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Exh 8C Part 1AGENDA ITEM #8C OCTOBER 8, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to schedule public hearing dates for adoption of amendments to Chapter 24 of the Code of Ordinances, Zoning and Subdivision Regulations, and amendments to the official Zoning Map. SUBMITTED BY: Sonya Doerr, AICP, Community Development. Director DATE: September 28, 2001 BACKGROUND: At the September 18, 2001 meeting of the Community Development Board, and pursuant to the requirements of Chapter 163, Florida Statutes, a recommendation to approve proposed amendments to the Zoning and Subdivision. Regulations, Chapter 24 the City of Atlantic Beach Code of Ordinances was made by unanimous vote of the CD Board. In forwarding this recommendation to the City Commission, the Community Development Board finds that the proposed amendments are consistent with the adopted Comprehensive Plan for the City of Atlantic Beach. Accordingly,. it is requested that public hearing dates, pursuant to Chapter 166.041; Florida Statutes, be scheduled for the consideration and adoption of an ordinance to enact said amendments. It is also requested that proposed amendments to=change the official Zoning Map designation from Residential, General (RG-1) to Residential, Single-Family (RS-2) for that area commonly referred to as the "Core City" be considered at these same dates. If it is the desire of the Commission to hold an additional workshop for the purpose of further review of proposed changes, the Commission may wish to schedule a workshop for Monday, October 15, 2001 at S:OOpm. RECOMMENDATION: Approval of Monday, October 22, 2001 at 7:15 pm and Monday, November 12, 2001 at 7:15 pm as public hearing dates to enact amendments to Chapter 24 of the Code of Ordinances and also amendments to the official Zoning Map. ATTACHMENTS: Draft of Chapter 24 as recommended for approval by Community Development Boazd; also strikethrough draft of changes since February 02„:2001 draft. REVIEWED BY CITY MANAGER- .AGENDA ITEM #8C `OCTOBER 8, 2001 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ., ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 249-5800 FAX: (904).247-5805 SUNCOMs 852-SS00 http://ci.atlantfc-beach.fl.us MEMORANDUM TO: City Commission and Mayor FROM: Sonya Doerr, AICP S,~/~. Community Development Director DATE: September 25, 2001 SUBJECT: Proposed amendments to Chapter 24 Attached hereto is the draft of amendments to Chapter 24, as recommended for approval by the Community Development Boazd at their September 18, 2001 meeting; The Community Development Board has given very thorough and thoughtful consideration to the proposed changes, and their recommendation for approval was by unanimous vote of members in attendance at the September 18th workshop and the regulaz meeting. I believe that this draft incorporates all of the many and varied changes that have been discussed over the past months. T have also provided a summary. describing those. changes that have been most extensively discussed throughout this process. A strikethrough copy, which indicates the substantive changes that have been made since the February 2nd draft is also provided. You may note that re-formatting and' numbering changes are not entirely reflected in the strikethrough copy, but I believe these have been corrected in the final clean draft. (Please do not hesitate to bring any formatting or typographical errors to my attention. Final editing assistance is always appreciated.) cc: Jim Hanson, City Manager Alan Jensen, City Attorney AGENDA ITEM #8C OCTOBER 8, 2001 SUMMARY OF CHAPTER 24 REVISIONS Following is a brief and simple summary of the substantive changes proposed to Chapter 24. (The page numbers reference the clean draft.) This summary does not address those changes that were made very early in the amendment process, which have been either previously discussed and7esolved or which were considered to be minor in nature. Please feel free to contact me by phone at 247-5817 or by e-mail at sdoerr(a~ci.atlantic-beach.fi.us with' any questions or comments. Sec. 24-17, paEe 3 Definitions Numerous definitions have been added to this section. Most of these are intended to provide clarity and assist in the administration of the regulations and to reference certain Statutory definitions and requirements. Sec. 24-51, page 23 Vested Riehts This provision establishes a process for making vesting determinations where a property owner maybe entitled to certain vested rights subsequent to the adoption of the new',regulations. Sec. 24-67, pate 29 Development Review and Issuance of Permits This section contains new provisions related to the type of information and review required for various types of development projects. This information has been generally required, but has not been clearly set forth within the regulations. This section also sets forth time periods for the expiration of approved construction plans and building permits. Sec. 24-85, paEe 34 Nonconforming Lots, Uses and Structures • Lots of Record -This section sets forth how existing lots that may not meet the current size requirements are to be treated. On any residential lot that was legally created prior to the adoption of the new regulations, a single family residence may be constructed, expanded or reconstructed, provided that setbacks are met or a Variance has been obtained. .After these regulations are adopted, all townhouses or duplexes must be constructed on lots that aze large enough to meet the density requirements of the Comprehensive Plan. In the case that a property owner is "caught" in this change to the regulations, they will have the ri~,ht to seek a determination of vested rights as described in Section 24-5'l. Nonconforming Structures - A nonconforming structure is most commonly one that does not meet current setback requirements. This section allows a nonconforming structure to be expanded as long as the expansion meets current setbacks, or is consistent with a Variance. However, if more than 50% of either the appraised or assessed value is removed or destroyed, then the new construction must comply with either the current setbacks or the terms of a Variance. (The property owner has the choice of using the Property Appraiser's Assessed Value or a certified Appraised Value, subject to the Building Official verifying that the values aze valid numbers.) The treatment of nonconforming structures has been much discussed. but please keep in mind, this is how such structures have always been treated by the City ofEAtlantic Beach, and 2 AGENDA ITEM #8C OCTOBER 8, 2001 these provisions are consistent with the treatment of nonconforming structures in zoning ~~ • Nonconforming Uses - As with Structures, other than the choice to use.either the appraised or assessed value, there are no substantive changes to these regulations except clarification of the language. If a Nonconforming Use is discontinued for more than six months, or is destroyed by more than fifty percent, any new use must comply with the zoning regulations and the Comprehensive Plan. Section 24-86, page 36 Special Treatment of Existing Townhouses and Duplexes This section specifically deals with townhouses or duplexes that were constructed prior to these new regulations. Pazagraphs (a) and (b) sepazately address townhouses or duplexes that would otherwise me made nonconforming by: (a) change to the zoning map. such as the proposed core area rezoning from RG-1 to RS-1; or (b) by a change to specific provisions in the zoning regulations. In summary, these two paragraphs automatically "deem vested" these townhouses or duplexes, provided they were originally ,constructed with proper building permits. These will be considered as lawful permitted residential uses, and may be fully rebuilt or replaced in their existing footprint and may be expanded provided that the expansion meets setbacks, and any other regulations that would apply to all construction in any situation, such'as Florida Building Codes. (Property owners would still have the right to seek a Variance, if needed.) The townhouse/duplex issue has been extensively discussed. I believe that these provisions fully address the existing and future rights of property owners who have legally constructed such townhouses or duplexes, and establishes their right to maintain or rebuild such structures. This section establishes the design standards that were recommended` for duplexes and townhouses, and most importantly, establishes the lot azea requirements for future duplexes and townhouses in order for these to be consistent with the Comprehensive Plan. Also note, that this section includes a references to vested rights, again recognizing that the new regulations may become effective while a property owner has been in the process of preparing to construct a duplex, and as such, maybe entitled to vested rights to continue with those plans. Section 24-88, page 37 Garage Apartments This section establishes standards for those limited number of double frontage lots where garage apartments are allowed, These provisions set forth that the garage apartment cannot be any larger than 75% of the main residence; must be separated by at least 20 `feet from the main residence; cannot be used for short-term (or vacation) rentals, and cannot be subdivided and sold separately from the main residence. Section 24-89, page 38 Dependent Care Living Assistance This is a newly proposed provision not previously presented to the Commission. (The Community Development Board was supportive of the addition of this section.) The language of this section is fairly self-explanatory. The need to address alternative care !needs is one that is 3 AGENDA ITEM #8C OCTOBER 8, 2001 becoming increasingly relevant as the .demographic make-up of our population changes.. Communities across the country have incorporated zoning provisions that attempt to recognize this need. The risk, of course, is that living provisions may be constructed'. on a residential lot where long term use of that living unit may be very limited... This section;' however, allows a property owner to assume that risk, subject to approval of the Commission, and within very defined and limited conditions. Section 24-103, page 40 Conservation Districts Additional language has been added to the intent statement of the Conservation Districts. This language is in part intended to recognize the statutory requirement that our'Land Development Regulations address lands that may have environmentally sensitive qualities. Section 24-104 through 24-108, page 41 Residential Districts The Residential District sections have been reformatted to be more cleazly presented, but there are no changes in required setbacks for any of these districts. The 50% Irpervious Area standard has been added, and the required lot area for townhouse, duplex and multi-family, as established by the Comprehensive Plan, has been added to the appropriate sections. Also note that Home Occupations and Dependent Care Living Units have been added to the list of Uses-by Exception. Family Day Care Homes and Group Care Homes have been added to the Multi-Family Districts as Permitted Uses. Florida law, in accordance with the federal-Fair Housing Act, prohibits local governments from improperly discriminating against certain types of housing arrangements by requiring special permitting actions, such as aUse-by-Exception. In other words, if a zoning district allows multi-family residential, we cannot treat certain special need housing differently, provided that such special need housing is properly licensed and operated in accordance with State law. Section 24-109 through 24-111, page 47 Commercial Districts There aze no significant changes to the Commercial Districts, other than to add a 70% percent Impervious Surface limitation, which would apply to new commercial development. This is a standard limitation for commercial development, and is necessary to provide'. greater opportunity for landscaping, open space, and also to meet drainage requirements. Please review the list or Permitted Uses and Uses-by-Exception in each of the commercial districts.: Minor changes in language and terms have been included to "update" and clarify these provisions. Section 24-113, page 54 Special Purpose District The Special Purpose District provisions have been amended to establish this as a single use district, which could be used as needed in any area of the City provided that the particular proposed use is consistent with the Comprehensive Plan. The SP district was originally created to address the salvage yard. That property will remain zoned SP, and the "reverter" provision that requires that property to revert to residential zoning should it be abandoned by the owners, will remain in effect. It is my recommendation that the WQOP radio station property be rezoned to SP as well. The appropriate provisions and limitations applicable to this property can be included within the rezoning ordinance, and action would be required by the Commission to authorize any future 4 AGENDA ITEM #8C OCTOBER 8, 2001 changes to the terms of that ordinance. (This seems to be the simplest method to address the `' radio station property, and the property owners are in agreement with this recommendation.) Section 24-114, page 55 Central Business District The Central Business District provisions remain essentially the same as originally proposed, with some additional language added to the intent statement. Please keep in mind that at some point in the future, the "Town Center" area will require rezoning to CBD in order for these provisions to become applicable. Division 6, page 57 Planned Unit Developments There are no substantive changes to the PUD regulations other than the requirement for additional information to be submitted with the PUD application as set forth in Section 24-130 (b) (3). Division 7, page 65 Supplementary Regulations There are no new substantive changes to the Accessory Structure provisions, although some of these provisions have been revised to be more clearly understood. Accessory Structures include a wide range of buildings and objects which may be placed on a lot in addition to the main structure. Section 24-151 (b) sets forth the specific provisions applicable to the various types of structures. Section. 24-159, pate 68 Home Occupations This section sets forth conditions whereby aUse-by-Exception maybe approved to allow certain types of Home Occupations. Pazagraph (d) prohibits certain activities as Home Occupations. Section 24-160, page 70 Dumpsters and Garbage Containers In becoming more knowledgeable of the City's zoning regulations, I discovered that there were no restrictions requiring garbage containers or commercial dumpsters to be concealed from view. This new section addresses this need. Section 24-163, page 73 Storage and Parking of Vehicles, RVs and Boats There are no new changes to this section other than some clarification of terms. Pazagraph (b) contains the much discussed provision related to the storage of boats and recreational vehicles on residential Lots and sets forth that boats, trailers and RVs must be 15 feet from any front or street side property line and limits these to only one per 5000 square foot lot, with an additional 5000 square feet of lot area required for storage or parking of a second Recreational Vehicle. Section 24-167, page 75 There were numerous references in the previous regulations related to screening, but no cleaz standards for the type of buffering and screening that was required between differing uses. This section establishes such requirements. Section 24-168, page 76 Land Clearing, Tree removaL.. This section clearly states that land cannot be cleared until the appropriate reviews and development permits have been issued. "Eazly clearing" of any development site should be prohibited due to the significant potential for adverse environmental and stonnwater impacts. AGENDA ITEM #8C OCTOBER 8, 2001 Division 8, pate 78 Landscaping Several new definitions have been added, and at the request of the Community Development Board, the threshold for requiring compliance with the landscaping regulations has been lowered from 50% to 25% reconstruction or expansion. There are currently no other significant changes proposed to the landscape provisions; however, future revisions aze needed. Article IV, page 84 Subdivision Regulations There are no substantive changes proposed to the current subdivision regulations, although reformatting and clarification to several sections has been included. Appropriate references to the Comprehensive Plan have also been included. Section 24-188 sets forth the requirements for re-division of existing platted lots, and requires a re-plat to be approved by the Commission whenever additional lots aze created or when changes to access points or streets aze proposed. 6 Revised Strikethrough Draft Chapter 24 ZONING, SUBDIVISION ~~ LA1ND DF,VELOPMF.NT REGULATIONS 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 jurisdictionof the City of Atlantic Beach into Zoning Districts; to review, approve and/or deny requests to change zoning classifications, requests for Uses-by-Exception, requests for Variances; to heaz appeals on any decisions; and to review and approve and/or deny Plats for the Subdivision of Land. 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 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, morals and general welfare of the public; and to help accomplish. the goals and objectives of the Comprehensive Pian. Further: (}~ 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, morals and general welfare of the community. (~~It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where any provision of this Chapter imposes restrictions different from those imposed by any other provision of this Chapter, or any other ordinance, mle or regulation, or other provision of law, whichever provisions aze the more restrictive or impose higher standards shall control 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 moved, added to or enlazged, altered or maintained, except in conformance with the provisions of this Chapter and in conformance with the Comprehensive Plan: Sec. 24-4. Amendments. For the purpose of providing the public health, safety and general welfaze, the City Commission may, from time to time, amend the provisions imposed by this Chapter. Public hearings on all proposed amendments shall be held by the City Commission or Community Development Board in the manner as prescribed by Florida law. ec 24-5 I ea11 CMtuc end ('nncictenev withthe ('omnrehencive Plan lan matt nrevazl. AGENDA ITEM #8C OCTOBER 8, 2001 Community Development Board 09-07-O1 Revised Strikethrough Draft - 1 AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 Secs. 24-6. through 24-15. Reserved. _, ARTICLE II. LANGUAGE AND DEFINYTIONS Sec. 24-16. Construction of language. The following rules of construction shall apply to the text of this Chapter: (a) The particular 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 connol. (c) The word "shall" is always mandatory and not discretionary. The word "may" is percussive. (d) A "Building" or "Structure" includes any part thereof, and these terms maybe 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 coanected by the conjunction "and", "or" or "either ... ar," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions or eventsshall 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 chazacter. Sec.24-17. Definitions. For purposes of this Chapter, the following terms shall have the meanings as serforth in this Section. 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. Accessory Structure shall mean any Structure constructed on a Lot, not attached to the Principal Sttucture, and ancillary to the Principal Structure. Pump houses For exterior well pumgs not exceeding nine (9) squaze feet in azea and four (4) feet in height shall not be considered Accessory Structures. Pump houses lazger than nine (9) squaze feet or four feet in height shall be considered as a Private Garage for the purpose of deternrining height and azea regulations. This defudtion shall not include Fences; Hedges and Walls. Accessory Use is one that is incidental to. the main Use of the premises. Administr4_frve Official as used within this Chanter shall mean that nerson(sl~sienated_1ZV the Ciri Manaeer or.Yhe Ciri Commission to perform such duties as reeuired pursuant to this Chanter Community Development Baard 09-07-01 Revised Strikethrough Draft - ._ _ _ 2 - - - AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft b_u4 rilust e3cceed~t~e~ee the general it~te~el,5t Ln cgr{ttnunity z22d slaaresLbY all ue[sQns iu the_egmt~ttmity 09-07-01 Alley shall mean a public or private way, which affords only a secondary means of access [o property abutting thereof, which is not otherwise designated a thoroughfare or for general traffic, and which is not otherwise designated as a Street. Alteration shall mean any change in the aaangement of a Building; any work affecting the structural parts of a $uiIdinb, or any change in wiring, plumbing or heating and air conditioning systems. Animal Hospital. See Veterinary Clinic or hospital. Apartment House. See Dwelling, Multi-family. Applicant shall mean the ti8e owner of record, or his authorized representative, of Lands that are the subject of a request for a change in zoning classification, aUse-by-Exception, a Variance,: an appeal or any Development Permit. rlrevious twelve (121 months. A~essed Yalue shall mean the valge to an im rowe:[tient or nronerty as determined by th~Duval Countv Proo~rty Qp)Zraiser art sb.@_.~ta~er>zr_u-vtdec~>zv_law. Automobile Service Station. See Service Station, Automotive.. Automotive repair shall mean the repair, rebuilding or reconditioning of,motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. Bar or Lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages or any place where any Sign is exhibited or displayed indicating that alcoholic beverages aze obtainable.. within or thereon and where such beverages are consumed on the premises. Block shall mean an arrangement or combination of Lots, .the perimeter of which abuts Street Rights-of--Way or other publicly owned Lands. This may be construed to include approved subdivision plans with Lot arrangements or combinations where only a portion ofthe perimeter abuts a Street Right-of--way or public 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 or dining facilities ate provided in individual rooms. 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 City Commission. All Bonds. shall be approved by the City Commission wherever a Bond is required by this Chapter. (a) Maintenance Bond: Upon issuance of the Certificate of Occupancy, or when zequired improvements are installed prior to recording the Plat, surety must 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 year. (b) Performance Bond: When required improvements are installed a$er recording `the Plat, surety must be posted ih the amount of one hundred and twenty-five (125) percent of the engineer's estimate of costs, including Landfill. Suffering. See Screening. Building shall mean any Stmcture designed or built. far support, enclosure, shelter or protection of persons, animals Community Development Board 09-07-01 Revised Strikethrough Drafi _ _ , z AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 or property of any kind. Building shall include any Structure constructed or used for a residence, business, industry -' or other private or public purposes, including Structures that are accessory to such Uses, provided such Structures aze in compliance with the Standard.Building Code. Building Coverage. See Lot Coverage. Building Restriction Line shall mean the line(s) extending across the front, sides and reaz of the property, as defined by the Setback requirement of each Zoning District. Unless otherwise allowed by this Chapter, Development of Buildings and Stmctures shall be contained within Building Restriction Lines. See Figure 1. Building Permit shall mean any permit which authorizes the commencement of the construction of improvements in accordance with the construction plans and specifications approved by the City under the provisions of this Chapter and other applicable Federal, State and local regulations. Building, Principal shall mean a Building in which is conducted the main or Principal Use of the Lot or parcel on which the Building is situated. Figure 1 ,~ L_.;~, - C,~e' -~,~; Front Building Setback shall mean the minimum required horizontal distance between the front, rear or sidelines of the Lot and the front, rear or sides of the 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 de[erznine required Building Setbacks. Bulkhead shall mean a fixed Structure constmcted between Land and water or marsh azeas, primarily designed to resist earth pressures. Car wash shall mean an area of Land or a Structure with. machine or hand operated facilities, Used principally for the cleaning, washing, polishing or waxing of motor vehicles,~S_llal~i Qt~~lyt~l~tl~e~5_2ayr~~~e~vicine. of ¢totor v_elticie~_ Cemetery shall mean Land Used or intended to be Used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such Cemetery. Center Line, Street shall mean a Line running parallel with the highway Right-of--way, which is the distance between the extreme edges of the official Right-of--way width. Certificate of Occupancy shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by th, e desienated Administrative_Official verifying that- all improvements have .been completed in conformance with the requirements of this Chapter,~nv Final Subdivision Plat. and the. approved Consruction Plans. Certificate of Ownership shall mean an opinion of title of a licensed attorney or title company certifying to the City Commission, based upon an examination of an abstract of title of the Official Recoils of Duval County, stating that the Applicant is the owner in fee simple of the tract. The Certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to said tract, if any. Certifeed Survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regazding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Change of eeeetteaxey- Use_shall mean discontinuance of an existing Use and the substitution of a different Use?s Child Care means the care, protection, and supervision of a child, for a period of less than 24 hours pet day, on a Community Development Board 09-07-01 Revised Strikethrough Draft - -- 4 AGENDA ITEM #8C 'OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 regular basis, which supplements pazental care, enrichment, and health supervision For the child, in accordance with " his individual needs, and for which a payment, fee, or grant is rnade for such caze. ~' Child Care Facility shall include child care centers or child care arrangements which provide child care for more than three (3) children unrelated to the operator and which receives a payment, fee, or giant for any of the children receiving caze, wherever operated, and whether or not operated for profit Church shall mean a Building Used for nonprofit purposes by a recognized or established religion as its place of worship. Such Building may include a residential Dwelling Unit for the pastor or minister. [ t[v sn~u mein me ~.[rv or rici~nnc ae~cn_ Clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one 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 Building and facilities owned and operated by a corporation of association of persons for social or recreational purposes, but not operated primarily for profit or to render a service, which is customarily carried on as a business Community Center shall mean a recreational facility or a community meeting facility: Comnreher~ive Plan shall mean the local eovemment Comprehensive Plan which was adooted by the City Cs.?m~i~sio~utKSliant~9 sl e~T-2caLSioveyr~~~~~2mucfk~eutiv_e~cazti.zL£~1nd.~.~&usl~v~IQpsF}~33t ~.exu1~.' ct. Construction Plans °-•'~,.R-fie,-~ ~atio:.~ shall mean the engineering drawings, specifications, tests and data necessary to show plans for constmcdon of the proposed improvements to Land, and shall be in sufficient detail to pernvt evaluation of the proposals. Corner Lot. See Lot, Comer. Covenants shall mean private agreements recorded in the. public records that restrict the Use of private property. These Land Development Regulations shall not abrogate or annul any private Covenants or agreements, provided however, that if these regulations impose a' greater restriction on the Use and Development of Land, the provisions Density shall mean the number of residential Dwelling Units perantted per acre of Land, exclusive of dedicated public rights-of--way, canals and drainage ditches, lakes,~y_e~_snSLilt~di&tA9uaLvti'~t1~A415~t~a~ds~~awarcLgf the Cgast~l~4nstrs19Si4t~C.orttrStl Line Allowable Density shall be established by the Comprehensive Plan, as may be amended. Development shall be defined according to Florida Statutes, Chapter 380.04, as follows: (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 two (2) or more pazcels. (b) The following activities or Uses. shall be taken for the purposes of this Chapter to involve development, as defined in this section: Community Development Board - 09-07-01 Revised Strikeihrough Draf? _ ~ similar temps used to describe such nrivate agreemen[s AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 (I) A reconstruction, alteration of the size or material change in the external appeazance of a Stmcture -~ on Land. (2) A change in the intensity of Use of Land, such as an increase in the number of dwelling orals 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 F.S. Ch. 161.021. (4) Conunencement of drilling, except to obtain soil samples, mining or excavation on a parcel of Land. (5) Demolition of a Structure. (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 raihoad track, if the work is tamed out on Land within the boundaries of the Right-of- way. (2) Work by a utility andlor other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing renewing or constmction on established rights of way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks pr the like. (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 pazcel or Structure. (6) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of Land or other rights in Land. Dl~ric~~]~llmeat~~onin~Distrie~desienati4ns as established by sb.e afficiaf ZQniaae T?is_trict zzaaos and a set_foztli inJ2iv3sien~~thi~ ~haDtez, Dwelling Unit shall mean a single unit providing complete independent living facilities for a family as defined herein, includingpermanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, tYlulti family shall mean a residential Building designed for or occupied exclusively by three (3) or more families, with the number of families in residencenot exceeding the number of Dwelling Units piovided. Dwellirsg, Sirsgle family shall mean a Building containing one Dwelling Unit, and not attached to any other Dwelling Unit by any means, and occupied by one Family only. Community Development Board 09-07-01 Revised Shzkeihrough Draft 6 AGENDAYTEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 Dwelling, Two family (duplu~) shall mean a residential Building containing two Dwelling Units designed for or occupied by two (2) families, with the number of families in residence not exceeding the number of Dwelling Units -^ provided. e a _y a a Lots- :.,.. 1.~': a ~'.' ~~C..: ¢urra~,,e~rl,'td`, e+ux a~„¢ ,rtay~Fr.~tets~r i~$".. ,. "eF x~ti' ~.F,'' Easement shall mean a grant from a~property owner for the Use of Land for. a specific purpose or purposes by the genecal public, by a corporation or by a certain person or persons. (a) Wetlands determined to e iulisdictional and which~r ~g~ate by the Florida Department of E vironmental Protection (FDEPI and the 9t. Johns River Water Management District (S7RWMDl: Llzl__>r~tuaries, QL~Stua~it3e~'~rSa~; (s) Quts~ar~d~~ElorisLa~~r~a.~td~Iatytral Water Bodies; LdLAx?as cie~p~ta~~d Ru~su~nt to th~Fgd~Lal C_pa~a~$a~ta~r Re~urce Act~pi~Q7~48 a d this tze~h ~d dune areas eeawazd of the Coastal Construction Control ine• Exception is a denarh~re from the eneral provisions of these Land Development Regulations granted L der the e~cnress provisions of the enactment itself See Sec 24-63 Exception, Use by. See Exception. Family shall mean one or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two (2) living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to eopstitute a Family. Flood Frequency shall mean the statistically determined average for how often a specific flood level or discharge maybe equaled or exceeded. Floodway shall mean the channel of a watercourse and por[ionsof the adjoining floodplane, which are reasonably required to carry and discharge the regulatory flood. Community Development Board 09-07-01 Revised Strikethrough Draft -- 7 Environmentally Sensitive Areas shall include lands waters or areas within the City of Atlantic Beach which me t nv of die following criteria• {el Areas designated as Conservation by the Future Land Use Man: Flood shall moan a temporary rise in the level of a body of water inundating aeeas not ordinarily so covered. AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 Floor Area shall mean the sum of the gross horizontal azeas 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. 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. utur Land Use. as used in this Chanter shall mean the Future Land Use as desienated by the adonte_d Comnrehensive Plan trLan._as_mav be amended. Garage, Private shall mean an Accessory Structure or a portion of the Principal Building,Used for storage of motor vr,lticles_ant3_iZ~LSOna1_A~4P~I4Y~~IRLL~.iLi~S2the occupants of the Principal Building. A carportshall_be~o~.tsi_der~d a~a_Private GaLa~e. Garage, Public shall mean a Building or portion thereof, other than a Private Gazage, designed or used for the a;R ki~.~storage; and hiring of motor vehicles. Garage, Repair shall mean a Building,. or portion thereof, Used for repairing, equipping or servicing motor vehicles. See also Service Station. Garage Sale shall mean 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. Gazage 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 Yazd sale, back Yazd sale, home sale, patio sale, rummage sale or any similar designation. Coverxment Use shall mean the Use' of Lands owned by the Federal, State or local government Used for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any Lands.Used by a government, which is converted to private ownership, shall comply with the requirements of the Zoning District and the Comprehensive Plan. Grade, Calculated Average shall mean the average elevation of a site, calculated prior to excavation, fill or Land balancing. The average elevation of the site sfiall be determined by superimposing a horizontal grid composed often (10) equidistant lines by ten (10) equidistant lines, arranged such that the outer perimeter lines shall be substantially aligned with the exterior Lot lines, over the existing. site. At each of the intersections of the lines. of the grid, the existing grade elevation shall be determined by a. registered Land surveyor using standard practices. The average elevation of the site shall then be detemained by adding the one hundred (100) elevations as measured at the points of intersection of the grid together and dividing by one hundred (100). Tliis calculated average elevation shall be Used for all determinations of Building heights on that site and shall be recorded in the records of the City. Alternatively, and by mutual concurrence. of the property owner and the zoning official, on sites where the existing grade is predominantly flat, with few or no variations of grade, the calculated average grade may becalculated by establishing the elevation at [he points of intersection of the exterior Lot lines plus one (1) point at the approximate center of the property. All points measured shall lie on or within the Lot lines of the property. Grade, Developed Catcutated Average shall be. used for Lots with existing Structures or sites where a Stmcture previously existed and no record or means of determining the Calculated Average Grade exists. The Developed Calculated Average Grade shall be determined by superimposing a ten by ten grid of elevation points over the Community Development Board 09-07-01 Revised Strikethrough Draft ' .. R Carage, 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. AGENDA ITEM #SC OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 entire Lot. The average elevation of those points not lying within any portion of an existing. Structure shall be the ' Developed Calculated Average Grade for the purpose of Building height measurements. Altemafively, and by -' mutual concurrence of the property owner and the Building Official, on sites where the existing grade is predominantly flat, with few or no variations of grade, the Developed Calculated. Average Grade may be calculated by establishing the elevation at the points of intersection of the exterior Lot Lines. All points measured shall lie on or within the Lot Lines of the property. Grade, Finished shall mean the elevation of a site afrer all fill, Land balancing or site preparations have been completed. Finished grade shall not be Used in the calculation of Building heights. Group Care Home shall mean any Dwelling, Building or other place, occupied by seven (7) or more persons, including staff, whether operated for profit or not, which provides for a period exceeding twenty-four (24) hours, one or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, 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: Height of Building shall mean the vertical distance from the Calculated Average Grade of the Lot to the highest point of the roof Structure or parapet of the Building. 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 character thereof HOrt1~9~E-s?tign~,slz~11~2e~11~~~r I~Liu_ac~Qrd~i~e wish the_gr iizganents o~ S~~tio_n_2.4=1 g9, f~pm~Of£Ce_.shall mean an aGSv_iry c~s)s_iSS~141Qnly9f ~.priv_at~f~e~gLa RLELit~gt~~; Qf_a3ec9..p,~yiZ~.d.. rA~~es_si.9n, which i~~ntiieiy 1o~ated withi~~'~sldxxasi_alsStnr~htre and~exs_zaot~nv_oLve a~rY dailv~s4Sa~t with~EU~4r~azs-o~ clients A Home Office shall be clearly incidental and accessory to the resd~~l, Use of the nronerty and shall not j=yvolve an~emnlovees commercial~ie_nace manuf~ettirine or storaee of products or materials eoui~ment other than nomval office enui~ment and shall not create any additional daily traffic Home Offices shall be a nemitted Q,~er ~orv Use in all Residenti2l Zo ine District< Hospital shall mean any institution or clinic, ' e which maintains and operates facilities 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 fast-aidtreatment facilities maintained by a commercial or industrial plant; educational institution, convent or convalescent home, as previously defined. Hotel, Motel, Nlotor Lodge or Tourist Court shall mean a Building as licensed by the. State containing individual guest morns for which daily or weekly lodging is provided. House Trailer. See Mobile Home. Impervious Surface shall mean those surfaces that prevent the entry of water into the soil. Common Impervious Surfaces include, but aze not limited to, rooftops, sidewalks, patio areas, driveways, pazking Lots, and other surfaces made of concrete, asphalt, brick, plastiq or any surfacing material with a base or lining of an mapervious material Wood decking elevated two or more inches above grade shall not be considered impervious provided that the ground surface beneath [he decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as Impervious Surfaces because of their. ability to retain additional rain water, however, decking azound a pool may be considered impervious depending upon materials used. Institutional Use shall mean [he Structure and/or Land occupied by a group, cooperarive, boazd, agency or organization created for the purpose of carrying on functions, such as hospitals,schools, churches; fraternal orders, orphanages and nursing or convalescent homes. Junk Yard. See Salvage Yard. Community Development Board. 09-07-01 Revised Strikethrough Draft _ 9 AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 Xenne[, 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, Veterinazy Clinics, animal grooming parlors or pet shops. -' '' Xitchen shall mean an azea equipped for food storage, preparation, and/or cooking in one household. Land hall mean the earth water and air above or below or nn the surface,~t1$jncludes ap_d improvements or _- St~icmres customarily re~arded_aS_L.and.. b bt b b J b 1 _A at _ al-_ _..r..`_ .. L_ ....-...L:_. ..A :~ a.. a-1:1.. :... .. .. _~1.. A......«.....a \-_... :.~ .. fL., uT .....A T..b..l .._...-,._a /~_.t_n _C C Land Develooment Regulations ~~ used witlvn thie Chanter chal] hwe the name meanine as detned 'n e tio~ t63 3164 _Florida_Stat+rtes and __hall in 1 d oning, subdivision_ Building and~tt~tctid_~_and other re_~g1~+t~tions ~ trolling the Use and Develoome,~t~f Land Landscaping shall mean any of the following or combination thereof: Living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; andnonliving durable materials commonly Used in Landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving. Laundromat, Self-service shall mean a business that provides home-type clothes washing and drying or ironing machines to be Used by customers on the premises. Live Entertainment includes, but is not limited to, singers,. pianists, modeling of tingerie for audiences e~for entertainment purposes, 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. Living Area shall mean [he minimum Floor Area of a residential Dwelling Unit, as measured by its exterior dimensions, having access from within the main living area, exclusive of barports, porches, sheds, garages and utility rooms which aze not contained within the walls of a Dwelling Unit. Loading Space shall mean a space within the main Building of on the same Lot, providing for the standing, loading or unloading of bucks or other motor vehicles cotistarcted consistent with the reaiiirements of Lhi~Chapter. Lot shall mean a parcel of Land occupied or intended for occupancy by a Use permitted in this Chapter and having its frontage upon a Street Right-of--way or permanent Easement. and asmav be defined in Chaoter 177. Florid Statutes - - - Lot Area shall mean the area formed b the horizontal lane within the Lot Lines,-exslas~ >e gate ded~atiens- ``r~is'"r'tt~t~'tf' aBL'"oG.m" ~ ~ i'~ e+xr "~:ea~e r"e t~[°' a° z"t=#tco~/€t?~~ts#rt"~",`~~pq°.~'s~iiniaF.~a.:tteF' 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. The exterior Lot Line of the narrowest side of the Lot adjoining the Street shall be considered the front Yard, The exterior Lo[ Line of thelongest side of the Lot abutting the Street shall be considered a side Yazd and shall have a minimum setback of fifteen (15) feet. The opposite side Yard shall conform to the minimum side Yard requirement of the Zoning bistric[ in which it is located. The reaz Yard shall have a minimum setback of twenty (20) feet. Lot Coverage shall mean the area of the Lo[ covered by atl Impervious Surfaces Lot Depth shall mean the distance measured from the middle point of the front Lot Line to the middle point of the Community Development Board 09-07-01 Revised Strikethrough Draft -- - 10 AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-01 opposite rear Lot Line. Lot Line shall mean the legal boundary of a Lot. as_esta~lislied~y a cerSif~sl~a~ld~urvgy. Ln1~f Record shall mean• (a) a Lot that is~art of a documented subdivision the man of which has been recorded inthe Office of the Clerk of thg Circuit Court or (b) Lot Width shall mean the mean horizontal distance between the side Lot Lines, measured at right angles to its depth. Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and pleasure boats on Land, in Buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching. Nlean High Wafer shall mean the average height of the high waters over a nineteen (19) year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and [o reduce the result to the equivalent of a mean nineteen (19) year value, as defined in Chapter 253, Florida Statutes. Mini-warehouses shall include all those businesses commonly known as mini-warehouses which shall be utilized for the sole purpose of storage of tangible personal property. Occupied includes designed, built, altered, converted io or intended to be used or occupied. Offce, Business or Professional shall mean a Building providing office space for business of professional services. Open Space shall mean an area open to the sky, which may be on the same Lot with a Building. The azea may include, along with the natural environmental features, landscanin,~leEleIlts, stormwater retention facilities. swimming pools, teanis courts, or similar ooen air recreational facilities: Streets, Stmctures and screened 4r im rvio roofed Structures shall not be allowed in reeuired Ooen Space: -i~sli~ed: a Community Development Board 09-07-01 Revised Strikethrough Draft _ _ 11 - -. Mobile Home shall mean a Stmeture, transportable in one 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. Nursing Home. See Group Caze Home. AGENDA ITEM #8C OCTOBER 8, 2001 Revised Strikethrough Draft 09-07-O1 Parcel shall mean a tract of Land, which may be described by metes and bounds or recorded Plat. See also the definition for Lot. ~ ' herrd~atspet~-shall mean parking spaces designed wry 4mericans with Disabilities Act (ADAI of 1990 acessibility Guide ~ orBuildinas and Parking Lot shall mean an open azea used exclusively for the parking of motor vehicles, whether or not a fee is charged. Parking Space, Off-Street shall mean a parking space consisting of an area adequate for parking as-autetae>3i~e motor vehicles with room for opening doors on both sides, together with properly related accessto a public Street or alley and maneuvering room, but located totally outside of any Street or alley Right-of--way. Siee_Widlh; denth_and arransement of Parking Spaces shall conform to specifications in this Chapter and may be divided into spaces for standard site vehicles and compact cars. Permanent Control Point (PCP) shall be a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four (4) by four (4) inch concrete monument, aminimum oftwenty-four (24) inches long, with the point of reference marked thereon. PCPs shall bear the registration number of the surveyor filing the Ptat of Record. Permanent Reference Monument (PRM) shall consist of a metal rod a minimum of twenty-four (24) inches long, or a one and one-half (1 I/2) inch minimum diameter metal pipe a minimum of twenty (20) inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six (6) inches in diameter, and extending a minimum of eighteen (18) inches below the top of the monument, or a concrete monument four (4) inches by four (4) inches, aminimum oftwenty-four (24) inches long, with the point of reference mazked thereon. A metal cap marker with the point of reference marked thereon shall bear the.registration number of the surveyor certifying the Plat of record, and the letters "PRl~t" shall be placed in the top of the monument. Planned Unit Development (PUD) shall mean Land under unified control, planned and developed as a whole in a single unified Development or in approved phases. =PUDs may include Dwelling Units and related Uses and facilities. ARnlications for Planned Unit Developments shall id~kify lliask~de-tha principal and ®accessory Uses and Stmctures proposed within the P1JD as well as those inaad the surrounding azeas. Planned Unit Developments are intended to be developed according to a comprehensive and detailed plan of development, which includes Streets, utilities, Lots or Building sites, and facilities and services for common use by some or all of the occupants of the PUD, whether public or private. Planned Unit Development shall be consistent with the Comprehensive Phn Planning Agency shall mean the Community Development Board, or any other agency designated by the City Commission, to serve those tunctionsas the Citv's Local ~'lannin_e Aoencv pursuant to 163 Florida Statutes as well Plot. See Lot or Pacel. Principal Building shall mean the Structure or Building housing the main Use of the property. Principal Use shall mean the primary Use of Land, as distinguished from an Accessory Use. Communiry Development Board 09-07-01 Revised Strikethrough Draft 12 Plat, re-Plat, amended Ptat, or revised Ptat 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 secrions of this Chapter, the Comprehensive Plan, anDlicalzl_e local ordinances~aud Pant i. Chapter_177 Elotida...Stsltutea. AGENDA ITEM #8C OCTOBER 8, 2001 Revised StrikethroughDrafr 09-07-01 Property Line shall mean the exterior Lot Lines of a single Parcel or a group of Lots. when two or more Lots are considered together for the purposes of Development. Protective covenants. See Covenants. Public Improvement shall mean those improvements required to be dedicated to the City, including butnot limited to, Street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, Street names, signs, Landscaping, pazks, permanent reference monuments (PRMs), permanent control points (PCPs) or any other improvement reqused by the City. Public Open Space shall mean Open Space, Land or water areas, available for public Use, not restricted to members or residents. Public Utility. Services or Essential Facilities shall mean the erection, construction, alteration, operation or maintenance of Buildings, power plants or substations, water treatment plants, pumping stations, sewage disposal or pumping plants, telecommunicafion facilities and other similar public service. Stmctures operated by a publicly or privately owned utility, a municipal or othef governmental agency, lawfully designated to famish services area also iii r~wstltin this defit2it4n. Recreational Vehicle (RV) shall include the following types of vehicles: (a) Travel trailer shall mean a vehicular, portable Stmcture built on a chassis and towed; designed to be Used as a temporary dwelling for travel, recreation and vacation Uses; permanently identified travel trailer by the manufacturer on 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 Structure covered with awater-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) Aft terrain vehicles such as dune buggies, swamp buggies and similar vehicles shall be considered recreational vehicles, whether or not licensed as such by the State. (f) Vans specially equipped for camping. Restaurant shall mean any establishment where food is prepared or served for consumption on or off the premises or within an enclosed business or Building. Right-of-way shall mean [he azea of a highway, road, Street, way, parkway or other such strip of Land reserved for public Use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or other lawful means. Salvage Yard shall mean a place where discarded or salvaged materials, aze bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage Yazds shall include automobIle. wrecking, house wrecking and stmctural steel materials and equipment Yazds, but shall not include places forthe purchase of storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials for manufacturing operations. Community Development Board 09-07-0! Revised Snikethrough Draft .__ ~- 13