16 Donner Road LBTR Letter 09.21.2016
September 21, 2016
Re: 16 Donner Road Local Business Tax Application
Mr. Schmelz,
Your Local Business Tax Application for Jimmy’s Tint Shop at 16 Donner Road in Atlantic Beach
has been DENIED for two reasons.
The first reason is that this property is located in the Commercial Limited (CL) zoning district
which does not allow minor automotive service or any other similar automotive use either by right
or as a use-by-exception. For clarity, automotive service is defined by code as, “the limited, minor
or routine servicing of motor vehicles or parts, but shall not include heavy automotive repair.” I
have also copied the list of permitted and use-by-exception uses for the CL zoning district below.
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as
follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or
dry cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such
as wearing apparel, toys, sundries and notions, books and stationery, luggage and
jewelry and similar uses; but not sale of lumber, hardwa re or building materials or
similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers,
optometrists and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing
agents and similar uses.
(6) Banks and financial institutions without drive -through facilities.
(7) Convenience food stores without fuel sales, but n ot supermarkets.
(8) Restaurants without drive -through facilities.
(9) Drug stores and pharmacies.
(10) Government uses, buildings and facilities.
(11) Child care centers in accordance with section 24-152.
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
(12) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(13) Mixed use projects combining the above permitted uses and those approved as
a use-by-exception pursuant to subsection (c) below.
(c) Uses-by-exception. Within the CL zoning district, the following uses may be
approved as a use-by-exception.
(1) Medical or dental clinics.
(2) Churches and community centers.
(3) Banks and financial institutions with drive -through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling
positions.
(5) Printing shops.
(6) Spas, gyms , health clubs and schools for the fine or performing arts or martial
arts.
The second reason is that the City currently has a moratorium on the filing and/or application for
establishments known as automotive repair in the CL zoning district until August 22, 2017. For
clarification, this moratorium does cover other automotive related uses within all commercial
zoning districts as well. This means that City cannot approve any automotive uses until the
moratorium has been lifted.
Unfortunately, this means that you will not be able to operate your business at this location. I
realize that you are moving from an existing location right next door, but this would be moving a
nonconforming use to another portion of a property which is specifically prohibited by Section 24-
85(d). For future reference if you decide to seek another location within Atlantic Beach after the
moratorium has been lifted, minor automotive service is allowed within the Commercial General,
and Light Industrial and Warehousing zoning districts. If you have any questions about the zoning
of a specific property, please feel free to contact me.
Sincerely,
Derek W. Reeves
Planner