Exh 7BAGENDA ITEM #7B
NOVEMBER 26, 2001
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Final public hearing and second .reading 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.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: November 15, 2001
BACKGROUND: This is the fmal of two required public hearings fo 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. Changes directed by the Cornrnission have been made, and
the pages containing those revisions are attached hereto. Page references to those changes. are provided
below. Please call me at 247-5817 if you wish to be provided with an additional copy of Chapter
24 in its entirety.
Sections 24-104 through 24-108 (pages 40-45): The following statement has been added to
the Intent paragraph of each residential Zoning District.
All Development of Land and Pazcels within the RS-1 (or applicable District) Zoning Districts
• Section 24-163 (pages 73-74): Pazagraph (a) (1) has been changed to maintain the required
distance for Commercial Vehicles less than 12,500 pounds gross vehicle weight to be parked
a minimum of twenty (20) feet from the front Lot Line..
Paragraph-(b) (2) has been changed to allow RVs. boats. and boat. trailers to be pazked a
minimum of fifteen (15) feet from the front Lot Line.
Section 24-51. Vested Rights (page 23): No changes to this. Section were duected. Please
refer to the memorandum included. with this staff report, which provides additional information
to assist in the understanding of vested rights, or as commonly referred to, "grand fathered"
rights.
RECOMMENDATION: Motion to enact Ordinance 90-OI-172.
ATTACHMENTS: Proposed ordinance and pages containing changes. as directed at the
November 12, 2001 public hearing
REVIEWED BY CITY MANAf.~R•
AGENDA ITEM #7B
NOVEMBER 26, 2001
ORDINANCE NUMBER: 90-O1-172
AN ORDINANCE OF THE CYTY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING BY
REFERENCE ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, WHICH GENERALLY. AND
SPECIFICALLY REGULATE THE USE AND DEVELOPMENT OF
LAND AND WATERS WITHIN THE CITY OF ATLANTIC BEACH,
FLORIDA. SUCH REGULATIONS SHALL BE ADOPTED BY
REFERENCE AS CHAPTER 24 OF THE CODE OF ORDINANCES
AS ADOPTED THROUGH ORDINANCE NUMBER 90-O1-170 AND
CONTAINING FOUR ARTICLES: ARTICLE 1 - IN GENERAL
AND PROVIDING FOR ADOPTION AND AUHTORITY, PURPOSE
AND INTENT, JURISDICTION, AMENDMENTS, LEGAL STATUS
AND CONSISTENCY WITH THE COMPREHENSIVE PLAN;
ARTICLE II -LANGUAGE AND DEFINITIONS; ARTICLE III -
ZONING REGULATIONS, IN GENERAL AND PROVIDING FOR
ADMINISTRATION, APPLICATION PROCEDURES, .GENERAL
PROVISIONS AND EXCEPTYONS, ESTABLISHMENT OF
DISTRICTS, PLANNED UNIT DEVELOPMENTS,
SUPPLEMENTARY REGULATIONS, LANDSCAPING AND
ARTICLE IV -SUBDIVISION REGULATIONS - IN GENERAL
AND PROVIDING FOR APPLICATION PROCEDURES,
REQUIRED IMPROVEMENTS, ASSURANCE FOR COMPLETION
AND MAINTENANCE OF IMPROVEMENTS, DESIGN AND
CONSTRUCTION STANDARDS. THIS ORDINANCE ALSO
PROVIDES FOR FINDINGS OF FACT, SEVERABILITY, REPEAL
OF CONFLICTING. ORDINANCES, OR PORTIONS ,THEREOF
AND PROVIDES FOR AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach; Florida, (hereinafter
the "Commission") hereby finds that the public health; safety and welfaze of citizens are
protected and enhanced by the enactment of these Zoning, Subdivision and: Land. Development
Regulations. These regulations shall serve to inform the public of regulations and provisions,
which generally and specifically regulate the use and development of land. and waters within the
City of Atlantic Beach. These Land Development Regulations shall also: (a) protect the natural
environment and its resources; (b) protect and preserve the quality of life within the City of
Atlantic Beach; (b) implement the Comprehensive Plan for the City of Atlantic Beach; and (d)
preserve Constitutionally protected property rights, and
WHEREAS, the Zoning Districts and regulations set forth herein provide for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
Ordinance 90-O1-172 Page 1 of3
AGENDA ITEM #7B
NOVEMBER 26, 2001
prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appeazance, convenience, and general welfare of the public and serve to accomplish
and implement the goals and objectives ofthe Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 12th
day of November, 2001 at 7:15 p.m. and on the 26th day of November; 2001 at 7:15 p.m. to hear
and enact said Zoning, Subdivision and Land Development Regulations.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals aze hereby incorporated herein as Findings of Fact in
support of this Ordinance and these Zoning, Subdivision and Land Development Regulations.
SECTION 2. .The attached Exhibit A, Zoning. Subdivision and .Land Development
Regulations (hereinafter "Land Development Regulations") aze hereby incorporated as Chapter
24 of the City of Atlantic Beach Code of Ordinances, and enacted by reference.
SECTION 3. City of Atlantic Beach Zoning and Subdivision Regulations as adopted
within Chapter 24 of the City of Atlantic Beach Code of Ordinances through Ordinance Number
95-99-72, as they may have been amended from time to time, are hereby repealed; provided that
certain development, land use, or construction, if qualified; may have vested rights to continue or
be completed under the terms of these repealed ordinances or provisions therein.
SECTION 4. Any violation occurring before the effective date of these Land
Development Regulations shall not be deemed voided by the enactment of this Ordinance.
SECTION 5. All provisions of any City of Atlantic Beach ordinance, resolution,
regulation or policy in express conflict with these Land Development Regulations are hereby
repealed to the extent of such conflict.
SECTION 6. Other regulations .and ordinances which may regulate the use and
development of Land, such as but not limited to utility, sign, vegetation, impact fee ordinances,
and ordinances incorporating Florida Building Codes, and other such technical codes, remain in
effect and aze not replaced by these Land Development Regulations.
SECTION 7. In the case that any section, subsection, pazagraph, phrase or sentence of
this Ordinance or these Land Development Regulations is fos any reason held invalid or
unconstitufional by any Court of competent jurisdiction, such portion shall be deemed a sepazate,
distinct and independent provision, and such holding shall not affect the yaladity and lawfulness
of the remaining portions. of this Ordinance or these Land Development Regulations.
SECTION 8. This Ordinance and these Land Development Regulations shall take effect
on January Ol, 2002.
Ordinance 90-01-172 Page 2 of 3
AGENDA ITEM #7B
NOVEMBER 26, 2001
SECTION 9. This Ordinance shall be recorded. in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of November, 2001.
Passed on final reading and public hearing this th of November, 2001.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIlZE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-O1-172 Page 3 of 3
AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 12, 2007
(2) Maximum Building Height: Thirty-five (35) feet
Sec. 24-104. Residential, Single-family Districts. (RS-1)
(a) Intent. The RS-1 Zoning Districts are intended for developrrient of low Density Single-family
residential areas. All Develo men ~I~and Parcels witiuzi_the RS-1 7onin~ Districts shall
(b) Permitted Uses. The Uses permitted in the RS-1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses-by-Exception. In the RS-1 Zoning Districts, the following Uses-by-Exception may be permitted.
(1) Churches, subject to the provisions of Sectiop 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS-1
Zoning Districts shall be as follows:
(1) Lot or site area: 7,500 square feet:
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
(e) Minimum Yazd Requirements. The minimum Yazd Requirements in the RS-1 Zoning Districts shall
be as follows:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yazd: Twenty (20) feet.
(3) Side Yazd: Seven and one-half (7.5) feet.
(f) Building Restrictions. The Building Restrictions in the RS-1 Zoning Districts are:
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 72, 2001
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-105. Residential, Single-family Districts. (RS-2)
(a) Intent. The RS-2 Zoning Districts .are intended to apply to predominately developed areas of Single-
family Dwellings with Lots that are smaller than those in the RS-l Zoning District. All Deve ent
Qf~artd and Parcels within the RS-2 Zoning District~~l alL comely with the res dential Density
limitations as set fort13 it~t~e~donted Comprehensive Plan for the City o~~La t' e ~h a~r~a~lZe
mod.
(b) Permitted Uses. The Uses permitted in the RS-2 Zoning Districts are:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses-by-Exception. In the RS-2 Zoning Districts, the following Uses-by-Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residenfial neighborhood.
(3) Schools.
(4) Rome Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS-2
Zoning Districts shall be as follows.
(1) Lot or site azea: 5,000 square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS-2 Zoning Districts shall
be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yazd: Twenty (20) feet.
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November I2, 200I
(2) Maximum Building Height: Thirty-five (35) feet
Sec. 24-104. Residential, Single-family Districts. (RS-1)
(a) Intent. The RS-1 Zoning Districts are intended for development of low Density Single-family
residential areas. All Develonment of Land and Parcel~t~iin-t1~e~Zc?~in~islric~s_shall
~tv of Atlantic Beach as maybe amended
(b) Permitted Uses. The Uses permitted in the RS-1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-d51.)
(3) Government Buildings and facilities.
(c) Uses-by-Exception. In the RS-1 Zoning Districts, the following Uses-by-Exception may be permitted.
(1) Churches, subject to the provisions of$ection 24-153.
(2) Public and private recreational facilites not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Secfion 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS-1
Zoning Districts shall be as follows:
{1) Lot or site area: 7,500 squaze feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS-1 Zoning Districts shall
be as follows:
(1) Front Yard: Twenty (20) feet.
(2) Rear Yazd: Twenty (20) feet.
(3) Side Yazd:. Seven and one-half (7.5) feet.
(f) Building Restrictions. The Building Restrictions in the RS-1 Zoning Districts aze:
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 12, 2001
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-105. Residential, Single-family Districts. (RS-2)
(a) Intent. The RS-2 Zoning Districts are intended to apply to predominately developed areas of Single-
family Dwellings with Lots that are smaller than those in the RS-1 Zoning District. All Development
amended
(b) Permitted Uses. The Uses permitted inthe RS-2 Zoning Districts are:
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses-by-Exception. In the RS-2 Zoning Districts, the following Uses-by-Exception maybe permitted.
(1) Churches, subject to the provisions: of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and ofa neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS-2
Zoning Districts shall be as follows.
(1) Lot or site azea: 5,000 squaze feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum Yazd Requirements. The minimum Yard Requirements in the RS-2 Zoning Districts shall
be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Reaz Yazd: Twenty (20) feet.
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 12, 2001
(3) Side Yard: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an
existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yardof fftees(15) total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yard of twelve (12) feet, thereby
providing for a combined total side Yard of fifteen (15) feet.
(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-family and Two-family residential areas. Al_1 Develooment o_f Land and Parcels
(b) Permitted Uses. The Uses permitted in the. RG-1 and RG-lA Zoning Districts shall be District as
follows.
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings.
(3) Accessory Uses as set forth in Section 24-I51.
(4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87
(5) Government Buildings and facilities.
(6) Family Day Care 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 andRG-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 Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 12, 2001
(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 square feet.
ii. Two-family (duplex) Dwelling or Townhouse:
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 square 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-I and the RG-lA Zoning
.Districts shall be as follows.
(I) Front Yard: 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 an
existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yazd of ffteen (15) total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yai•d of twelve (12) feet, thereby
providing for a combined total side Yazd of fifteen (15) feet.
(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. (RG-2 and RG-3)
(a) Intent. The RG-2 and RG-3 Zoning Districts are intended for development ofinedium to high-density
Multi-family residential areas. All Develooment of .Land and Parcels within the RG-2 and RG-3
43
AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November I2, 200I
Zonine Districts shall comply with the residential Density limita~o~s~~sez forth in the adopted
Comprehensive Plan for the City of Atlantic Beach a~i2~y be amended.
(b) Permitted Uses. The Uses permitted RG-2 and RG-3 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Two-family (duplex) Dwellings.
(3) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87.
(4) Multi-family Dwellings, subject. to the Density limitations as set forth in the Comprehensive Plan.
(5) Accessory Uses as set forth in Section 24-151.
(6) Government Buildings and facilities.
(7) Family Day Care Homes and Group Care Homes.
(c) Uses-by-Exception. Subject to the provisions of Section24-63, tha followirig Uses may be approved
as aUse-by-Exception in the RG-2 and RG-3 Zoning Districts.
(1) Churches.
(2) Public and private recreafion facilities not of a commercial. nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Child Caze Centers.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159
(d) Minimum Lot or Site Requirements.. The minimum Lot and site requirements for the RG-2 and RG-3
Zoning Districts shall be as follows.
(1) Lot or Site Area:
i. Single-family Dwellings: 5,000 squaze feet.
ii. Two-family Dwellings or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500. square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 squaze feet
Lands designated as High Density by the Future Land Use Map: 4;350 squaze feet
iii. Multi-family Dwellings:. Minimum 5000 square feet, with allowable additional units
determined by the Density limitations as set forth in the Comprehensive Plan.
(2) Lot width in the RG-2 and RG-3 Zoning Districts:
i. Single-family Dwellings: Fifty (50) feet.
ii. Two-family Dwelling or Townhouse: Fifty. (50) feet.
iii. Mulfi-family Dwellings: Seventy-five (75) feet
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November I1, 2001
(3) Lot depth in the RG-2 and RG-3 Zoning Districts: One hundred (100) feet:
(e) Minimum Yazd Requirements. The minimum Yard Requirements in the RG-2 and RG-3 Zoning
Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard:
i. Single-family Dwellings: Fifteen (15) total feet and five (5) minimum feet. on either side. In
the case of an existing Nonconforming Structure that does not comply with Required Side
Yazds, any new Development shall provide for a combined total Side Yard of fifteen (15)
total feet. For example, where an existing Structure is located three (3}feet from the side Lot
Line, new Development on the opposite side Yard shall provide a minimum Required Side
Yard of twelve (12) feet, thereby providing for a combined total side Yard of fifteen (15) feet.
ii. Two-family (Duplex) Dwellings and Townhouse. Seven and one-half (?.5) each side.
iii. Multi-family Dwellings: Fifteen (15) feet each side.
(f) Building Restricfions. 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. 24-108. Residential Mobile Home Districts. (RMH)
(a) Intent. The RMH Zoning Districts are intended for Development of Lots for Mobile Homes in Mobile
Home Subdivisions or Mobile Home Parks. These Zoning Districts are not intended for permanent
Single-family Dwellings. All Development of Land and Parcels within the RMH Zonine Districts
(b) Permitted Uses. The Uses permitted in the RMH Zoning Districts are Mobile Home Parks or Mobile
Home Subdivisions.
(c) Uses-by-Exception. Within the RMH Zoning Districts, the following Uses may be approved as a Use-
by-Exception.
(1) Service and recreational facilifies intended to serve the requitements of the residents of a Mobile
Home Pazk having a minimum of seventy-five (75) Lots or spaces.
(2) Government Buildings and facilifies.
(d) Minimum Lot or site requirements. The minimum requirements for Lots and sites in the RMH
Zoning Districts shall be as follows:
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AGENDA ITEM #7B
NOVEMBER 26, 2001
.Monday, November I2, 2007
(17) Schools and educational Uses:
i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen;
ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff
member.
(18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet
of gross floor area;
(19) Day care centers: Two (2) spaces for each employee, plus a cleazly designated drop off and pick
up area;
(20) Shopping centers: Four (4) spaces for each .one thousand (1,000) square feet of gross leasable
area.
(h) Off-Street loading spaces: Off-Street loading spaces shall be provided and maintained for hospital,
institutions, single occupancy commercial or industrial Building, or similar Use requiring the receipt
or distribution by vehicles of materials and merchandise as follows: One (1)' pace for the first ten
thousand (10,000) square feet of gross floor area and one (1) additional space for each twenty
thousand (20,000) squaze feet of gross floor area, or fraction thereof, over and above the fnst ten
thousand (10,000) square feet.
(i) Applications to vary from the requirements of this Section shall follgw the. procedures set forth in
Section 24-63.
Sec. 24-162. Parking Lots.
Off-Street pazking Lots may be a permissible Use-by-Exception in all nonresidential Zoning Districts
where such Lots are within four hundred (400) feet of the property requiring off-Street pazking and
provided such parking Lots shall also conform to the following:
(a) A wall, fencing, shrubbery or as otherwise required by the Community Development Board and the
City Commission shall be erected along edges of portions of such pazking.
(b) No source of illumination for the parking area shall be directly visible from any window in any
residence in an adjoining iesidential Zoning District.
(c) There shall be no sales. or service activity of any kind in any parking area unless a permit is applied
for and granted by the Community Development Boazd.
Sec. 24-163. Storage and Parking of Commercial Vehicles and Recreational 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 Distdcts. Commercial
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November I2, 2001
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 parked or stored on any Lot occupied by a Dwelling. or on any Lot in any residential Zoning
District, except in accordance with the following requirements:
(1) No more than one (1) commercial vehicle of less than 12,500 pounds shall be permitted any
residential Lot, and such commercial vehicle shall be parked a minimum of ~r.T w~~t
~2 .Meet from the front Lot Line. Such commercial vehicle shall be used in associatioh with-the
occupation of the resident.
(2) )n no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum
products or other hazardous materials be permitted to be parked or stored either temporarily or
permanently in any residental Zoning District.
(b) Recreational Vehicles stored or parked 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 parked on any residential Lot which is 5000 square feet in Lot :Area or less. Minimum
Lot Area of 10,000 square feet is required for storage or parking 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 parked or stored
closer than ~~ °~~'-~)- fifteen (151 feet from the Front Lot Line or closer than fifteen (15) feet
from any 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 parked or stored in any azea except in a trailer"park 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 parked within completely enclosed Buildings.
Sec. 24-164. Swimming Pools.
Swimming Pools and ornamental pools shall be located, designed, opezated; and maintained so as to
minimize interference with any adjoining: residential properties, and shall be subject to the following
provisions.
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AGENDA ITEM #7B
NOVEMBER 26, 2001
Monday, November 12, 2001
grounds of the illegality. The petition shall be presented to the City Commission within thirty (30)
days after the filing of the appeal with the City Clerk.
(c) Stay of work. An appeal to the Community Development Board or the City Commission shall stay
all work on the premises and all proceedings. in furtherance of the action appealed, unless the
designated Administrative Official shall certify to the Community Development Board 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 a restraining order, which inay be granted by the
Community Development Board after application to the officer from whom the appeal is taken and on
due cause shown.
Sec. 24-51. Vested Rights.
(a) Determinations 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 Community Development Director. 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 a vested rights determination
shall be consistent with the terms of the Development approval upon which the vesting deternnation
was based.
(b) Expiration of Vested Rights.
(1) Statutory vested rights determinations 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 was made unless
otherwise specified by the vesting determination, provided that the City may cancel and negate
such vested rights prior to the expiration of said time period if it can demonstrated that the request
for a vested rights determinafioswas based on substanfially inaccurate information provided by
the Applicant, or that the revocation of said vested rights is cleazly established to be essential for
the health, safety and welfare of the public.
(c) Appeals of vesfing determinations. An appeal of the denial of a vesting determihafion may be made
to the City Commission by filing such appeal with the City Clerk within thirty (30) days of receipt of
writtemnotificafion of the denial. Appeals of vesting determinarions shall be granted only by the City
Commission.
Secs. 24-52. through 24-60. Reserved.
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