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Ordinance No. 90-19-240 (2)ORDINANCE NO. 90-19-240 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING A FULLY REVISED CHAPTER 24, LAND DEVELOPMENT REGULATIONS, OF THE ATLANTIC BEACH CODE OF ORDINANCES, AS SET FORTH WITHIN ATTACHED EXHIBIT A, WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING THE ENTIRETY OF THE CURRENT CHAPTER 24, ADOPTED BY ORDINANCE NUMBER 90-10-212 AS AMENDED TO DATE; SAID NEWLY ADOPTED CHAPTER 24 CONTAINING SIX ARTICLES: ARTICLE I — GENERAL, PROVIDING FOR ADOPTION AND AUTHORITY, PROVIDING FOR PURPOSE AND INTENT, PROVIDING FOR JURISDICTION, PROVIDING FOR AMENDMENTS, PROVIDING FOR LEGAL STATUS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN; ARTICLE II. — LANGUAGE AND DEFINITIONS, PROVIDING FOR CONSTRUCTION OF LANGUAGE, PROVIDING FOR DEFINITIONS, PROVIDING FOR ACRONYMS; ARTICLE M. — ZONING REGULATIONS; ARTICLE IV. — SUBDIVISION AND SITE IMPROVEMENT REGULATIONS; ARTICLE V. — ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS; AND ARTICLE VI. — CONCURRENCY MANAGEMENT SYSTEM; PROVIDING FOR FINDINGS OF FACT, FOR CODIFICATION, FOR APPLICABILITY, FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, on March 8, 2010 the City Commission of the City of Atlantic Beach enacted Ordinance No. 90-10-12 amending and restating the City of Atlantic Beach Land Development Regulations, Chapter 24 of the City's Code of Ordinances, which has been subsequently amended; and WHEREAS, the City of Atlantic Beach recognizes that said Chapter 24, Land Development Regulations, requires comprehensive revisions periodically to meet the community's needs to update content, standards, and administrative guidance; and WHEREAS, the City of Atlantic Beach desires to have Land Development Regulations that are clear, concise, and streamlined; and WHEREAS, Section 163.3174(1), Florida Statutes, requires that the governing body of each local government in Florida shall designate and by ordinance establish a "local planning agency;" and WHEREAS, the City of Atlantic Beach Community Development Board has been duly designated as the Local Planning Agency of the City; and WHEREAS, Section 163 3174(4)(c), Florida Statutes, provides that the land planning agency shall review all proposed text amendments to land development regulations and make recommendations to the governing body as to the consistency of the proposed revisions with the adopted comprehensive plan; and 01144768-4 WHEREAS, the Community Development Board acting in its capacity as Local Planning Agency, held a duly advertised public hearing on May 21, 2019, to receive public comments on the proposed update and revisions to Chapter 24, Land Development Regulations and, finding the proposed update and revisions to said Chapter 24 consistent with the City's adopted 2030 Comprehensive Plan, voted to recommend adoption of said update and revisions to Chapter 24, Land Development Regulations; and WHEREAS, after due notice and publication, the City Commission held two (2) public hearings on June 10, 2019 and June 24, 2019, to receive public comments and receive the recommendation of the Community Development Board; and WHEREAS, the City Commission has found and determined that the proposed update and revisions to Chapter 24, Land Development Regulations will foster and preserve the public health, safety and welfare and aid in the harmonious, orderly and progress development of the City of Atlantic Beach and thus will serve a valid public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Community Planning Act, as codified in the applicable portions of Chapter 163, Part II, Florida Statutes (2018) as amended. SECTION 2. Findings. The City Commission hereby finds and determines that: (a) The findings set forth in the recitals to this Ordinance are true and correct. (b) The Community Development Board, acting in its capacity as the Local Planning Agency for the City held a public hearing on May 21, 2019, to consider the proposed update and revisions to Chapter 24, Land Development Regulations of the City's Code of Ordinances, and found them to be consistent with the Comprehensive Plan, and recommended that the City Commission adopt said update and revisions to Chapter 24, Land Development Regulations. (c) The update and revisions to Chapter 24, Land Development Regulations, of the City's Code of Ordinances, as specifically set forth in Exhibit A, attached hereto and made a part hereof (the "Land Development Regulations Update") are consistent with the City's adopted 2030 Comprehensive Plan. SECTION 3. Repeal of Current Chapter 24 and Adoption of the Land Development Regulations Update. Chapter 24, Land Development Regulations, of the Code of Ordinances, adopted pursuant to Ordinance 90-10-212, as amended to date, is hereby repealed in its entirety and the City of Atlantic Beach Land Development Regulations Update attached to this Ordinance and incorporated herein by reference as "Exhibit A" is hereby adopted as a fully revised Chapter 24 to the City's Code of Ordinances and consists of the following six articles with new text indicated by underline and deleted text indicated by strikug . (a) ARTICLE I. — IN GENERAL; (b) ARTICLE II. — LANGUAGE AND DEFINITIONS; (c) ARTICLE III. — ZONING REGULATIONS; (d) ARTICLE IV. — SUBDIVISION AND SITE IMPROVEMENT REGULATIONS; (e) ARTICLE V. — ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS; and (f) ARTICLE VI. — CONCURRENCY MANAGEMENT SYSTEM. 01144768-4 SECTION 4. 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 5. Codification and Scrivener's Errors. The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate the Land Development Regulations Update as Chapter 24 into the City's Code of Ordinances. Sections of the Land Development Regulations Update may be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical errors in Chapter 24 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 6. Applicability. The provisions of the Land Development Regulations Update set forth in Exhibit A hereto shall apply to all applications, decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or filed or initiated thereafter, provided that certain development, land use or construction, if qualified, may have vested rights to continue or be completed under the terms of the repealed ordinances or provisions therein. SECTION 7. Severability. If any section, sentence, clause, or other provision of this Ordinance, or any provision of the Land Development Regulations Update shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such potion shall be deemed a separate, distinct and independent provision, and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance, or of the Land Development Regulations Update. SECTION 8. Effective Date. This Ordinance shall take effect upon final review and approval. PASSED on first reading and following a public hearing on --T�Ln z Zq , 2019. PASSED AND DULY ADOPTED on final reading and following a public hearing on 2019. CITY OF ATLANTIC BEACH t� Ell Gasser, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: BLepA M. D n City Attorney 01144768-0 raw City of Atlantic Beach and Development -egulations Updaie, WHITI 71IMT-t" City of Atlantic Beach Land Development Regulations Update City of Atlantic Beach Land Development Regulations Update Table of Contents ARTICLE I. - IN GENERAL.. ..................................................................... 1 Sec. 24-1. - Adoption and authority......................................................................1 Sec. 24-2. - Purpose and intent.............................................................................1 Sec. 24-3. - Jurisdiction.........................................................................................1 Sec. 24-4. - Amendments.......................................................................................1 Sec. 24-5. - Legal status and consistency with the Comprehensive Plan......... 2 Secs. 24-6-24-15. - Reserved............................................................................... 2 ARTICLE II. - LANGUAGE AND DEFINITIONS.......................................................... 2 Sec. 24-16. - Construction of language................................................................ 2 Sec. 24-17. - Definitions......................................................................................... 3 Sec. 24-18. - Acronyms........................................................................................ 34 Secs. 24-19-24-30. - Reserved........................................................................... 35 ARTICLE III. - ZONING REGULATIONS...................................................................... 36 DIVISION 1. - IN GENERAL......................................................................................36 Sec. 24-31. - Scope............................................................................................... 36 Secs. 24-32-24-45. - Reserved........................................................................... 36 DIVISION 2. - ADMINISTRATION............................................................................. 36 Sec. 24-46. - City Commission............................................................................ 36 Sec. 24-47. - Community Development Board ................................................... 37 Sec. 24-48. - Community Development Director ................................................ 37 Sec. 24-49. - Appeals........................................................................................... 39 Sec. 24-50. - Vested rights................................................................................... 40 Sec. 24-51. - Public hearings and required notice.............................................40 Secs. 24-52-24-59. - Reserved........................................................................... 53 DIVISION 3. -APPLICATION PROCEDURES.......................................................... 53 Sec. 24-60. - Amendment and repeal.................................................................. 53 Sec. 24-61. – Process chart. 53 ................................................................................ Sec. 24-62. - Change in zoning district classification ....................................... 53 Sec. 24-63. - Use-by-exception............................................................................ 55 Sec. 24-64. – Administrative variances.............................................................. 57 Sec. 24-65. - Variances........................................................................................ 57 Sec. 24-66. - Waiver.............................................................................................. 60 City of Atlantic Beach Land Development Regulations Update Sec. 24-67. - Development. construction and storaae within zonina districts. ............................................................................................................................... 61 Sec. 24-68. - Stormwater, drainage, storage and treatment requirements...... 62 Sec. 24-69. - Development review and issuance of development permits...... 64 Sec. 24-70. - Land clearing and alteration of site grade or topography.......... 66 Sec. 24-71. - Fees................................................................................................. 67 Secs. 24-72-24-79. - Reserved........................................................................... 69 DIVISION 4. - GENERAL PROVISIONS AND EXCEPTIONS ................................... 69 Sec. 24-80. - Rules for determining boundaries ................................................ 69 Sec. 24-81. - General restrictions upon land, buildings and structures.......... 69 Sec. 24-82. - Required yards and permitted projections into required yards. 72 Sec. 24-83. - Double frontage (through) lots and oceanfront lots .................... 74 Sec. 24-84. - Lots of record and nonconforming lots of record ...................... 74 Sec. 24-85. - Nonconformina structures and uses ........................................... 76 Sec. 24-86. - Special treatment of lawfully existing two-family dwellings or townhouses affected by future amendments to the official zoning map or the land development regulations............................................................................ 79 Sec. 24-87. - Reserved......................................................................................... 80 Sec. 24-88. - Design and construction standards for two or more townhouse units...................................................................................................................... 80 Sec. 24-89. - Garage apartments (as allowed in combination with private garages)................................................................................................................ 81 Secs. 24-90-24-100. - Reserved......................................................................... 82 IVISION 5. - ESTABLISHMENT OF DISTRICTS .................................................... 82 Sec. 24-101. - Intent and purpose ....................................................................... 82 Sec. 24-102. - Zoning districts established ...............................................00.0...2.85 Sec. 24-103. - Conservation district (CON) ........................................................ 88 Sec. 24-104. - Residential, single -family -Larne lot district (RS -L) ................. 88 Sec. 24-105. - Residential, single-family district(RS-1).................................... 89 Sec. 24-106. - Residential, single-family district(RS-2).................................... 90 Sec. 24-107. - Residential, two-family district(RG)........................................... 91 Sec. 24-108. - Residential, multi -family district(RG-M).................................... 93 Sec. 24-109. - Residential, Selva Marina District(R-SM)................................... 94 Sec. 24-110. - Commercial, professional office district (CPO) ......................... 98 Sec. 24-111. - Commercial limited district (CL)...............................................100 Sec. 24-112. - Commercial general district (CG)..............................................102 City of Atlantic Beach Land Development Regulations Update Sec. 24-113. - Light industrial and warehousing districts (LIW)....................106 Sec. 24-114. - Special purpose district (SP).....................................................108 Sec. 24-115. - Central business district (CBD).................................................109 Sec. 24-116. – Traditional Marketplace district (TM).......................................112 DIVISION 6. - SPECIAL PLANNED AREA DISTRICT (SPA)..................................116 Sec. 24-117. - Purpose and intent.....................................................................116 Sec. 24-118. - Special planned area district required......................................116 Sec. 24-119. - Permitted uses and site requirements......................................117 Sec. 24-120. - Process for rezoning to special planned area district............117 Sec. 24-121. - Development standards and criteria.........................................118 Sec. 24-122. - Master site development plan required....................................118 Sec. 24-123. - Platting........................................................................................119 Sec. 24-124. - Modifications to previously approved special planned area districts or master site development plans or planned unit developments (PUD)...................................................................................................................119 Sec. 24-125. - Expiration of time limits provided in ordinance .......................119 Sec. 24-126. - Effect on previously approved planned unit developments (PUDs).................................................................................................................120 Secs. 24-127-24-150. – Reserved....................................................................120 DIVISION 7. - SUPPLEMENTARY REGULATIONS................................................120 Sec. 24-151. - Accessory uses and structures................................................120 Sec. 24-152. - Child care....................................................................................122 Sec. 24-153. - Churches.....................................................................................123 Sec. 24-154. - Outdoor display, sale and storage of furniture, household items, merchandise and business activities outside of enclosed buildings.123 Sec. 24-155. - Establishments offering live entertainment.............................125 Sec. 24-156. - Exceptions to height limitations...............................................125 Sec. 24-157. - Fences, walls and similar structures........................................126 Sec. 24-158. - Dog -friendly restaurants............................................................127 Sec. 24-159. - Home occupations.....................................................................133 Sec. 24-160. - Dumpsters, garbage containers and refuse collection areas and above -ground tanks...........................................................................................134 Sec. 24-161. - Off-street parking and loading..................................................135 Sec. 24-162. - Parking lots.................................................................................143 City of Atlantic Beach Land Development Regulations Update Sec. 24-163. - Storaae and parkina of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. .............................................................................................................................143 Sec. 24-164. - Swimming pools, hot tubs, spas and ornamental pools/ponds. .............................................................................................................................145 Sec. 24-165. - Gas stations................................................................................145 Sec. 24-166. - Signs............................................................................................148 Sec. 24-167. - Required buffers between residential and nonresidential uses. .............................................................................................................................148 Sec. 24-168. - Land clearing, tree removal or damage to existing trees and vegetation...........................................................................................................148 Sec. 24-169 – Pharmacies and medical mariivana treatment center dispensing facilities...............................................................................................................148 Sec.24-170. - Reserved......................................................................................149 Sec. 24-171. - Commercial corridor development standards .........................149 Sec. 24-172. - Residential development standards.........................................155 Sec. 24-173. - Neighborhood preservation and property maintenance standards............................................................................................................161 Sec. 24-174. - Boats and watercraft..................................................................162 Sec. 24-175. – Mayport business overlay district............................................164 DIVISION 8. - LANDSCAPING................................................................................ 169 Sec. 24-176. - Applicability, requirements, buffer design standards, maintenance, protection, visibility, and exceptions.......................................169 Sec. 24-177. – Florida -Friendly Landscaping and Landscape Irrigation .......177 Sec. 24-178. - General provisions.....................................................................179 Sec. 24-179. - Florida -friendly use of fertilizer on urban landscapes . ........... 181 Secs. 24-180-24-185. - Reserved.....................................................................185 ARTICLE IV. - SUBDIVISION AND SITE IMPROVEMENT REGULATIONS..............186 DIVISION 1. - GENERALLY....................................................................................186 Sec. 24-186. - Purpose and intent.186 .................................................................... Sec. 24-187. - Subdivision and subdivision improvements defined..............186 Sec. 24-188. - Reauirements for approval and recordina of a final subdivision plator a replat....................................................................................................186 Sec. 24-189. - Exemptions from the requirement for approval and recording of a final subdivision plat or replat.......................................................................187 Sec. 24-190. – Waiver for subdivisions............................................................188 Sec. 24-191. - Vacation of previously recorded subdivision plats.................188 iv City of Atlantic Beach Land Development Regulations Updat7e7 ��j Secs. 24-192-24-200. - Reserved.....................................................................188 DIVISION 2. -APPLICATION PROCEDURE.......................................................... 189 Sec. 24-201. - General requirements................................................................189 Sec. 24-202. - Review and approval procedure...............................................189 Sec. 24-203. - Review of proposed plat or changes to a previously recorded plat.......................................................................................................................189 Sec. 24-204. – Proposed final plat review and approval.................................194 Secs. 24-205-24-220. - Reserved.....................................................................196 DIVISION 3. - REQUIRED IMPROVEMENTS......................................................... 196 Sec. 24-221. - Generallv.....................................................................................196 Secs. 24-222-24-230. - Reserved.....................................................................197 DIVISION 4. - ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS.................................................................................................... 197 Sec. 24-231. - Commencement of construction...............................................197 Sec. 24-232. - Performance security.................................................................197 Sec. 24-233. - Maintenance security.................................................................198 Sec. 24-234. - Inspections.................................................................................198 Sec. 24-235. - Issuance of certificate of completion.......................................199 Secs. 24-236-24-250. - Reserved.....................................................................199 DIVISION 5. - DESIGN AND CONSTRUCTION STANDARDS FOR ALL DEVELOPMENT AND REDEVELOPMENT............................................................ 199 Sec. 24-251. - General requirements................................................................199 Sec. 24-252. - Streets......................................................................................... 201 Sec. 24-253. - Driveways.................................................................................... 202 Sec. 24-254. - Easements.................................................................................. 203 Sec. 24-255. - Blocks.......................................................................................... 203 Sec. 24-256. - Lots.............................................................................................. 204 Sec. 24-257. - Provision for required recreation .............................................. 204 Sec. 24-258. - Clearing and grading of rights-of-way ...................................... 205 Sec. 24-259. - Centralized sewer and water services ...................................... 205 Sec. 24-260. - Installation of septic tanks. private wastewater. and onsite sewage treatment and disposal systems......................................................... 206 Sec. 24-261. - Reserved..................................................................................... 206 ARTICLE V. - ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS..... 207 DIVISION 1. -WELLHEAD PROTECTION.............................................................. 207 V City of Atlantic Beach Land Development Regulations Update Sec. 24-262. - Purpose and intent.....................................................................207 Sec. 24-263. - Establishing and mapping wellhead protection areas............ 208 Sec. 24-264. - Investigations and monitoring .................................................. 208 Sec. 24-265. - Prohibitions in wellhead protection areas ............................... 209 Sec. 24-266. - Requirements within wellhead protection areas.....................210 Sec. 24-267. - Notice of release or spill of contaminants in wellhead protection areas................................................................................................. 210 Sec. 24-268. - Authority and responsibilities of the city ................................. 211 Sec. 24-269. - Reserved..................................................................................... 211 DIVISION 2. - PROTECTION OF WETLAND, MARSH AND WATERWAY RESOURCES.......................................................................................................... 211 Sec. 24-270. - Purpose and intent..................................................................... 211 Sec. 24-271. - Environmental assessment and protection of wetlands and environmentally sensitive areas....................................................................... 212 Sec. 24-272. - Reserved..................................................................................... 215 ARTICLE VI. - CONCURRENCY MANAGEMENT SYSTEM ...................................... 216 DIVISION 1. - CONCURRENCY MANAGEMENT SYSTEM ................................... 216 Sec. 24-273. - Purpose and intent.....................................................................216 Sec. 24-274. - Administrative responsibility.................................................... 216 Sec. 24-275. - Applicability................................................................................ 216 Sec. 24-276. - Projects not requiring a concurrency certificate ..................... 217 Sec. 24-277. - Application and review and approval requirements ................ 217 Sec. 24-278. - Timing and completion of required public facility improvements..................................................................................................... 218 Sec. 24-279. - Capacity and level of service inventory ................................... 218 ARTICLE 1. 1N GENERAL.. ................................................. Seg. 24 1. Adnntinn and hhnrif i 4 des. 21 2 1 urpose weer .............................................. vi City of Atlantic Beach s r Land Development Regulations Update City of Atlantic Beach Land Development Regulations Update City of Atlantic Beach€ Land development Regulations Update City of Atlantic Beach Land Development Regulations Update City of Atlantic Beach Land Development Regulations Update City of Atlantic Beach L- Land Development Regulations Update List of Figures Figure 1 Grade, established.......................................................................................... 16 Figure2 Street.............................................................................................................. 29 Figure 3 Application Authority....................................................................................... 53 Figure 4 Permitted Structural Projections...................................................................... 73 Figure 5 Dividing & Joining Lots of Record................................................................... 76 Figure 6 Enlarging Non -Conforming Structures............................................................ 78 Figure 7 R -SM Required Setbacks................................................................................ 97 Figure 8 Central Business District Map....................................................................... 110 Figure 9 Traditional Marketplace Map......................................................................... 113 Figure 10 Front Yard Fence Design/Height.................................................................126 Figure 11 Commercial Corridor Map........................................................................... 150 Figure 12 Commercial Corridor Street Frontage Landscaping .................................... 154 Figure 13 Old Atlantic Beach.......................................................................................157 Figure 14 Side Wall Illustration.................................................................................... 158 Figure 15 Second Story Prolection.............................................................................. 159 Figure 16 Mayport Business Overlay District.............................................................. 165 Figure 17 CBD and TM Zoning Vehicular Use Area Landscaping .............................. 173 Figure 18 Potable Water Wells.................................................................................... 208 Fiaure 19 Environmentallv Sensitive Areas................................................................. 215 List of Tables Table 1 Residential Lot and Structure Requirements.................................................... 84 Table 2 Zoning Districts................................................................................................. 85 Table 3 Permitted Uses................................................................................................. 85 Table 4 Off -Street Parking Requirements...................................................................140 Table 5 Minimum Right -Of -Way and Paving Widths ................................................... 202 xii 11 City of Atlantic Beach Land Development Regulations Update ARTICLE I. - IN GENERAL Sec. 24-1. - Adoption and authority. This chapter, together with all future amendments hereto, is adopted under the terms granted by the Charter. The -.City -.Commission does hereby exercise the power to classify land within the jurisdiction of the City of Atlantic Beach into zoning districts; to review, approve or deny requests to change zoning district classifications; to establish procedures for requests for uses - by -exception; requests for variances and waivers to certain provisions of these regulations; to hear appeals on any decisions; to review and approve or deny plats for the subdivision of land and to make -.Comprehensive p.Elan amendments. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-2. - Purpose and intent. The purpose of this chapter, the zoning districts and regulations set forth herein is to provide for orderly growth; to encourage the most appropriate use of land; to protect the natural environment; to protect and conserve the value of property; to prevent the overcrowding of land; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, and general welfare of the public; and to help accomplish the goals and objectives of the -.Comprehensive p2lan. Further: (a) In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the community. (b) It is not intended by this chapter to interfere with or abrogate or annul any easements or other private agreements between parties. Where any provision of this chapter imposes restrictions that are different from those imposed by any other provision of this chapter, or any other ordinance, rule or regulation, or other provision of law, whichever provisions are the more restrictive or impose higher standards shall control. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-3. - Jurisdiction. The provisions of this chapter shall apply to all lands, buildings, structures and to the uses within the jurisdiction of the City of Atlantic Beach. No land, building or structure shall be used, moved, added to or enlarged, altered or maintained except in conformance with the provisions of this chapter and in conformance with the -.Comprehensive pPlan. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-4. -Amendments. Fee the n, ,r^^So of To provideirg for the public health, safety and general welfare of the City of Atlantic Beach, the -.City -.Commission may, from time to time, amend the provisions of this chapter. Public hearings on all proposed amendments shall be held by the -.City -.Commission or the -.Community #Development bBoard in the manner as prescribed by Florida law and as set forth within section 24-5251 of this chapter. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-5. - Legal status and consistency with the c -Comprehensive pPlan. Pursuant to Seo +enF.S. 163.3194(1), Flerida Stas, as may be amended, all development undertaken, and all actions taken iR FegaFdtoregarding development, shall be consistent with the adopted -.Comprehensive pPlan. Further, all land development regulations enacted or amended shall be consistent with the adopted -.Comprehensive pPlan, and in the event of inconsistency between the requirements of any zoning or land development regulations, the provisions of the -.Comprehensive pPlan shall prevail. The -.City -.Commission shall have the authority to amend the adopted -.Comprehensive Plan in accordance with the process established within SeGtien F.S. � 163.3184, Florida Statutes (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-6-24-15. - Reserved. ARTICLE II. - LANGUAGE AND DEFINITIONS Sec. 24-16. - Construction of language. The following rules of construction shall apply to the text of this chapter: (a) The particular or specific shall control the general. (b) In case of any difference in the meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (c) The word "shall' is always mandatory and not discretionary. The word "may" is permissive. (d) "Building" or "structure" includes any part thereof, and these terms may be used interchangeably. (e) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (f) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. (g) The word "includes" shall not limit a term to the specified examples; but is intended to extend its meaning to all other instances or circumstances of like kind or character. (h) In the event that the provisions, as set forth within this chapter, conflict with those of any other federal law, Florida Statute, local ordinance, resolution or regulation, including the -.Comprehensive Plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict with the adopted -.Comprehensive Plan. (i) Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the time such is applied, including all amendments made effective after the initial effective date of these land development regulations. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-97. - Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning. Note: The definitions set forth within this section establish the meaning of terms used throughout and, unless expressly defined otherwise in this GhapteF—athe—G+ty'S "",�,U,;;Qiipal—Code of Ordinances, in other chapters of the City's Code of Ordinances, and are also instructive as to how these land development regulations are implemented as related to the use and limitations on the use of lands within the sCity. Abandon shall mean to discontinue a use for more than a specified period of time. Abandoned vehiGle shall mean any Junked, diSGaFded, er iReperable MGt9F VehiGle, ORGIIAG144g any beat, ME)tGFGYG'e, trailer and the like, with a rner--.h-aRir-,@.l A -F G-GRditiGR that PFeG'UdeS its ability f9F street tFavel eF its intended use, oF one that is dismantled, discarded, I , demoldemolished or not hearing Eurren-t license tags. No SUGh vehiGle shall be paFke J or stered openly ished i v i r�;rrca vTrrvz bearing in any ZnniRg distrint ,mloss expressly permitted within that znninn district Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property. Access, point of, shall mean a paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right-of-way or from public or private premises including off-street parking areas. Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right-of-way. An access point may include multiple ingress and egress lanes and a divider median provided that all features utilize the same apron. equipment,building, and aRGiIIaFy in use to the PFiRGiPal buildingm Pump houses feF exterier well pumps and the lakt-z PA -t P-XGP-eding nine (9) SqUaFe feet an area ;-;Ad- feYF (4) feet On height sh-All net -he -,A-.nr, --.rpd AS ;4rrPl;'.;GFY StFUGkIFeS. Pump heuses larger than nine (9) squ@Fe feet er four (4) feet 0 n height shall be Gensidered as a Ovate gaFage for the puFpese ef deteFmining height @Rd area FegUlatffiGRS. This defiRitiOR shall RE)t ARGlude fenGeS, hedges and walls, sterage StFUGtWes not eXGeeding eight (8) feet an height and eighty (80) square feet, flagpoles, Ghi!dFeR'S play rorn,iromonts of this nhaptor Accessory use, building, or structure shall mean a use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure. Accessory structures include, but are not limited to the following: sheds, unattached 3 I J City of Atlantic Beach Land Development Regulations Update garages, swimming pools docks, gazebos satellite dishes, screen enclosures rooftop solar panels, and garage apartments. Acre. gross. means 43,560 square feet. Addition shall mean an extension or increase in floor area or height of a building or structure. Adjacent shall mean next to or adjoining something else. Adjoining in the context of land shall mean a lot or parcel of land, when the lot or parcel share all or part of a common lot line. Adjoining in the context of structures shall mean two or more structures sharing all or part of a common wall. AdM4*tFath,-e offig-012s used withiR this Ghapter shall mean that perseR(s) designated by ^h Administrative Variance shall mean a minor variance that may be granted by the Community Development Director in accordance with subsection 24-64(x. Administrator shall mean the City of Atlantic Beach City Manager, or an administrative official of the City of Atlantic Beach government designated by the City Manager. Adult care facility shall mean a facility licensed and operated in accordance with state and other standards as may be applicable, providina aeneral suoervisory care for five or more adults. Adversely affected person, as used within this chapter, shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the City of Atlantic Beach Comprehensive Plan. The alleged adverse effect may be shared in common with other members of the community; but must exceed in degree the general interest in community good shared by all persons in the community. Alley shall mean a right-of-way providing a secondary means of access and service to abutting property. - Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems. Animal hospital. See "Veterinary clinic." or "u to Apartment house. See "Dwelling, multifamily." 4 Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use -by -exception, a variance, an appeal, a waiver, a plat, an administrative variance, or any development permit. Application of fertilizer e� ameans the actual physical deposit of fertilizer to turf or landscape plants, whether solid or liquid product is used. Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Atlantic Beach. Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. o determiner the appraised value, the certified appraisal shall have been performed within the previous twelve (12) months. Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and which does not contain any type of solid roof. Assessed value shall mean the value toof an improvement or property as determined by the Duval County Property Appraiser in the manner provided by Florida law. Automatic jaigation system shall mean an artificial watering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants. Automotive service, minor shall mean any facility that performs the limited, minor or routine servicing of motor vehicles or parts, but shall not include beavyMgior automotive fepa+Frepair, and which contains no more PaGilitmes shall nnn+ain nn mnro than two (2) work bays. P, avmcies ch ill be de -fined nc; heavy autemetive repair Automotive repair, I or#eayy shall mean any facility that performs any type of automotive service or repair with more than two (2) work bays, or anV facility that performs the tham-repa;r rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of the number of work bays. Bar or lounge shall mean anyplace devoted primarily to the selling or dispensing and drinking of alcoholic beverages. Base flood elevation (BFE) {shall mean} the elevation shown on the FEMA flood insurance rate map for zones AE, AH, Al—A30, AR, AR/A, ARAE, AR/A1—A30, AR/AO, V1—V30, and VE that indicates the water surface elevation resulting fe#rom a flood that has a one -percent chance of equaling or exceeding that level in any given year. Best management practice (BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management. Block includes tier or group and shall mean a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified. shala„ aR aFFaRgemeRt GF GGRAhiRAtiGR Af lets, the peFipneter ef i.vhiGh abuts street Fights ef way er ethe publidy ev.gned Winds. This may be tO iRGlude approved subdiViSOE)R plaRG With 'Ot arFangemeRts eF GembiRatiGRS wheFe only a portion of the perimeter abuts a street Fight Gf way aF publidy owned land-. Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons and where no cooking equipment or dining facilities are provided in individual rooms. 5 Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the eCity GCommission. All bonds shall be approved by the eCity GCommission wherever a bond is required by this chapter. (1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety may be required to be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year from the date of any project's certificate of occupancy or completion. (2) Performance bond: When required improvements are installed after recording the plat, surety may be required to be posted in the amount of one hundred and twenty-five (125) percent of the engineer's estimate of costs, ORGIUdiRg Iandfill. Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences. Buffering. See "Screening." Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of City Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal construction control line. Building shall mean a structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. Building shall include any structure constructed or used for a residence, business, industry or other private or public purpose, including buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. "Building" or "structure" includes parts thereof and these terms may be used interchangeably. Building permit shall mean any permit, which authorizes the commencement of construction or development in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations. Building, principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated. Building setback shall mean the minimum required horizontal distance, where structures over thirty (30) inches are prohibited unless otherwise specified in this chapter, between the front, rear or side property lines of tl4eany lot and the nearest exterior front, rear or sides wall of tl4egny building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and building restriction line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat. Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of a lot or the property, as depicted on a platted lot of record. Buildings shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have Co been recorded upon a final subdivision plat approved and accepted by the city, shall be enforceable by the city. Capital improvement shall mean physical assets constructed or purchased to provide, improve, or replace a public facility or public infrastructure. The cost of a capital improvement is generally nonrecurring and may require multiyear budgeting and financing. For these land development regulations, physical assets which have been identified as existing or projected needs in the Capital Improvement Element in the City's Comprehensive Plan shall be considered capital improvements. Car wash shall mean a facility used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of automotive fuels. Any parcel containing a car wash shall be located a minimum of 100 feet from the lot line (measured from the parcel line to the nearest parcel line) of any parcel that is residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance with Article III, Division 8 of this chapter. Cemetery shall mean land used or intended to be used for the burial of animal or human deadremains and dedicated for cemetery purposes; indudipggnd may include mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery. Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans and the Florida Building Code. Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Certified survey is inclusive of all types of surveys as may be required by these land development regulations. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child raFe r Feyided Within private homes shall be limited W GaFe Gf RE)t moFe thaR five (5) GhildFeR, uRFelated te the epeFateF, With!R a Single time Clnrida DepaFtmont of Ghl!dFen and Families and con+inn 24_952 of this ohnnter Child care facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, other than a family day care home, which provides child care for more than five (5) children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. Childcare facilities shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and Section 24-152 of this chapter. This definition shall not include family day care home. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. o oiRgle residential dWel!iRg „nit for onn„nonn„ by the master or City shall mean the City of Atlantic Beach. Clinic shall mean an establishment where patients, who are not kept overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida. Club shall mean a privately -owned establishment owned and operated by a corporation or association of persons for social or recreational purposes, bUt no+ operated primarily for nrefi+ or and typically requires a membership. Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department of Environmental Protection (FDEP), and regulated under authority of the Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the FDEP. Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida. -Code enforcement officer, official or inspector means any designated employee or agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach. Commercial Corridor means the lands extending a depth of one hundred (100) feet outward from the outer boundaries of the rights-of-way along Mayport Road and Atlantic Boulevard, including any parcels which are partially within said one hundred (100) feet. Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9). means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Communication tower means a tower which supports communication equipment (such as Radio, TV or Telecommunications for either transmission or receiving). The term "communication tower" shall not include amateur radio operators' equipment, including citizen's band (CB), VHF and UHF Aircraft/Marine, and other similar operators. Design examples of communication towers are described as follows: (i) self-supporting lattice; (ii) guyed; and (iii) monopole. Community center shall mean a facility available for public use, which may be used for recreation activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities. Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Comprehensive pElan shall mean the local government sComprehensive PPlan, which wasis adopted by the c -City 4 Commission pursuant to the Le -al G—ernmon+ Comprehensive Community Planning Act and Land no„olepmon+ Regulation oma+ nonoisten+ wi+hpursuant to Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to Sestiee F.S. �163.3194(1)(b), Flepida gtatut&s-, in the case of any inconsistency between the provisions of this chapter and the sComprehensive -Plan, the sComprehensive Plan shall prevail. Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land, and shall be in sufficient detail to permit evaluation of the proposals: and to determine compliance with the Florida Building Code and City's Code of Ordinances. Convenience store shall mean an establishment of no less than 2,000 square feet and no more than five thousand (5,000) square feet of conditioned space used for the retail sale of consumable goods and may include sit-down restaurant areas. Corner lot. See "Lot, corner." Covenants shall mean various forms of private agreements and deed restrictions recorded in the public records that restrict the use of private property. Bush agFeeRqeRts aFe private use and developmeRt of land, the pFevisieRS E)f these reg-lat ----- - hall geveFR. The term „ private anreemeRts Cul-de-sac shall mean a street terminated at the end in a vehicular turnaround. Density shall mean an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. Density shall include tThe number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers., a jurisdictional wetlands ander lands seaward of the coastal construction control line. AIlnv„tile density shall be established by the nnmrirehonoive plan, as mrd w be nmoned Developer shall mean any person, including a governmental agency, undertaking any development as defined in this section. Development and redevelopment shall mean the following, generally in accordance with be definer- annnr.dinn fn SeGtinn F. S. §380.04:, Pnrida gtatute6 as fellewsi (a) Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into three or more than f„�, ^:e�2) parcels. (b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: (1) A reconstruction, alteration of the size or material change in the external appearance of a structure on land. (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. (3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in SeGtionF.S. 161.021, Perida des. (4) Commencement of drilling; (except to obtain soil samplesJ, mining or excavation on a parcel of land. (5) Demolition of a structure. N City of Atlantic Beach Land Development Regulations Update (6) Clearing of Land as an adjunct of construction. (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land. (c) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: (1) Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (2) Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or construction on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (3) Work for maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (5) A change in the ownership or form of ownership of any parcel or structure. (6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. Development order shall mean any order granting, denying, or granting with conditions an application for a development permit. Development parcel, or development site(see also definition for single development parcel) shall mean the contiguous or adjacent lands, lots or parcels for which a unified development project is proposed._ In the case where more than one (1) parcel, platted lot or lot of record has been combined and developed as a single development parcel, such lots shall not later be developed as single lots (see Section 24-84), unless all requirements for development as single lots shall be met including, but not limited to, lot area, lot width, impervious surface area limitations, and provision of all required yards for all structures. The construction of a fence does not constitute the creation of single lots. Development permit shall include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land. variaRGe, use by evnep#inn site plan plat or perm i# the „ce nr l#evelnnmen# of lone -1 ,men nrnnnr icc„nnnn of said perm i# District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter. Division shall mean the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. 1 10 The term "dFainane Drainage, where appropriate, shall include but not be limited to swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins. cross drains and canals. Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a load capacity in excess of two (2) tons, used for commercial/private use and used as a means of transporting persons or property over the public street of the city and propelled by power other than muscular power which have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle. Duplex. See "Dwelling, two-family." Dwelling unit shall mean a single unit providing complete independent living facilities for one (1) family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not attached to any other dwelling unit by any means; and occupied by one (1) family only. Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling units designed for or occupied by two (2) families, with the number of families in residence not exceeding one (1) family per dwelling unit. Easement shall mean a grant from a property owner for public or private utilities, drainage, sanitation, or other specified uses having limitations, the fee simple title to which shall remain in the name of the property owner._a gFant from a property owner or pu blio aoen Gy for the use of nr by certain person/s\ Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure of a building. E-Ayec anrt oorpioec shall not proieot beyond fe Fty eight (49) inshec into Fequired fFORt and rear yards. Eaves and GGFRiGe6 shall RE)t PFOjeGt iRtG FeqUiFed Side YaFGIG beYGRd twenty feuF (24) ipohes Electric charging station shall mean a parking space or portion of a property containing a device used to transmit electricity to the batteries of motor vehicles. Elevation certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in the local floodplain datum as required by Federal Emergency Management Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by oommopwealth the state; or local law to certify elevation information. Emitter shall mean the sprinkler head or other device that discharges water from an irrigation s s em Engineer means a professional engineer registered to practice engineering by the state who is in good standing with the state board of engineer examiners. r City of Atlantic Beach Land Development Regulations Update Enlargement or expansion shall mean an increase in size of any development that requires a development permit. Environmental assessment shall mean a study and a written report prepared in accordance with the State of Florida's approved methodology for wetlands determination in accordance with Section 373.421. F.S. and Section 62-340.300,_ FAC for verification and identification of environmental and habitat characteristics. delinen+inn of nncite Aietlnnrlc and native �uoland habitat no m.xell as an irlentifinn+inn of nni c i m c an v i i y r vi i v i rc `vrr, rrarrcT terra—rruorrrn. animal spenies nr habitat fniinrt on the site The ni,, —rn111-y, nonent an ncoeoo meat nreoaFed by a lineneert enPiirnnmental nrnfeccinnol and may alse require the nnnlinnnt to nht�i Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria: (a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, andor the St. Johns River Water Management District (SJRWMD); (b) Estuaries or estuarine systems; (c) Outstanding Florida wWaters as designated by the State of Florida and natural water bodies; (d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line; (e) Areas designated as conservation mon the future land use map; (f) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, a44d-the U.S. Fish & Wildlife Servise:Service, and the FDEP. Family shall mean one (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen (18). Persons living and cooking together in a domestic relationship and as an integrated single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family, provided that such alternative definition of family shall not exceed two (2) persons over the age of eighteen (18). The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements. Family day care home shall mean an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, that is operated and properly licensed in accordance with the laws and regulations of the State of Florida. Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. Pursuant to F.S. § 166.0445, the operation of a residence as a family day care home registered and licensed with the Department of Children and Family Services or other licensing agency shall constitute a permitted residential use and shall not require approval of a use-bV- exception. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include household children under 13 years of age: (a) A maximum of four (4) children from birth to twelve (12) months of age. 12 C City of Atlantic Beach Land Development Regulations Update (b) A maximum of three (3) children from birth to twelve (12) months of age, and other children. for a maximum total of six (6) children. (c) A maximum of six (6) preschool children if all are older than twelve (12) months of age. (d) A maximum often (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. as defined by state la �, �e ,� „ Depa*neRt of GhildreR and Family SeNiGeS eF ether kensing ageRGY Shall Gen6titute a permitted residential use and shall not ron„iro approval of a use by_exGeption Faulty well means any well completed into the Floridan Aquifer or Hawthorne GROUP which does not meet the requirements as specified in section 24 -2667 -of this chapter. Fence shall mean any baralvertical s+reimprovement constructed of wood, vinyl, lattice, masonry, fence wire, metal or similar materials for the purpose of enclosing, screening or separating land. Open frames, open trellises, or similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be construed as a fence, but shall comply with applicable regulations for such features as set forth within section 24-157 of this chapter. Fertilize-, fertilizing-, or fertilization means the act of applying fertilizer to turf, specialized turf or landscape plants. Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a building. Minimum required finished floor elevation is established by the FEMA insurance rate map (FIRM) and expressed as the minimum elevation of the top of the first floor of a building. Minimum FFE within the City of Atlantic Beach is eight and one-half (8.5) feet above mean sea level (see also subsection 24-8192Uk)). Floodprone areas shall mean areas inundated during a 100 -year flood event or areas identified by the Federal Emergency Management Agency as an A Zone on flood insurance rate maps (FIRM) or flood hazard boundary maps. Florida -friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife. responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost. minimizing the use of irrigation, and proper maintenance. Floor area shall mean the sum of the horizontal areas of all floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. Floor area ratio shall mean the ratio of a building's total floor area (gross floor area) to the size of the lot or parcel upon which it is built. Floridan Aquifer System means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water -yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the 13 I City of Atlantic Beach Land Development Regulations Update Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan maV or may not contain water under confined conditions, depending on the extent of low permeabilitV materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Floridan Aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn Formation form the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone. Foster home shall mean any establishment or private residence that provides 24-hour care for more than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, and whether or not operated for profit which is licensed and operated in accordance with state and any other applicable regulating agencies. y� Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE). W+th+e the Qty of WlAntin Rear�� qui�frrreeboaFd iS tNO aR d eRe?If (2.5) feet-. Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids or gases used as fuel in motor vehicles, typically designed as a single unit capable of dispensing fuel to two (2) motor vehicles at the same time. Future land use, as used in this chapter, shall mean the future land use as designated by the adopted GComprehensive Plan future land use map, as may be amended. Garage apartment shall mean a dwelling unit for not more than one (1) family, which is combined in the same structure with a private garage, allowed only as set forth within section 24- 899. of seRtmeR. 24 W. Garage, apartment building shall mean a building, designed and intended to be used for the housing of vehicles, belonging to the occupants of an apartment building on the same property. Garage, private shall mean a detached residential accessory structure or a portion of the principal building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property belonging to the occupants of the principal building. A carport shall be considered as a private garage. GORverted te eF used as a dwelliRg --mit. Ne heme 9GGWpatia—m shall -he r--endYGted with a private garage, unless appreved- ip yAth the pmvisieRs Gf SGGtjGR 24 159. A G@FPGFt Shall be senside.ed as a private garage see S, bSeGtinn 24 151 (b) 14rJ Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the parking, storage and hiring of motor vehicles. o, bli^ garages shall be permitted nnh/ Within nnmmornial anrd industrial zeniRg ldistrintc 14 Garage sale shall mean a temporary event for the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale. Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane, hydrogen or other fuels intended for use in motor vehicles. Goal as used in the City's Comprehensive Plan shall mean the long-term end toward which programs or activities are ultimately directed. Governing body shall mean the City Commission of the City of Atlantic Beach. Government use shall mean the use of lands owned by the federal, state or local government wed for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government, which are converted to private ownership, shall comply with the requirements of the particular zoning district classification and the eComprehensive -p-Plan. Grade, calculated average shall mean the average elevation of a site, calculated prior to.- any development;_ aF redevelopment,^feste; or any future topographic alteration of a site. T#e GaIGHlated average gr -Ade shall -he used feF determinatien of the maximum allowable g4-ef bui-ldiRg 9R paFGe!S that have tepegFaphiG@l variatieR ef mere than two (2) feet as demenstrat egl lidiStaat intervals arrocc the buildable area of a parcel For sites wheFe natural topegraphy has been previously altered or where existing strurtur Fe in the came meth d shallused lbe sed eXGl61Ain9 areas iyhere evicting ctrl GtI ares remain i Grade, established shall mean the elevation of a site after any duly authorized and approved fill, excavation or topographic alterations have been completed. Extent as required to meet ie� 15 City of Atlantic Beach Land Development Regulations Update 35' Reconstruction Established Figure 1 Grade, established Grade, preconstruction shall mean the elevation of a site prior to development, redevelopment, or any topographic alterations. 33' Ground cover means a low -growing herbaceous or woody plant other than turf, not over two 2) feet high, intended to cover the around. Group care home shall mean any properly licensed dwelling, building or other place, whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a period exceeding twenty-four (24) hours is provided and involves one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, but who require such services. The personal services, in addition to housing and food services may include, but not be limited to, personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services other than distribution of prescribed medicines. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing_ ca ability claimed to be present in a fertilizer. Guest house or guest quarters shall mean a building or portion therein used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. n guest he ice nr n lest q 124erc shall net he enn„erted to or used as , b it May enntain a kitchenette as defined heroin Hawthorne Group well means any well that penetrates a portion of the Hawthorne Formation_ with a screened or open hole segment terminating within the Hawthorne Formation. Height shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachment thereto, exclusive of chimneys. 16 City of Atlantic Beach Land Development Regulations Update average gr-ade, but shall provide the height of b iilrlinn nc mood iron from the established grade on the elevation sheets Of nnnstn irtinn Plans Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. High volume in-igation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (gph) or one-half (5) gallons per minute (gpm) or greater. High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses. Home occupation shall mean any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for residential purposes and does not change the residential character thereof. Home occupations shall be allowed only in accordance with the requirements of section 24-159. Z�_'I ipment other than nermal Off iGe eq uipment and shall RE)t GFeate any additieRa 1 daily traff iG. Hospital shall mean any institution or clinic, which maintains and operates facilities registered, licensed and operated as a hospital in accordance with the State of Florida regulations, for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convalescent home or similar institutional use. Hotel, motel, resort rental, or bed and breakfast shall mean a building, or portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily nr week4ydaily, weekly, or monthly lodging, properly licensed and operated in accordance with State of Florida regulations.- This definition shall not include private homes leased for periods exceeding ninety (90) days. Hydrozone shall mean an irrigation watering_ zone in which plant materials with similar water needs are grouped together. 17 H drozone clan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone. 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. Improvements shall include, but not be limited to, structures, buildings, fences, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, stF� tomes, signs, street lights, landscaping, monuments, or any other improvement to landas may he required by the . 'it„ G(;E)Mmissien er those Innrl rdevelenment reguletiORS Institutional applicator means any person, other than a private. non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands. schools. parks. religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Institutional use shall mean thea stpuGture e land GGGUpied by a gFOLIP, GOOperative, beard, agennv er ernanizatinn Greeted fer the n„rnese of Germing en f„netienc+ use intended for social services, non -profits, or quasi -public institutions. Design standards for each institutional use may vary and should be considered on a case-by-case basis. GUGh as hospitals, SGhGGIG, GhHFGhes, #ernes. Intensity shall mean an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services. Intertidal zone (or littoral zone) is the area along a shore that lies between the high and low tide marks, bridging the gap between land and water. At high tide, the intertidal zone is submerged beneath the water, and at low tide it is exposed to air. Irrigation zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve. Irrigation system means a permanent. artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices. Isolated wetland shall mean a wetland area that4sdefined as isolated wetlands by the State of Florida or the U.S. Army Corps of Engineers. ^et nn,•t of a s„rfeee ,water trip„ten, system enrd Which is defined bV the felleW'Rq ehero steristies• W-1 �r City of Atlantic Beach Land Development Regulations Update A Junk yard. See "Salvage yard." Junked vehicle shall mean anv abandoned. discarded. or inoperable motor vehicle. includin any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in anv zoning district unless expressly permitted within that zonina district. Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming parlors or pet shops. Kitchen shall mean an area of a building permanently equipped for food storage, preparation, or cooking. Kitchenette shall mean an area within a building containing limited kitchen facilities such as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet. Land shall mean the earth, water and air, above, -of below, or on the surface, and includes any improvements or structures customarily regarded as part of the land. Land development regulations; as used with ,^ this Code, shall have the same meaning as defined in Sestiep 163.3164, PaFida Statutesa;d—shall mean this chapter and any other ordinances enacted by geyeFninn be4L6the City for the regulation of anv aspect of land use and development and include zoning, rezoning, subdivision, building, an4 construction, or sign regulations or -a -n4 other regulations controlling the use and development of land. Land use shall mean anv development that has occurred . anv development that is proposed by an applicant, or the use that is permitted or permissible pursuant to the adopted Comprehensive Plan or element or portion thereof, or land development regulations, as the context may indicate. Landscape plant shall means any native or exotic tree, shrub, or groundcover (excluding turfl. Landscaped area �c �,�o� in + ... .....inn shall mean the vegetated area of a lot or parcel including planted and natural areas. , as but Ret limited to, grass, gFOURd GOVeFS, Shrubs, ViRes, hedges, tFees 9F palms; and RGRI*V*Rg durable materials Gernmenly used in landEiGap'Rg, SUGh as but Ret limited te, FOGks, pebbles, , walls, eRGes,bermes, SGUI Pt-arzc and foun+niRS, but exGluding paving Landscaping shall means any combination of living plants. native or installed, including grass. ground covers. shrubsvines. hedges. or trees. Landscaping may also include landscape elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such landscape element has a solid roof. Laundromat, self-service shall mean a business that provides noncommercial clothes washing and drying or ironing machines to be used by customers on the premises. Level of service shall mean an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facilitv. Level of service shall indicate the capacity per unit of demand for each public facility. 1 19 Live -aboard vessel shall mean: 1) Any vessel used solely as a residence and not for navigation: or 2) Any vessel represented as a place of business, a professional or other commercial enterprise; or 3) Any vessel for which a declaration of domicile as a legal residence has been filed with the clerk of the circuit court of Duval County, Florida in accordance with F.S. § 222.17. A commercial fishing boat is expressly excluded from the term live -aboard vessel. and this orehmMmeRdefinition shall not be construed to include watercraft or cruising vessels that are engaged in recreational activities or navigation and traveling along the intracoastal waterway from anchoring temporarily or overnight. Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by See#+eeF.S. § 847.001(2), Fl@rima Statutes. Livinq area, minimum, shall mean conditioned space within a dwelling unit utilized for sleeping, eating, cooking, bathing, washing, and sanitation purposes. Loading space shall mean a space within the main building or on the same property, providing for the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of this chapter. Local planning agency shall mean the Community Development Board for the City of Atlantic Beach which shall have the powers and duties set forth by the Community Planning Act, Chapter 163, Florida Statutes, this chapter and Chapter 14. Lot shall mean a tract or parcel of land and shall also mean the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified. sha4 r eaR a r»rnol of 1-r,id nnni pied nr infonrdoA f4 -:)r nnra mann„ by a use permitted within this GhapteF and haViRg its FequiFed ftontage UPE)R a street Fight of way Or normoneRt ovoomont aR d as may be rdefiRe d in GhapteF W7 Florida Statutes. Lot area shall mean the area formed by the horizontal plane within the lot lines. Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflictina with the prevailina development pattern of the adiacent T -helots. the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot17 Tthe exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located. Lot, interior shall mean a lot other than a corner lot with only one frontage on a street. Lot depth shall mean the distance measured from the middle point of the front lot line to the middle point of the opposite rear lot line. 1 20 -6, r City of Atlantic Beach Land Development Regulations Update Lot line shall mean the legal boundary of a lot as established by a certified land survey. Lot of record shall mean: (a) A lot that is part of a documented subdivision, the map of which has been recorded in the office of the clerk of the circuit court; or (b) A lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of the clerk of the circuit court, consistent with and in compliance with land development regulations in effect at the time of said recording. Lot types. A = Corner lot, defined as a lot located at the intersection of two or more streets. A lot abuttinq on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. B = Interior lot, defined as a lot other than a corner lot with only one frontage on a street. C = Double frontage lot or through lot, defined as a lot other than a corner lot with frontage on more than one street. Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. Low intensity retail shall mean those businesses that provide goods for the closely surrounding neighborhood including, but not limited to, the sale of wearing apparel, toys, sundries and notions, books and stationery, luggage, and jewelry. Low intensity service establishments shall mean those businesses that serve the needs of the closely surroundinq neighborhood including, but not limited to, beauty and barber shops, shoe repair, dress makers, and laundry pick-up. Low maintenance zone means an landscape area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed 4 -sr -de Wo minimize the need for fertilization, watering, mowing, etc. Low volume or micro irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include dripmicrotrickle and soaker systems. Marina shall mean an establishment with a waterfront location or storing water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and includes+ng accessory facilities for purposes such as refueling, minor repair and launching. Master development plan or master plan shall mean a planning document that integrates plans, orders, agreements, designs, and studies to guide development as herein defined and may include, as appropriate, authorized land uses, authorized amounts of horizontal and vertical development, and public facilities, including local and regional water storage for water quality and water supply. Mean high watershall mean the average height of the high waters over a 19 -year period. -GF #For shorter periods of observationsl; "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 -year value, as defined in Ghapte-r--F.S. § 177.27''x', F4G a Stat te-s 21 City of Atlantic Beach Land Development Regulations Update Mean high waterline shall mean the intersection of the tidal plane of mean high water with the shore, as defined in F.S. § 177.27 and is generally recognized as the boundary between state sovereignty lands and uplands subject to private ownership. that lino o taU hard h„ a Clnrida ectablichoc Oho hniinrinni lino nlnnn nrniinohlo �e�ateFs beb.yeeR submernor' Ionr' innli dbg tho �cca-prrv„a�--� �c-scarc� �--uccvrccn �cr�„�rcr� ��ar,vv-,i-rvrcrvm��rrc feFeshero owned by the state in itc cnvoroirYn nnnnnity and i inlaRG16 Whinh may be s b*eGt t nriv�to nuinorc+hin Mean sea level (MSL) {shall mean] the average height of the sea for all stages of the tide, which is t#e—a national standard reference datum for elevations, it i the average height of the sea f9F all stages ef the tide., usually detepmined fre.m. lheuriy height abservatiens GVeF a 19 yea Medical marijuana treatment center means a facility licensed by the Florida Department of Health that can cultivate, process, transport or dispense marijuana or marijuana related products in accordance with F.S. § 381.986, as amended. Medical marijuana treatment center dispensing facility means a facility licensed and operated for the purpose of dispensing medical marijuana, in accordance with F.S. § 381.986, and all other applicable local and state rules, regulations and statutes. Medical product manufacturing shall mean facilities that manufacture prosthetic appliances, dentures, eyeglasses, hearing aids and similar medical products. Mini -warehouses or personal storage facilities shall include all those businesses Gornmenly kRey,n n6 miniy4a;rehew6es, which Beare utilized for the sole purpose of storage of tangible personal property other than motor vehicles. No business activity shall be conducted within mini - warehouses or personal storage facilities. Mixed use shall mean a development or redevelopment project containing a mix of compatible uses intended to support diversity in housing, walkable communities, -and -a the need for less automobile travel and a more efficient use of land. Uses within a particular mixed—use project shall be consistent with the land use designations as set forth within the scomprehensive p2lan and the requirements of this chapter. Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities including plumbing, heating, air conditioning, and electrical systems. Mobile Food Vending Units means a public food service establishment that is either self- propelled or otherwise movable from place to place which is properly licensed and operated in accordance with state regulations. A mobile food vending unit must have, as part of the unit, a three -compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate hand wash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP -gas, or portable power generation unit; a potable water holding tank; and a means for liauid waste containment and disposal. Mulch means organic materials customarily used in landscape design to retard erosion and retain moisture. 22 I City of Atlantic Beach Land Development Regulations Update Natural event means an unusual, extraordinary, sudden, unavoidable or unexpected manifestation of the forces of nature beyond control of any person which may include, but not be limited to, hurricanes, windstorms, floods, storms, fire, acts of war (declared or undeclared), acts of terrorism, failure of energy sources and other catastrophes. An event shall not be considered a natural event if it results from the intentional or deliberate act of the owner. Natural resource based recreation shall mean activities, such as kayaking, canoeing, rowing, biking, hikinq, bird -watching, fishing and similar activities that allow interaction with nature in a manner that does not damage, disrupt or interfere with the natural setting of the resource. Newspaper of general circulation shall mean a newspaper which meets the requirements of Chapter 50, Florida Statutes, and published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates but does not include a newspaper intended primarily for members of a particular professional or occupational group, or newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Nonconforming, legal lot of record shall mean a lot of record containing less than the minimum site area, site dimensions or other site requirements of the applicable zoning district, or which is not otherwise in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was in compliance with all applicable regulations at the time such lot was legally recorded and documented in the public records of Duval County, Florida prior to the effective date of such land development regulations (see "Lot" and "lot of record"). Nonconforming legal structure shall mean a structure or building or portion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations. Nonconforming legal use shall mean the use of a structure or building or portion thereof, or land or portion thereof, which does not conform with the land development regulations and / or sComprehensive p.Elan future land use map designation applicable to the lands in which the use is located, but which was legally established prior to the effective date of such land development regulations or sComprehensive -pPlan. Objective as used in the City's Comprehensive Plan means a specific, measurable, intermediate end that is achievable and marks progress toward a goal. Occupied includes designed, built, altered, converted to or intended to be used or occupied. Office use shall mean customary administrative functions associated with a business and uses involving professional services conducted within the business that do not involve on - premises production, manufacture, storage or retail sale of products. Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets, structures and screened or impervious roofed structures shall not be allowed in required open space. Outdoor area shall mean an area not enclosed in a building and which is intended or used as an accessory area to a public food service establishment which provides food and/or drink to patrons for consumption in the area. 23 I City of Atlantic Beach Land Development Regulations Update Pain Management Clinics shall mean any publicly or privately owned facility that advertises in any medium for any type of pain -management service or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain, pursuant to State Statutes. nrm Parcel orparcel of land shall mean any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context. Parking, accessible shall mean parking spaces designed in compliance with the 2010 Americans with Disabilities Act (ADA) of 1988 Standards for Accessible Design ("2010 StandardsD onrJ Cnnili+ioc (AD AG) as may be amended. Parking lot shall mean a44 surface area or structure used exclusively for the temporary parking of motor vehicles, whether or not a fee is charged (see section 24-164-2). Parking space, off-street shall mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room; but located totally outside of any public or private right-of-way, street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements of section 24-161. Patron shall mean any guest or customer of a public food service establishment. erimeterlandscape means a continuous area of land which is reauired to be installed alon the perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse environmental, aesthetic, and other neaative impacts between uses. Permitted use shall mean the uses and activities that are allowed within a particular zoning district as described within di„is�5 Afthis chapter. In the case of question regarding a typical or similar use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Pharmacy means a retail store licensed and regulated under F.S. Ch. 465, where prescription and other medicines and related products are dispensed and sold, but where the retail sale of other non-medical and miscellaneous products may also be sold. Planning agency shall mean the GCommunity dDevelopment -bBoard, or any other agency designated by the eCity eCommission, to serve those functions as the city's local planning agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the sCity c -Commission. Plat, final subdivision means the plat to be recorded in accordance with engineering plans, specifications and calculations; certification of improvements, as -built drawings, or performance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a 24 development or a phase of a development or the entire parcel of land proposed for development as required pursuant to article IV of this chapter. Plat, re -plat, amended plat, or revised plat shall mean a map or delineated representation of the division or re -division of lands, being a complete and exact representation of the subdivision and including other information in compliance with the requirements of all applicable sections of this chapter, the GComprehensive pPlan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes. Policy in the context of the City's Comprehensive Plan shall mean the way in which programs and activities are conducted to achieve an identified goal. Principal building shall meaR shall mean a building within which is conducted the main or principal use of the lot or property upon which the building is situated. Principal use shall mean the primary use of land, as distinguished from an accessory use. Privacy structures shall means vertical s+r'--&improve ments such as trellises, screens, partitions or walls, that are intended Wr ri'—for the purpose of creating privacy for a baGkrear yard ar aR e)derinr, rlonlr as opposed to a fence which encloses or separates land. Private well means a shallow aquifer. Hawthorne. or Floridan well that is not a public potable water well. Professional surveyor and mapper shall mean a surveyor and mapper registered under Chapter 472, Florida Statutes, who is in good standing with the Board of Professional Surveyors and Mappers. Projection means architectural features such as but not limited to a bay window, dormer windows, balcony, or sundeck c^ '^^^ +hoc+n nrnion+inne mon+ +thncion rnrvuirmmen+c subject to the provisions set forth in this Schapter. Prohibited application period means the time period during which a flood watch or warning. or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of Atlantic Beach, issued by the National Weather Service, or if heavy rainfall is likely. Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or more lots are considered together for the purposes of development. Public facilities shall mean—a major capital improvements, including without limitation transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities. Public food service establishment and food service establishment shall mean any building, restaurant, vehicle, place, or structure, or any room, division, or area in or adjacent to a building. vehicle, place or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises: called for or taken out by customers: or prepared prior to being delivered to another location for consumption. Public notice shall mean notice required by F.S. § 166.041. The public notice procedures required in this chapter are established as minimum public notice procedures for the City of Atlantic Beach. 1 25 Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents. Public notable water well means anv water well completed into the Floridan Aquifer. which supplies potable water to a community water system or to a nontransient, noncommunity water system as those terms are defined in Rule 62-521.200 Florida Administrative Code. Public water suooly utility er "Utility' means the owner of a public potable water well or wellfield. Recreational vehicle (RV) shall include the following types of vehicles: (a) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed; designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified as a travel trailer by the manufacturer of the trailer; and when factory equipped for the road, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. (b) Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses. (c) Camping trailer shall mean a collapsible, temporary Dwelling covered with a water- repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses. (d) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and is designed for travel, recreation and vacation uses. (e) Vans or similar enclosed vehicles specially equipped for camping. Residential Treatment Facilities (RTF) are community-based residences for individuals exhibiting symptoms of mental illness who are in need of a structured living environment. Residents are limited to those 18 years of age or over. These facilities were designed to provide long-term residential care with an overlay or coordination of mental health services. A state license covers five levels of care that range from having nurses on staff for 24 hours a day to independent apartment residences that receive only weekly staff contact. Restaurant shall mean any establishment structure where food is prepared or served for consumption on or off the premises or within an enclosed business or building. Retail establishments shall mean those businesses that provide goods for the surrounding community including, but not limited to, the sale of lumber, hardware, building materials, photo supplies, sporting goods, hobby supplies, pet supplies, home furnishings, and office equipment as well as low intensity retail establishments. Right-of-way shall mean land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies whether established by prescription, easement, dedication, gift, purchase, eminent domain, or other lawful means., 4177 031 gift,land ieserved feF a publiG use, whether established by preSGriptiGR, easement, dediGation, P�„r�TG ase eminent domain or ether layA„I means Risk of contamination means the existence of a faulty Floridan or Hawthorne well located within a wellhead protection area. a source of contamination, and/or a gradient in the shallow 26 City of Atlantic Beach I' - Land Development Regulations Update aquifer towards the faulty Floridan or Hawthorne wellcreating a threat to a public p able Wwater well due to cross contamination between aquifers or source waters. Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials from manufacturing operations or for any type of automotive repair. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this 4N4&iepchapter soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Screening shall mean improvements that conceal the existence of something by obstructing the view of it. . an evergFeen variety that shall ferm a year round visual barrieF and shall FeaGh a FniRiMUM heigh of six (6) feet at maturity; or aR epaque weed, rnasE)Rry, bF'Gk eF similaFly GE)nStFLIGted feRGe, wall or barFoeF. WheFe a fenG8, wall E)F similaF type -harrier is used, G9R6tFUGtiGR mateFials, fini.sh and n y>nrr�. r�ealnandSGapedbeFM may be used ir, plane of a feRnn wall nr +rove Seat shall mean, for the purpose of determining the number of required off-street parking spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required seat. Service establishments shall mean those businesses that serve the routine and daily needs of the community in which it is located including, but not limited to, low intensity service establishments, barber or beauty shops, shoe repair shops, laundry or dry cleaners, funeral homes, electronics repair shops, lawn care service, pest control companies, and similar service uses but not including manufacturing, warehousing, storage, or high intensity commercial services of a regional nature. IN IM eMOVI-MMIA Setback shall mean the required distance between the lot line and the building or structure. Unless otherwise provided for within this chapter, setbacks shall be measured from the property line to the exterior vertical wall of a building or structure as opposed to the foundation. See also definition for building setback. Shopping center shall mean a group of retail and other commercial res9, she establishments that is; planned, developed, owned and managed as an single property, typically with on-site 4+onrnl , mi+' ,e,i+h off c+rnn+ parking provided '.n the property, and related in Irmo+inn size '�s#anps -# o of e +hn trade area parking chnnninn Ge Rter seFves � Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses. 27 l Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous from the base naturally growing to a mature height between two (21 and twelve (12) feet. Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. Sign shall mean any identification, description, illustration, or device illuminated or nonilluminated, which is visible from any outdoor place, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information, with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. Single Ddeveloament parcelereiec4 shall mean a unified development constructed or reconstructed on contiguous lands. Multiple adjacent platted lots shall be considered a single development parcel when: a) removing anV of the parcels would create a nonconformity, b) typical elements of a single development are shared across a lot line such as access points, accessory structures, or architectural projections, or c) any permitted structure is located across a lot line (with the exception of fences). Removal of elements from a single development parcel shall not revert any lot back to an individual buildable lot unless minimum lot standards can be met. Site development plan shall mean a plan of development including surveys, maps, drawings, notations and other information as may be required depicting the specific location and design of improvements proposed to be installed or constructed in accordance with the requirements of this chapter. Slow release–, controlled release–, timed release–, slowly available–, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Special Planned Area shall mean a zoning district classification that provides for the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A special planned area shall also include a commitment for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants or patrons thereof. Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated by a flood event having a one -percent chance of being equaled or exceeded in any given year. SFHAs are labeled as zone A, zone AO, zone AH, zones Al—A30, zone AE, zone A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/A1—A30, zone AR/A, zone V, zone VE, and zones V1—V30. Stormwater Management System shall mean the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site or area. W City of Atlantic Beach Land Development Regulations Update Stormwater runoff means the portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system. Story shall mean that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and ceiling above. Street shall mean any public or private access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers. ;d-easements-Gf --pal rneaRs ef ar.r.ess te prop I",. Thi_ IaHe, plaGe, way, alley OF ethe mea R6 of iRgFess OF egress, ,irega4ess of the term con to deonrihe i+ Rgure 2 Street Street classifications shall mean the classification of streets into the following three categories: Arterial highway system: The group of roads constituting the highest degree of mobility and --largest proportion of total travel. Collector road system: The group of roads providing a mix of mobility and land access functions, typically within a given county or urban area, linking major land uses to each other or to the arterial highway system. The collector road system is composed of rural major collector roads, rural minor collector roads, and urban collectors (differentiation between major and minor classes is not made in urban areas). we 4,t�oa,��> Local street system: The group of roads having land access as their primary purpose, typically within a portion of a county or urban area. Although providing the largest proportion of road miles, this system contributes little to total highway travel due to short trip lengths and low volumes. Street, private shall mean a street that is privately owned and maintained, and where a properly recorded private easement has been approved by the appropriate city ageRG . Street, public shall mean a street legally dedicated to public use and officially accepted by the city. Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street. Structural alteration shall mean any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean anything constructed, installed, or portable, and which is over thirty (30) inches in height or requires a building permit, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. "Building" or "structure" includes parts thereof and these terms may be used interchangeably. shall mean that Whieh is built, GeRStr1 rc+ed placed er erected, Which is thiFty (30.) inches or mere in height, inch ding med tlart nrmanfactirred and mehile hemes storage tanks, or A-t,.h.P-.r rnan.nnade faGilities and infFaStFUGtHFe SUGh as, towers, smekestaGks, utility poles, beGGRSideFed�'.s 2 SiRgle strr e - Subdivision shall mean the division of land into three (3) or more lots- tracts, tiers, blocks, sites, units, or any other division of land: and may includes establishment of new streets and alleys, additions, and resubdivisions: and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.er oarcels which magi inch de establishment of _-- -rNO W-11 OMMCM Substantial damage shall mean damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before -damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Surety device means an agreement with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement. Surface water means water on the surface of the ground whether or not flowing through definite channels, including the following: 30 City of Atlantic Beach Land Development Regulations Update (1) Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline; (2) Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, pully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks; or (3) Any wetland. Surveyor, land, means a land surveyor registered under Chapter 472, Florida Statutes who is in good standing with the Florida State Board of Engineer Examiners and Land Surveyors. Temporary and portable buildings and structures means any building or structure constructed or erected to not require permanent location on the ground. The City of Atlantic Beach Approved Best Management Practices Training Program means a training program approved per F.S 403.9338. or any more stringent requirements set forth in this a#4G echapter that includes the most current version of the Florida Department of Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008." as revised, and approved by the City of Atlantic Beach Public Works Director. Theater shall mean an establishment offering dramatic presentations or showing movies to the general public. Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Services, and [the] U.S. Fish and Wildlife Service. Tower site means a parcel on which a communication tower and related accessory structures are located, which may be smaller than the minimum size required in the zoning district. Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more attached units with ownership lines separating each dwelling unit through a common wall(s) and where ownership of each dwelling unit is held in fee -simple title for property as defined by a metes and bounds or other valid fee -simple title legal description. DevelOpMeRt of +eWRheuses, G GO.I.-ISIOR tO tGWRhouses, shall be allowed only iR GOMPI*aRG8 with PE)Fida ding Gsdes, established by the GGmpFehensive PlaR, and with SeGtieR 24 97 and aFtiGle IV E) this Ghapteeir aas v.fell als app"Gable pFevisiens ef Part 1, QhapteF 177, PeFida Statutes. Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for transporting a boat, animal, equipment or general goods. See also "Recreational vehicle." Transitional Living Facility is a residential facility that assists persons with spinal cord injuries and persons with head injuries to achieve a higher level of independent functioning in daily living skills. 31 City of Atlantic Beach Land Development Regulations Update Transportation Network Company or "TNC" means an entity operating in this state pursuant F.S_§ 627.74844_4 to using a digital network to connect a rider to a TNC driver, who provides rearranged rides. A TNC is not deemed to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract. and is not a taxicab association or for -hire vehicle owner. Travel trailer park or court shall mean a park or court, licensed and approved by the eState beafd-e€ healt#of Florida, and established to carry on the business of parking travel trailers and other recreational vehicles. Turf. sod, or lawn means a piece of grass -covered soil held together by the roots of the grass. Upland buffer shall mean areas of uplands a fEe g -adjacent to a delineated Jurisdictional wetland boundary asffiderestricted from development. c„nh h„ffors nreteGt w ,Hands free. the im_non}o of adianen} land use. Wetlonric GeFVe nccnn}iol nnnlnninol fi mn}inno c i roh oo rnrdninn downstream c}nrmWa"_ar AMA rnnhorn inn nrni mrd im nrnving �ein}or n�inli}v nnld nrnvirling water.� rdlife hobo#o# CZE #ers hnln wet4ands fi inn#inn by filtering c#nrm ri ineff from of irrni i 4dinn ideyeln mon} }ro in se dimon# nhenrbin nutrients. and attenuatiRG high flews. gw TefT r)Fove hobotat aa.reasaas nnrl ghyc inglly connrn}o Wo}Innrdc nnrd oc}Wnrioc frn Urban landscape means pervious areas on residential, commercial, industrial, institutional. highwayri hts-of-wav, or other nonagricultural lands that are planted with turf or horticultural Ip ants. - Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these land development regulations and the Comprehensive Plan. Use of land means use of land, water surface, and land under water to the extent covered by these land development regulations and the Comprehensive Plan, and over which the City Commission has jurisdiction. Use -by -exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. A use - by -exception may be granted only in accordance with the express provisions of section 24-632-3 of this chapter. Utilities means, but is not necessarily limited to, water systems, electrical power, energy, natural gas, sanitary sewer systems, stormwater management systems, and telephone, internet or television cable systems; or portions, elements, or components thereof. Valuation or value means, as applied to a buildinq, the estimated cost to construct or replace the building in kind, or in the correct context, may mean the fair market value of a structure. Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an 1 32 City of Atlantic Beach Land Development Regulations Update allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 24-645 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading spaces and access drives within property located in the commercial and industrial zoning districts. Vested development shall mean a proposed development project or an existing structure or use, which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from certain requirements of these land development regulations and/or the sComprehensive Plan. Veterinary clinic shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but shall not include the boarding of well animals. Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations contained within City Code which may be approved by the City Commission pursuant to Section 24-66.; when it is demenstrated that Gempl+aRE;e with sy and spirit of the land develepment—FegufatieRs are eRfGrGed A waiver shall not modify any requirement or term customarily considered as a variance. nr ter,,, rerv„iremeRt OF term PFehihi+ed Watercraft shall 4wAudemean every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within the City of Atlantic Beach. Wellfield means more than one (1) public potable water well owned by a public water supply utility in close proximity to each other. Wellhead protection area means an area consisting of a 500 -foot radial setback distance around a public potable water well or wellfield where the most stringent measures are provided to protect the ground water sources for a potable water well and includes the surface and subsurface area surrounding the well. Wellhead protection area map means a map showing the location of the boundary of each of the wellhead protection areas in the City. Wetland Buffermeans a desiqnated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland. Wetlands shall mean those areas as defined by state law that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of actual wetland boundaries and the jurisdictional authority of such areas may be made by professionally accepted methodology consistent with the type of wetlands being 33 City of Atlantic Beach Land Development Regulations Update delineated but shall be consistent with any unified statewide methodology for the delineation of wetlands. Xeriscaae means water conserving landscape design utilizing native or drought tolerant vegetation and water efficient irrigation systems. Yard means a required area on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided for within this chapter. Yard, front means the required yard extending across the full width of the lot, extending from the front lot line to the front building setback line as established by the zoning district designation. Yard, rear means a required yard extending across the full width of the lot, extending between the rear lot line and the rear building setback line as established by the zoning district designation. Yard, side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation. Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district classifications on property within the municipal limits of the City of Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-18. - AcronVms. ADA Americans with Disabilities Act ADAAG Accessibility Guidelines for Buildings and Facilities BFE Base Flood Elevation BMP Best Management Practice BRL Building Restriction Line CBD Commercial Business District CCCL Coastal Construction Control Line CG Commercial General CL Commercial Limited CON Conservation Zoning CPO Commercial, Professional Office DCFS Department of Children and Family Services Duplex Dwelling, Two Family EIFS Exterior Insulation and Finish Systems FAC Florida Administrative Code FAR Floor Area Ratio FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FFE Finished Floor Elevation FIRM Flood Insurance Rate Map GIS Geographic Information Systems GPH Gallons per Hour GPM Gallons per Minute IFAS Institute of Food and Agricultural Sciences ISR Impervious Surface Ratio 34 C City of Atlantic Beach Land Development Regulations Update LIW Light Industrial Warehouse MSL Mean Sea Level NGVD National Geodetic Vertical Datum of 1929 NAVD North American Vertical Datum of 1988 NPDES National Pollutant Discharge Elimination Systems OSB Oriented Strand Board PCPs Permanent Control Points PRM Permanent Reference Monument PUD Planned Unit Development RG Residential, General, Two -Family RG -M Residential, General, Multi -Family RS -1 Residential, Single -Family RS -2 Residential, Single -Family RS -L Residential, Single Family, Large Lots R -SM Residential. Selva Marina RV Recreational Vehicle SFHA Special Flood Hazard Areas SIC Standard Industrial Classificatio SJRWMD St Johns River Water Management District SP Special Purpose SPA Special Planned Area TMP Traditional Marketplace VUA Vehicular Use Area Secs. 24-1.99-24-30. - Reserved. 1 35 City of Atlantic Beach Land Development Regulations Update Im ARTICLE III. - ZONING REGULATIONS DIVISION 1. - IN GENERAL . yl Sec. 24-31. - Scope. The provisions of this chapter shall be administered in accordance with the rules set forth within this article and the detailed regulations governing each zoning district. Administrative procedures and the responsibilities of the sCity sCommission, the sCommunity dDevelopment dDirector, and the sCommunity dDevelopment dBoard are set forth herein. Procedures for the filing of applications for amendments to this chapter, the appeal of decisions on any matter covered within this chapter and the land development regulations are also included herein. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Secs. 24-32-24-45. - Reserved. DIVISION 2. -ADMINISTRATION Sec. 24-46. - City i Commission. It shall be the responsibility of the eCity GCommission to perform the following duties and responsibilities in accordance with this chapter: (a) To enforce this chapter in accordance with, and consistent with, the adopted sComprehensive p.Elan for the City of Atlantic Beach. (b) To make amendments to the sComprehensive Plan, this chapter, the zoning map by a simple majority vote of the GCity sCommission after holding required public hearings, and after considering a written recommendation from the sCommunity dDevelopment dBoard performing its functions as the local planning agency. (c) To approve or deny requests for subdivisions, plats and changes to plats and other previously approved special conditions of use or development in accordance with the requirements of this chapter after holding required public hearings and after considering a written recommendation from the sCommunity dDevelopment dBoard where required by this chapter. (d) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of the land development regulations as set forth within this chapter and as may be contained within other chapters of City Code. when it is denge Mrr ted that GGMpliaRGe with of IG1 Of QFdiRaRGe, (e) To establish fees related to the administrative costs of carrying out the requirements of this chapter. 36 (f) To appoint a sCommunity dDevelopment dDirector to administer the provisions of this chapter, who shall be the eCity mManager or his designee. (g) To hear and decide appeals where it is alleged there is an error in any order, requirement or administrative decision made by the sCommunity dDevelopment dDirector in the enforcement of this chapter or other provision of the Code of Ordinances regulating the use and development of land. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-47. - Community a Deveiopment bBoard. The sCommunity dDevelopment bBoard shall be appointed by the sCity sCommission. The organization and procedures under which this board operates, its arrangement of meetings, adoption of rules and its method of hearing and acting upon variances, uses -by -exception or other related matters shall be in conformity with the provisions as set forth within this chapter and chapter 14 of {the} City Code. It shall be the responsibility of the sCommunity dDevelopment bBoard: (a) To approve or deny use -by -exceptions and variances in accordance with the provisions of seGfieR 74-645this chapter. (b) To hear and make recommendations to the sCity eCommission related tom c, ,hmi++or! +n the ni+„ for use by ovnnr,+i„r,e changes in zoning district classifications, and amendments to the sComprehensive p.Elan. s based upon inely evid—rVe A–r vAere 4 06 deteFmiRed that a pFeviews GIeG 6 GR was made (dj Rulings and decisions of the -.Community dDevelopment bBoard shall_ " —peGerne 6mmediately effes+iVe „r,io-- r-+heZfise ordered by the heard constitute rendition of such decisions and rulings and, unless a later dated written order is issued, the date of the meeting at which the decision or ruling was made shall be the effective date of such ruling or decision, subject to any timely filed appeals. (e�) The sCommunity dDevelopment bBoard shall also serve as the tLocal PPlanning aAgency for the City of Atlantic Beach and shall provide those functions as set forth in Chapter 163, Florida Statutes, as may be amended. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-48. - Community dDevelopment dDirector. The sCommunity dDevelopment dDirector shall have the following authorities and responsibilities: (a) To administer and implement this chapter and accomplish actions required by this chapter, including proper notices as specified in this chapter or as otherwise required, and the receiving and processing of appeals. (b) To provide written instructions to applicants related to the required process for requests as required under this chapter and to assist applicants in understanding the provisions of this chapter. 37 City of Atlantic Beach 44 Land Development Regulations Update (c) To receive and initiate the processing of all zoning and land use related applications. (d) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary. (e) To recommend to the sCommunity dDevelopment bBoard and the GCity sCommission, amendments to this chapter, apd-the zoning map, and the Comprehensive Plan, with a written statement outlining the need for such changes. (f) To conduct necessary field inspections required to advise the sCommunity dDevelopment bBoard and the GCity eCommission related to zoning and land use matters. (g) To review ^Fel site development plans, applications for certain building permits, including site and lot plans, to determine whether the proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter and the GComprehensive pelan. The building official's signature, stating approval, shall be required on all development plans before a building permit shall be issued. (h)To grant minor dimensional variances or minor variances to development design standards as set forth in this chapter, excluding changes to lot area, impervious surface area, height and parking, provided the requested variance is not more than five (5) percent from the standard or requirement requested to be waived. Such minor variances shall be granted only one (1) time for any particular requirement on a single property and shall be granted only with written justification as set forth within subsection 24-654(4c) or as demonstrated to preserve a protected tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet with a minimum on one side of five (5) feet, the maximum permitted to be waived is three (3) inches on the five (5) foot setback and six (6) inches on the ten (10) foot setback for a cumulative total of nine (9) inches. Similarly, for 20 -foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. F=E)F example, wheFe the required side to b 11—e (3) mRGhGG en the fmve45) arm fpAt spthzz;� RP (6) 'RGhes OR the ten 0 0) feet setbaGk OR a single side GF GUM61latively eR both sides iS fGF a Gumulatove total Of Rine (9) inGhes. Similarly, fer 20 feet fFent and FeaF setba&s, the (12) 4RGhes. Minor dimensional variances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (i) To post signs and provide for proper published notice of zoning requests in accordance with section 24-521, and to forward appropriate agenda information to be considered at the regular scheduled meetings of the sCommunity dDevelopment bBoard to members at leasteve dive (75) days prior to the meeting date. Q) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsibilities assigned to the sCommunity dDevelopment dDirector as may be necessary to carry out properly, the functions of the office. M City of Atlantic Beach Land Development Regulations Update 7 Mt (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-49. - Appeals. Appeals of administrative decisions made by the sCommunity dDevelopment dDirector and appeals of final decisions of the sCommunity dDevelopment #Board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in Section 24-51 hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the scommunity #Development dDirector. Appeals of a decision of the sCommunity dDevelopment dDirector may be made to the scity sCommission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the sCommunity dDevelopment dDirector made under the authority of this chapter. Such appeal shall be filed in writing with the scity sClerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The sCommunity dDevelopment dDirector shall, upon notification of the filing of the appeal, transmit to the scity scommission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the City Commission at a date and time set by the City Manager or their designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) Appeals of decisions of the e_Community #Development bBoard. Appeals of a decision of the sCommunity dDevelopment #Board may be made to the sCity sCommission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the -.Community dDevelopment #Board made under the authority of this chapter. Such appeal shall be filed in writing with the sCity eClerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the ccity eCommission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. The petitir,r, be pFesented to the thiqy (30) days afteF the filing of the appeal with the r,ity r•�orL. A duly noticed public hearing, which shall be de novo, will be held by the City Commission at a date and time set by the City Manager or their designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the sCity GCommission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the deSigRate d administrative „ffi„ialAdminlstrator shall certify to the sCity sCommission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the scity sCommission after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) 39 City of Atlantic Beach Land Development Regulations Update Sec. 24-50. - Vested rights. (a) Determination of vested rights. The determination of vested rights shall be based upon factual evidence provided to the City of Atlantic Beach. Each vesting determination shall be based on an individual case-by-case basis. Applications for a determination of vested rights shall be submitted to the sCommunity dDevelopment dDirector, who shall issue a written order in response to each application consistent with Florida law and this section. The applicant shall have the burden of proof to demonstrate the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all information as may be required. All vested development subject to an approved vested rights determination shall be consistent with the terms of the development approval upon which the vesting determination was based. (b) Expiration of vested rights. (1) Statutory vested rights determinations which have been recognized by the City, shall not have a specific expiration date unless specified in other ordinances, development permits or statutory limitations. Such vested rights may expire as otherwise allowed or required by applicable law. (2) Common law vested rights determinations, which have been recognized by the city, shall remain valid for a period of up to five (5) years from the date the determination wasis made unless otherwise specified by the written order vesting determination, provided that the city may cancel and negate such vested rights prior to the expiration of said time period if it sa-nis demonstrated that the request for a vested rights determination was based on substantially inaccurate information provided by the applicant, or that the revocation of said vested rights is clearly established to be essential for the health, safety and welfare of the public. (3) Requests to extend the time period of a vested rights determination shall be made to the sCity sCommission and shall be granted only upon showing of good cause. (c) Appeals of vesteding determinations. An appeal of a vested determination may be made in accordance with the processes of Section 24-49(a). the denial of a „oo+inn deteerminatinn m.w be made to the GC,,mty G�CGMMOGSiGR by filiR9 66IGh appeal with the Gity G!eFk withiR thiFty (30) (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-51. - Public hearings and required notice. Notice of all public hearings reguried under these Ind development regulations shall be provided by the Administrator or designee in accordance with the following provisions: (a) Except as provided in subsection (c) herein, the following procedures shall apply to ordinances that amend the text of the adopted sComprehensive p lan. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that amend the text of the adopted sComprehensive pFlan. • The first public hearing at City Commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to .N 61 City of Atlantic Beach Land Development Regulations Update the state planning agency pursuant to F.S. § 163.3184. The second public hearing at City Commission shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency, unless such time frame is extended pursuant to F.S. § 163.3184. Should the second public hearing at City Commission not be timely held, the amendment application shall be deemed withdrawn pursuant to F.S. § 163.3184. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances that amend the text of the adopted sComprehensive Plan, shall comply with the requirements of F.S. § 163.3184, and § 166.041, Florida Statutes, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or their designee shall have published an advertisement giving notice of the public hearing in accordance with Chapter 166, Florida Statutes. The required advertisement shall be one-quarter (%) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the text of the adopted sComprehensive p lan shall be in substantially the following form: NOTICE OF COMPREHENSIVE PLAN TEXT CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the -.City -.Clerk. 41 City of Atlantic Beach Land Development Regulations Update J (b) Except as provided in subsection (c) herein, the following procedures shall apply to ordinances that amend the future land use map series of the adopted sComprehensive Plan. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that amend the future land use map series of the adopted sComprehensive Plan. The first public hearing at City Commission shall be held at the transmittal stage, prior to the transmittal of the proposed amendment to the state planning agency pursuant to F.S § 163.3184. The second public hearing at City Commission shall be held at the adoption stage, within one hundred eighty (180) calendar days of receipt of any comments from the state planning agency pursuant to F.S § 163.3184. All public hearings shall be held on a weekday after 5:00 p.m. (2) _Notice. All notices regarding ordinances that amend the future land use map series of the adopted sComprehensive Plan, shall be as required by F.S § 163.3184 and § 166.041 unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or their designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter ('/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that amend the future land use map series of the adopted sComprehensive Plan shall be in substantially the following form: NOTICE OF FUTURE LAND USE MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. 42 b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the GCity GClerk. (c) The following procedures shall apply to 9ordinances for small-scale scomprehensive Plan amendments that amend the future land use map series and related text amendments. For site specific future land use map amendments involving the use of ten (10) acres or less and text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment, the following public hearing and notice requirements shall apply: (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings the latter of which shall be the adoption hearing as required by F.S. § 163.3187 and § 163.041. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances for small-scale scomprehensive pElan amendments that amend the future land use map series and related text amendments, shall be provided by the city manager or their designee as required by F.S. § 163.3187 and § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter ('/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances for small-scale GComprehensive Plan amendments that amend the future land use map series and related text amendments shall be in substantially the following form: NOTICE OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENT The City of Atlantic Beach proposes to adopt the following ordinance (title of ordinance). A public hearing on the ordinance shall be held on (date and time) at (meeting place). 43 The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting(s) and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the scity GClerk. c. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board or the City Commission. (d) The following procedures shall apply to 9ordinances that change the text of the Land Development Regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or their designee shall have published an advertisement giving notice of the public hearing. City of Atlantic Beach Land Development Regulations Update The required advertisement shall be one-quarter ('/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances that change the text of the land development regulations, other than those that revise the actual list of permitted, conditional or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the GCity GClerk. (e) The following procedures shall apply to 9ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels, shall be provided by the city manager or their designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be provided. The required advertisement shall be one-quarter ('/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than 45 City of Atlantic Beachf Land r Update eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by an applicant other than the city to change the actual official zoning map designation of a parcel or parcels shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the GCity GClerk. c. Posted notice. At least fourteen (14) calendar days prior to each public hearing, a sign identifying the request, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board or the City Commission. (f) The following procedures shall apply to 8ordinances that change the text of the land development regulations to revise the actual list of permitted, conditional or prohibited uses within a zoning category. Eft (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that change the text of the land development regulations to revise the list of permitted, conditional or prohibited uses within a zoning category. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the City Commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances that change the text of the land development regulations to revise the list of permitted, conditional, or prohibited uses within a zoning category, shall be in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or their designee shall have published an advertisement giving notice of the public hearing. The required advertisement shall be one-quarter (%) page, except that in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes The notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances that change the text of the land development regulations to revise the actual list of permitted, conditional, or prohibited uses within a zoning category shall be in substantially the following form: NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). b. Mailed notice. At least fourteen (14) calendar days prior to the first public hearing, notice shall be sent by U.S. mail to each real property owner whose land is subject to the proposed text change and also to owners whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date(s), time(s), place(s) of the public hearing(s) and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the sCity GClerk. 47 (g) The following procedures shall apply to 8ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more. All public hearings shall be held on a weekday after 5:00 p.m. The second public hearing before the City Commission shall be held at least ten (10) calendar days after the first public hearing. (2) Notice. All notices regarding ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more, shall be provided by the city manager or their designee in accordance with F.S. § 166.041, unless otherwise specified herein. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter ('/4) page, except in no case shall it be less than two (2) columns wide by ten (10) inches long, in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing; the title of the proposed ordinance and the place or places within the city where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed ordinance. Advertisements for ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving ten (10) contiguous acres or more shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition FIE, to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. Each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one (1) or more public hearings on such ordinance. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the GCity GClerk. (h) The following procedures shall apply to gordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing and the City Commission shall hold two (2) advertised public hearings on proposed ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres. All public hearings shall be held on a weekday after 5:00 p.m. (2) Notice. All notices regarding ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres, shall be provided by the city manager or their designee in accordance with F.S. § 166.041, unless otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing, an advertisement giving notice of the public hearing shall be published. The required advertisement shall be one-quarter ('/4) page in a standard size or a tabloid size newspaper, and the headline in advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newspaper of general circulation in the city. The notice shall state the date, time, place of the meeting, and the place or places within the city where the proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Advertisements for ordinances initiated by the city that change the actual zoning map designation for a parcel or parcels of land involving less than ten (10) contiguous acres shall be in substantially the following form: NOTICE OF ZONING MAP CHANGE The City of Atlantic Beach proposes to adopt the following ordinance (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). i The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the maps must be part of the online notice required pursuant to F.S. § 50.0211. b. Mailed notice. Each real property owner whose land the city will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records shall be notified by mail. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one (1) or more public hearings on such ordinance. Such notice shall be given at least thirty (30) calendar days prior to the date set for the first public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the -.City -.Clerk. (i) The following procedures shall apply to Aapplications for variances and uses -by - exceptions. (1) Public hearings. The Community Development Board shall hold one (1) advertised public hearing on applications for variances uses -by -exception. The public hearing shall be held on a weekday after 5:00 p.m. (2) Notice. Notice of all public hearings for applications for variances and uses-by- excpetion shall be provided by the city manager or their designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the -.City -.Clerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a 50 decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the Community Development Board. Q) Applications for waivers. (1) Public hearings. The City Commission shall hold one (1) advertised public hearing on applications for waivers. The public hearing shall be held on a weekday after 5:00 p.m. (2) Notice. Notice of all public hearings for applications for waivers shall be provided by the city manager or their designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to the public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the City, not one (1) of limited subject matter, pursuant to Chapter 50, Florida Statutes. The notice shall state the date, time, place of the public hearing and the place or places within the City where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing, notice shall be sent by U.S. mail to each real property owner whose land is within three hundred (300) feet of the subject parcel(s) and whose address is known by reference to the latest ad valorem tax records. The notice shall state the date, time, place of the public hearing and the place or places within the city where the application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the application. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the eCity cClerk. c. Posted notice. At least fourteen (14) calendar days prior to the public hearing, a sign identifying the request, including date, time and place of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the application. Sign(s) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the City Commission. (k) ° p "cations feF uses by exGeptk^i Appeals. The following shall apply to timely filed appeals from decisions made by the Community Development Director or from the Community Develompent Board. 51 (1) Public hearings. The Community Development 13eaFd and the City Commission shall each hold one (1) adverstised public hearing on timely filed appeals from decisions made by the Community Development Director or from the Community Develompent Board. The hearing shall be de novo.a^^'i�fnr „moo h„ Duna n+inn All public hearings shall be held on a weekday after 5 pm. (2) Notice. Notice of all public hearings for appeals fer uses by exGeptinn shall be proivded by the City Manager or their designee in accordance with the following provisions: a. Published notice. At least ten (10) calendar days prior to eashthe public hearing, an advertisement giving notice of the public hearing shall be published. The advertisement shall be placed in a newspaper of general paid circulation in the City and of general interest and readership in the City, not one O -)-of limited subj ect matter, pursuant to Chapter 50 of the Florida Statutes. The notice shall state the date, time. place of the public hearing and the place or places within the City where the a+sat+er�appeal documents may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the appl+safieagppeal. -,.-b.-. Posted notice. At least fourteen (14) calendar days prior to the first public hearing, a sign identifying the Fequestqpaeal, including date(s), time(s) and place(s) of the public hearing(s), shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. Where the ro ert subject to the requestappeal does not have frontage on a public street, a sign shall be erected at the nearest public right-of-way with an attached notation indicating the general direction and distance to the land subject to the appliGatiG R appeal. Sign(s) shall be removed after a decision is rendered on the appllsafieRappeal. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, nor shall it be grounds to challenge the validity of any decision made by the the City Commission. (1) Contest. If no adversely affected party contests the issue of proper notice within thirty (30) calendar days of the City Commission, or the Community Development Board in the Gase Gf , rendering its decision, then notice shall be deemed to be in compliance with this section. 52 City of Atlantic Beach 4 Land Development Regulations Update Secs. 24-52-24-59-60. - Reserved. DIVISION 3. -APPLICATION PROCEDURES Sec. 24-6_04. - Amendment and repeal. (a) The eCity scommission may from time to time amend, supplement or repeal these land development regulations, the zoning district classifications and boundaries, and the restrictions as set forth within this chapter. (b) Proposed changes and amendments may be recommended by the eCity sCommission, the sCommunity dDevelopment dBoard, a property owner for his own land, or by petition of the owners of fifty-one (51) percent or more of the area involved in a proposed district boundary change, or the sCommunity dDevelopment dDirector. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-61. - Process chart. The following chart indicates which entity has approval authority for various development permit orders. Figure 3 Application Authority Sec. 24-62. - Change in zoning district classification. The following steps shall be followed to request a change in zoning district and zoning map classification. (a) All applications shall be filed with the sCommunity dDevelopment dDirector on the proper form and shall only be accepted when filed by the owner of the property or their authorized agent. (b) The application submitted shall include the following information: (1) The legal description, including the lot and block numbers, of the property to be rezoned; (2) The names and addresses of all owners of the subject property; (3) Existing and proposed zoning district classification of the property; 1 53 ddrn;mastFativ Staff Community Development Board City Commission Zonin chane X_ X Use -b -exce tion X Administrative variance X Variance X_ Waiver X Figure 3 Application Authority Sec. 24-62. - Change in zoning district classification. The following steps shall be followed to request a change in zoning district and zoning map classification. (a) All applications shall be filed with the sCommunity dDevelopment dDirector on the proper form and shall only be accepted when filed by the owner of the property or their authorized agent. (b) The application submitted shall include the following information: (1) The legal description, including the lot and block numbers, of the property to be rezoned; (2) The names and addresses of all owners of the subject property; (3) Existing and proposed zoning district classification of the property; 1 53 (4) A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and a. a. If joint and several ownership, a written consent; to the rezoning petition, by all owners of record; or b. G- If an authorized agent, a -^^^Y of the a9eRG„ agFeemen+ or wFi+fon GOR68n+ of the nriRGipalie w nernoatrized notice of agent authorization signed by all owners of record; or C. d- If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or f. A GGMplete list of all prepe „ owneFs; ailing .,ddFessesa„d—lege, aG Fe GE)F ed in the Iate St nor+ified nffir+inl +nv rnllo of the nni Rty; A statement of special reasons and need for and fewjustification to support the rezoning as requested; e_#: Payment of the official filing fee as set by the sCity sCommission; f +-The signature of each and eveFy owner of the lands sought to be rezoned. (c) After the sCommunity dDevelopment dDirector has received thea completed application, the request shall be placed on the agenda of the next available meeting of the sCommunity dDevelopment dBoard, provided that the request is received at least thirty (30) days prior to the meeting. TheeCommunitydDevelopment dBoard shall review each request for rezoning, and conduct a public hearing after due public notice in accordance with Section 24-51. The -.Community dDevelopment 4Director shall make a written recommendation to the sCity sCommission. The written report and recommendation shall: (1) Show that the sCommunity dDevelopment dBoard has studied and considered the need and justification for the change. (2) Indicate the relationship of the proposed rezoning to the sComprehensive pPlan and future land use map and -for the city and provide a finding that the requested change in zoning is consistent with the future land use map and sComprehensive pPlan. (3) Submit such findings and a recommendation in support of or opposition to the requested rezoning to the sCity sCommission not more than sixty (60) days from the date of public hearing before the sCommunity dDevelopment dBoard. (d) The sCity 4 Commission shall review the recommendations made by the sCommunity dDevelopment dBoard and hold atwo public hearings, with notice as set forth within section 24-512-, to consider the request. 54 (e) Following the public hearings, the -.City -.Commission, by ordinance, may change the zoning district classification of said ^e+i+p��property, or it may deny the petition. In the case of denial, the -.City -.Commission shall thereafter take no further action on another application for substantially the same proposal, on the same {perms ro ert , until after three hundred sixty-five (365) days from the date of the denial. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) 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 dDevelopment dDirector 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) AThe legal description of the property where the use -by -exception is to be located. (2) A survey. (3) A site plan. (24) The names and addresses of t#eall property owners of the subject property. (35) 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. (46) The reason for re^u,—+wand justification to support the application for the use -by - exception. (aZ) 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. (68) Payment of the official filing fee as set by the -.City -.Commission. (c) After the -.Community dDevelopment dDirector has received +t—,equesta complete application, the request shall be placed on the agenda of the next available meeting of the -.Community dDevelopment dBoard. The -.community dDevelopment dBoard shall review each request for a use -by -exception; and conduct a public hearing after due public notice in accordance with Section 24-51. The GOMMunity rdeyelepMe Rt .dire GtGF upon whiGh the FeG()MM8RdatieR to appMve 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 -Sstructures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. 55 G i! (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). (8) Required yards, impervious surface ratios and other open space regulations. (9) General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the 4 Comprehensive p.Elan. (10) For those properties within the commercial corridors, consistency with the intent of section 24-171, commercial corridor development standards. (11) 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 Community Development Board shall take into consideration all relevant public comments, written or made at the of ni+izzono atteR iinn suGh hearing, staff report, testimony and competent and substantial evidence, and shall deny, approve, or approve with conditions, the application for use-bv-exception. The final order of the Community Development Board shall state specific reasons and findings of fact, upon which the decision to approve or deny has been based. (f) The Community Development Board Gity GGMMi66 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 Community Development Board Gity nnmmioeinn 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 Community Development Board 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 final order of 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 Community Development Board^i+„ nnmmiccinn 56 City of Atlantic Beach ,r Land Development Regulations Update (h) The Community Development Board+„ nnmmiccmay suspend or revoke a use -by - exception permit following notice and hearing pursuant to Sec. 24-51(i) t� where firne-the Community Development Board determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the property. (i) Any use -by -exception decision by the Community Development Board is denied the may be appealed to the City Commission pursuant to Sec. 24-49 of this Code. (j) Should the City Commission deny the appealexception, the Community Development Board 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. Gh) 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. (JAI) Unless expressly graRtedapproved otherwise by the Community Development Board or upon appeal, 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. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-634. - Administrative variances. A -Administrative variances (Mminor variances) -may be requested and granted by the Community Development Director only one (1) time for any particular requirement on a single Property within a five (5) year time period and shall be granted only with written justification as set forth within subsection 24-645(4c) or as demonstrated to preserve a pfeteGtedregulated tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet with a minimum on one side of five (5) feet, the maximum permitted to be waived is three (3) inches on the five (5) foot setback and six (6) inches on the ten (10) foot setback for a cumulative total of nine (9) inches. Similarly, for 20 -foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. Administrativeyvariances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. Sec. 24-64_5. - Variances. The Community Development Board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the !aRgl age of the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards 4:el+effor which a variance may be authorized include but are not limited to: • Parking standards 1 57 City of Atlantic Beach Land Development Regulations Update • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, ^^ ^^^n c"^'�„-;otvariances are not authorized to reduce minimum lot area, minimum lot width or lot depth, and shall netnor increase maximum height of buildings area as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases. di#+SuI erexceotional practical difficulties or undue hardship results from phvsical characteristics that make the property unique or difficult to use. `^�"4"The applicant has the burden of proof., tThe Community Development Board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the Community Development Department... (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the -.Community dDevelopment dDirector shall within a reasonable period of time schedule the application for a public hearing before the -.Community dDevelopment dBoard following required public notice as set forth in Section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis; and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. (2) The sCommunity dDevelopment dBoard shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by -exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the Community Development Boardnity nnmmiccin., In the event, that the use -by - exception is denied by the Community Development Board ' any approved variance shall be rendered null and void. (3) The sCommunity dDevelopment dBoard shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the -.Comprehensive pPlan. F� City of Atlantic Beech Land Development Regulations Update hl- I - -iwil &b. IfK (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience for relief from financial circumstances, or for relief from situations created by the property owner. (cd) Grounds for approval of a variance 4A varianG8 may be graRted, at disGFetiOn E)� n(;nmmURity rl evelepmeRt b@oaF J feF the fGIIG iRg FeaseRs The Community Development Board shall find that one or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance'^ order to provide for the reasonable use of the property. In the event the Community Development Board finds that none of the above exist, then the Community Development Board shall deny the variance. (de)Approval of a variance. To approve an application for a variance, the ECommunity dDevelopment -bDoard shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the 4GCommunity dDevelopment bB.oard may prescribe appropriate conditions in conformance with and to maintain 59 consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e� Approval of lesser variances. The -.Community dDevelopment dBoard shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (fg) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (gh) Waiting period for re -submittal. If an application for a variance is denied by the -.Community dDevelopment dBoard, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (hi) Time period to implement variance. Unless otherwise stipulated by the -.Community dDevelopment dBoard, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The -.Community dDevelopment dDirector, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. Gi) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the -.Community dDevelopment dBoard. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-656. - Waiver. (a) General. Except for those waivers authorized by sec. 24-190, where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this chapter, the City Commission may approve a waiver. (b) Conditions of waiver. An applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless: (1) Compliance with such provision(s) would be unreasonable; or (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility. (c) A waiver shall not modify any requirement or term customarily considered as a variance. (d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the City Code of Ordinances. (e) A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. 1 60 City of Atlantic Beach Land Development Regulations Update (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-67.56. - Development, construction and storage within zoning districts. (a) Temporary construction trailers or structures. (1) Subject to the following provisions, any person may obtain a building permit for the construction and/or use of a temporary trailer or structure to be used only as a construction shed and tool house for contractors and construction workers on the site and limited to the time period of construction. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction; and shall be immediately removed upon completion of the construction project or in the absence of a valid, unexpired building permit. (2) It shall be a violation of this section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written permission from the building official. (3) Construction trailers and structures shall not be used for the purpose of living quarters, and the trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words "construction office" in full view. (b) Temporary storage structures and uses. Enclosed portable structures and aGGOrnm0dations intended only for temporary storage may be used felle win^ renis#atinn with the nih, en a fnrm subject to the following provisions: (1) Within all residential zoning districts, enclosed portable structures and intended only for the temporary storage of personal household belongings of occupants of the property may be placed on the property for a period not to exceed four (4) days or ninety-six (96) hours. Registration with the Community Development Director shall be required for each such use of any temporary storage structures. (2) In the event of damage to a residential dwelling by fire, storm, flood, or other such property loss, this period of time may be extended to ten (10) days upon request to and written approval of the city manager. (3) Within all nonresidential zoning districts, enclosed portable structures and intended only for storage, may be used for temporary storage of items related to the business located on the property, for a period not to exceed thirty (30) days. Such structures shall not be located within required front yards and shall not be used to store any chemical, hazardous, flammable or combustible materials. (c) All structures. All temporary and portable storage structures, construction trailers and t#e 4kesimilar structures, shall be constructed, altered, repaired, enlarged, placed, moved or demolished in accordance with applicable provisions of the Florida Building Code as well as all applicable federal, state and local regulations applying to the use and development of land. The issuance of building permits, where required, verifying such compliance shall be administered by the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) 1 61 City of Atlantic Beach Land Development Regulations Update Sec. 24-68-67. - Stormwater, drainage, storage and treatment requirements. (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 storrnwater (see section 22-39-3, 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 by a licensed Florida surveyor. 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. (bLOnsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater, omneryiei s surfaGe .gree nn a developed lot by mere than fide hi Rdred and fifty (250) squaFe feet. -in accordance with this section as follows: (1) All development and redevelopment projects which result in improvements that exceed fifty (50) percent of the market value of all improvements, if any, on the subject development parcel before the new development or redevelopment project is started shall_ provide onsite storage of stormwater for all impervious surface on the development parcel. 2 Pro'ects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred and fifty (250) square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only. 3) Proiects which do not exceed the fiftv (50) percent threshold and increase the impervious surface on the development parcel by two hundred and fifty (250) square feet or less are not required to provide onsite storage of stormwater; provided, however, as of [insert effective date of ordinancel. this exemption shall aooly one time only for each development parcel Any modification or replacement of driveway and sidewalk areas only on a developed lots shall not required onsite 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. LQLQevel�G n; .Erojects previously permitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance existing retention or detention that collects and controls stormwater as of FebFwaryi919 are exempt for further onsite storage requriements; provided, however, a copy of the Engineer's Certification of As -Built Construction to the SJRWMD must be submitted to the city before building permits for individual lot construction may be issued. 1 62 City of Atlantic Beach s Land Development Regulations Update When onsite storage is required fer any new deyei..PFAeRt OF Fed8VeIE)PF eRt „r .,n„ 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 as -built plans and construction photographs will be sufficient to document proper construction. (8) 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 6HNe 4development parcel and shall be binding on successors and assigns, prior to permit closeouts or issuance of a certificate of occupancy. Volume calculations for any projects that require onsite storage shall be based on the following calculation: V-=-CAR/12, where V = volume of storage in cubic feet, A = total impervious area, R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and C = runoff coefficient, which is 0.92 which is the difference between impervious area (C=1.0) and undeveloped conditions (C=0.08). This volume 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, and as approved by the director of public works, 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 Fegtiestsrequirements of this section is submitted and approved by the eCity. (c) Floodplain storage. There shall be no net loss of storage for areas in a Special Flood Hazard Area (100 -year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs). 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 (%) inch of runoff pursuant to Chapter 62-330, 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 FAC. This treatment volume can be included as part of the onsite storage requirement in item d_(2) [subsection (b)] of this section. 1 63 .. 9 L) _-----_- ...-. (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 Water Management District 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 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) Variances to impervious surface area limits. Variances to impervious surface limits shall be subject to the provisions in Section 24-654. Impervious surface requirements shall not be eligible for relief via waivers from the City Commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-698. - Development review and issuance of development permits. (a) Purpose. The purpose of this section shall be to establish procedures for the submittal, review and approval of construction plans, and the issuance of development permits. (b) Procedures. Plans prepared according to the requirements set forth within this section shall be submitted to the building department for distribution, review and comment from appropriate departments of the city. Plans may be denied if they do not meet the intent or the requirements of this section and this chapter GFand the Florida Building Code. (c) Site development plan required. A site development plan, drawn at a clear and legible scale, shall be required for all new development and redevelopment, other than interior renovations and fences, in accordance with the following provisions: (1) Single-family, two-family (duplex) or two -unit townhouse and exterior structural alterations or additions thereto, including swimming pools and accessory structures. A certified survey and site development plan accompanied by the required application form and review fee as established by the GCity 4 Commission shall be submitted to the building department. Each of the following items shall be addressed: a. All driveways and parking. b. All existing and proposed structures. c. Setbacks, any platted building restriction lines and height of buildings. City of Atlantic Beach Land Development Regulations Update Any jurisdictional wetlands or coastal construction control line, water bodies, any required buffers or significant environmental features. e. A pre -construction topographical survey, p irs aHt tri seGtiGR 24 baa i niers waived in aGGOrdaRGe with the PFGViGi9R6 01-1 -1— A summary table showing proposed impervious surface area, including all structures, walkways, driveways, parking and equipment pads and any other surface defined as impervious in section 24 -17 --.and conceptual stormwater requirements in accordance with section 24-68. g. Other information as may be appropriate for the purposes of preliminary review. (2) Multi -family, commercial and industrial uses and exterior structural alterations or additions thereto. A certified survey and preliminary site development plan accompanied by the required application form and review fee as established by the sCity eCommission shall be submitted the building department. The site development plan shall depict the entire tract proposed for development and shall be drawn at a scale sufficient to depict all required information in a clear and legible manner. Each of the following items shall be provided as appropriate to the project and as further set forth within the application for a particular form of development permit as provided by the building official: a. Project boundary with bearings and distances. b. Legal description, including property size. c. Location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage (identify any existing structures and uses). d. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks, vehicular and pedestrian circulation. e. Existing driveways and roadways within three hundred (300) feet of project boundary. f. Existing and proposed right-of-way improvements. g. Conceptual stormwater management plan addressing drainage patterns, retention/detention areas, provisions for utilities, including a pre -construction topographical survey, pursuant to subsection 24-668.,x--an;�ss weed ire a GGOrdaRGe with the pFevisieR the. _in h. Environmental features, including any jurisdictional wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas. For projects not meeting the thresholds requiring an environmental resource permit from the St. John's River Water Management District, provide conceptual plans showing how project intends to meet the stormwater retention and treatment requirements of subsections 24-668{4}-a�d- . General notes shall include: total project area; impervious surface area; building square footage separated by type of use(s) if applicable; parking calculations; project phasing; zoning district classification and any conditions or restrictions. Other information as may be appropriate for the purposes of preliminary review. (d) Review and approval of development permit applications. An application for a development Dermit shall include a development clan (consistina of the items described in Section 24-69 65 C City of Atlantic Beach Land Development Regulations Update (c) above) and all required information including construction plans that demonstrate compliance with all applicable federal, state, and local land development regulations and permitting requirements. Completed applications shall be submitted to the building department for distribution and reviewed by the appropriate city departments. Upon approval of construction plans and development plans by reviewing departments and payment of required fees, development permits may be issued, and construction plans shall be released for construction. ennr-eval of site alarm 1 oen arx)rayal of the r)roliminar„ site devolnr)mon+ (e) In the case that an applicant fails to make a good faith effort to ce^tinue with the re„ie,., timely respond to requests for additional information after any application for a development permit is submitted, plans shall remain valid for a period of six (6) months, after the date of latest comments by the city, after which time new plans and a new review fee shall be required. (f) Expiration of approved of construction plans. Approved construction plans shall be claimed within ninety (90) days of notice of approval or completed comments, or said plans shall be considered to have expired. Upon expiration, a new submittal and review with applicable fees shall be required. Development review comments shall expire six (6) months from the date that comments are provided to the applicant. (g) Expiration of development permits. Development permits shall expire on the six-month anniversary of the date such permits were issued unless development has commenced and continued in good faith. Commencement shall mean the issuance of a valid building permit and the development permit shall remain active along with the building permit. Failure to maintain an active building permit will cause the development permit to expire. (h) Retention of expired plans. Any construction plans and supporting documents which have expired shall beret, ved discarded following effort to notify the applicant by the building department. It shall not be the responsibility of the city to store or retain expired construction plans. (i) Changes to approved plans. Applicants must GGW¢submit to the city -.many and all proposed changes to approved plans including, but not limited to, changes required by other regulatory agencies such as the St. John's River Water Management District, Florida Department of Environmental Protection or Florida Department of Transportation. Failure to provided changes to the -.City for review may result in a stop work order being issued if construction deviates from the approved plans on file with the city. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-7469. - Land clearing and alteration of site grade or topography. No Lands shall be cleared, grubbed, filled, excavated or topographically altered by any means, and no vegetation on any rde„elenment parcel or lot disturbed, prior to issuance of all required approvals and development permits authorizing such clearing or alteration. 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 we City of Atlantic Beach 1 • Development Regulations Update stormwater regulations pursuant to valid permits, the grade, elevation or topography of any parcel, development or redevelopment site shall not be altered. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) _Sec. 24-7169. - Fees. Pursuant to subsection 24-46(e), the city commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative cost of carrying out the requirements of this chapter and also to cover the costs for planning, zoning, engineering utility and specific use reviews. These fees shall be payable to the city at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees for specific use verified compliant -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this section are not refundable. (a) Planning and zoning fees. (1) Appeals $ 300.0059:98 (2) Determinations of vested rights 75.0059-90 (3) Rezoning a. Text Amendment $1,000.00 b. Rezoning Map Amendment $550.00 "^ Z^ni^^ diStFiGt Glassifi..�+.^n 50009 (4) Use -by -exception 400.0035000 (5) Zoning variance (residential or commercial) or waiver $300.00250.00 (6) Development review a. Single- and two-family uses 100.0050:80 b. Multi -family uses, per dwelling unit $100.00 c. Commercial and industrial uses 350.00389-90 d. Public and institutional uses 350.00900:90 e. Landscape plan $100.00 (7) Subdivision a. Application for waiver $250.00 b. Application for re -plat 300.00250:00 c. Preliminary plat review $250.00 d. Final plat approval (plus recording fees) $100.00 (8) Comprehensive p.Elan aAmendment a. Less than ten (10) acres $250.00 b. Greater than ten (10) acres $250.00 (9) City of Atlantic Beach Land dDevelopment (Regulations Document $15.00 1 67 City of Atlantic Beach Land Development Regulations Update (10) City of Atlantic Beach Comprehensive p.Plan dDocument 115.00 (11)Zoning and cComprehensive Plan Maps (per page)15.00 (b) Engineering and review fees. (1) Pre -application review of construction plans $150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review $100.00 (3) Commercial building review $150.00 (4) Building modification/right-of-way review $25.00 (5) Revocable encroachment permit $25.00 (c) Utilities review fees. (1) Pre -application construction plans review $150.00 For reviews requiring more than three (3) hours, an additional fee of fifty dollars ($50.00) per hour will be charged. Also, additional costs for outside reviews and modeling shall be paid by the applicant. (2) Residential building review $50.00 (3) Commercial building review $75.00 (4) Building modification/right-of-way review $25.00 (d) Specific use review fees. (1) Dog -friendly dining. a. Initial application (full year) $175.00 (Half year) $90.00 Includes processing of application, initial inspection, permit issuance, and three subsequent quarterly compliance inspections. b. Renewal application $125.00 Includes annual compliance review and inspection, permit issuance, and three subsequent quarterly compliance inspections. c. Verified complaint -based compliance $55.00 Includes one (1) compliance inspection, upon verification of a complaint -based violation. Each additional re -inspection for failed compliance will be charged this same amount. d. Permit reinstatement $55.00 Includes one (1) compliance inspection, upon suspension due to violations documented at time of quarterly inspection, and permit reinstatement/issuance. Each additional re -inspection for failed compliance will be charged this same amount. City of Atlantic Beach Land Development Regulations Update r (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 95-10-102, § 2, 1-10-11; Ord. No. 90-12-215, § 1, 11-13-12) Secs. 24-742-799-24-8979. - Reserved. DIVISION 4. - GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-804. - Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the zoning districts, as shown on the official zoning map, the following rules shall apply: (a) Unless otherwise indicated, the zoning district boundaries are indicated as approximately following lot lines; center lines of streets, highways or alleys; shorelines of streams, reservoirs or other bodies of water; or civil boundaries; and they shall be construed to follow such lines. (b) Where zoning district boundaries are approximately parallel to the center -lines of streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines extended, the zoning district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the scale shown on the zoning map. (c) Where a zoning district boundary line as appearing on the zoning map divides a lot, which is in single ownership, the zoning district classification of the larger portion may be extended to the remainder of the property subject to consistency with the -.Comprehensive p.Elan. (d) Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it has reverted shall apply to the vacated or abandoned road, street or alley. (e) In the case where the exact location of a boundary cannot be determined by the foregoing methods, the -.Community dDevelopment dDirector in coordination with 64-9other City staff shall determine the location of the boundary. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-81-2. - [General restrictions upon land, buildings and structures.] (a) Use. No building or structure shall be placed or erected, and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this Ghapt 4 in conformance with the provisions of this City's Code of Ordinances, this chapter and as allowed in the zoning district in which such land, building, structure or premises are located. Further, no land shall be used or developed except in compliance with the -.Comprehensive pPlan. (b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number of buildings on any lot zoned for single-family or two-family (duplex) use shall not exceed three (3) including the principal use structure, detached garages and any other detached building. (c) Height. The maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five (35) feet in height may be repaired to that existing height, no alterations shall be made to any building, which we