41 2nd Street West LETTER 04.02.2015 (Paint Booth)
April 2, 2015
Paint Booths Prohibited in Commercial General
To whom it may concern,
It has come to the attention of city staff that a paint booth has been installed at 41 W 2nd Street,
which is in violation of city ordinances. You must stop all operations related to the paint booth
immediately and remove the paint booth from the property. An explanation of the codes violated
is below.
Paint booths fall under the category of “Heavy Automotive Repair” based on the definition of
Automotive Repair, Heavy in Section 24-17 of the city’s Land Development Code. The definition
reads as follows, “automotive repair, heave shall mean the repair, rebuilding or reconditioning
of motor vehicles or parts thereof, including collision service, painting and steam cleaning of
vehicles.” The property is located within the Commercial General (CG) zoning district where
Heavy Automotive Repair is not allowed by right or by use-by-exception as defined by Section
24-111.
The current tenant, Oceanside Collision, was granted a Local Business Tax Receipt based on a
continuation of use from the activities of the previous tenant based on Section 24-85(d)
“Nonconforming Uses”. The previous tenant operated a Heavy Automotive Repair business at
multiple neighboring properties including 41 W 2nd Street. This did not include a paint booth on
the property of 41 W 2nd Street and this was confirmed during the building inspection performed
as part of the Local Business Tax Receipt approval.
The subsequent unpermitted addition of a paint booth to the property not only violates the City’s
requirement for permitting, but also Section 24-85(d)(2) which prohibits the expansion of a
nonconforming use. The painting of vehicles may have been part of the previous tenants business
over the several properties but did not occur at 41 W 2nd Street. The additional activity involved
in a paint booth is considered an expansion of a nonconforming use.
Jeremy Hubsch
Building and Zoning Director
City of Atlantic Beach
Building and Zoning
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
Fax (904) 247-5845
http://www.coab.us