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
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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.
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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
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City of Atlantic Beach
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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
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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
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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 ..............................................
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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
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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
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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
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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.
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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.
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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
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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
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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�
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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.
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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•
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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)
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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.
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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
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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
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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
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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