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Exh 7BAGENDA ITEM #7B NOVEMBER 12, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First public hearing to enact an ordinance of the City of Atlantic Beach amending and adopting zoning, subdivision and land development regulations, which are consistent with the adopted Comprehensive Plan, and as required by Chapter 163, .Florida Statutes. (Second reading and public hearing scheduled for Monday, November 26, 2001 at 7:15 p.m.) SUBMITTED BY: Sonya Doerr, AICP, Community Development Director DATE: November 02, 2001 BACKGROUND: This is the first of two required public hearing to consider an enact amendments to Chapter 24 of the Code of Ordinances, which contains the Zoning and Subdivision regulations for the City of Atlantic Beach. RECOMMENDATION: Motion to approve Ordinance Number 90-01-172. (Second reading and public hearing scheduled for November 26, 2001.) ATTACHMENTS: Proposed ordinance and pages containing changes recommended at the October 29, 2001 workshop. REVIEWED BY CITY MANAGER:-~_ AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft Building Restriction Line shall mean the line(s) extending across the front, sides and/or rear of the property, as defined by the Building Setback requirement of each Zoning District or as depicted on a platted Lot of Record. Unless otherwise allowed by this Chapter, Development of Buildings and Structures shall be contained within Building Restriction Lines. (See Figure 1 and also defnition .for Buildine ~- Set k Buildin~$etback and Butldine Reatr+ction Lin~mav have the one meaning and maybe used interchangeablv.l Building Setback shall mean the minimum required horizontal distance between the front, reaz or side lines of the Lot and the front, rear or sides of the Building.. When two (2) or more Lots under single or unified ownership aze developed as a single Development Pazcel, the exterior Lot Lines of the combined Parcel(s) shall be used to determine required Building Setbacks. (See Figure 2 and definition for Bum inn L;est~icti2n~ine~~ililjn~ Se back and Buil 'n~Restrioti9tt~~ne grtay have the same meanine and may be use interchangeably 1 Bulkhead shall mean a fixed Structure constructed between Land and water or rnarsh azeas, primarily designed to resist earth pressures. Car wash shall mean an azea of Land or a Structure with machine or hand operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include the repair or servicing of motor vehicles. 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. IO130/OI Front Figure 1 Figure 2 Center Line, Street shall mean a line n,nning 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 (Certificate of Completion) shall mean that certificate issued by the City of Atlantic. Beach subsequent to fmal inspection by the designated Administrative 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.. 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 Records 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. 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. AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft 10/30/01 (3) Work for maintenance, renewal, improvement or alteration of any Structure, if the work affects only the interior or the color of the Stmcture 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 enjoymenfof 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 Permit shall include any Building Permit, Variance, Use-by-Exception, Plat or Subdivision approval, rezoning, or other official acfion of the City of Atlantic Beach, which shall pemrit the Development of Land. District shall mean Zoning District classifications as established by the official Zoning Maps and as set forth in Division 5 of this Chapter. Duplex. See Dwelling, Two-family. Dweltiuag Unif shall mean a single unit providing complete independent living facilities for a Family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, Multi-family shall mean a residenfial 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 Dwelling Unit, and not attached to any other Dwelling Unit by any means, and occupied by one Family only. Dwelling, Two-family (Duplex) 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 one Family per Dwelling Unit. Easement shall mean a grant from-a property owner for the Use of Land for a specific purpose or purposes by the general public, by a corporation or by certain person(s). -Eaves and Cornices shall mean typical projections from the roof Structure of a Building. Eaves and Cornices shall not project beyond ~~°°*-_..~-_~-~ ^-.T forty-eeht (481 inches into Required Front and Reaz Yards. Eaves and Cornices shall not project into Required Side Yards beyond twenty-four (24) inches, or forty (40) percent of the established Required Side Yard Setback, whichever distance is less. EnvironmentaIly' Sensitive Areas shall include lands, waters or azeas within the City of Atlantic Beach which meet any of the following criteria: (a) Wetlands determined to be jurisdictional, .and which aze regulated by the Florida Department of Environmental Protection (F'DEP) and the St, Johns River Water Management District (STRWMD); (b) Estuaries, or estuarine systems; AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft ZO/30/OI (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 simi]ar enclosed vehicles specially equipped for camping. Restaurant shall mean any establishment where food is prepazed or served for consumption on or off the premises or within an enclosed business or Building. Right-of--way shall mean the azea of a highway, road, Street, way, pazkway or other such strip of Land reserved for public Use, whether established by ptescripfion, easement, dedication, gift, purchase, eminent domain or other lawful means. Salvage Yard shall mean a place where discazded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage Yazds 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 for manufacturing operations. Screening shall mean the required treatment of Land parallel to adjacent Lot Lines, containing either: densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that. shall form a year round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similazly constructed Fence, wall or barrier. Where a Fence, wall or similaz type bamer is used, construction materials, fmish and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used irr place of a fence, wall or trees. Seat shall mean, for the purpose of detemuning the number of required Off-Street Pazking Spaces, the number of chairs. 1n the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one seat. For areas without fixed seating such as standing azeas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required Seat. Service Station, Antomotive shall mean any Building, Structure or Land Used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed general automotive servicing; as distinguished from automotive repairs. Setback shall mean the required distance between the Lot Line and the Building or Structure. See definition for Building Setback. Shopping Center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with Off-Street Pazking provided on the property, and related in location, size and type of shops to the trade azea which the unit serves. Sight Triangle shall mean the azea 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. See Figure 3. T 16 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft IO/30/OI vi. Over four (4) bedrooms, add one hundred fifty (150) squaze feet of enclosed living per additional room. Sec. 24-83. Required Yards and Permitted Projections into Required Yards. (a) Required Yards. Unless otherwise specified in this Chapter, every part of a Required Yard shall be open and unobstructed from the Finished Grade to the sky, .except for Structures that do not exceed thirty (30) inches in height. .,~.~~ (b) Structural Projections. Architectural features such as Eaves and Cornices, aa~;~-mod cantilevered balconies, may project a distance not to exceed Rver3ty- €s+~r-x-24) orty-eieht (481.inches into Required Front and Reaz Yazds: Eaves and Comices only may project into Required Side Yards,. but not beyond twenty-four (24) inches, or forty (40) percent of the established Required Side Yard Setback, whichever distance is less. (c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors, or similaz equipment that makes excessive noise, shall not be located closer than five (5) feet from any Lot Line. Sec. 24-84. Double Frontage Lots. (a) Double frontage Lots. On double frontage Lots, the Required Front Yard shall be provided on each Street, except for Lots as set forth below and as set forth in Section 24-88(d). (b) Special treatment of ocean-front Lots on Beach Avenue. For these double frontage Lots having frontage on the Atlantic Ocean, the front Yard shall be the Yazd which faces the Atlantic Ocean, and the Required Front Yazd shall be measured from the Lot Line parallel to or neazest the ocean. (c) Special treatment of Ocean Boulevazd Lots with double frontage. For double frontage Lots extending between Beach Avenue and Ocean Boulevazd, the Required Front Yazd shall be the Yazd which faces Ocean Boulevazd. Sec. 24-85. Nonconforming Lots, Uses and Structures (a) Intent. Within the established Zoning Districts, there exist Lots, Structures and Uses of Land that were lawful prior to the adoption of these Land Development Regulations. Such Lots, Uses and Structures would be prohibited, restricted or regulated through. the provisions of this Chapter or the adopted Comprehensive Plan.. It is the intent of this Section to recognize the legal rights entitled to property owners of existing Nonconforming Lots; Uses and Structures, and to permit such non- conformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming chazacteristic shall not be considered as justification for the granting of Variances, and any Nonconforming Structure or Use which is made conforming shall not be permitted to revert to any Nonconforming Structure or Use: ~a AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft 10/34!01 not exceed seventy-five (75) percent of the heated and cooled. azea of the Principal Dwelling. (c) Theze shall be not less than twenty (26} feet between the Principal Dwelling and the Structure containing the Private Garage and the Garage Apartment. (d) The Use restrictions and the minimum Yazd. requirements that apply to the Principal Dwelling shall also apply the Structure containing the Private Gazage and the Garage Apartment. (e) A Gazage Apartment shall not be leased or rented for less than ninety (90) consecutive days. (f) A Structure containing a Private Garage and a Garage Apartment shall remain in joint ownership with the Principal Dwelling and shall not be subdivided from the Lot on which the Principal Structure is located. (g} Any existing Structure containing a Private Garage and Garage Apartrnent that is encroaching into the Street Right-of--way shall not be rebuilt, enlazged, remodeled or structurally altered unless such encroachment is removed from the Right-of--way. ,,..i..~ „a ..~.„n ~ e .. :.pie T... +~.e r;+., r;..:.. „ca.a ...n+ +w..+ «w„ : .,i ...,ea c,._ b f a a Secs. 24sJ&8~through 24100. Reserved. ~x AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft (2) Reaz Yard: Twenty (20) feet. Z 0/30/01 ~~~ (3).Side Yazd: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an (f) Building restrictions. The Building restrictions in the RS-2 Zoning Districts shall be as follows. (1) Maximum Impervious Surface: Fifty (50) percent. (2) Maximum Building Height: Thirty-five (35) feet. Sec. 24-106. Residential General, Two-family Districts. (RG-1 and RG-lA). (a) Intent. The RG-1 and RG-lA Zoning Districts aze intended for Development of low and medium Density Single-farruly and Two-family residential areas. (b) Permitted Uses. The Uses permitted in the RG-1 and RG-lA Zoning Districts shall be District as follows. (I) Single-family Dwellings. (2) Two-family (duplex) Dwellings.. (3) Accessory Uses as set forth in Section 24-151. (4) Townhouses, subject to compliance with Article N, Subdivision. Regulations and Section 24-87. (5) Government Buildings and facilities. (~ Family Day Caze Homes and Group Care Homes. (c) Uses-by-Exception. Subject to the provisions of Section 24-63, the following Uses may be approved as aUse-by-Exception in the RG-1 and RG-lA Zoning Districts. (1) Child Caze Centers. (2) Churches. (3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (4) Schools and Commursity Centezs. (5) Home Occupations subject to the provisions of Section 24-159. 43 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft 10/30/01 (d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RG-1 and RG-lA Zoning Districts shall be as follows. (1) Lot or Site Area in the RG-1 and RG-lA Zoning Districts: i. Single-family Dwellings; 5,000 squaze feet. ii. Two-family (duplex) Dwelling orTownhouse: Lands designated as Low Density by the Future Land Use Map: 14,500 squaze feet Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet Lands designated as High Density by the Future Land Use Map: 4,350 squaze feet (2) Lot width in the RG-1 Zoning Districts: i. Single-family Dwellings: Fifty (50) feet. ii. Two-family Dwelling or Townhouse: Fifty (50) feet. (3) Lot width in the RG-lA Zoning Districts: i. Single-family Dwellings: Fifty (50) feet. ii. Two-family Dwelling or Townhouse:. Seventy-five (75) feet (4) Lot depth in the RG-1 and the RG-lA Zoning Districts: One hundred (100) feet. (e) Minimum Yard Requirements. The minimum Yard Requirement in the RG-1 and the RG-lA Zoning Districts shall be as follows. (1) Front Yazd: Twenty (20) feet.. (2) Rear Yazd: Twenty (20) feet. ~~- (3) Side Yard: Fifteen (15) total feet and five (5) minimum feet on either side_ In the case of arm (f) Building Restrictions, The Building restrictions for the RG-1 and the RG-lA Zoning Districts shall be as follows. (1) Maximum Impervious Surface: Fifty (50) percent. (2) Maximum Building Height: Thirty-five (35) feet. Sec. 24-107. Residential General, Multi-family.. (RG2 and RG3) (a) Intent. The RG-2 and RG-3 Zoning Districts aze intended for development of medium to high-density Multi-family residential azeas. 44 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft IOf30/01 (e) Minimum Yard Requirements. The minimum Yazd Requirements in the RG-2 and RG-3 Zoning Districts shall be as follows. (1) Front Yazd: Twenty (20) feet. (2) Rear Yazd: Twenty (20) feet. (3} Side Yazd: ~~ i. Single-family Dwellings: Fifteen (15) total feet and five (5) minimum feet on either side. ~ ii. Two-family (Duplex) Dwellings and Townhouse. Seven and one-half (7.5) each side. iii. Multi-family Dwellings: Fifteen (15) feet each side. (f1 Building Restrictions. The Buildings Restrictions for the RG-2 and RG-3 Zoning Districts shall be as follows. (1) Maximum Impervious Surface: Fifty (50) percent. (2) Maximum Building Height: Thirty-five (35) feet. Sec. 24108. Residential Mobile l3ome Districts. (RM1iT} (a) Intent. The RMH Zoning Districts are intended for Development of Lots for Mobile Homes in Mobile Home Subdivisions or Mobile Home Pazks. These Zoning Districts aze not intended for permanent Single-family Dwellings. (b) Permitted Uses. The Uses permitted in the RMH Zoning Districts aze Mobile Horne Parks or Mobile Home Subdivisions. (c) Uses-by-Exception. Within the RMH: Zoning Districts, the following Uses maybe approved as a Use- by-Exception. (1) Seivice and recreational facilities intended to serve the requirements of the residents of a Mobile Home Park having a minimum of seventy-five (75) Lots or spaces. (2) Government Buildings and facilities. (d) Minimum Lot or site requirements. The minimum 7equirements for Lots and sites in the RMH Zoning Districts shall be as follows: (1) Lot or site azea: Mobile Home Pazks - 4,000 squaze feet. Mobile Home Subdivisions -minimum site azea of five (5) acres 46 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised,Draft 10/30/01 (3) Lot depth: One hundred (100) feet. (e) Minimum Yazd Requirements. The minimum Yard requirements for the ILW Zoning Districts shall be as follows. (1) Front Yazd: Twenty (20) feet. (2) Rear Yard: Twenty (20) feet. (3) Side Yazd: Ten (10) feet. (f) Building Restrictions. The Building restrictions for the ILW Zoning Districts shall be as follows. (1) Maximum Impervious Surface: Seventy (70) percent. (2) Maximum Building height: Thirty-five (35) feet. ~~ Sec. 24-113. Special Purpose District. (SP) (a) Intent. The Special Purpose District is intended for a limited single Use. Applications to rezone Land to Special Purpose District may be made in accordance with Section 24-62. The Use proposed for any Special Purpose District shall be consistent with the Comprehensive Plan, and the Use and any limitations applicable to such Use shall be stated within the ordinance establishing the Special Purpose District. (b) Permitted Uses. Subiect to aoorova] by the City Commission of the ordinance creatin? a Sne~ial following Uses or substantially similar Uses. ^•'^~°^` «- ^- °°°' -` «~- °--'~-^~-° ^-°- ~~pp (1) Telecottununication and broadcast facilities subject to applicable Federal licensing re uirements. O~ /~~ ~.rya.oLc.d ..Cat 5~ie-,~.. 7~t ~C. ~G~Gq.~ C (/ (2) Government Uses and public facihties. (~ The existing Salvage Yazds icy. restricted to storaee and sa va operations o~automobiles, trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized 54 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft (d) Uses-by-Exception. None. 10/30/01 (e) Minimum Lot or Site Requirements. Minimum required Lot Area shall be determined based upon the characteristics of the Use proposed. (e) Minimum Yazd Requirements. Structures shall be a minimum distance of five (5) feet from any property line. (f) Building Restrictions. The Building Restrictions applicable to any Use permitted within a Special Purpose Districbshall be established within the ordinance creating such Special Purpose District. ~~- (g) Special Requirements. Development within Special Purpose Districts shall be subject to the following provisions. (1) Accessory Uses shall be determined based upon the specific Use permitted within the Special Purpose District. e„_~. n __,==,.... rr_,_ .,.,,. :,,,.u_ae _ _,a~ c .,.n. `_~'_a,,.._e c _ .~.o ~ .---, _. __~ _ __~ - ~_a__ _~....~ ,._ _ ___ _ (2) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (~ months or abandoned, the Zoning District designation shall remain Special Purpose (SP), except in the case where the terms of an SP District require reversion to a previous Zoning District designation. Ixr all other cases, no future Use shall be permitted except in conformance with the requirements of this Section and until the Ordinance establishing the Special Purpose District is amended. (3) Where a specific permitted Use within a Special Purpose District is ceased for a period of six (6) months, or abandoned, all Structures, equipment, stored materials and any refuse shall be fully removed, at the property owner's expense, within six (6) months of receiving written nofice from the City of Atlantic Beach in accordance with such order for removal or in accordance with the terms of the Ordinance establishine the Snecial Puroose District. Sec. 24-114. Central Business District (CBD) (a) Tntent. The Central Business District is intended for low intensity, neighborhood scale commercial and retail Uses, and Professional Offices, which aze suitable within the constraints of the existing Development patterns of the District and which contribute to the commercial; civic and cultural vitality of the City of Atlantic Beach Town Center azea. The Central Business District contains an established Development pattern with a predominance of older Structures built prior to the current requirements for azea, setbacks, pazking and other site related elements. (b) Permitted Uses. The Uses permitted in the Central Business District shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, Laundromat, (but not dry cleaners), tailors or dressmakers; low intensity retail sales of items such as wearing appazel, toys, sundries and notions, books, stationery,: luggage, jewelry, or similaz Uses. 55 AGENDA ITEM #7B NOVEMBER 12, 2001 Revised Draft IO/30/01 Sec. 24-163. Storage and Parking of Commercial Vehicles and Recrea 'onal Vehicles and Equipment in Residential Zoning Districts.. (a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight shall be prohibited in all residential Zoning Districts. Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle weight, Recreational Vehicles, and trailers of all. types, including travel,. boat, camping and hauling, shall not be pazked or stored on any Lot occupied by a Dwelling or on any Lot ih any residential Zoning District, except in accordance with the following requirements: (1) No more than one (1) comrnerciaLvehicle of less than 12,500 pounds shall be permitted any residential Lot, and such commercial vehicle shall be parked a minimum of fifteen (IS) feet from the front Lot Line. Such commercial vehicle shall be used in association with the occupation of the resident. (2) In no case shall a commercial vehicle used for hauling. explosives, gasoline or liquefied petroleum products or other hazardous materials be pemritted to be pazked or stored either temporarily or permanently nx any residential Zoning District_ (b) Recreational Vehicles stored or pazked on any residential Lot shall be subject to the following provisions: (1) Not more than one (1) Recreational Vehicle, boat or boat trailer, or other type of trailer shall be stored or pazked on any residential Lot which is 5000 squaze feet in Lot Area or less. Minimum Lot Area of 10,000 squaze feet is required for storage or pazking of any second Recreational Vehicle, boat or boat trailer, or other type of trailer. (2) Recreational Vehicles, boats or boat trailers, or other type of trailer shall not be pazked or stored closer than eerrt(4-S~ feet from the Front °- °~-~t-siee-Lot Line or closer than fifteen (151 feet from anv other Street side Lot Line of any residential Lot. (3) Recreational Vehicles, travel trailers or motor homes shall not be .inhabited or occupied, either temporarily or permanently, while pazked or stored in any area except in a trailer pazk designated for such use as authorized within this Chapter. (4) Recreational Vehicles pazked or stored on any residential Lot for a period exceeding twenty-four (24) hours shall be owned by the;occupant of said Lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined in Section 21-24, shall not be pazked or stored in any residential Zoning District. (d) No materials, supplies, appliances or equipment. used or designed for use in commercial or industrial operations shall be stored in residential Zoning Districts, nor shall any home appliances or interior home furnishings be stored outdoors in any residential Zoning District. (e) The provisions of this Section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connections with the construction of a Building on the property, which has been approved in accordance with the terms of this Chapter or to commercial or Recreational Vehicles pazked within completely enclosed Buildings. ~~