Ordinance No. 90-19-238 - legislative version 2.13.19ORDINANCE 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 propert y;
prevent the overcrowding of land; promote, protect and improve the health, safety, comfort,
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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 PE OPLE 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 hereb y 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, swimming pools, 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.
Swimming pools shall not be considered as impervious surfaces because of their
ability to retain additional rainwater, however, decking around a pool may be
considered impervious depending upon materials used. Surfaces using pervious
concrete or other similar open grid paving systems shall be calculated as fifty (50)
percent impervious surface, provided that no barrier to natural percolation of
water shall be installed beneath such material. Open grid pavers must be installed
on a sand base, without liner, in order to be considered fifty (50) percent
impervious. Solid surface pavers (e.g., brick or brick appearing pavers as opposed
to open grid pavers) do not qualify for any reduction in impervious area,
regardless of type of base material used. Unless otherwise and specifically
provided for in these land development regulations, or within another ordinance,
or by other official action establishing specific impervious surface limits for a
particular lot or development project, the fifty (50) percent impervious surface
limit shall be the maximum impervious surface limit for all new residential
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development and redevelopment. In such cases where a previously and lawfully
developed project exceeds the limit, redevelopment or additions to existing
residential development shall not exceed the pre-construction impervious surface
limit, provided the stormwater and drainage requirements of section 24-66 are
met.
SECTION 2. Regulation Amended. Section 24-64 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereb y 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 or impervious surface area 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 hereb y 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 prepared by a licensed Florida surveyor, and the
requirement for either or both surveys may be waived by the director of public
works if determined to be unnecessary.
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. The Except as provided herein, an applicant shall be required
to provide onsite storage of stormwater, such that there is no increase in the
rate or volume of flow to offsite, from for all development and redevelopment
projects every developed or redeveloped parcel, and for any addition or
modification that increases the impervious surface area on a developed lot by
more than ten (10) percent or four hundred one hundred fifty (400150) SF
square feet. whichever is smaller and Any modification or replacement of
driveway and sidewalk areas only on a developed lot shall not require onsite
storage improvements provided the modification or replacement does not alter
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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 issuing
building permits for individual lot construction may begin be issued. The
requirement for onsite storage may be waived by the director of public works
if storage is determined to be unnecessary or 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 engineer, 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 red-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 c ity,
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 should
shall be based on the difference in runoff volume generated by the new
impervious area (“delta volume”) and would be calculated by: following
calculation:
V = CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet 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 (50) percent maximum
imperviousness, 0.4 for twenty-five (25) percent imperviousness, and
0.2 for zero (0) percent imperviousness 0.92 which is the difference
between impervious area (C=1.0) and undeveloped conditions
(C=0.08).
This delta volume (post V minus per-V in cubic 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 owner of the parcel to be
developed or redeveloped an applicant 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 meeting the 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 floodplain base
flood elevation has been defined by either the Federal Emergency
Management Agency (FEMA) on flood insurance rate maps (FIRMs), the
1995 Stormwater Master Plan, the Core City project, or the 2002 Stormwater
Master Plan Update (e.g., Hopkins Creek). 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) Stormwater 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 (½) 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) Enforcement. 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 any applicable
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) Minor waiversVariances to impervious surface area limits. The director of
public works shall have the authority to waive the impervious surface area up
to five (5) percent of the established limit upon demonstration by the property
owner or applicant that preceding stormwater standards shall be maintained
and upon showing of good cause and need for the increased impervious
surface area which shall be based upon the inability to meet limits due to side
constraints or pre-existing conditions. Any reduction shall be calculated based
upon the total square footage of lot area and the square footage of the allowed
impervious surface area. For example, on a seven thousand five hundred
(7,500) square foot lot, the allowed impervious surface area is three thousand
seven hundred fifty (3,750) square feet, and the maximum impervious surface
area permitted to be waived in accordance with this provision is one hundred
eighty seven and one half (187.5) square feet. 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 hereb y amended to read as follows:
(f) Building restrictions. Additional building restrictions within the RS-L 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 percentage, 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 hereb y amended to read as follows:
(f) Building restrictions. Building restrictions within the RS-1 zoning district
shall be:
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(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 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 hereb y 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 percentage, 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 hereb y amended to read as follows:
(f) Building restrictions. The building restrictions for the RG 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 percentage, 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 hereb y 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) 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 9. Regulation Amended. Section 24-115 of the Code of Ordinances of the City of
Atlantic Beach, Florida, is hereb y amended to read as follows:
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(g) Building restrictions. The following building restrictions shall appl y within
the R - SM z oning district:
(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 percentage, provided the
requirements of section 24-66 are met.
(2) Maximum building height: Thirt y-five (35) feet.
SECTION 10. Conflict. All ordinances, resolutions, official determinations or parts thereof
previousl y adopted or entered b y the Cit y or an y 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 an y
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision
shall be deemed severabl e 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 da y of ___________, 2019.
PASSED by the City Commission on second and final readin g this ____ day of
____________, 2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Ma yor
Attest:
Donna L. Bartle, Cit y Cl erk
Approved as to form and correctness:
Brenna M. Durden, Cit y Attorney