Ordinance No. 90-17-228 vORDINANCE 90-17-228
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, ESTABLISHING THE MAYPORT BUSINESS
OVERLAY DISTRICT; AMENDING CHAPTER 24,
ARTICLE III, DIVISION 7, TO ADD NEW SECTION 24-175,
MAYPORT BUSINESS OVERLAY DISTRICT; PROVIDING
FOR A LIST OF PERMITTED USES, USES BY EXCEPTION
AND DEVELOPMENT STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach recognizes and supports the need for economic
development along the Mayport Road corridor; and
WHEREAS, the City of Atlantic Beach desires to promote the use, development and
redevelopment of commercial and light industrial properties along the Mayport Road corridor
through the establishment of an overlay district in the area and modification and expansion of
permitted uses and use -by -exceptions;
WHEREAS, the City of Atlantic Beach recognizes a need for buffers and screening of and
between certain uses; and
WHEREAS, establishing the Mayport Business Overlay District is in the best interest of
the City of Atlantic Beach.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Establishment of New Overlay District. There is hereby established the
Mayport Business Overlay District, as a new overlay district within the City of Atlantic Beach.
SECTION 2. Regulation Added. The Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended by adding a new section to be numbered Section 24-175, which shall
read as follows:
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Sec. 24-175. — Mayport Business Overlay District.
(a) Purpose and intent. The purpose and intent of the Mayport Business Overlay District is to
encourage economic development by providing for a mix of uses in the commercial and light
industrial zoned properties located within the Mayport Business Overlay District.
(b) Applicability. The Mayport Business Overlay District provisions set forth within this section
shall apply to all use, development and redevelopment of certain Commercial Limited ("CU),
Commercial General ("CG") and Light Industrial and Warehouse ("LIW") zoned properties
located within the boundaries of the Mayport Business Overlay District, as more particularly
shown on Map A, attached hereto and made a part hereof and described as follows:
Atlantic Boulevard between Mayport Road and the southerly extension of Main Street on the
south;
Main Street, including the southerly extension to Atlantic Boulevard and North Main Street
on the west;
Dutton Island Road West between North Main Street and Mayport Road on the north; and
Mayport Road between Atlantic Boulevard and Dutton Island Road West on the east,
including those properties with frontage on Mayport Road on the east side of Mayport Road
and north of North Forrestal Circle.
(c) Permitted uses. The permitted uses on properties zoned CL, CG and LIW which are included
within the Mayport Business Overlay District shall include those uses enumerated in the
property's respective zoning district or districts, as well as any of the following uses:
(1) Services establishments where a service is provided on-site, such as restaurants, banks,
barbers, tailors, gyms, printers, fine arts school, on-site repairmen, minor automotive
repair, and child care centers.
(2) Retail sales of goods such as food, pharmaceuticals, clothing, jewelry, toys, books,
flowers, art, home furnishings, home appliances, automotive parts, nursery plants, beer
and wine only for off -premises consumption.
(3) Professional and business offices such as doctors, lawyers, architects, and real estate
brokers.
(4) On -premises consumption of beer and wine in conjunction with a restaurant, where at
least fifty one (5 1) percent of sales are from food and non-alcoholic beverages.
(5) Other than breweries or distilleries, wholesale operations in conjunction with on -
premises retail sales, where at least fifty one (5 1) percent of sales are from on -premises
retail sales.
(6) Craftsmen and artist operations in conjunction with on -premises retail and service
establishments, such as furniture repair with woodworking, artists' studios with retail
sales, surfboard repair with surfboard production, metal welding with decorative iron
works and tap room with brewery or distillery, provided the gross enclosed square
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footage does not exceed two thousand five hundred (2,500) and that all such operations
take place within enclosed buildings.
(7) Contractors where work is performed off-site, such as plumbing, electrical, heating and
air conditioning, lawn care, and pest control.
(8) Hotels, motels, resorts, and short-term rentals as defined in Section 24-17.
(9) Non -amplified live entertainment performed within an enclosed building, not including
adult entertainment establishments as defined by Section 847.001(2), Florida Statutes.
(10) Civic centers such as libraries, museums and cultural centers.
(11) Religious institutions in accordance with Section 24-153.
(12) Mixed use projects combining the uses above, and/or those permitted by right by the
zoning district as applicable.
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
(d) Uses -by -exception. The use -by -exception uses on properties zoned CL, CG and LIW which
are included within the Mayport Business Overlay District shall include those uses
enumerated as uses -by -exception in the property's respective zoning district or districts, as
well as any of the following uses:
(1) Veterinary clinics, pet grooming, pet day cares, and pet kennels including those for the
overnight boarding of animals.
(2) Hospitals.
(3) On -premises consumption of alcoholic beverages, other than restaurants with on -
premises consumption and tap rooms as described in Section 24-175(c)(4 and 6)
respectively.
(4) Retail sale of gasoline, diesel, propane, hydrogen, electricity for battery charging or
other fuels intended for use in motors.
(5) Sale of new and used automobiles, motorcycles, boats and street legal electric vehicles,
and automotive leasing establishments.
(6) Drive-through facilities including those in association with restaurants, banks, retail
establishments, pharmacies and ice vending machines.
(7) Mixed use projects combining the uses above, as approved, and/or those in Section (c)
above as well as those permitted by right or use -by -exception by the zoning district as
applicable.
(8) Craftsmen and artist operations in conjunction with on -premises retail and service
establishments, such as furniture repair with woodworking, artists' studios with retail
sales, surfboard repair with surfboard production, metal welding with decorative iron
works and tap room with brewery or distillery, provided that all such operations take
place within enclosed buildings, if the gross enclosed square footage exceeds two
thousand five hundred (2,500).
In the event of a conflict between the uses authorized by a respective zoning district and in
this subsection, the least restrictive regulation shall be applicable.
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(e) Commercial vehicle regulations. Commercial vehicles parked on CL, CG or LIW properties
with a Local Business Tax Receipt and which are included within the Mayport Business
Overlay District are permitted, provided that they are parked within the confines of a property
on a stabilized surface such as asphalt, concrete or pavers and are properly registered.
Commercial vehicles shall include all cars, trucks, vans, trailers and other vehicles authorized
to operate on public streets.
(f) Outside storage regulations. The following provisions regarding fencing and landscaping
shall be applicable to the use, development and redevelopment of CL, CG or LIW zoned
properties which are included within the Mayport Business Overlay District, in addition to
other fencing and landscaping regulations contained within the City's Code of Ordinances;
provided, however, that, in the event of a conflict between the express provisions below and
any other fencing or landscaping regulations, the express provisions below shall apply.
For property with a Local Business Tax Receipt where outside storage of equipment, trailers,
materials, products not intended for immediate sale as permitted elsewhere in the Code, or
other similar items occurs in side and rear yards (only other than properly registered, as
applicable, commercial vehicles in accordance with Section (e) above):
All such outside storage shall be screened from view with fencing and landscaping so that no
significant portion is visible from the street or adjoining properties in accordance with the
following provisions:
1. Fencing shall be made of wood, vinyl or masonry, except that exposed plain concrete block
shall not be permitted.
2. Fencing shall be at least eighty-five (85) percent opaque.
3. Fencing height and location shall be as follows:
a. Six (6) feet tall in any side yard adjoining a street and located at least ten (10) feet from
the property line.
b. Six (6) feet tall in side yards not adjoining a street and rear yards, except where
permitted to be taller by this chapter, and located on the property line.
4. Landscaping with proper irrigation shall be required in the area between property lines and
fencing in side yards which adjoin a street on corner lots as follows:
a. A continuous line of shrubs no taller than three (3) feet, provided clear sightlines exist
at intersections and driveways in accordance with Chapter 19; and
b. At least one (1) tree found in the City of Atlantic Beach Recommended Tree List in
Chapter 23 of the Code of Ordinances for every twenty-five (25) linear feet of street
frontage excluding driveways. The trees may be clustered, but shall be no more than
fifty (50) feet apart. Fifty (50) percent of all trees shall be shade trees. Palms may be
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substituted for the required trees at a ratio of two (2) palms for each required tree or
four (4) palms for each required shade tree.
5. All fencing and landscaping improvements on corner lots shall meet the sight -line
provisions contained in Chapter 19, as may be amended, of the City's Code of Ordinances.
(g) Effect of other Code Provisions. Except as expressly modified by the provisions of this
section, all other provisions of Sections 24-110, 24-111 and 24-112, as may be amended, of
the City's Code of Ordinances, as well as other applicable provisions in the City's Code of
Ordinances, shall remain valid and in full force and effect as to the use, development and
redevelopment of all CL, CG and LIW zoned properties within the Mayport Business Overlay
District.
SECTION 3. Conflict. All ordinances previously adopted by the City in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase or
provision of this ordinance is 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 be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 25th day of September, 2017.
PASSED by the City Commission on second reading this 9th day of October, 2017.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
ATTEST:
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4ez✓Yla V.&t&
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Bre6�R.-6�r-de Attorney
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