procedure.
The requirements of each of the following reviews shall be met prior to the recording or re -cording of a Final
Subdivision or an amended Plat prior to the issuance of any Building Permit within lands encompassed by the
Plat.
Sec. 24-203. Review of proposed Plat or changes to a previously recorded Plat.
(a) A proposed Plat shall be drawn at a clear and legible scale and shall be prepared in accordance with the
requirements of Section 177.091, Florida Statutes, and shall further demonstrate compliance with this
Article and applicable requirements of these Land Development Regulations. The following information
shall be depicted upon proposed new Plats and as required by the City for changes to previously recorded
Plats in accordance with the type of change requested
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 84
EXHIBIT A
i. Title block. The title or name of the proposed Subdivision; the name and address of the owner of the
tract proposed for Development, and the name and address of the engineer and surveyor engaged to
prepare and design the proposed Plat.
ii. Legend. Date, scale of Plat, north arrow, Zoning District designation, total number of Lots and
minimum Lot size.
iii. Legal description. A full and detailed legal description of the Lands to be platted and approximate
acreage.
iv. Vicinity map. A vicinity map, at scale, depicting the proposed Subdivision in relation to the abutting
Land Uses and Streets.
v. Abutting Subdivisions. All contiguous properties shall be identified by Subdivision title, Plat book and
page number, or if un -platted, the adjacent Land shall be so designated.
vi. The location and proposed name of Streets, Right-of-way and pavement widths, both within and
immediately contiguous to the Lands included in the Plat.
vii. Existing and proposed public or private Open Space, Buffers, natural and man-made lakes, waterways,
water bodies, Wetlands and Environmentally Sensitive Lands.
viii. Existing and proposed public and private Easements shall be shown on the Plat. The purpose for the
Easement shall be noted on the Plat.
ix. Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to the
requirements of Section 24-256 of this Article.
x. Dedications and reservations of all tracts and parcels of Land proposed to be dedicated or reserved for
public Use, including Right-of-ways, roads, Easements, parks, sidewalks, bike or pedestrian trails.
x. Proposed Lot Lines, with approximate dimensions and Lot numbers, shall be shown.
xi. Contour intervals of one (1) foot, except where determined to be unreasonable or unnecessary by the
designated Administrative Official.
(b) Preliminary engineering drawings. Five (5) copies of preliminary engineering drawings shall be
submitted for distribution and review by appropriate City departments. Preliminary engineering drawings
shall depict the general location of the following.
i. Water system lines and support facilities.
ii. Sewer system lines, any lift stations and support facilities.
iii. Stormwater and drainage facilities, Easements and other such features.
iv. Any Bulkheads.
v. Street profiles.
vi. Sidewalks, bicycle paths and pedestrian paths.
vii. Excavation and fill areas including any impacted Wetlands.
(c) Review process. Upon receipt of a complete and proper application for the proposed Plat, copies shall be
distributed to appropriate departments for review and comment. Review comments shall be provided to the
Applicant in writing within fifteen (15) days of receipt of the complete and proper application.Upon
completion of review by City departments and verification that the proposed Plat is in general compliance
with applicable Land Development Regulations, the proposed Plat shall be placed on the agenda of the next
meeting of the Community Development Board for consideration and recommendation. The Community
Development Director shall provide to the Community Development Board all relevant information
concerning the proposed Plat including any outstanding comments from all reviewing departments, officials
or agencies. The Community Development Board shall make a recommendation to the City Commission to
approve the application, deny the application, or approve the application subject to specified changes based
upon the requirements of these Land Development Regulations, the Comprehensive Plan and other
conditions which may be unique to the Land encompassed by the proposed Plat.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 85
EXHIBIT A
(d) Time limit. The recommendation of the Community Development Board shall remain valid for twelve (12)
months. If the Applicant has failed to obtain Subdivision Plat approval within twelve (12) months re-
application in accordance with the provisions of this Article shall be required.
(e) It shall be unlawful to construct any Improvement without approval of a Final Subdivision Plat or Replat
and issuance of a valid Building Permit authorizing Development.
Sec. 24-204. Proposed Plat review and approval.
(a) Purpose and Intent. The purpose of the proposed Final Subdivision Plat review is to ensure that the
proposed Final Subdivision Plat meets all requirements of Part I, Chapter 177, Florida Statutes, all
requirements of these Land Development Regulations and other applicable regulations prior to approval by
the City Commission and prior to recording.
(b) Information required for review.
(1) Final Subdivision Plat review. Copies of the proposed Final Plat in the number as requested on the
application form shall be submitted to the City and shall be prepared in accordance with the design
standards and requirements established in these Land Development Regulations and Part I, and Chapter
177, Florida Statutes, as may be amended.
(2) The Final Subdivision Plat shall be prepared by a registered land surveyor in accordance with the
requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black
permanent drawing ink. The Final Subdivision Plat shall be drawn on eighteen (18) by twenty-six (26)
inch Mylar or as required for recording in the Official Records of Duval County. The Final Subdivision
Plat may be on several sheets, and each sheet shall contain an index delineating that portion of the
Subdivision shown on that sheet in relation to the entire Subdivision. The Final Subdivision Plat shall
be at the same scale and in the same format as the proposed Plat. The Final Subdivision Plat shall
contain sufficient data to readily determine and accurately locate on the ground the location, bearing
and length of every Right-of-way line, Lot Line, Easement boundary line and black line, including the
radii, arcs and central angles of all curves. The following shall also be included.
i. Boundary Survey and Title Certification as required by Florida Statutes, Chapter 177.041.
ii. Name of new Subdivisions and Replats. As required by Florida Statutes, Chapter 177.051, every
new Final Subdivision Plat, and any section, unit or phase therein, as well as any Replat of a
previously recorded Final Subdivision Plat, shall be given a name by which the Subdivision shall be
legally known.
iii. Every Final Subdivision Plat shall be prepared, signed and sealed by a registered land surveyor as
required by Florida Statutes, Chapter 177.061.
iv. Dedication of Improvements. All public Improvements or property designated for public purpose
on any Final Subdivision Plat, including but not limited to, all Streets, alleys, Easements, Right-of-
ways, parks, recreation amenities, Open Space, Buffers and protected areas shall be expressly
dedicated on the face of the Final Subdivision Plat. In addition, the Final Subdivision Plat shall
contain a statement of dedication to the City, other appropriate government units or public utilities
for all water lines, sewer lines, pumping stations, electrical power lines, fiber optic, digital or cable
television lines, gas lines and any other public utility service lines and appurtenances located within
the tract prior to recording.
v. Any special conditions, including Building Restriction Lines that may exceed the Zoning District
Minimum Yard Requirements or other unique requirements shall be noted on the Final Plat.
vi. If required, assurance for the performance of construction, completion, maintenance and warranty
of all Improvements shall be submitted as set forth within Division 4 of this Article.
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EXHIBIT A
(3) Approval or denial by City Commission. Upon receipt of all required information, the Community
Development Director shall, within thirty (30) days, schedule the Final Subdivision Plat for public
hearing before the City Commission. The Community Development Director shall forward all relevant
information to the City Commission for its consideration. The City Commission, after considering all
comments shall approve, deny or approve subject to specified conditions, the Final Plat for recording,
based upon compliance with the required certifications and security requirements and with the other
requirements and provisions of this Article and other applicable policies, ordinances, laws and
regulations. If substantial changes to Lot, block or Street layout or Lot sizes occur at any time after
the consideration by the Community Development Board, another review by that board shall be
conducted prior to submittal of the Final Subdivision Plat to the City Commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the City Commission, said Plat shall be
signed by the Mayor and recorded under the applicable provisions of Chapter 177, F.S. Acceptance of
the Final Plat shall be deemed provisional acceptance by the City of public Improvements and other
public areas dedicated to the City. Final acceptance of all public Improvements shall occur upon the
submission to the City Commission of a valid Certificate of Completion as provided for in Section 24-
235 of this Chapter. The acceptance of dedications for public purpose shall be affixed to the face of the
Plat. Four (4) copies of the recorded Final Subdivision Plat shall be provided to the City.
Secs. 24-205. through 24-220. Reserved.
DIVISION 3. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally.
All new Development and redevelopment, including areas of previously approved Subdivisions platted but not
developed, shall contain Improvements designed and constructed according to the requirements and
specifications of this Article, the Comprehensive Plan, and applicable policies, regulations and ordinances of the
City and laws of the State of Florida.
Where Development contains or impacts previously existing Streets used to access the Development, or impacts
stormwater and utility facilities that do not meet the requirements of current Development standards, the
Applicant shall be required to improve such substandard facilities contained within or used by the
Development or redevelopment project to current standards, unless specifically exempted herein. It is the intent
of the City that new Development shall make improvements to substandard facilities to the extent that the
Development impacts such facilities.
The following services and facilities shall be required Improvements.
(a) Streets designed and constructed according to the standards and requirements of this Article.
(b) Sidewalks designed and constructed according to the standards and requirements of this Article.
(c) Approved Street signs with block or address range numbers as provided for in Chapter 6 of this Code,
markers, traffic signs and signals to control and circulate traffic within the Subdivision in accordance with
the Florida Uniform Manual of Traffic Control Devices, as published by the Florida Department of
Transportation.
(d) Drainage and stormwater management facilities designed and constructed according to the standards and
requirements of this Article. The term "drainage," where appropriate, shall include, but not be limited to,
swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross
drains and canals.
(e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to a
central sewer system, based on the requirements of the State of Florida regulating the sanitary facilities for
Subdivisions, the provisions of this Article or other applicable policies, laws, ordinances and regulations.
(See Section 24-260.)
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 87
EXHIBIT A
(f) A centralized water system, unless an individual water supply system is permitted, based upon the required
standards of the State of Florida, the provisions of this Article and other applicable policies, laws,
ordinances and regulations.
(g) Parks and recreation dedication, as specified in Section 24-256 of this Article.
(h) Electric, telephone, gas and other utilities shall be constructed underground as specified in this Article and
shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation.
(i) Such other Improvements as deemed necessary to comply with the requirements of this Article and to
protect the public health, safety and welfare because of topography or other conditions unique to the Land.
Secs. 24-222. through 24-230. Reserved.
DIVISION 4. ASSURANCE FOR COMPLETION AND
MAINTENANCE OF IMPROVEMENTS
Sec. 24-231. Commencement of construction.
Construction of the required Improvements within a Subdivision may begin upon issuance of a Building Permit.
Further, such construction may commence only after recording of the Final Subdivision Plat, and only after any
required Performance Bonds or other assurances are secured.
Sec. 24-232. Performance security.
(a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated
Administrative Official verifying that the developer has complied with one of the following alternatives.
(1) Cash Deposit. The developer shall deposit with the City or place in an account subject to the control of
the City, cash in the full amount of the total sum of engineering and construction costs for the
installation and completion of the required Improvements. The developer shall be entitled to
secure draws from such deposits or account as installation progresses at stages of construction
established by the designated Administrative Official, but not more frequently than monthly. A draw
from the cash deposit or account shall be made only within thirty (30) days after the developer's
engineer has certified to the City that the cost of Improvements installed equals or exceeds the amount
of the draw requested plus any previous draws made and the designated Administrative Official has
inspected the Improvement and authorized the draw. The City Commission shall have the right to
reduce the amount of any requested draw to an amount justified based upon his inspection of the
Improvements and shall also have the right to refuse to approve any requested draw so long as the
developer fails to be in compliance with any of the terms and conditions of the Plat or plans and
specifications for the Improvements. The developer shall be entitled to receive any interest earned on
the deposit or account. The City, after sixty (60) day's written notice to the developer, shall have the
right to use the cash deposit or account for the completion of the Improvements in the event of default
by the developer or failure of the developer to complete the Improvements within the time required by
the resolution approving the Final Subdivision Plat and after any extensions granted have expired.
(2) Personal Bond with Letter of Credit. The developer shall furnish to the City his personal bond
secured by an unconditional and irrevocable letter of credit in an amount equal to the total of
engineering and construction costs for the installation and completion of the required Improvements,
which letter of credit shall be issued by a State or United States banking institution to the City. The
letter of credit shall be in the form approved by the City Attorney. During the process of construction,
the City Commission may reduce the dollar amount of the personal bond and letter of credit on the basis
of work completed. The City, after sixty (60) day written notice to the developer, shall have the right to
use any funds resulting from drafts on the letter of credit for the completion of the Improvements in the
event of default by the developer or failure of the developer to complete such Improvements within the
time required by the resolution approving the Final Subdivision Plat or after any extensions granted
have expired.
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EXHIBIT A
(3) Surety Bond. The developer shall furnish to the City a Surety Bond in the form and by a surety
approved by the City Attorney guaranteeing that within the time required by the resolution approving
the Final Subdivision Plat, all work required shall be completed in full accordance with the Final
Subdivision Plat and all conditions attached thereto, copies of which shall be attached to and constitute
a part of the bond agreement. The bond shall be in an amount equal to one hundred (100) percent of the
sum of engineering and construction costs. During the process of construction, the designated
Administrative Official may reduce the dollar amount of the .bond on the basis of work completed. The
City, after sixty (60) day's written notice to the developer, shall have the right to bring action or suit on
the surety bond for the completion of the Improvements in the event of default by the developer or
failure of the developer to complete such Improvements within the time required by the resolution
approving the Final Subdivision Plat and after any extensions granted have expired.
(4) Any other form of security must be approved in writing by the City Manager in consultation with the
City Attorney.
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above one or
more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a maturity or
expiration date later than the established time for completion of Improvements. The time for completion of
Improvements shall be as specified within the resolution approving the Plat, or such later time as may be
approved by the City Commission; provided, that if the collateral securing the completion of Improvements
has a maturity or expiration date shorter than the time for completion, the time for completion shall be
deemed to expire upon failure of the developer to extend, renew or provide substitute collateral for such
collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the
City Commission.
Sec. 24-233. Maintenance security.
Where the City is requested to accept maintenance of any public Improvement within the Subdivision, a
Maintenance Bond in the amount of one hundred (100) percent of the construction cost of the Improvements
shall be filed with the City. Such Bond shall provide that the City shall be indemnified if the Developer does
not replace or repair any public Improvements, which are defective in materials or workmanship or which were
not constructed in compliance with the approved Construction Plans. The terms of the Maintenance Bond shall
expire one year after acceptance for maintenance by the City unless the City serves written notice to the
Developer that the Improvements are defective in material or workmanship or were not constructed in
compliance with the approved Construction Plans within the one year.
Sec. 24-234. Inspections.
(a) As Improvements are being constructed within the Subdivision, the Building Official and authorized staff or
consulting engineer shall have the right to inspect Improvements. The Building Official or authorized
representative shall be specifically notified of the commencement and completion of all of the following.
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete Structures when steel is in place prior to pouring.
(4) Stabilized sub -grade.
(5) Curb and concrete work.
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the Building Official of the commencement and completion of the construction may be
good cause for the refusal to issue a Certificate of Completion.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 89
EXHIBIT A
Sec. 24-235. Issuance of Certificate of Completion.
Upon completion of construction of all required Improvements, the Developer shall provide the Building
Official the following.
(a) A letter stipulating that the construction of the Improvements has been completed and requesting final
inspection and approval.
(b) The testing reports and certificates of compliance from material suppliers specified in this Article.
(c) Three (3) sets of as -built Construction Plans and electronic as -built drawings in AutoCAD 2000 (or newer)
or comparable format.
(d) Certification from a registered engineer, with his seal affixed, that the Improvements have been constructed
in conformity with the approved Construction Plans.
(e) Upon receipt and review of the above items, and after satisfactory final inspection, a Certificate of
Completion shall be issued by the Building Official.
Secs. 24-236. through 24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required Improvements shall be designed by a Florida registered professional engineer. Construction Plans
shall be prepared in accordance with applicable local, State and Federal standards. Construction Plans shall be
approved by the City prior to construction of Improvements, and issuance of a Building Permit shall constitute
approval to commence Development. The requirements within this Division shall apply to all Improvements
and all Development, as set forth herein, including Improvements within Subdivisions, Planned Unit
Developments, approved Site Plans, and any other Development Projects, including individual Lots and Parcels,
where applicable. Construction Plans shall address each of the following requirements and shall provide
sufficient information to demonstrate compliance with all applicable requirements of these Land Development
Regulations, the Florida Building Code and any other applicable State or Federal regulations.
(a) Conformity to City policies. The division and Development of Land subject to these regulations shall be in
conformance with the goals, objectives and policies of the Comprehensive Plan as well as all other
applicable local, State and Federal requirements regulating the division and Development of Land.
(b) Use of natural features. The arrangement of Lots and blocks and the Street system shall make the most
advantageous use of topography, shall preserve mature trees, other natural features and Environmentally
Sensitive Areas, wherever possible.
(c) Soil and flood hazards. A Final Subdivision Plat shall not be approved unless all Land intended for use as
Building sites can be safely and reasonably used for Building purposes without danger from flood or other
inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or
public welfare. In particular, Lands that are within the one hundred (100) year flood -prone areas, as
designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be
subdivided and developed until proper provisions are made for protective flood control measures and
stormwater management facilities necessary for flood -free access to the sites. All Lots and Building sites
shall be developed such that Habitable Space is constructed at a minimum Finished Floor Elevation of eight
and one-half (8.5) feet above Mean Sea Level or with two and one-half (2.5) feet Freeboard, whichever is
greater.
Flood protection provisions shall be approved by the designated Administrative Official to assure that fill or
grade level changes will not alter the natural drainage or adversely affect other areas downstream through
added runoff or adverse impacts to water quality.
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EXHIBIT A
(d) General construction methods. All design and construction methods shall conform to the requirements of
these Land Development Regulations and all design and construction standards referenced therein,
including, but not limited to: Florida Department of Transportation Drainage Design Manual, Standard
Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards for Design,
Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans shall demonstrate compliance with the stormwater management
provisions of Section 24-66 of these Land Development Regulations depicting all necessary elevations,
treatment of intersections, design grade of pavement, the width of right-of-way, width and type of
pavement. Topographic information depicting existing and proposed ditches, swales, major drainage
channels and other drainage facilities and systems shall also be provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs, swales,
canals, shoulders, slopes, drainage structures and other items of major construction.
(2) Profile sheets of all Streets and underground structures to be constructed, together with elevations
shown for existing Streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a Florida licensed
geotechnical engineer based on field testing of existing soils. Said design recommendation shall be
submitted prior to the commencement of any Street construction or any construction of stormwater
management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers will be required
to prevent erosion and displacement of soil or sand, and shall be shown on paving and drainage
engineering plans, and shall be inspected and certified by a qualified Erosion and Sediment Control
Inspector prior to the commencement of any land clearing or Development.
Sec. 24-252. Streets.
(a) Concept and principles. The character, width, grade and location of all Streets and bridges shall conform
to the standards of this Division and shall be considered in their relation to existing and planned Streets, to
topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed
Use of the Land to be served by the Streets.
(b) Arrangement of Streets. The arrangement of new Streets within a Subdivision or new Development
project shall:
(1) Conform with the Transportation Element of the Comprehensive Plan.
(2) Be interconnected with the existing Street system so as to provide for vehicular connections between
neighborhoods.
(3) New Local Streets shall be designed in a manner, which discourages use by through traffic.
(c) Access to paved Streets required. Every Lot, Development Parcel or new Subdivision shall have access
to a paved Street dedicated to public Use, which has been accepted and maintained by the City. It shall be
the responsibility of the developer to design, construct and pave Streets in accordance with
he requirements of Division 5 of this Article. A Certificate of Completion shall be issued prior to
acceptance of any public Street by the City and prior to the issuance of any Building Permit to develop
individual Lots or Parcels.
(1) Any Subdivision of Land, which creates more than ten (10) residential Lots shall provide two (2)
separate access points, unless other provisions, such as permanent Easements, are made for emergency
ingress, and provided that such entrances will not adversely affect the Street system.
(2) New Subdivisions, which utilize private security gates or other types of restricted access, shall provide
a universal emergency access system at each entrance.
(d) Private Streets providing access to individual Lots shall be constructed and maintained in accordance with
Division 5 of this Article. Provision for the continued private maintenance of any private Street shall be
provided to the City prior to issuance of any Building Permit.
(e) Where the impact of new Development can be demonstrated to reduce any transportation related Level of
Service Standard as established by the adopted Comprehensive Plan, additional Right-of-way and roadway
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 91
EXHIBIT A
improvements may be required by the City to maintain adequate roadway capacity, public safety or to
ensure adequate access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public Streets shall be prohibited
except where irrevocable control of such reserve strips is placed with the City_
(g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right angles,
and no Street shall intersect any other Street at less than a sixty (60) degree angle. Offset intersections,
which may be created by new Streets, shall be prohibited except where removal or damage to any Private
Protected Tree or Public Protected Tree may be avoided by such offset intersection.
(h) Property lines rounded at intersections. Property lines at Street intersections shall be rounded with a
radius of twenty (20) feet or a greater radius where required by the City. The City may permit comparable
cutoffs or chords in place of rounded corners.
(i) Minimum Right-of-way and paving widths. Minimum Street Right-of-way and paving widths shall be as
follows, unless otherwise indicated or required by law:
STREET TYPE
RIGHT-OF-WAY
PAVING WIDTH
Minor Collector Street
60 feet
24 feet
Local Street: Without curb and gutter
60 feet
20 feet
Local Street: With curb and gutter
50 feet
24 feet
Cul-de-sacs and loop Streets not exceeding
1500 feet in length: Without curb and gutter
60 feet*
20 feet*
With curb and gutter
50 feet*
20 feet*
Alley: Commercial
Alley: Residential
30 feet
20 feet
12 feet
10 feet
* Required for linear portion of cul-de-sacs and loop Streets.
See following paragraph (i) for dimension of turn-arounds.
(j) Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. These Streets are limited to one thousand (1,000) feet in length; however, the City
may approve cul-de-sacs of greater lengths, where due to topographic conditions, design consideration, or
number of Lots to be located on the same, a greater length may be deemed necessary. A circular
turnaround shall be provided at the terminus of the cul-de-sac. The circular area shall contain right-of-way
with a diameter of not less than seventy-five (75) feet as measured from adjoining property lines. The
diameter of the paved area shall be not less than sixty (60) feet as measure from edge of curb. The City
may authorize a "T" type design of proper size for vehicular turnaround as required by the Director of
Public Works. Temporary turnarounds shall be provided at the end of Streets, which are to be extended in
the later stages or phases of the Development.
(k) Street names and house numbers. The assignment of addresses shall be determined by the Building
Official.
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EXHIBIT A
Sec. 24-253. Driveways.
(a) Driveways and accessways shall be constructed in accordance with the requirements of Section 19-
7 of this Code, and as set forth within this Section.
i. Residential driveways shall not create more than 50% impervious area within the public Right-of-
way, and shall be limited to the following widths.
ii. Maximum driveway width at the Property Line and through the right-of-way shall be 22 feet, subject to
not exceeding 50% impervious area in the right-of-way.
iii. Maximum driveway aisle width through the right-of-way for circular drives shall be 12 feet subject to
subject to not exceeding 50% impervious area in the right-of-way.
iv. Maximum driveway width at the Property Line and through the Right-of-way for Two-family Dwellings
on a 50 -foot wide lot shall be a combined width for both driveways of 24 feet.
(b) Shared driveways. The use of shared private driveways shall be permitted subject to provision of a shared
access Easement or other legally binding agreement between all parties using such access. A copy of the
recorded Easement or agreement shall be provided to the City prior to issuance of a Building Permit.
Sec. 24-254. Easements.
(a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities where
necessary, and shall be at least fifteen (15) feet wide and shall extend from Street to Street. All stormwater
and utility easements dedicated to the City shall be permanent easements, irrevocable and without
reservation.
(b) Drainage and watercourses. Where a Development is traversed by a watercourse, canal, drainage way,
non -navigable channel or stream, there shall be provided a stormwater Easement or drainage Right-of-way
conforming substantially with the lines of the watercourse, and such further width as will be adequate for
the purpose of access for maintenance, and to provide for the unrestricted flow of the intended volume of
water.
(c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and
location as may be determined by the designated Administrative Official.
(d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and service
Easements or Right-of-ways may be required.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
(f) The abandonment or vacation of beach access Easements shall be prohibited.
Sec. 24-255. Blocks.
(a) General. The lengths, widths and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate Building sites suitable to the special needs of the Use contemplated.
(2) Zoning District requirements as to Lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of Street and pedestrian traffic and fire
protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting Streets,
except that the City Commission may approve blocks of greater length.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 93
EXHIBIT A
Sec. 24-256. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall be
appropriate for the location of the Development and for the type of development and Use proposed. Lot
arrangement and design shall be such that all Lots shall provide satisfactory and desirable Building sites.
Minimum sizes for Lots shall be as set forth within the applicable Zoning District requirements. Unless
expressly provided for within this Chapter, no residential Lot created after the initial effective date of these
Land Development Regulations shall have a width of less than seventy-five (75) feet at the Building
Restriction Line, or shall it contain less than seven thousand, five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
(b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate
to provide for the off -Street service and parking facilities required by the type of Use and Development
proposed.
(c) Residential Corner Lots. Corner Lots for residential Use shall have extra width, greater than a
corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to both
Streets.
(d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public Street.
No new Lot shall be created, which prohibits established access or reasonable access to an Abutting
Property.
(e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be avoided.
(f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance with
approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the recorded Plat.
Sec. 24-257. Provision for required recreation.
New Subdivisions containing ten (10) or more acres shall be required to provide a minimum of one acre
dedicated for recreation purposes. A requirement of one acre per each ten (10) acres, or fractional portion
thereof, shall be required for new Subdivisions exceeding ten (10) acres in size. A minimum of fifty (50)
percent of Lands required for recreation shall contain active recreation facilities such as ball -fields or multi-
purpose fields, tennis courts, skateboard facilities, swimming pools and the like.
Sec. 24-258. Required Monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets, and
at intermediate points as shall be required by the designated Administrative Official.
(b) Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set in
each residential Subdivision, and in no case less than two (2) such monuments and in no case more than two
thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, properly
referenced, for both construction and future City use. The Permanent Reference Monuments shall meet all
the specifications set out in Florida Statutes, Chapter 177.091, and as may be required by the designated
Administrative Official.
(c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on the
Final Subdivision Plat. All iron pipes and pins and Permanent Reference Monuments shall be of such size,
material and length as may be specified by the designated Administrative Official.
(d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or Permanent Reference
Monuments.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 94
EXHIBIT A
(e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCP) shall
be set in accordance with Florida Statutes, Chapter 177.091, except all monuments including Lot corners
shall be placed before the developer is released from any required surety. If no surety bond or personal
bond secured by a letter of credit is posted, monuments including Lot corners must be placed prior to
acceptance for ownership and maintenance. Any and all Land monuments including Lot corners disturbed
or destroyed in the prosecution of construction shall be accurately witnessed and replaced at the developer's
expense upon the completion of construction. The designated Administrative Official may accept a
certification from the developer's surveyor that the requirements of this Division have been satisfied.
Sec. 24-259. Clearing and Grading of Right-of-ways. The developer shall be required to clear all
Rights-of-way and to make all grades, including all grades for Streets, alleys and drainage, consistent to grades
of the approved Construction Plans. All debris shall be removed from Rights-of-way. In the interest of the
preservation of existing Protected Trees, or Environmentally Sensitive Areas, or other natural features, the City
may vary from this Section where aesthetic and environmental conditions shall be enhanced. No Right-of-ways
shall be cleared prior to approval of Construction Plans, and issuance of a site clearing and tree removal or
relocation permit as required by Chapter 23 of the Code of Ordinances. Installation of required erosion and
sediment control l3MPs must be completed and inspected prior to beginning clearing operations.
Sec. 24-260. Centralized Sewer and Water Services.
(a) New Subdivisions shall be required to provide centralized water and sanitary sewer systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements of Chapter 64E-6,
Florida Administrative Code. New septic tanks shall further be subject to the provisions of following
Section 24-260.
Sec. 24-261. Installation of septic tanks, private wastewater, and on-site sewage treatment and
disposal systems.
(a) New Lots or Parcels, which are created pursuant to the exemptions from the requirement for approval and
recording of a Final Subdivision Plat or Replat as set forth within Section. 24-189, shall contain a Minimum
Lot Area of one (1) acre, exclusive of Wetlands, in order to use private wastewater Systems and Septic
Tanks, or any type of on-site sewage treatment and disposal systems, except that any Lot within one -
hundred (100) feet of any central sewer line shall be required to connect to central services as required by
Chapter 22, Article III of this Code of Ordinances without respect to size of the Lot or Parcel.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 95
EXHIBIT A
ARTICLE V. ENVIRONMENTAL AND
NATURAL RESOURCE REGULATIONS
DIVISION 1. WELLHEAD PROTECTION
Sec. 24-262. Purpose and Intent.
The intent of these regulations to protect and safeguard the health, safety and welfare of the residents
of the City of Atlantic Beach by establishing wellhead protection measures that safeguard the Floridan
Aquifer from intrusion of any contaminants that may jeopardize present and future public water supply
wells in the City of Atlantic Beach. It is also the intent of the City of Atlantic Beach to augment
policies adopted in the Comprehensive Plan that address the protection of Public Potable Water wells.
Section 24-263. Definitions.
Faulty Well means any well completed into the Floridan Aquifer or Hawthorne Group which does not meet the
requirements as specified in this Section 24-266.
Hawthorne Group Well means any well that penetrates a portion of the Hawthorne Formation, with a screened
or open hole segment terminating within the Hawthorne Formation.
Potable Water means water which is intended for drinking, culinary or domestic purposes subject to
compliance with state and federal drinking water standards.
Private Well means a shallow aquifer, Hawthorne, or Floridan well that is not a Public Potable Water well.
Public Potable Water Well means any water well completed into the Floridan Aquifer, which supplies Potable
water to a community water system or to a non -transient, non -community water system, as those terms are
defined in Rule 62-521.200, Florida Administrative Code.
Public Water Supply Utility or "Utility" means the owner of a Public Potable Water Well or Wellfield.
Risk of Contamination means the existence of a faulty Floridan or Hawthorne well located within a Wellhead
Protection Area, a source of contamination, and/or a gradient in the shallow aquifer towards the faulty Floridan
or Hawthorne well, creating a threat to a Public Potable Water well due to cross contamination between aquifers
or source waters.
Wellfield means more than one Public Potable Water well owned by a Public Water Supply Utility in close
proximity to each other.
Wellhead Protection Area means an area consisting of a five hundred foot (500') radial setback distance
around a Public Potable Water Well or Wellfield where the most stringent measures are provided to protect the
ground water sources for a potable water well and includes the surface and subsurface area surrounding the
well.
Wellhead Protection Area Map means a map showing the location of the boundary of each of the Wellhead
Protection Areas.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 96
EXHIBIT A
Section 24-264. Establishing and Mapping Wellhead Protection Areas. There is hereby established
a Wellhead Protection Area around each Public Potable Water Well and/or Wellfield. Wellhead Protection
Areas shall be mapped for the edification of the public and to assist the City in safeguarding the ground water
resource. Any new Public Potable Water wells shall have the Wellhead Protection Areas added to the map
within 30 days of completion of construction.
Section 24-265. Investigations and Monitoring.
(a) A map shall be developed and kept up-to-date, using the City's GIS system, to show the location of any
known private wells within the Wellhead Protection Area that are drilled into the Hawthorne or Floridan
Aquifer. The mapping shall include a review of available federal, state and local environmental databases,
including, but not limited to, databases pertaining to Brownfields Redevelopment Programs, Florida
Department of Environmental Protection SIS Contaminated Sites List, lists of commercial hazardous waste
transporters' facilities, hazardous waste notifications, solid waste facilities, storage tank and petroleum
contamination/cleanup records, U.S. Environmental Protection Agency Comprehensive Environmental
Response, Compensation and Liability Act and Resource Conservation and Recovery Act remedial action
sites. Any sites deemed to be potential contamination risks by the City may be investigated by City staff or
their consultants. In conducting the investigation, the City shall, at a minimum, consider the condition of
such sites; the status of the site within any applicable U.S. Environmental Protection Agency and/or Florida
Department of Environmental Protection regulatory program; and, any existing or planned remediation
activities and site management plans.
(b) Using the City's and St. Johns River Water Management District's (SJRWMD) water well database, the
City shall map private well locations within the Wellhead Protection Areas and shall assess the depth, use,
and condition of each identified private well from available records. The City shall identify wells known or
likely to penetrate the Hawthorne Group and/or Floridan Aquifer within each Wellhead Protection Area.
Thereafter, the City shall have authority to conduct an investigation of each well into the Hawthorne Group
and Floridan Aquifer to determine the condition of the well and its potential as a contaminant pathway into
the Floridan Aquifer. The investigation may include a request for records of the well construction,
regulatory reports, maintenance logs or other documents and data records available from the owner or from
regulatory agencies.
(c) The City shall have the right to assess to the best of its ability whether any wells are located within, or
downgradient in the shallow aquifer gradient from a contaminated site within a Wellhead Protection Area.
The City shall determine the condition of the well to prevent the migration of contaminants from non -
Floridan aquifers to the Floridan Aquifer based on the applicable regulatory standards of design and
installation, and proper maintenance practices including but not limited to the following:
(1) Proper grout seal outside of the casing;
(2) Presence of an approved and certified backflow prevention device if required;
(3) Proper sanitary seal on wellhead;
(4) Concrete pad around wellhead;
(5) Surface water drainage;
(6) Well casing integrity; and
(7) Properly maintained pumping and distribution systems.
(d) It shall be the responsibility of the City to determine that a Public Potable Water well is at Risk of
Contamination. Once this determination has been made, the City may identify the specific contaminants of
concern, and report to the St. Johns River Water Management District (SJRWMD) and Florida Department
of Environmental Protection (FDP).
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 97
EXHIBIT A
Section 24-266. Prohibitions in Wellhead Protection Areas.
Within a 500 -foot radius around an existing Public Potable Water well, those actions and uses established by the
Florida Department of Environmental Protection in Rule 62-521.400, Fla. Admin. Code, which is adopted by
reference, shall be prohibited. Additionally, no existing private wells shall be deepened and no new wells shall
be constructed within designated Wellhead Protection Areas that penetrate a portion of the Hawthorne Group or
the Floridan Aquifer without first obtaining a well construction permit from the City of Jacksonville as provided
in Environmental Protection Board Rule 8 and including a review of areas on known contamination at or near
the proposed or existing well location. A City of Atlantic Beach well permit from the Building Department
must also be received prior to construction. All new wells within such areas must be fully grouted.
Abandonment of existing wells shall be in accordance with applicable SJRWMD requirements and a copy of
the plugging and abandonment report shall be submitted to the City.
Section 24-267. Requirements Within Wellhead Protection Areas.
The following requirements apply to all Floridan Aquifer wells, including Private wells, within the boundary of
a Wellhead Protection Area.
(a) All Floridan and Hawthorne wells may be inspected by the City or their consultants at any time after the
effective date of this ordinance. The City shall prioritize re -inspections for wells that, in its opinion, pose
the greatest threat to the Floridan Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a backflow prevention
device in compliance with local plumbing code and Department of Environmental Protection rules.
(c) Within one year after the effective date of this ordinance, all Private Floridan wells within a Wellhead
Protection Area shall be configured with a sanitary seal on the wellhead and a concrete pad around the
outside of the well casing to prevent leakage of surface water into the well. Each well shall be finished with
a concrete pad a minimum of 5' x 5' and at least 3" thick. The pad shall be finished above ground surface
to allow surface water to drain away from the wellhead. The surrounding ground surface should be sloped
away from the wellhead, if possible, to further prevent surface water from collecting at the wellhead.
(d) Floridan Aquifer wells shall be drilled, maintained and repaired according to the standards of Chapters 62-
524 and 40C-3, Florida Administrative Code.
(e) The City shall notify the owner of any well that is not found to be in compliance with the requirements of
this section of the violation. Any Private well not properly constructed or maintained to reasonably prevent
contamination from any other aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The
cost of abandonment, repair or replacement shall be the responsibility of the well owner and/or the owner of
the property on which the well is located. All Private Faulty wells found to be out of compliance shall have
ninety (90) days to either perform those repairs necessary to bring the Private well into compliance with this
section or to properly abandon the well pursuant to the appropriate standards and procedures. Copies of
inspection reports from the St. Johns River Water Management District confirming that the well has been
properly abandoned, repaired or replaced shall be submitted to the City. If the work is not inspected by the
St. Johns River Water Management District, the City or their consultant shall inspect the well to confirm
that it has been properly abandoned, repaired or replaced at the cost of the owner, and the abandonment,
repair or replacement shall be entered into a database of well -related information maintained by the City.
Failure to properly repair or abandon a Private Faulty well, pursuant to the requirements of this Section,
shall be referred to the Code Enforcement Board.
Section 24-268. Notice of Release or Spill of Contaminants in Wellhead Protection Areas.
The City shall send written requests to local hazardous release/spill responders to immediately notify the Public
Utilities Department of any and all spills or releases in the water service area. City staff shall determine if an
incident has occurred within a Wellhead Protection Area. City staff shall notify the State Warning Point,
Department of Environmental Protection, or other regulatory agencies as required by law, depending on the
nature and amount of the spill.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 98
EXHIBIT A
Section 24-269. Authority and Responsibilities of the City.
The City shall have the following powers and duties:
(a) Administer and enforce the provisions of these Wellhead Protection regulations.
(b) Render all possible assistance and technical advice to private well owners, except that the City shall not
design or construct private facilities.
(c) Perform such other administrative duties as may be necessary.
(d) The City shall have the right to inspect privately owned facilities.
DIVISION 2. PROTECTION OF WETLAND,
MARSH AND WATERWAY RESOURCES
Sec. 24-270. Purpose and Intent.
The purpose and intent of this Division is to provide regulations that contribute to the protection of the
vast coastal marsh, estuarine and wetland system associated with the Atlantic Intracoastal Waterway
and its tributaries in conjunction with the State and Federal regulatory agencies having jurisdictional
authority over such resources. It is the express intent of the City that no net loss of jurisdictional wetlands
occur through any Development action within the City. Any impacted Wetlands on a Development site shall be
replaced elsewhere on the same site or elsewhere within the City of Atlantic Beach where replacement on-site is
not possible to achieve reasonable use of the property.
Where jurisdictional Wetlands have been damaged or degraded over time through previous Development, storm
events, improper drainage runoff or other adverse activities, but where wetland vegetation and habitat still are
predominant in quantity on a proposed Development site, all plans submitted for review or permitting shall
demonstrate a plan for mitigation, restoration, replacement, enhancement or recovery of jurisdictional wetlands
in the amount to be displaced by the proposed Development.
Sec. 24-271. Definitions.
For the purposes of this Division, the terms used herein shall have the meaning as set forth within this Division,
and also within Section 24-17 and where applicable and appropriate to the context, Chapter 23 of the Municipal
Code, entitled Protection of Trees and Native Vegetation, as well as those definitions as may be established by
applicable State or Federal law. Specific to this Division are the following terms.
Environmental Assessment shall mean a study and a written report prepared in accordance with the State of
Florida's approved methodology for wetlands determination in accordance with Section 373-421, Florida
Statutes and Section 62-340.300 of the Florida Administrative Code for verification and identification of
environmental and habitat characteristics. The Environmental Assessment shall include a delineation of on-site
wetlands and native upland habitat, as well as an identification of any protected animal species or habitat found
on the site. The City may accept an assessment prepared by a licensed environmental professional and may also
require the Applicant to obtain a formal wetland determination by the St. Johns River Water Management
District.
Intertidal zone (or littoral zone) is the area along a shore that lies between the high and low tide marks,
bridging the gap between land and water. At high tide, the intertidal zone is submerged beneath the water, and
at low tide it is exposed to air.
Isolated Wetland shall mean a Wetland area that is not part of a surface water tributary system and which is
defined by the following characteristics:
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 99
EXHIBIT A
(a) non -navigable tributaries that do not typically flow year—round or have continuous flow at least
seasonally (e.g., typically at least 3 months each year);
(b) Wetlands that are adjacent to such tributaries; and
(c) Wetlands that are adjacent to but that do not directly adjoin a relatively permanent non -navigable
tributary.
Mean High Water Line shall mean that line established by a Florida Professional Surveyor and Mapper in
accordance with Chapter 177.26, Florida Statutes, which establishes the boundary line along navigable waters
between submerged lands including the foreshore, owned by the State in its sovereign capacity, and uplands
which may be subject to private ownership.
Natural Resource Based Recreation shall mean activities, such as kayaking, canoeing, rowing, biking, hiking,
bird -watching, fishing from small non -motorized boats or the bank and similar activities that do not involve
motorized vehicles or watercraft, but that allow interaction with nature in a manner that does not damage,
disrupt of interfere with the natural setting of the resource.
Upland Buffer shall mean areas of upland surrounding a delineated jurisdictional Wetland boundary set aside
from Development. Such Buffers protect Wetlands from the impacts of adjacent land use. Wetlands serve
essential ecological functions such as reducing downstream stormwater flow, recharging ground water,
improving water quality and providing wildlife habitat. Buffers help Wetlands function by filtering storm
runoff from surrounding development, trapping sediment, absorbing nutrients, and attenuating high flows.
Buffers also provide high quality wildlife habitat areas and physically separate Wetlands and estuaries from
developed areas in order to lessen noise, light and chemical pollution and other associated disturbances by
humans. Upland buffers shall remain substantially in their undisturbed and natural state as set forth within
following Section (e) of this Division.
Sec. 24-272. Environmental Assessment and Protection of Wetlands and Environmentally
Sensitive Areas.
(a) Environmental Assessment required. The Wetlands and the Environmentally Sensitive Areas Maps (Map
A-2 and A-4) as contained within the City's Comprehensive Plan identify areas that are presumed to have
Wetlands or significant environmental features. Where a Development Permit is sought in such areas, an
Environmental Assessment of the site and the potential for impacts to the presumed resource shall be
provided by the Applicant seeking such Permit.
(b) Where the Environmental Assessment determines that natural jurisdictional Wetlands remaining on the site
have been damaged or degraded over time through previous Development, storm events, improper drainage
runoff or other adverse activities, but where Wetland vegetation and habitat are predominant in quantity on
a proposed development site, all plans submitted for review or permitting shall demonstrate a plan for
restoration, enhancement, mitigation or recovery of remaining jurisdictional Wetlands. Restated, it is the
express intent of the City that no net loss of jurisdictional wetlands occurs through any Development action
within the City.
(c) Buffers required from Wetlands. The following Upland Buffers shall be required, except for lands
adjacent to Isolated Wetlands. Upland Buffers shall be measured from the St. Johns River Water
Management District or Florida Department of Environmental Protection Wetland jurisdictional line.
(1) For Development occurring following the March 08, 2010 effective date of these amended Land
Development Regulations, a natural vegetative buffer a minimum of fifty (50) feet in width shall be
required and maintained between developed areas and the tributaries, streams, or other water bodies
connected to the Intracoastal Waterway regardless of any other regulatory agency requirement of a
lesser distance. Such portions of these tributaries, streams, or other water bodies subject to this Buffer
requirement shall be established by the presence of a Mean High Water Line for the applicable
tributary, stream or other water body.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 100
EXHIBIT A
(2) A natural vegetative buffer, which is a minimum width of twenty-five (25) feet, shall be maintained
between Development and all other jurisdictional Wetlands not described in the preceding paragraph.
In cases where the minimum twenty-five (25) foot buffer is demonstrated to be unreasonable or
impractical, an averaged twenty-five (25) foot undisturbed buffer may be provided.
(d) Exceptions to the Upland Buffer requirements.
(1) Man-made canals and stormwater facilities are not considered Wetlands, although in some cases, man-
made navigable canals connected to waters of the State are protected under these provisions or by
regulations of State or Federal agencies. Man-made canals and ponds clearly excavated in uplands are
not considered Wetlands and are exempt from the Wetland buffer regulations.
(2) Determinations of vested rights which may supersede the requirement for the 50 -foot Upland Buffer
shall be made on a case-by-case basis in accordance with the Land Development Regulations and
applicable Florida law.
(3) Single-family Lots of Record platted prior to January 01, 2002 shall be exempt from the fifty (50) foot
Wetland Buffer requirement, but shall be subject to the twenty-five (25) foot Upland Buffer
requirement as described in preceding paragraph (c)(2).
(4) Waivers from the requirement to provide and maintain an Upland Buffer may be requested in
accordance with Section 24-46(d) of this Chapter, and where such Waiver is approved, a berm or swale
to retain and filter stormwater runoff from the lot shall be created.
(5) Lots or portions of Lots where a lawfully constructed bulkhead, retaining wall, revetment, or the
placement of rip -rap was in existence prior to the enactment of these regulations shall be exempt from
these buffer requirements.
(e) Maintenance and permitted activities within Upland Buffers. To protect water quality and Wetland
functions, it is crucial to limit contamination, disturbance and clearing within Upland Buffer areas. It is the
intent of the City that required Upland Buffers shall be maintained in a substantially natural and undisturbed
state. With the exception of facilities to provide public access for the recreational use of Intracoastal related
natural resources, any disturbance or clearing of required Upland Buffers shall be in accordance with the
following provisions. Native vegetation removed or destroyed within the Upland Buffer is a violation of
this Code, and the property owner shall be responsible for the restoration of the Upland Buffer upon order
of the Code Enforcement Board.
(1) The following activities are expressly prohibited in any required Upland Buffer:
i. filling, dredging or soil compaction by heavy machinery;
ii. dumping of any kind including brush, Tree and yard waste, weeds, lawn clippings, animal or fish
waste, litter and refuse of any type.
iii. removal of healthy native Trees;
iv. clearing of any living native vegetation within the Intertidal zone, which typically includes marsh
grasses and submerged aquatic vegetation.
v. installation of sod, irrigation, non-native vegetation of any type or any type of plant materials
typically requiring the use of lawn pesticides and fertilizers or chemicals of any kind.
(2) The following activities are permitted within a required Upland Buffer subject to obtaining a buffer
alteration permit from the City.
i. Removal of invasive vegetation following documented verification by the designated
Administrative Official.
ii. Clearing of Understory Vegetation as defined by Chapter 23 of the City's Municipal Code of
Ordinances, and any such clearing shall be approved by the City and if required, the appropriate
State or Federal agency prior to any form of clearing, alteration or disturbance of the required
Upland Buffer.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 101
EXHIBIT A
iii. Minimum clearing of upland and Wetland vegetation necessary to construct a properly permitted
dock or other improvement to provide lawfully entitled access to navigable waters in accordance
with a validly issued and unexpired Permit from the City of Atlantic Beach, the Florida Department
of Environmental Protection, the St. Johns River Water Management District, and other entity
having jurisdiction.
iv. Activities for the owner or occupant's enjoyment including typical backyard outdoor furniture,
gazebos and screen structures not exceeding one hundred (100) square feet in size without electrical
or plumbing service, but not swimming pools, spas or pool houses, and provided that all other
conditions of this Section are met.
ARTICLE VI.
CONCURRENCY MANAGEMENT SYSTEM
DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM
Sec. 24-273. Purpose and Intent.
(a) The purpose of a Concurrency Management System is to provide the necessary regulatory mechanism for
evaluating Development Orders to ensure that the Level of Service standards, as set forth within the adopted
Comprehensive Plan of the City of Atlantic Beach, as may be amended, are maintained. The system
consists of three primary components: 1) an inventory of existing public facilities for which concurrency is
to be determined, 2) a concurrency assessment of each application for a final Development Order, and 3) a
schedule of improvements needed to correct any existing public facility deficiencies.
(b) The intent of this system as expressed by the Florida Legislature is to: ensure that issuance of a
Development Order is conditioned upon the availability of public facilities and services necessary to serve
new Development (Rule 9J-5.0055, F.A.C.) However, Development Orders may be conditioned such that
needed public facility improvements will be in place concurrent with the impacts of the proposed
Development.
(c) The terms Development Order and Development Permit, including any building permit, zoning permit,
subdivision approval, rezoning, special exception, variance, or other official action of the local government
having the effect of permitting the development of land, may be used interchangeably within these Land
Development Regulations and shall have the meaning as set forth in Section 24-17 of this Chapter and
within Florida Statutes.
Sec. 24-274. Administrative Responsibility.
(a) The City Manager, or the City Manager's designee, shall be responsible for the three primary tasks required
to implement the Concurrency Management System. These three tasks are:
i. maintaining an inventory of existing public facilities and capacities or deficiencies;
ii. providing advisory concurrency assessments and recommending conditions of approval to the City
Commission for those applications for Development Orders which require City Commission approval;
and
iii. reporting the status of all public facilities covered under this system to the City Commission during the
annual budget process and to the Department of Community Affairs, as may be required.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 102
EXHIBIT A
(b) The City Manager, or the City Manager's designee, shall also collect and make available to the public
information on those facilities listed in the Capital Improvements Element of the Comprehensive Plan. This
information shall be updated yearly and shall be available during the annual budget preparation process.
Sec. 24-275. Applicability.
Prior to the approval and issuance of a Development Order, all applications shall be reviewed for concurrency
consistent with the provisions and requirements of this Concurrency Management System. Development
Orders may be issued only upon a finding by the City that the public facilities addressed under the Concurrency
Management System will be available concurrent with the impacts of the Development in accordance with State
Statutes and Rules relating to concurrency.
Sec. 24-276. Projects not requiring a Concurrency Certificate
(a) Development Orders, including building permits issued for single-family and two-family residential
Development upon existing Lots of Record, and those issued solely for alteration, remodeling,
reconstruction, or restoration of residential units provided that such permits do not authorize an increase in
the number of Dwelling Units; and for non-residential uses, those permits that do not authorize an increase
in the square feet of the Development shall be deemed no impact projects and shall not require a
Concurrency Certificate. It shall be the Applicant's responsibility to demonstrate and certify this provision
in accordance with concurrency review procedures.
(b) Applications for Development Orders for projects, which are deemed to have no impact upon public
facilities and services as defined in the preceding paragraph or projects which have acquired statutory or
common law vested rights, shall not require a Concurrency Certificate. It shall be the Applicant's
responsibility to demonstrate and certify consistency with this provision in accordance with concurrency
review procedures.
Sec. 24-277. Application and review and approval requirements.
(a) The City shall provide administrative procedures to implement the Concurrency Management System. The
provisions and requirements of the Concurrency Management System shall apply only to those facilities
listed in the Capital Improvements Element of the Comprehensive Plan.
(b) All Applicants for Development Orders shall be required to provide information as deemed necessary by the
City so that the impacts of the proposed Development may be accurately assessed.
(c) Where a determination of available concurrency is made, a Concurrency Certificate shall be issued setting
forth terms and conditions of the approval. In the case that a Concurrency Certificate is revoked, denied or
expires, the capacity reserved for that project is released for use.
(d) Once a Concurrency Certificate is issued, any change in land area, Use, intensity, Density or timing and
phasing of the approved Project, which results in increased impacts to public facilities and services shall
require modification to the Concurrency Certificate in accordance with established procedures.
Sec. 24-278. Timing and completion of required public facility improvements.
In order to ensure that all public facilities included within this Concurrency Management System are available
concurrent with the impacts of Development, concurrency shall be determined during the review and approval
process as applicable for the proposed Development and prior to the issuance of a final Development Order.
All final Development Orders shall specify any needed improvements and a schedule for their implementation
consistent with the requirements of this Article. Thus, while some required improvements may not have to be
completed until a Certificate of Occupancy is applied for, the requirements for the Certificate of Occupancy, or
functional equivalent, shall have previously been established as a binding condition of approval of the original
final Development Order. If a Development proposal cannot meet the test for concurrency, then it may not
proceed under any circumstances, and no Development Orders may be issued. Likewise, if a Development fails
to meet a condition of approval once it has commenced, then no additional Development Orders, permits, or
Certificates of Occupancy shall be issued.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 103
EXHIBIT A
Sec. 24-279. Capacity and Level of Service Inventory.
The City Manager, or the City Manager's designee, shall collect and make available to the public as may be
requested, information on capital facilities as identified within the Capital Improvements Element of the
adopted Comprehensive Plan. The information shall be available during the annual budget preparation process.
The provisions and requirements of the Concurrency Management System shall apply only to those facilities as
listed within the Comprehensive Plan. The following data shall be maintained and shall be used for the purpose
of concurrency assessment of the impacts of new Development.
(a) Sanitary Sewer.
i. The design capacity of the wastewater treatment facilities.
ii. The existing Level of Service measured by the average number of gallons per day per unit based on the
average flows experienced at the treatment plant and the total number of equivalent residential units
within the service area.
iii. The adopted Level of Service standard for average daily flow per equivalent residential unit.
iv. The existing deficiencies of the system.
v. The capacities reserved for approved but unbuilt Development within the service area of the system.
vi. The projected capacities or deficiencies due to approved but unbuilt Development within the City or the
service area of the system.
vii. The improvements to be made to the facility in the current fiscal year by the City and the impact of such
improvements on the existing capacities or deficiencies.
viii.The improvements to be made to the facility in the current fiscal year by any approved Developments
pursuant to previous Development Orders and the impact of such improvements on the existing
capacities or deficiencies.
(b) Potable Water.
i. The design capacity of the City's potable water supply.
ii. The existing Level of Service measured by the average daily flow in gallons per unit based on the total
number of equivalent residential units within the service area.
iii. The adopted Level of Service standards for the potable water system.
iv. The existing capacities or deficiencies of the system.
v. The capacities reserved for approved but unbuilt Development within the City and the service areas.
vi. The improvements to be made to the facility in the current fiscal year by an approved Development
pursuant to previously issued Development Orders and the impact of such improvements on the existing
capacities or deficiencies.
vii. The improvements to be made to the facility in the current fiscal year by the City and the impact of such
improvements on the existing capacities or deficiencies.
(c) Solid Waste Disposal.
i. The design capacity of solid waste disposal facilities located in the City.
ii. The existing Level of Service measured by the amount of solid waste collected and requiring disposal
on a per capita basis.
iii. The adopted Level of Service standard for solid waste.
iv. The capacities required for approved but unbuilt Development.
v. The projected restraining capacities or deficiencies due to approved but unbuilt Development.
vi. The improvements to be made to the system in the current fiscal year by any approved Developments
pursuant to previous Development Orders and the impact of such improvements on the existing
capacities or deficiencies.
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 104
EXHIBIT A
(d) Stormwater and Drainage.
i. The existing Level of Service measured by storm events as determined by the City. The adopted Level
of Service standards for stormwater and drainage.
ii. The improvements to be made to the system in the current fiscal year by any approved Developments
pursuant to previous Development Orders and the impact of such improvements on the existing
capacities or deficiencies.
iii. The improvements to be made to the system in the current fiscal year by the City and the impact of such
improvements on the existing capacities or deficiencies.
iv. The improvements scheduled by the City as part of the continuing implementation of the City's Master
Stormwater Plan, as may be updated.
(e) Recreation and Open Space.
i. The existing supply of recreation and open space lands and the adequacy of recreational facilities as
outlined in the Recreation and Open Space Element of the Comprehensive Plan.
ii. The existing Level of Service measured by the total acreage and facilities available per the appropriate
number of residents of the City based on a current inventory of acreage and facilities in the City, or
serving the City and the population of the City.
iii. The adopted Level of Service standards for park and open space lands and the acreage and individual
recreation facilities as outlined in the Recreation and Open Space Element of the Comprehensive Plan.
iv. The existing capacities or deficiencies of the recreational facilities system with consideration given to
changing demographics and changing recreational trends.
End of Document
Initial Effective Date: January 01, 2002 ♦ Last amended: March 08, 2010 by Ordinance 90-10-212 105