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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: 40 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. 41 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: 40 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. 4i 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. 42 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 44 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: 45 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 73 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. 74 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. 23