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.
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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,
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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
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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
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a.
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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:
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a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480)
square feet of enclosed living area.
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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"