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Item 8B AGENDA ITEM #8B APRIL 24, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Atlantic Beach City Ordinance, Short Term Rentals, C ter 24, Sec 24-82 SUBMITTED BY: Alexander J. Sherrer, Code Enforcement Officer ~~.~ DATE: April 14, 2006 BACKGROUND: Atlantic Beach City Code, Chapter 24: Short Term Rentals are becoming more and more of a nuisance in Atlantic Beach, causing continual disruptions to the harmony of our family oriented city. While it has always been against '"" City Code to rent a residential property for less then 90 days, it has only been addressed in the City Code by definition. This has proven to be an argumentative point when explaining to a property owner or management ~" company that their investment property cannot be rentedJleased by the day or week. The recommended changes to Chapter 24 definitions and Sec 24-82 were researched and drafted by the City Attorney for purpose of amending ~'"" the existing code. This amendment not only will clarify the existing code but also prohibits the advertising of any residential property within the City of Atlantic Beach as ashort-term rental. ~. Furthermore it is the recommendation of the City's Code Enforcement Officer that this amendment be adopted to clarify the City Code by definitely '~" spelling out for anyone that reads it, that residential properties in Atlantic Beach are not to be confused with the local Mote16. BUDGET: RECOMMENDATION: N/A City Ordinance, Chapter 24 definitions and Sec 24-82 amendment be approved. ATTACHMENTS: REVIEWED BY CITY City Ordinance, Chapter 24: definitions page 1424 and Sec 24-82. AGENDA ITEM #SB APRIL 24, 2006 ORDINANCE NO. -06- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING, SUBDIVISIONAND LAND DEVELOPMENT REGULATIONS, ARTICLE II, LANGUAGE AND DEFINITIONS, SEC. 24-17, DEFINITIONS, BY ADDING A NEW DEFINITION OF SHORT TERM RENTALS; AND FURTHER AMENDING ARTICLE III, ZONING REGULATIONS, DIV. 4, GENERAL PROVISIONS AND EXCEPTIONS, BY ADDING A NEW SUBSECTION (1) UNDER SEC. 24-82, GENERAL RESTRICTIONS UPONLAND, BUILDINGS AND STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: "' SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new definition of short term rentals to Sec. 24-17, Definitions, which shall read as follows: "Short term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days." SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new subsection to Sec. 24-$2, General restrictions upon land buildings and structures, to be lettered subsection (1), which subsection shall read as follows: "(1) Short term rentals prohibited Private homes, including but not limited to single family homes townhomes duplexes condominiums, and the like, ~„ shall not be rented or leased for a term or period of less than ninety (90) days. No one shall offer or advertise a private home for rent or lease for a term or period of less than ninety (90~davs" SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006, .. ,~ PASSED by the City Commission on second and final reading this +~• , 2006. ATTEST: Donna L. Bussey, City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ~. ~. ~. ~. ,~. AGENDA ITEM #SB APRIL 24, 2006 day of Donald M. Wolfson, Mayor AGENDA ITEM #8B APRIL 24, ?006 24-17 ATLANTIC BEACH CODE 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 then ninety 90 da s. Site plan shall mean the surveys, maps or drawings 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. See figure 3. GRAPHIC LINK: Figure 3 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 wom, badges, and similar personal gear. Signs 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. 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. 1424 «.. a. ~. AGENDA ITEM #8B APRIL 24, 2006 Sec. 24-82. General restrictions upon land, buildings and structures. (a) Use. No building or 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. (b) Number of buildings allowed on asingle-family ortwo-family (duplex) lot. The total number of buildings on any lot zoned only for single-family ortwo-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, 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 fifty (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 provide a greater density than is 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 (1) 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. AGENDA ITEM #8B APRIL 24, 2006 (h) Duplicates or externally similar dwellings. Construction of single-family ortwo-family ~,. dwellings that are duplicates of another single-family ortwo-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. (2) Exterior finish materials, excluding paint color. (3) Window sizes and shape. (4) Main entry door style and location. (5) Number of stories. (6) Attached/detached garage. ~'"' (7) Front or side entrance garage (if attached). (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. (4) Apartment dwelling unit: ~. a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet of enclosed living area. ~,. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet of enclosed living area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet of enclosed living area. ""' d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet of enclosed living area. *^ e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet of enclosed living area. AGENDA ITEM #3B APRIL 2d, 2006 f. 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. (I) Short term rentals prohibited. Private homes, including but not limited to single family homes, townhomes, duplexes, condominiums, and the like, shall not be rented or leased for a term or period of less than ninety (90) days. No one shall offer or advertise a private home for rent or lease for a term or period of less than ninety (90) days"