2383 Mayport Road ZVL 01.02.2017
January 2, 2017
Amy Leonard
611 Industrial Way West
Eatontown, NJ 07724
Re: 2383 Mayport Road Zoning Verification Letter
Ms. Leonard,
In response to your request for information on the above-mentioned property, staff has prepared
the following.
The subject property does not currently have any open zoning violations. Also, the subject property
is not located within a Planned Unit Development.
The property 2383 Mayport Road (RE# 169398-0450) is located in the Commercial General (CG)
zoning district and within the Commercial Corridor Development Standards Overlay District. The
Commercial General zoning district and the Commercial Corridor Overlay District regulations are
attached to this letter. Additionally, see the requested information on Area Regulations listed
below:
Front Setback: 20’; Rear Setback: 10’; Side Setbacks: 10’ where adjacent to existing
residential use. Otherwise, a combined 15’ with a minimum of 5’ on either side.
Minimum Lot Width: 50’
Minimum Lot Depth: 100’
Minimum Lot Area: 5,000 square feet
Maximum Density: 14 dwelling units per acre
Maximum Impervious Coverage: 70%. Where existing impervious surface area exceeds
seventy (70) percent on previously developed sites, new development shall not exceed the
pre-construction impervious surface area, and required landscaping shall be provided in
accordance with Division 8 of this chapter. Stormwater management requirements shall
apply to infill development and to redevelopment projects involving exterior site changes.
Maximum Floor Area Ratio: N/A
Maximum Height: 35’
City of Atlantic Beach
Community Development
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
Fax (904) 247-5845
http://www.coab.us
The current property was developed in two phases, each requiring and obtaining a use-by-
exception approved by City Commission and each with a unique set of conditions. The first use-
by-exception was approved on August 10, 1987 to allow for the operation of a mini-storage facility
with the conditions listed below.
The storage spaces are to be used for storage only and are not to be rented for use as offices,
retail shops, or businesses.
There shall be no storage of hazardous, flammable, or toxic chemicals.
The second use-by-exception was approved on October 11, 1993 to allow outside storage of
automobiles, boats, and recreational vehicles on the property with the conditions listed below.
The use-by-exception is granted only to Pan Am as the owner of the property and will not
run with the land.
No storage of inoperable vehicles is permitted.
Upon the second conviction by the Code Enforcement Board for storage of inoperable
vehicles the use-by-exception shall be revoked.
Any use-by-exception granted by the City Commission shall permit only the specific use or uses
described in the application as may be limited or restricted by the terms and provisions of the
approval. Any expansion or extension of the use of such premises, beyond the scope of the terms
of the approved use-by-exception, shall be unlawful and shall render the use-by-exception subject
to suspension or revocation by the City Commission. The City Commission may suspend or revoke
a use-by-exception permit at any time the City Commission determines that the use has become a
public or private nuisance because of an improper, unauthorized or other unlawful use of the
property. Unless expressly granted by the City Commission, the use-by-exception shall be granted
to the applicant only and shall not run with the title to the property.
The existing freestanding sign at this property is a nonconforming sign. Nonconforming signs shall
be made conforming when any of the following changes are made:
Any change to the structural supports or structural materials, including temporary
relocation associated with routine maintenance of a property.
Any change which increases the illumination.
Any change which increases the height of a sign.
Any change, which alters the material used for the display area or face area by more than
twenty-five (25) percent.
Any replacement required as the result of an accidental act or a weather-related act.
Any replacement of an abandoned sign.
Any change necessary for compliance with Florida Building Code requirements
The required off-street parking requirements for manufacturing, warehousing, and industrial uses
are one (1) space for each two (2) employees on the largest working shift, plus one (1) space for
each company vehicle operating from the premises.
If you have any questions, please feel free to contact me directly.
Sec. 24-111. - Commercial general districts (CG).
(a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide
general retail sales and services for the City of Atlantic Beach and the closely surrounding
neighborhoods. New development and new uses within these districts should have direct access to
arterial or collector streets, and sites should be designed so that increased traffic through adjacent
residential neighborhoods is avoided. The City of Atlantic Beach is a predominantly residential
community, and it is a stated goal within the comprehensive plan that the residential character of the
city should be retained. As such, the appropriate level of intensity for general commercial uses may
be less than other communities with large commercial zones or a more diverse mixture of uses in
close proximity.
(b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses
within this section, but typical uses permitted within the CG zoning district shall include neighborhood
serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of
residents of the surrounding neighborhoods. Such uses shall not include manufacturing,
warehousing, storage or high intensity commercial activities, or commercial uses of a regional
nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and
properties due to excessive traffic, noise, light or extremely late hours of operation or other factors
that may adversely affect existing commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges,
indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or
body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker
establishments, computer game centers, or games played on individual machines or computers, including
any type of card, token or coin-operated video or simulated games or similar activities or machines which
are played for any type of compensation or reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts
to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to
the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for
herein, all business activities, products for sale and services must be located within an enclosed building
properly licensed for such use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery,
luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet
shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings
and appliances, office equipment and furniture, hardware, lumber and building materials, auto,
boat and marine related parts, and similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or
outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry
cleaner, funeral home, printing, radio and television and electronics repair, lawn care service,
pest control companies, surf board repair in association with surf shops, but not the production
of surfboards, and similar service uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers,
and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be
located outside of the adjacent building licensed for such business, provided no obstruction to
walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off-premises consumption.
(8) On-premises consumption of beer and wine only in conjunction with a full service restaurant,
which is a food service use where unpackaged ready-to-consume food is prepared onsite and
served to the customer while seated at tables or counters located in a seating area within or
immediately adjacent to the building.
(9) Automobile service station with minor automotive repair and with accessory car wash.
( Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12-
11-06).
(10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within
section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located
within the same building as the principal use. Such dwelling unit is intended to be occupied by
the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited and
commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which permits residential uses not
exceeding the medium density category when in conjunction with, or adjacent to commercial
development and redevelopment, provided that such residential development shall not be
permitted within the coastal high hazard area. Policy A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the initial effective
date of these land development regulations shall be considered as vested development.
(17) Mixed use projects combining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CG zoning district, the following uses may be approved as a use-by-
exception where such proposed uses are found to be consistent with the uses permitted in the CG
zoning districts with respect to intensity of use, traffic impacts and compatibility with existing
commercial uses and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-
through business (this shall not be construed to prohibit restaurants with carry-out service,
which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy
assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be
permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a
continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(11) Businesses offering live entertainment, not including adult entertainment establishments as
defined by Section 847.001(2), Florida Statutes.
(d) Limitations on certain uses. Permitted uses within the CG zoning district shall not include large-scale
retail establishments, which for the purposes of this chapter shall be defined by their size and as
follows:
Large-scale retail establishments shall include those businesses, whether in a stand-alone
building or in a multi-tenant building, which occupy a floor area exceeding sixty thousand
(60,000) square feet including any interior courtyards, all areas under roof and also any other
display, sales or storage areas partially or fully enclosed by any means including walls, tarps,
gates or fencing. Large-scale retail establishments are commonly referred to as "big-box"
retailers, discount department stores, super-centers, warehouse clubs or by similar terms. Such
establishments may offer a similar type of products such as electronics or appliances or office
products, but more typically offer a wide variety of general merchandise and departments, which
may include home improvement, house-wares and home furnishings, sporting goods, apparel,
pharmacy, health and beauty products, automotive parts and services and may also include
grocery items. This definition shall not be construed to limit the overall size of shopping centers
as these are defined within section 24-17, but shall apply to any building where businesses with
separate local business tax receipts may share the same interior space of a building which is
not separated into individual units by structural fire rated walls or that do not contain separate
and distinct exterior entrances.
Intent. The intent of this limitation is to ensure that the city's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the city
and further, to implement related goals, objectives, and policies of the 2015 Comprehensive
Plan, restated in part as follows.
Commercial and light industrial development shall be located and designed so as to minimize
adverse effects on residential areas, traffic facilities and the aesthetic character of the city
(Policy A.1.5.7).
(1) The city shall provide for land use, development and redevelopment in an efficient manner,
which supports the land use designations as set forth within the 2015 Future Land Use Map;
which enforces the residential densities and the limitations upon the type and intensity of uses,
and which results in development appropriate to the sensitive coastal location of the city,
particularly with respect to the predominantly residential character and small-town scale of the
city (Objective A.1.11—Appropriate land use patterns).
(2) The city shall encourage future development and redevelopment, which retains the
exceptionally high quality of life and the predominantly residential character of the City of
Atlantic Beach (Objective A.1.3—Maintaining residential character).
(e) Minimum lot size. The minimum size for lots within the commercial general zoning district shall be:
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the commercial general zoning
district shall be:
(1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet where
required off-street parking is located at the rear or side of the building site, and the primary
business entrance is designed to face the street.
(2) Rear yard: Ten (10) feet.
(3) Side yard: Ten (10) feet where adjacent to existing residential use. Otherwise, a combined
fifteen (15) total feet with a five (5) feet minimum on either side.
(g) Building restrictions. The building restrictions in the commercial general zoning district shall be as
follows:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious surface area
exceeds seventy (70) percent on previously developed sites, new development shall not exceed
the pre-construction impervious surface area, and required landscaping shall be provided in
accordance with division 8 of this chapter. Stormwater management requirements shall apply to
infill development and to redevelopment projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this chapter.
Where existing uses, which do not provide the required number of off-street parking spaces as
set forth within subsection 24-161(g) are replaced with similar uses (such as a restaurant
replacing a restaurant), with no expansion in size or increase in number of seats, additional
parking shall not be required. Any increase in floor area or expansion in building size, including
the addition of seats shall require provision of additional parking for such increase or expansion.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Sec. 24-171. - Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those lands within all
commercial zoning districts that are located along arterial street corridors within the City of Atlantic
Beach. The intent of these additional requirements is to: Enhance the aesthetic and physical
appearance of these gateways into the city; enhance and retain property values; promote
appropriate redevelopment of blighted areas; and to create an environment that is visually appealing
and safe for pedestrians, bicycles and vehicular traffic.
(b) Delineation of commercial corridors. Within the City of Atlantic Beach, commercial corridors shall be
defined as the lands extending a depth of one hundred (100) feet from the outer edges of the rights-
of-way along Mayport Road and Atlantic Boulevard, in those zoning districts designated as
commercial general (CG), commercial limited (CL) and commercial, professional office (CPO).
(c) Building form and finish materials. The following general provisions shall apply to all development in
the commercial corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are
prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid the
appearance of a flat roof from the adjoining street.
(2) Open bay doors and other similar large doors providing access to work areas and storage areas
shall not open towards or face the commercial corridors.
(3) The exterior finish of new Buildings, and also exterior finish alterations and additions to the front
and any street side, or any side visible from adjoining residential properties, of existing buildings
shall be of brick, wood, stucco, decorative masonry, exterior insulation and finish systems
(EIFS), architectural or split-faced type block, or other finish materials with similar appearance
and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and
exposed plain concrete block shall not be permitted as exterior finish materials on the front and
any street side of a building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows
and architectural detail, shall not be permitted.
(5) Burglar bars, steel gates, metal awnings and steel-roll down curtains are prohibited on the
exterior and interior of a structure when visible from any public street. Existing structures which
already have burglar bars, etc., shall be brought into compliance with these provisions within a
reasonable time after any change of ownership of the property, which shall not be more than
ninety (90) days.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally
illuminated monument signs are encouraged.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct
lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent
properties or the sky.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be
prohibited in any required front yard and in any required yard adjoining a street.
(g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except
that the following additional requirements shall also apply to new development and to redevelopment
that is subject to the requirements of division 8. Required buffers and landscape materials shall be
depicted on all plans submitted for review.
(1) A ten-foot wide buffer shall be required along the entire parcel frontage of the commercial
corridors, except for driveways. This buffer shall consist of trees as required by division 8 and
shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in
height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a
healthy condition.
(2) Along the front of the principal building, a six-foot wide area shall be maintained between the
building and the parking area or any walkway. This area shall be use for landscaping.
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic
mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape materials
that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape
materials, including sod and ground covers shall be replaced within thirty (30) days of written
notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers, provided that
required landscape materials are provided.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)