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Agenda Item 8DAGENDA ITEM DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT NO, AGENDA ITEM # 8D MARCH 11, 2013 AGENDA ITEM: Review of Resolution No. 12 -04 imposing a moratorium on the sale of used automobiles within the commercial general zoning districts SUBMITTED BY: Michael Griffin, CBO, CFM Director of Building and Zoning Erika Hall, Principal Planner DATE: STRATEGIC PLAN LINK: BACKGROUND: February 27, 2013 Mayport Corridor Revitalization On March 12, 2012 the City Commission approved Resolution No. 12 -04 (attached) providing an opportunity for staff to investigate possible changes to the zoning code to limit or otherwise restrict the uses by exception for used car lots within commercial general districts, and return a recommendation. In response, staff recommends the current development review /permitting /enforcement process be engaged so that site appearance and function related to a new business are improved whenever a use -by- exception is approved by the Community Development Board (CDB) and City Commission. Specifically, all use -by- exceptions, should be approved based upon requirements relating to Section 24 -63, ingress /egress, off - street parking, adverse impacts to adjoining properties, refuse services areas, screening and buffering, and compatibility with adjacent properties. Additionally, those properties located within the areas delineated as the commercial corridor must also comply with the provisions of Section 24 -171, Commercial development standards. At the February 19, 2013 CDB meeting it was recommended by a 5 -0 vote that no revisions be made to the current list of permitted uses or uses -by exception at this time, but that staff be allowed to implement improved administrative procedures which utilize a more thorough site plan and compliance monitoring process. BUDGET: No budget impact RECOMMENDATION: Endorse the February 19, 2012 CDB recommendation to set administrative standards for use -by- exception reviews. ATTACHMENTS: Resolution 12 -04, CDB February minutes, Sec. 24- 63 Use -by- exception, Sec. 24 -111 Commercial General (CG), Sec. 24 -171 Commercial corridor development standards REVIEWED BY CITY MANAGER: AGENDA ITEM # 8D MARCH 11, 2013 RESOLUTION NO. 12 -Q4 IM 19 DU11 - Li ., ,/ l I �; �. 1 . i ''1 i11. DATE, AN EFFECTIVE WHEREAS, there currently exists a procedure in Chapter 24 of the Atlantic Beach Code of Ordinances for granting within the commercial general zoning districts a use by exception for the sale of used automobiles, and WHEREAS, 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, and WHEREAS, as such, the appropriate level of intensity for commercial general uses may be less than other communities with large commercial zones or a more diverse mixture of uses in close proximity, and WHEREAS, there has been considerable effort made by the City to improve the Mayport Road corridor which currently has four (4) used car lots in the City of Atlantic Beach and another three (3) in Jacksonville's portion of Mayport Road, and WHEREAS, the City Commission has directed City staff to investigate possible changes to the zoning code to limit or otherwise restrict uses by exception for used car lots in commercial general districts, and WHEREAS, until a final determination can be made regarding any changes to existing zoning classifications and granting of uses by exception therein, it is in the best interests of the City of Atlantic Beach and its residents and property owners to temporarily halt granting uses by exception for any used car lots in commercial general districts, which the City Commission determines to be for the public health, safety and welfare of all residents of the City. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. A moratorium is hereby imposed on the granting of uses by exception for used car lots in commercial general districts of the City of Atlantic Beach. SECTION 2. This moratorium shall continue in effect until new legislation is passed which addresses the granting of uses by exception for used car lots in commercial general districts, or until the expiration of twelve (12) months from the effective date hereof, or until rescinded by the City Commission upon a determination that the public need for such moratorium no longer exists. SECTION 3. The City shall take whatever further action may be necessary in order to implement the terms hereof AGENDA ITEM # 8D MARCH i I, 2013 SECTION 4. This moratorium shall not apply to any applications for uses by exception for used car lots in the commercial general districts which have been requested in writing on the appropriate City forms and submitted to the City prior to the effective date of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this i 2+ day of M 4,or 2012, ATTEST. Donna L. Bartle, City Clerk as to form and correctness: Jensen, Esquire Louis "Mike" Borno, Jr., Mayor Resolution No. 12 -04 Page 2 of 2 Draft A4inutes of the February 19, 2013 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 19, 2012 „ AGENDA ITEM # 8D MARCH 11, 2013 1. CALL TO ORDER. - 6 *00pm Acting Chair Kirk Hansen verified the presence of a quorum;=with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Bre ,PauI and Patrick; Stratton. The meeting was called to order at 6:00pm. Also preset ere NS Mayport 0', on and ex- officio board member Matt Schellhorn, Principal `P.lanner Erika Hall, Build dn'g;and Zoning Director Michael Griffin, and City Attorney Alan . sent City`Commissioner Maria Mark was a member of the audience. M& Hall reported.,that;member Sylvia Simmons was absent due to a vacation schedulea,;prior;_,to her appoint..m.;,ent to the board, and that member Harley Parkes was absent due to illness A. 2013 ELECTION OF OFFICERS' ?:,.• Mr. Hansen „nom;inated Brea Paul as Chair; and.M-r Burgess seconded the nomination. Mr. Elmo'”' ,nominated : Kirk Hansen, dnd with there being no second and no 1. 'It h additionaf'`no:mainationsj(Vlr. Hansencalled for a vote. The Board voted unanimously, 5 -0, to elect`N1 hPauI.,.6" 4,C.bair of tli`e'Community Development Board for calendar ;'•$ :x';:''2013 SCHEDV� I.;;;.•• I I I I " Ms. Hall provid'iWOoard" I I ;embers with a copy of the 2013 schedule of meetings, application submittal,and publig.hearing notice deadlines. There was no discussion. 2. ADOPTI6N OF MEETINQMINUTES - SEPTEMBER 18, 2012. Ms. Paul call'eclfor a motion to approve the minutes of the September 18, 2012 regular meeting. Mr`'':,`H;ansen;<;moved that minutes be approved as written. Mr. Stratton seconded the mot•ion`arid it carried by a vote of 5 -0. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. ZVAR -13- 00100043, 698 BEACH AVENUE (Emly Purcell, owner) (a) Request for a variance from provisions of Section 24457(6)(1), reducing the required front setback (east, adjacent to Beach Avenue) from 20.00' to 13.80; to replace an existing chain link fence with a 6' -high shadowbox privacy fence. Page 1 of 7 Draft hfhtutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 11, 2013 (b) Request for a variance from provisions of Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7t11 Street from 10.00' to 0.00; to construct anew 6' -high shadowbox privacy fence. Staff Ms. Hall presented a brief history of the property and an overview of Report current redevelopment activities, as also detailed in her staff report. She stated that the applicant has requested to construct a six (6) foot high shadowbox privacy fence around the entire property, and she explained that, due to the suggested locatio,n`:of two segments of the proposed fence, the applicant requires var,;iance'from two provisions of Section 24- 157. Segment "A" is pro approximately 13.81 Section 24- 157(b)( maximum height' 't variance of 6.2' is r location.:.. Ms. Hall'i`n:ote;;that previous Io'cation'of removed, was'conslde location requirements yarq:was previousiy c renovations includeel non -co forming hou's fronts'onto_Beach Ave L6 %e locate:d'.,within the required front yard, the property" Ii;f';e, This segment is subject to ch states "withi'n;'required front yards, the fence shall be four:(4). feet ". Therefore a ry to instbll the 6'- high:`1 ce in the proposed the proposed location of Segment "A" was the 4' -high chaff `,, "1(.ink fence. That chain link fence, now redto., be in compliance with both the height and with Section 24 157 because the Beach Avenue al,)sidered the street side yard. However, current re`orientationl ;-and re- addressing of the existing !;,which was constructed in 1926, such that it now t "B" is'pro'.posed to be located directly on the northern property IJacent to 7 'Street. This segment is subject to Section 24- 'jhich states for corner lots located on rights -of- -way that are )) fee'vsbr less in width, no fence, wall or landscaping exceeding feet in "height shall be allowed within ten (10) feet of any lot line buts a street ". Therefore a variance of 10' is necessary to install igh fence in the proposed location. I noted the presence of a substantial topographic depression in r yard of the subject property as the primary rationale for this variance request, explaining if the fence were constructed in accordance with Section 24- 157(c)(1), it would have an effective height of 5' or less, thus compromising the property owners' privacy in their pool and outdoor living area. She added that the sidewalk located within the southern shoulder of the 7th Street right -of -way is a high -use path to the public beach access at the eastern terminus of the street, just a block away. Applicant Todd Bosco, Bosco Building Contractors, spoke on behalf of property Cornnzeat owner Emly Purcell. He stated that privacy in the rear yard was the most Page 2 of 7 r Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 11, 2013 pressing concern, and that the depression would serve as on -site retention. Public Murray Benz (675 Beach Avenue) said she lived directly across Beach Comment Avenue from the subject property and greatly appreciated the improvements being made. She added that she understood the property owners' concern over privacy due to the inordinate amount of foot traffic along the 7th Street path during season. Board [The Board addressed part (b) of ance request out of order]. Discussion Mr. Hansen expressed concerri`t,h'at'approval of this variance would set a precedent, to which Mr. Elmore responded that the nature of the subject property — the shape;aid:•topography`'of.the parcel, the age and non- conformity of the structure, the proximity,to: the street — resulted in a unique set of circumstances unlikely to be matched by future applicants. Because the variancesa.re reviewed, on a case -by; =case basis, he did not feel this was precedent - setting. 19d% VIRI Mr. Stratton#aaid,- he believed ;the, property satisfied the conditions for a ;1. variance, **.'8- it`` %`met the first '`condition under grounds for approval (exceptional'topographa, conditions) .. Mr. Hansen agreed. th:. Mr Elmore noted that the Intersection of Ocean Boulevard and 7 Street is &N traffic area; .he would encourage landscaping outside the fence It soften the starkness of the proposed 6' -high privacy fence. Mr. Stratton •,'.agreed he M "bl,d like to see plantings to soften impact of the I'll ;fence 'JAVI. but IVIs:3;Pau) reminded that if the fence were located directly on the property line, arty landscaping would occur within the public right -of- way.., She cautioned; to at such landscaping could easily interfere with '`;;;;'';",,*passage' "along the sidewalk in the adjacent right -of -way. Board members discussed possible approval of a lesser variance - nine (9) feet iistead of the requested ten (10) feet — noting offset could be used to,=a'ccommodate landscaping. Mr. Elmore asked if that would be g4rn' ble to the property owner. Ms. Purcell approached the podium b'.Yla'fC:X an'd "explained to the Board that she had spent over two million dollars improving the property, and it should be evident that the fence would be nicely done. Mr. Burgess asked Ms. Purcell if a reduced variance of nine (9) feet would be amenable, to which she replied she would prefer ten (10) feet, but it was entirely the Board's decision. Mr. Stratton then inquired as to the steepness of the slope and how close it was to the property line. Ms. Hall responded that the depression was at least one (1) foot and possibly more, and that there was a rapid drop - off to the south of the property line. Mr. Bosco reiterated the existing topographic depression was to be utilized to meet storm water Page 3 of 7 tDraft Minutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 1 I, 2013 detention /retention facility requirements, and therefore could not be filled. Motion Mr. Hansen moved that the Community Development Board approve ZVAR- 13- 00100043(b), request for a variance from Section 24- 157(c)(1), reducing the required street side setback (north, adjacent to 7th Street) from 10.00' to 0.00', to construct a new 6' -high shadowbox privacy fence, finding that the subject property, which is a corner lot surrounded by streets on three sides, is impacted bar. aytopographic variation that lessens the property owners' ability .,16"3screen and maintain privacy in accordance with Section 24 -15 wt. thin the rear and side yards adjacent to 7th Street. Mr. Stratton;",,.; >seco:n ;ded the motion and it passed unanimously, 5 -0. Board [The Board next addeessed part (a) of the variance request.] Discussion Mr. Elmore stated 'U a -,.. in cor supported approval of`ava.rian >s11 differenti AGENDA ITEM # 8D Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 2013 Johns County. Board Mr. Stratton asked what was driving the request, to which Mr. Griffin Discussion responded that there had been a code enforcement action against a commercial establishment for flying a non -US flag. Mr. Stratton replied that he felt anyone should be able to fly a national flag. Mr. Elmore agreed, so long as the flag was flown on private property in residential areas; however, in non - residential areas, such a flag could be perceived as advertising. Mr. Stratton repeated and;,iaskedfor confirmation, that according to current interpretation, the`'commercia;l• establishment owner would have been allowed to fly an, ri erican flag and;;would not have been cited, but because he flew ,, a ,';;,'icon- American nat o'r aL. flag, he was cited for advertising. Mr Stratton then asked what if th.d ,intention of the flag was merely patriotism tor'country of origin. Mr. Burgess;•stated that he`' fly a natid,'n ; flag other tha Hansen n''o ed"thatnational an establishment o`r'ardducl ivfr;,3urgess state have;:at- least onE agreedbut said discussib. regard ugly in favor of anyone being able to flag, and Mr. Stratton concurred. Mr. re, often integral to the recognition of he t_ ou'g6f:,:'busines'S »'owners should be allowed to dd fiW al flag••:. =; in addition to a US flag. Ms. Paul '"would like a maximum size defined. Further ' the appropriate number and size of flags to be moved`that:the Community Development Board recommend 1.0mmission revision of Chapter 17 provisions regarding flags, e :..ji) flag in addition to the already permitted US flag, with a ze;of twenty -four (24) square feet. Mr. Burgess seconded the it carried unanimously, 5 -0. took a two- minute break from 7:12pm to 7:14pm, at the 4r. Stratton.) C. REV 2013 -02 Review of use -by- exception for used car lots in Commercial General zoning districts, particularly within the Mayport Corridor Staff Mr. Griffin reminded the Board that last spring the City Commission had Report placed a moratorium on used car lots in the Commercial General (CG) zoning district in order to give staff time to evaluate the permitted uses, uses -by- exception and application review procedures, in order to make recommendations as to improvements. That moratorium is due to expire on March 12, 2013. Page 5 of 7 Y Draft Afi'nutes of the February 19, 2013 regular meeting of the Community Development Board AGENDA ITEM # 8D MARCH 11, 2013 Mr. Griffin reported that staff has been working to improve administrative procedures to ensure better compliance with zoning regulations as well as specific conditions placed upon granted uses -by- exception. He explained that all such uses shall be monitored to ensure continued compliance with all requirements related to ingress /egress, off - street parking, refuse service areas, screening and buffering, as well as adverse impacts to and compatibility with adjacent properties. Additionally, those properties located within the areas delineated as the commercial corridor must also comply with the commercial corridor development standards. Mr. Griffin asked the Board" .":T" *" a recommendation to the City Commission as to whether: `'or no'f'`:they felt these measures would sufficiently of address tfe;ssue used'`car; lots and other automotive- related uses within =:fwommercial GeneraMae along Mayport Road. Board Mr. Elmore stated th'at:_he, believes Discussion a means to ensure 1,41 co npliar+ develop `f on the a`pf should re I t4 approval b (Vlr ?`Griffin wou Com to t rm D. REV 2013'-03.;'-, - Review of proposed revisions to City Code Chapter S Floodplain Management Ordinance as required by the State of Florida for adoption as part of the 2010 Florida Building Code. Staff Mr. Griffin explained that floodplain management regulations consistent Report with the National Flood Insurance Program (NFIP) are considered either technical or administrative. The technical provisions were incorporated into the 2010 Florida Building Code (FBC) which was adopted on March 15, 2012, while the administrative provisions must be adopted by local governments and incorporated into municipal codes. The Federal Emergency Management Agency (FEMA) has established June 3, 2013 as the date by which Atlantic Beach must adopt said administrative provisions. That is also the date on which the new flood maps will be regulations, `a'nci,a'I, ah,as needed. -He' mertd ;;complete ci e Citv`Co mission. t resui on, wh e use- by- exeepton process provides •`:'with existmg:.,;zoning and land s additional conditions to be placed phasized that he believes the Board )I.iance within 90 -120 days of final ed..tkaatfa'ilure: >,to comply within the specified time ';:::cd'de,` enforcement action, but a return to the City 'co'uld then act to amend or revoke an approved use- 3nsen mb'"V - :that the Community Development Board recommend :;:City Commission no revisions be made to the current list of tted :;uses or uses -by- exception at this time, but that staff be �d to1 element improved administrative procedures which utilize thorouglfsite plan review and compliance monitoring. Mr. Elmore ded the motion and it carried unanimously, 5 -0. Page 6 of 7 AGENDA ITEM # 8D Draft Minutes of the February 19, 2013 regular meeting of the Community Development Board MARCH 11, 2013 5. 6. adopted. Mr. Griffin said the proposed ordinance is a boilerplate which has been reviewed and approved by the State of Florida Division of Emergency Management. Further, he has reviewed the draft and modified it for consistency with the Atlantic Beach municipal code. He asked the Board to review the draft and make a recommendation to the City Commission to adopt. Board Mr. Elmore asked if the ordinance:r' any way limited local government's Discussion authority. Mr. Griffin replied that�t'did not. He explained that floodplain management is a federal programA ;terms of oversight; however, states have the authority to designate admn.jstrative duties. Motion Mr. Elmore moved.,,.] &' atie Community Development Board recommend adoption of the proposed revisions to City "Cade Chapter 8 Floodplain Management Ordin`a "r;ce,as required, by the Stat`eof;.Florida, finding that the provisions are consistent with;the:`goals, objectivesa,nd policies of the 2020 Comprehensive Plan; `as adopted; the purpose and intent of Chapter`',, 24 � Land Development Regulations, of the Atlantic Beach Municipal Code; ;as, adopted, an:d:the 2010 Florida Building Code, as adopted lMBurgess seconded the motion and it carried unanimously, Page 7 of 7 AGENDA ITEM # 8D MARCH 11, 2013 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 [subsection] (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 [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (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). AGENDA ITEM # 8D MARCH 11, 2013 (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. 01) 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 (1) 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. (fl 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 tirne 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 three hundred sixty -five (365) days from the date of said denial. (i) 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. (Ord, No. 90 -10 -2'12, § 2(Exh. A), 3 -8 -10) AGENDA ITEM # 8D MARCH 11, 2013 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 subsection (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. AGENDA ITEM # 8D MARCH 11, 2013 (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 - premises consumption. (8) On- premises 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 onsite 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 [Number] 90 -06 -197, adopted 12- 11 -06). (10) Theaters, but not a multi- screen (exceeding two (2) 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(b). 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 subsection (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- premises consumption of alcoholic beverages in accordance with cha tp er 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) AGENDA ITEM # 8D MARCH 11, 2013 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 (1) 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 Section 847.001(2), Florida Statutes. (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 sixty thousand (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 AAA 1— Appropriate land use patterns). (2) The city shall encourage future development and redevelopment, which 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). AGENDA ITEM # 8D MARCH 11, 2013 (e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be: (1) Lot or site area: Five thousand (5,000) 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 (70) percent 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. (3) Parking. Off - street parking shall be provided in accordance with section 24 =1 G1_ of this chapter. Where existing uses, which do not provide the required number of off - street parking spaces as set forth within subsection 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. (Ord. No. 90 -10 -212, § 2(Exh. A), 3 -3 -10) AGENDA ITEM # 8D MARCH 11, 2013 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 rights -of -way 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 -faced 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. (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, AGENDA ITEM # 8D MARCH 11, 2013 (1) A ten -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 -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. (Ord. No. 90 -10 -212, S 2(Exh, A), 3 -8 -10)