Ordinance No. 90-19-238ORDINANCE NO. 90-19-238
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING VARIOUS PROVISIONS RELATED TO
MAXIMUM IMPERVIOUS SURFACE LOT COVERAGE,
STORMWATER AND DRAINAGE MANAGEMENT
REQUIREMENTS AND APPROVAL PROCEDURES IN
CHAPTER 24, LAND DEVELOPMENT REGULATIONS;
AMENDING SECTIONS: 24-17, DEFINITIONS; 24-64,
VARIANCES; 24-66, STORMWATER, DRAINAGE,
STORAGE AND TREATMENT REQUIREMENTS; 24-104,
RESIDENTIAL SINGLE -FAMILY -LARGE LOT; 24-105,
RESIDENTIAL, SINGLE-FAMILY; 24-106, RESIDENTIAL,
SINGLE-FAMILY; 24-107, RESIDENTIAL GENERAL,
TWO-FAMILY; 24-108, RESIDENTIAL GENERAL, MULTI-
FAMILY; 24-115, RESIDENTIAL, SELVA MARINA;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate and proprietary powers to enable
municipalities to conduct municipal government, perform municipal functions and render
municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act",
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to
enact ordinances in further thereof, and
WHEREAS, the 2018 update of the City's Stormwater Master Plan recommended over
$18 million worth of capital improvement projects designed to reduce neighborhood level
flooding resulting from a 25 -year frequency storm event; and
WHEREAS, the 2018 update of the City's Stormwater Master Plan included the
technical memo, Impervious Surface Drainage Impact Analysis, where it was found that surface
flooding will occur more frequently and at greater depths as impervious surface coverage
increases; and
WHEREAS, the City Commission finds that this Ordinance shall provide for orderly
growth; encourage the appropriate use of land; protect and conserve the value of property;
prevent the overcrowding of land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public; and implement the goals
and objectives of the Comprehensive Plan; and
WHEREAS, the City Commission desires to develop and maintain Land Development
Regulations that are free of conflict, and easily read and administered; and
WHEREAS, implementation of this Ordinance is in the best interest of the citizens of the
City of Atlantic Beach; and
WHEREAS, public hearings were held by the Community Development Board and
the City Commission after proper public notice in accordance with Section 24-51 of the City
of Atlantic Beach Code of Ordinances; and
WHEREAS, the City Commission reviewed this Ordinance at two separate public
hearings where it considered comments from staff and the public, and found the Ordinance to
be consistent with the City's Comprehensive Plan and now desires to enact this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. Section 24-17 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
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 (2) 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. The
water surface area of swimming pools shall be calculated as fifty (50) percent
impervious surface. Swimming pools shall not be considered
surfaees beea-use of theif ability to fetain additional rainwater, however, deeking
Surfaees us' v. OF OfhRf Simi]A paving systems shall
realoulated as Ifift., k- -.1
natural pereolation of water shall be installed beneath sueh material. Open grid
paver -s must be installed on a sand base, without liner, in order to be eonsider-ed
fifty (`�Perce efyious. Solid sur aee-pavers (o b ek or b ek
pavers as opposed to open grid pavers) do not qualify for any reduetion i.
impervious afea, i!egardless of type of base matefial used. Unless othei!wise an
speeitieally provided for in these land development regulations, or within anothe
ardinanee, or by other offieial aetion establishing specific impervious surfaee
F1
SECTION 2. Regulation Amended. Section 24-64 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
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 E)r- impervietis suff eearea as
established for the various zoning districts. Further, a variance shall not modify
the permitted uses or any use terms of a property.
SECTION 3. Regulation Amended. Section 24-66 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
(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 onsite 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
signed and sealed prep by a licensed Florida surveyor-,--a�e
requirement, for either of both stirveys may be waived by the dir-eetor of p
works if detefmined to be tmneeessary.
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.
(b) Onsite storage. T4i€-Except as provided herein, an applicant shall be required
to provide onsite storage of stormwater eh that4hefe-zs- o--Hiefe-ase-in-the
rate or ..,,'ume of flow to offsite; from for all development and redevelopment
rp •ojectI developed or redeveloped�', and for any addition or
modification that increases the impervious surface area on a developed lot by
more than to (1 0) r „+or- f of r,,,ra,•ed two hundred fifty (498250) SF
square feet. whie-heveTis smaller- anal --Any modification or replacement of
driveway and sidewalk areas only on a developed lot shall not require onsite
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storage improvements provided the modification or replacement does not alter
the footprint of the existing driveway or sidewalk area. Applicants shall
provide documentations and calculations to demonstrate compliance with
submittal of applications for construction. Development projects previously
permitted by the St. Johns River Water Management District (SJRWMD),
which have an in -compliance existing retention or detention system that
collects and controls runoff-, stormwater as of [insert effective date of
ordinance here] are exempt from further onsite storage requirements;
provided, however, a copy of the Engineer's Certification of As -Built
Construction to the SJRWMD must be submitted to the city before i�
building permits for individual lot construction may begin -be issued. The
requirement foi! onsite stotuge may be waived by the direetor- of p4lie works
if storage -is detefmined-tobe uameee-ssar-y of unattainable. if When onsite
storage is required for any new development or redevelopment, or any
addition or modification, 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 and approved by 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 i!ed lined as -built plans and construction photographs, will be sufficient
to document proper construction. In addition a declaration of restrictive
covenant, in recordable form and approved by the city, identifying and
describing the required on-site storage improvements to be maintained, shall
be executed and recorded in the public records of Duval County, Florida, by
the owner of the subject parcel and shall be binding on successors and assigns,
prior to permit closeout or issuance of a certificate of occupancy.
Volume calculations for lots any projects that require onsite storage shoul
shall be based on the dif-erence it Funoff volume- genefted by the nem
m,area ("delta ol,,me"� n ul be Ealeulated b3�following
rnilatinn•
nlr
V = CAR/ 12, where
V = volume of storage in cubic feet,
A = af ea of the lot in square k et total impervious area,
R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area,
and
C = runoff coefficient, which is 0.6 for the fifty icm ,.eFeert „-,,,l;,-,,,,,,-,
irrrpErv%9uirA3s0.4 for -twenty -rry(25)-TPE�p€r`ivcriESs-,mia
0.2 f ,• ze o (m r o„t ; s 0.92 which is the difference
between impervious area (C=1.0) and undeveloped conditions
(C=0.08)•
This d Ota -volume (post N' minus per V in eubie feet) must be stored at least
one (1) foot above the wet season water table and below the overflow point to
offsite (in many cases this may be the adjacent road elevation). As an option,
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and as approved by the director of public works, the aw7ne,. of the par-eel+ �o
developed or ,-edevelope an aflplicant may implement, at the applicant's cost,
offsite storage and necessary conveyance to control existing flood stages
offsite, provided documentation showing appropriate authorization for the off-
site use and meetingthe he requests of this section is submitted and approved by
the city.
(c) Floodplain storage. There shall be no net loss of storage for areas in the -a
Special Flood Hazard Area (100 -year floodplain), where a flood -PI -am base
flood elevation has been defined by eithe the Federal Emergency
Management Agency (FEMA) on flood insurance rate maps (FIRMs)—,-the
15Stermwater Master Plan, the Gore City r ojeet, or the 2nm oton +
zvv-c zo�����ar@r
Master- Ula,-. Update (e.g., Hopkins Gree. Site grading shall create storage
onsite to mitigate for filling of volume onsite. 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) Storrnwater 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 runoff 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 (%2) inch of runoff pursuant to Chapter 62-25330, 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 onsite storage requirement in item d(2) [subsection
(b)] of this section.
(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 St. Johns River wWater mManagement
dDistrict 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 (1) 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) Enforcernent. Subsequent to approval of a property owner's final grading,
including onsite and/or floodplain storage and stormwater treatment and
closeout of the applicable permit or issuance of certificates of occupancy, the
improvements shall be maintained by the property owner. In order to ensure
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compliance with the provisions of this section and the requirements to
maintain onsite stormwater improvements over time, the City is authorized to
conduct inspections of property, upon reasonable notice and at reasonable
times, for the purpose of inspecting_ said property and/or onsite storage
improvements for compliance with this section and with anygpplicable
conditions of previously issued permits. 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 one hundred (100) percent of said costs to
cover the city's administrative expenses, shall be charged to the then owner of
the property.
(g) APnor- i Variances to impervious surface area limits. The direeio ^�
publie wor4s shall ha -,,,e the authority to waive- the impervious sur-faee- area up
to five (5) peivent of the established limit upon demonstration by the propeAy
owner- of applieant that preeeding stoFmwater standards shall be maintained
and upon showing of good cause and meed or the ineivased
surfaee afea w-hieh shall be based upon the inability to meet limits due to sid-e
upon the total square footage of lot afe-a and the square footage of the allowed
. . sur-faeo area. Fef example, on a seven thousand five hundred
(7,500) square foot lot, the allowed impervious sur-faee afea is th+-ee thousan
seven hundred fifty (3,750) squafe feet, and the maximum impervious si faee
afea permitted to be waived in aeeor-dance with this provision is one hundred
eight), seven and e half(Q—���square e Variances to impervious
surface limits shall be subject to the provisions in Section 24-64. Impervious
surface requirements shall not be eligible for relief via waivers from the city
commission.
SECTION 4. Regulation Amended. Section 24-104 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
(f) Building restrictions. Additional building restrictions within the RS -L zoning
district shall be:
(1) Maximum impervious surface: F-ifty-Foit-five (2-0-45) percent; provided,
however. where lawfully existing structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the tire -existing impervious surface percentaee, provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 5. Regulation Amended. Section 24-105 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
(f) Building restrictions. Building restrictions within the RS -1 zoning district
shall be:
(1) Maximum impervious surface: Fi4y-Fort -five (50-45) percent; provided,
however, where lawfully existing structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the pre-existing impervious surface percentage, provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 6. Regulation Amended. Section 24-106 of the Code of Ordinances of the City
of Atlantic Beach, Florida, is hereby amended to read as follows:
(f) Building restrictions. Building restrictions within the RS -2 zoning district
shall be:
(1) Maximum impervious surface: Fifty -Forty-five (50-45) percent; provided,
however. where lawfully existing structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the pre-existing impervious surface percentaue. provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 7. Regulation Amended. Section 24-107 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
(f) Building restrictions. The building restrictions for the RG zoning district shall
be:
(1) Maximum impervious surface: Fiery-Forty(5045) percent; provided,
however. where lawfullv existina structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the pre-existing impervious surface percentai2e. provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 8. Regulation Amended. Section 24-108 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
(f) Building restrictions. The building restrictions for the RG -M zoning district
shall be as follows:
(1) Maximum impervious surface: Fifty -Forty-five (50-45) percentprovided,
however. where lawfully existinsa structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the pre-existinL, impervious surface percentage. provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 9. Regulation Amended. Section 24-115 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
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(g) Building restrictions. The following building restrictions shall apply within
the R- SM zoning district:
(1) Maximum impervious surface: Fifty Forty-five (�45) percent;�rovided,
however, where lawfully existing structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not
exceed the pre-existing impervious surface percentage, provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirty-five (35) feet.
SECTION 10. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
Ordinance are repealed to the extent inconsistent herewith.
SECTION 11. Severability. If a Court of competent jurisdiction at any time finds any
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision
shall be deemed severable and removed from the remaining provisions of this Ordinance which
shall remain in full force and intact.
SECTION 12. Effective Date. This ordinance shall take effect upon final reading and
approval.
PASSED by the City Commission on first reading this I i 'day of Pre bra U41
2019.
PASSED by the City Commission on second and final reading this 7-5 4
` day of
Fe -b r uA- r , 2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Bre`�na . Dur ity Attorney