The following rules of construction shall apply to the text of this chapter:

(a)

The particular or specific shall control the general.

(b)

In case of any difference in the meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control.

(c)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)

"Building" or "structure" includes any part thereof, and these terms may be used interchangeably.

(e)

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

(f)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

"Either/or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

(g)

The word "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(h)

In the event that the provisions, as set forth within this chapter, conflict with those of any other federal law, Florida Statute, local ordinance, resolution or regulation, including the comprehensive plan for the City of Atlantic Beach, or any other applicable law, the more stringent standard, limitation or requirement shall govern to the extent of the conflict, and further provided that such other requirement is not in conflict with the adopted comprehensive plan.

(i)

Any reference to Florida Statutes, the Florida Administrative Code, the Florida Building Code, and any other federal, state or local ordinance, resolution or regulation shall mean as in effect at the time such is applied, including all amendments made effective after the initial effective date of these land development regulations.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Where applicable and appropriate to the context, definitions as set forth within the Florida Building Code, within Florida Statutes, or as established by state or federal agencies of government as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Terms used in this chapter, but not defined within this section shall have their common meaning.

Note: The definitions set forth within this section establish the meaning of terms used throughout and, unless expressly defined otherwise in this Code of Ordinances, in other chapters of the city's Code of Ordinances, and are also instructive as to how these land development regulations are implemented as related to the use and limitations of lands within the city.

Abandon shall mean to discontinue a use for more than a specified period of time.

Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property.

Access, point of, shall mean a paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right-of-way or from public or private premises including off-street parking areas.

Access point shall mean a driveway or other opening for vehicles to enter from or exit to a right-of- way. An access point may include multiple ingress and egress lanes and a divider median provided that all features utilize the same apron.

Accessory dwelling unit shall mean an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.

Accessory use, building, or structure shall mean a use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure. Accessory structures include, but are not limited to the following: sheds, unattached garages, swimming pools, docks, gazebos, satellite dishes, screen enclosures, rooftop solar panels, and garage apartments.

Acre, gross, means forty-three thousand five hundred sixty (43,560) square feet.

Addition shall mean an extension or increase in floor area or height of a building or structure.

Adjacent shall mean next to or adjoining something else.

Adjoining in the context of land shall mean a lot or parcel of land, when the lot or parcel share all or part of a common lot line. Adjoining in the context of structures shall mean two (2) or more structures sharing all or part of a common wall.

Administrative variance shall mean a minor variance that may be granted by the planning and community development director in accordance with section 24-64.

Administrator shall mean the City of Atlantic Beach city manager, or an administrative official of the City of Atlantic Beach government designated by the city manager.

Adult entertainment shall mean those terms established in F.S. 847.0001.

Adult family care facility shall mean a facility licensed and operated in accordance with state and other standards as may be applicable, providing general supervisory care for no more than five (5) adults.

Adversely affected person, as used within this chapter, shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the City of Atlantic Beach comprehensive plan. The alleged adverse effect may be shared in common with other members of the community but must exceed in degree the general interest in community good shared by all persons in the community.

Alley shall mean a right-of-way providing a secondary means of access and service to abutting property.

Alteration shall mean any change in the arrangement of a building; any work affecting the structural parts of a building; or any change in electrical, plumbing, heating or air conditioning systems.

Amusement attraction shall mean any building or structure around, over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. This term does not include:

(1)

Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.

(2)

A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.

(3)

A video poker game or any other game or machine that may be construed as a gambling device under the laws of this state.

(4)

Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless excluded under 15 U.S.C. s. 1178.

Animal hospital. See "Veterinary clinic."

Apartment house. See "Dwelling, multifamily."

Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter.

Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use-by-exception, a variance, an appeal, a waiver, a plat, an administrative variance, or any development permit.

Application of fertilizer means the actual physical deposit of fertilizer to turf or landscape plants, whether solid or liquid product is used.

Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Atlantic Beach.

Appraised value shall mean the value to an improvement or property as determined by a certified appraiser. To determine the appraised value, the certified appraisal shall have been performed within the previous twelve (12) months.

Arbor shall mean a landscape element designed solely to support vines, branches or landscape elements, and which does not contain any type of solid roof. Arbors are typically much smaller than a trellis or pergola and are often arched and used to define a point of entry.

Assessed value shall mean the value of an improvement or property as determined by the Duval County property appraiser in the manner provided by Florida law.

Assisted living facility shall mean any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, regardless of whether operated for profit, which through its ownership or management provides housing, meals, and one or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator.

Automatic irrigation system shall mean an artificial watering system with a programmable controller or timing mechanism designed to automatically transport and deliver water to plants.

Automotive service, minor shall mean any facility that performs the limited, minor or routine servicing of motor vehicles or parts, but shall not include major automotive repair, and which contains no more than two (2) work bays. Such facilities are primarily engaged in the retail sale of motor fuel or lubricants, but which may also include facilities for washing, polishing, waxing, oil changes, and other minor services.

Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2) work bays, or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of the number of work bays.

Awning shall mean a light roof-like structure, supported entirely by the exterior wall of a buiding; consisting of a fixed or movable frame covered with cloth, fabric, vinyl, plastic or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade.

Bay window shall mean a window or series of windows forming a bay in a room and projecting outward from a wall.

Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages.

Base flood elevation (BFE) shall mean the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM).

Best management practice (BMP) shall mean the methods that have been determined to be the most effective, practical and sound means to achieve an objective related to water supply, stormwater, vegetative, conservation or environmental resource management.

Block shall mean a group of lots existing with well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter, or other name through which it may be identified.

Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons and where no cooking equipment or dining facilities are provided in individual rooms.

Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter.

(1)

Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety may be required to be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year from the date of any project's certificate of occupancy or completion.

(2)

Performance bond: When required improvements are installed after recording the plat, surety may be required to be posted in the amount of one hundred twenty-five (125) percent of the engineer's estimate of costs.

Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space or fences.

Buffering. See "Screening."

Buildable area shall mean that portion of a parcel which may be constructed upon in accordance with the provisions of this chapter and any other restrictions of city Code, applicable state or federal regulations or a recorded subdivision plat. Unless otherwise provided for within any such restriction, buildable area shall exclude building setbacks, utility and drainage easements, stormwater facilities, wetlands and lands seaward of the coastal general permit line or, if one does not exist, the coastal construction control line.

Building shall mean a structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. Building shall include any structure constructed or used for a residence, business, industry or other private or public purpose, including buildings that are accessory to such uses, provided such buildings are in compliance with the Florida Building Code. "Building" or "structure" includes parts thereof and these terms may be used interchangeably.

Building permit shall mean any permit, which authorizes the commencement of construction or development in accordance with the construction plans or site plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations.

Building, principal shall mean a building within which is conducted the principal use of the lot or property upon which the building is situated.

Building setback shall mean the minimum required horizontal distance, where structures over thirty (30) inches are prohibited unless otherwise specified in this chapter, between the front, rear or side property lines of any lot and the nearest exterior front, rear or side wall of any building. When two (2) or more lots under single or unified ownership are developed as a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. Building setback and BUILDING RESTRICTION line may have the same meaning and may be used interchangeably where such lines are recorded on a final subdivision plat.

Building restriction line (BRL) shall mean the line(s) extending across the front, sides and/or rear of a lot or the property, as depicted on a platted lot of record. Buildings shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by the city, shall be enforceable by the city.

Capital improvement shall mean physical assets constructed or purchased to provide, improve, or replace a public facility or public infrastructure. The cost of a capital improvement is generally nonrecurring and may require multiyear budgeting and financing. For these land development regulations, physical assets which have been identified as existing or projected needs in the capital improvement element in the city's comprehensive plan shall be considered capital improvements.

Car wash shall mean a facility used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include any type of repair or servicing of motor vehicles or the dispensing of automotive fuels. Any parcel containing a car wash shall be located a minimum of one hundred (100) feet from the lot line (measured from the parcel line to the nearest parcel line) of any parcel that is residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance with article III, division 8 of this chapter.

Cemetery shall mean land used or intended to be used for the burial of animal or human remains and dedicated for cemetery purposes and may include mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of occupancy or certificate of completion shall mean that certificate issued by the City of Atlantic Beach subsequent to final inspection by the building official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans and the Florida Building Code.

Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Certified survey is inclusive of all types of surveys as may be required by these land development regulations.

Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget.

Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care.

Child care facility shall include child care centers, day nurseries, kindergartens, and any child care arrangement, other than a family day care home, which provides child care for more than five (5) children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. Childcare facilities shall be licensed and operated in accordance with all applicable requirements of the Florida Department of Children and Families and section 24-152 of this chapter. This definition shall not include family day care home.

Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship.

City shall mean the City of Atlantic Beach.

Club shall mean a privately-owned establishment owned and operated by a corporation or association of persons for social or recreational purposes and typically requires a membership.

Coastal construction control line (CCCL) shall mean the line as determined by the Florida Department of Environmental Protection (FDEP) and regulated under authority of the Beach and Shore Preservation Act, Chapter 161, Florida Statutes, which is administered by the FDEP.

Code shall mean the Municipal Code of Ordinances for the City of Atlantic Beach, Florida.

Code enforcement officer, official or inspector means any designated employee or agent of the City of Atlantic Beach whose duty it is to enforce codes and ordinances enacted by the City of Atlantic Beach.

Commercial corridor means the lands extending a depth of one hundred (100) feet outward from the outer boundaries of the rights-of-way along Mayport Road and Atlantic Boulevard, including any parcels which are partially within said one hundred (100) feet.

Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator.

Commercial vehicle shall mean any vehicle designed, intended, or used for transportation of people, goods, or things, other than private passenger vehicles and recreational vehicles. The term shall include, but is not limited to, the following:

(a)

Semitrailer: All two (2) or more wheeled vehicles designed to be coupled to and drawn by a motor vehicle.

(b)

Truck: A motor vehicle designed with or modified to contain externally mounted machinery, equipment, or modifications for the purpose of lifting objects or persons above the height of the vehicle. This term includes, but is not limited to, wreckers, tow trucks, dump trucks, and moving vans.

(c)

Bus: Any vehicle designed or modified for transportation of fifteen (15) or more people, including the driver, in seats permanently placed in the vehicle.

Communication tower means a tower which supports communication equipment (such as radio, tv or telecommunications for either transmission or receiving). The term "communication tower" shall not include amateur radio operators' equipment, including citizen's band (CB), VHF and UHF aircraft/marine, and other similar operators. Design examples of communication towers are described as follows: (i) selfsupporting lattice; (ii) guyed; and (iii) monopole.

Community center shall mean a facility available for public use, which may be used for recreation activities, meetings and social gatherings, and also for government, cultural, civic or similar type activities.

Community residential home, large shall mean a dwelling unit licensed to serve residents who are clients of the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Community residential home, small shall mean a dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.

Comprehensive plan shall mean the local government comprehensive plan, which is adopted by the city commission pursuant to the Community Planning Act pursuant to Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to F.S. § 163.3194(1)(b), in the case of any inconsistency between the provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail.

Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land and shall be in sufficient detail to permit evaluation of the proposals and to determine compliance with the Florida Building Code and city's Code of Ordinances.

Contractor's yard shall mean a yard where equipment and material are stored.

Convenience store shall mean an establishment of no less than two thousand (2,000) square feet and no more than five thousand (5,000) square feet of conditioned space used for the retail sale of consumable goods and may include sit-down restaurant areas.

Corner lot. See "lot, corner."

Covenants shall mean various forms of agreements and deed restrictions recorded in the public records that restrict the use of property.

Craftsman and artisan studio shall mean small-scale, low-volume production of items such as textiles, jewelry, pottery, handbags, makerspace classes, lotions, and food products intended for retail sale through channels such as craft fairs, pop-up markets, and small storefronts that takes place indoors. This does not include production of automobile or boat parts.

Cul-de-sac shall mean a street terminated at the end in a vehicular turnaround.

Density shall mean the number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of rights-of-way, canals and drainage ditches, lakes, rivers, jurisdictional wetlands and lands seaward of the coastal construction control line.

Dental laboratories shall mean establishments primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.

Developer shall mean any person, including a governmental agency, undertaking any development as defined in this section.

Development and redevelopment shall mean the following, generally in accordance with F.S. § 380.04:

(a)

Development means the carrying out of any building or mining operation, or the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels.

(b)

The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section:

(1)

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

(2)

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction, as defined in F.S. § 161.021.

(4)

Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land.

(5)

Demolition of a structure.

(6)

Clearing of land as an adjunct of construction.

(7)

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(c)

The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section:

(1)

Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the rightof-way.

(2)

Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, or renewing on established rights-of-way or corridors, or constructing on established or to-be-established rights-of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners.

(3)

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

(5)

The use of any land for the purposes of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

(6)

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

(7)

A change in the ownership or form of ownership of any parcel or structure.

(8)

The creation or termination of rights of access, riparian rights, easements, distribution and transmission corridors, covenants concerning development of land, or other rights in land. Development order shall mean any order granting, denying, or granting with conditions an application for a development permit.

Development parcel, or development site (see also definition for single development parcel) shall mean the contiguous or adjacent lands, lots or parcels for which a unified development project is proposed. In the case where more than one (1) parcel, platted lot or lot of record has been combined and developed as a single development parcel, such lots shall not later be developed as single lots (see section 24-84), unless all requirements for development as single lots shall be met including, but not limited to, lot area, lot width, impervious surface area limitations, and provision of all required yards for all structures. The construction of a fence does not constitute the creation of a single development parcel.

Development permit shall include any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land.

District shall mean zoning district classifications as established by the official zoning map and as set forth within division 5 of this chapter.

Division shall mean the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation.

Drainage, where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross drains and canals.

Driveway shall mean an area, paved or unpaved, intended to provide ingress or egress of vehicular traffic from a public right-of-way or an approved private road to an off-street parking area or other vehicle use area.

Driveway, circular shall mean a driveway with two (2) points of access within the same frontage.

Dual rear wheel vehicle shall mean a motor truck, trailer, semitrailer or tractor/trailer combination with a load capacity in excess of two (2) tons, used for commercial/private use and used as a means of transporting persons or property over the public street of the city and propelled by power other than muscular power which have more than or are designed to have more than four (4) weight-bearing wheels, except that a dual rear wheel pick-up truck not used for commercial purposes or recreation vehicle shall not be deemed to constitute a dual rear wheel vehicle. A public service vehicle used for emergencies shall not be deemed to constitute a dual rear wheel vehicle.

Duplex. See "Dwelling, two-family."

Dwelling unit shall mean a single unit providing complete independent living facilities for one (1) family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not attached to any other dwelling unit by any means and occupied by one (1) family only.

Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling units designed for or occupied by two (2) families, with the number of families in residence not exceeding one (1) family per dwelling unit.

Easement shall mean a grant from a property owner for public or private utilities, drainage, sanitation, or other specified uses having limitations, the fee simple title to which shall remain in the name of the property owner.

Eaves and cornices shall mean typical projections, overhangs or extensions from the roof structure of a building.

Electric charging station shall mean a parking space or portion of a property containing a device used to transmit electricity to the batteries of motor vehicles.

Elevation certificate shall mean a survey of the elevation of the lowest finished floor and adjacent ground in the local floodplain datum as required by Federal Emergency Management Agency (FEMA). Elevation certificates shall be prepared and certified by a land surveyor, engineer, or architect who is authorized by the state or local law to certify elevation information.

Emitter shall mean the sprinkler head or other device that discharges water from an irrigation system.

Engineer means a professional engineer registered to practice engineering by the state who is in good standing with the state board of engineer examiners.

Enlargement or expansion shall mean an increase in size of any development that requires a development permit.

Environmental assessment shall mean a study and a written report prepared in accordance with the State of Florida's approved methodology for wetlands determination in accordance with F.S. § 373.421, and Section 62-340.300, FAC for verification and identification of environmental and habitat characteristics.

Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet any of the following criteria:

(a)

Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water Management District (SJRWMD);

(b)

Estuaries or estuarine systems;

(c)

Outstanding florida waters as designated by the State of Florida and natural water bodies;

(d)

Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line;

(e)

Areas designated as conservation on the future land use map;

(f)

Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the U.S. Fish and Wildlife Service, and the FDEP.

Façade shall mean the section of any exterior elevation on the structure extending from finished floor to the top of the wall, the parapet, or the eave and the entire width of the building elevation.

Family shall mean one (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen (18). Persons living and cooking together in a domestic relationship and as an integrated single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family, provided that such alternative definition of family shall not exceed two (2) persons over the age of eighteen (18). The term "family" shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types of institutional living arrangements.

Family day care home shall mean an occupied residence in which child care is regularly provided for children from at least two (2) unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit, that is operated and properly licensed in accordance with the laws and regulations of the State of Florida. Household children under thirteen (13) years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, shall be included in the overall capacity of the licensed home. Pursuant to F.S. § 166.0445, the operation of a residence as a family day care home registered and licensed with the department of children and family services or other licensing agency shall constitute a permitted residential use and shall not require approval of a use-by-exception. A family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include household children under thirteen (13) years of age:

(a)

A maximum of four (4) children from birth to twelve (12) months of age.

(b)

A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children.

(c)

A maximum of six (6) preschool children if all are older than twelve (12) months of age.

(d)

A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age.

Faulty well means any well completed into the Floridan aquifer or Hawthorne Group which does not meet the requirements as specified in section 24-266 of this chapter.

Fence shall mean any vertical improvement constructed of wood, vinyl, lattice, masonry, fence wire, metal or similar materials for the purpose of enclosing, screening or separating land. Open frames, open trellises, or similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be construed as a fence, but shall comply with applicable regulations for such features as set forth within section 24-157 of this chapter.

Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants.

Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil.

Finished floor elevation (FFE) shall mean the surface elevation of the lowest finished floor of a building.

Flood-prone areas shall mean areas inundated during a 100-year flood event or areas identified by the Federal Emergency Management Agency as an A zone on flood insurance rate maps (FIRM) or flood hazard boundary maps.

Florida-friendly landscaping means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance.

Floor area shall mean the sum of the horizontal areas of all floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings.

Floor area ratio shall mean the ratio of a building's total floor area (gross floor area) to the size of the lot or parcel upon which it is built.

Floridan aquifer system means the thick carbonate sequence which includes all or part of the Paleocene to early Miocene Series and functions regionally as a water-yielding hydraulic unit. Where overlaid by either the intermediate aquifer system or the intermediate confining unit, the Floridan contains water under confined conditions. Where overlaid directly by the surficial aquifer system, the Floridan may or may not contain water under confined conditions, depending on the extent of low permeability materials in the surficial aquifer system. Where the carbonate rocks crop out, the Floridan generally contains water under unconfined conditions near the top of the aquifer system, but, because of vertical variations in permeability, deeper zones may contain water under confined conditions. The Floridan aquifer is the deepest part of the active groundwater flow system. The top of the aquifer system generally coincides with the absence of significant thicknesses of clastics from the section and with the top of the vertically persistent permeable carbonate section. For the most part, the top of the aquifer system coincides with the top of the Suwannee Limestone, where present, or the top of the Ocala Group. Where these are missing, the Avon Park Limestone or permeable carbonate beds of the Hawthorn Formation form the top of the aquifer system. The base of the aquifer system coincides with the appearance of the regionally persistent sequence of anhydride beds that lie near the top of the Cedar Keys Limestone.

Food truck. See "mobile vending units."

Foster home shall mean any establishment or private residence that provides twenty-four-hour care for more than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, and whether or not operated for profit which is licensed and operated in accordance with state and any other applicable regulating agencies.

Freeboard is a factor of safety expressed in feet above the base flood elevation (BFE).

Frontage, lot shall mean the length of property abutting a private or public right-of-way.

Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids or gases used as fuel in motor vehicles, typically designed as a single unit capable of dispensing fuel to two (2) motor vehicles at the same time.

Future land use, as used in this chapter, shall mean the future land use as designated by the adopted comprehensive plan future land use map, as may be amended.

Gallery shall mean a one- to two-story colonnaded structure attached to the front of a building that projects out over a sidewalk providing shade and protection from the elements. It is typically used for ground floor commercial frontages.

Garage apartment shall mean a dwelling unit for not more than one (1) family, which is combined in the same structure with a private garage, allowed only as set forth within section 24-151.

Garage, apartment building shall mean a building, designed and intended to be used for the housing of vehicles, belonging to the occupants of an apartment building on the same property.

Garage, private shall mean a detached residential accessory structure or a portion of the principal building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property belonging to the occupants of the principal building. A carport shall be considered as a private garage.

Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the parking, storage and hiring of motor vehicles.

Garage sale shall mean a temporary event for the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale.

Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane, hydrogen or other fuels intended for use in motor vehicles.

Goal as used in the city's comprehensive plan shall mean the long-term end toward which programs or activities are ultimately directed.

Governing body shall mean the city commission of the City of Atlantic Beach.

Government use shall mean the use of lands owned by the federal, state or local government for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any lands used by a government, which are converted to private ownership, shall comply with the requirements of the particular zoning district classification and the comprehensive plan.

Grade, calculated average shall mean the average elevation of a site calculated prior to: any development; redevelopment; or any future topographic alteration of a site.

Grade, established shall mean the elevation of a site after any duly authorized and approved fill, excavation or topographic alterations have been completed.

Figure 1 Grade, established

Grade, preconstruction shall mean the elevation of a site prior to development, redevelopment, or any topographic alterations.

Ground cover means a low-growing herbaceous or woody plant other than turf, not over two (2) feet high, intended to cover the ground.

Group care home shall mean any properly licensed dwelling, building or other place, whether operated for profit or not, where adult (age eighteen (18) or older) or elder care for a period exceeding twenty-four (24) hours is provided and involves one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, but who require such services. The personal services, in addition to housing and food services may include, but not be limited to, personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services other than distribution of prescribed medicines.

Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

Guest house or guest quarters shall mean a building or portion therein used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence.

Gym shall mean a commercial establishment or use where physical exercise or training is conducted, with or without the option for having one-to-one instruction, using equipment or open floor space, and may have accessory uses provided they are in support of the primary use.

Hawthorne Group well means any well that penetrates a portion of the Hawthorne Formation, with a screened or open hole segment terminating within the Hawthorne Formation.

Height shall mean the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachment thereto, exclusive of chimneys.

Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.

High volume irrigation shall mean an irrigation system that does not limit the delivery of water directly to the root zone and which has a minimum flow rate per emitter of thirty (30) gallons per hour (GPH) or one-half (.5) gallons per minute (GPM) or greater.

High water use hydrozones contain plants that require supplemental watering on a regular basis throughout the year including turf and lawn grasses.

Home occupation shall mean any use conducted, entirely or in part, from a residential property and carried on by an occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for residential purposes and does not change the residential character thereof. Home occupations shall be allowed only in accordance with the requirements of section 24-159.

Hospital shall mean any institution or clinic, which maintains and operates facilities registered, licensed and operated as a hospital in accordance with the State of Florida regulations, for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convalescent home or similar institutional use.

Hotel, motel, resort rental, or bed and breakfast shall mean a building, or portion of a building, containing individual guest rooms or guest accommodations for which rental fees are charged for daily, weekly, or monthly lodging, properly licensed and operated in accordance with State of Florida regulations. This definition shall not include private homes leased for periods exceeding ninety (90) days.

Hydrozone shall mean an irrigation watering zone in which plant materials with similar water needs are grouped together.

Hydrozone plan shall mean a graphical depiction of the low, moderate and high water use irrigation zones on a lot or parcel and a general reference to the types of plants intended to be placed in each zone.

Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any solid surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas. The water surface area of swimming pools shall be calculated as fifty (50) percent impervious surface.

Improvements shall include, but not be limited to, structures, buildings, fences, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, signs, street lights, landscaping, monuments, or any other improvement to land.

Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership.

Institutional use shall mean a use intended for social services, non-profits, or quasi-public institutions. Design standards for each institutional use may vary and should be considered on a case-by-case basis.

Intensity shall mean an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services.

Intertidal zone (or littoral zone) is the area along a shore that lies between the high and low tide marks, bridging the gap between land and water. at high tide, the intertidal zone is submerged beneath the water, and at low tide it is exposed to air.

Irrigation zone shall mean the grouping together of any type of watering emitter and irrigation equipment operated simultaneously by the control of a timer and a single valve.

Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices.

Isolated wetland shall mean a wetland that does not have any connection to other wetlands or other surface waters via wetlands, 100-year floodplain, or other surface waters as determined using Rule 62340.600, F.A.C.

Junk yard. See "Salvage yard."

Junked vehicle shall mean any abandoned, discarded, or inoperable motor vehicle, including any boat, motorcycle, trailer and the like, with a mechanical or structural condition that precludes its ability for street travel or its intended use, or one (1) that is dismantled, discarded, wrecked, demolished or not bearing current license tags. No such vehicle shall be parked or stored openly in any zoning district unless expressly permitted within that zoning district.

Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming parlors or pet shops.

Kitchen shall mean an area of a building permanently equipped for food storage, preparation, or cooking.

Kitchenette shall mean an area within a building containing limited kitchen facilities such as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.

Land shall mean the earth, water and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as part of the land.

Land development regulations shall mean this chapter and any other ordinances enacted by the city for the regulation of any aspect of land use and development and includes zoning, rezoning, subdivision, building, construction, or sign regulations or other regulations controlling the use and development of land.

Land use shall mean any development that has occurred, any development that is proposed by an applicant, or the use that is permitted or permissible pursuant to the adopted comprehensive plan or element or portion thereof, or land development regulations, as the context may indicate.

Landscape plant shall mean any native or exotic tree, shrub, or groundcover (excluding turf).

Landscaped area shall mean the vegetated area of a lot or parcel including planted and natural areas.

Landscaping shall mean any combination of living plants, native or installed, including grass, ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape elements such as rocks, pebbles, sand, mulch, or fountains.

Laundromat, self-service shall mean a business that provides noncommercial clothes washing and drying or ironing machines to be used by customers on the premises.

Level of service shall mean an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Live-aboard vessel shall mean:

(1)

Any vessel used solely as a residence and not for navigation; or

(2)

Any vessel represented as a place of business, a professional or other commercial enterprise; or

(3)

Any vessel for which a declaration of domicile as a legal residence has been filed with the clerk of the circuit court of Duval County, Florida in accordance with F.S. § 222.17.

A commercial fishing boat is expressly excluded from the term live-aboard vessel, and this definition shall not be construed to include watercraft or cruising vessels that are engaged in recreational activities or navigation and traveling along the Intracoastal Waterway from anchoring temporarily or overnight.

Live entertainment includes, but is not limited to, singers, pianists, musicians, musical groups, bands, vocal or instrumental dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. live entertainment, as used within these land development regulations, shall not include adult entertainment establishments as defined by F.S. § 847.001(2).

Living area, shall mean conditioned space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes.

Loading space shall mean a space within the main building or on the same property, providing for the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of this chapter.

Local planning agency shall mean the community development board for the City of Atlantic Beach which shall have the powers and duties set forth by the Community Planning Act, Chapter 163, Florida Statutes, this chapter and chapter 14.

Lot shall mean a tract or parcel of land and shall also mean the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified.

Lot area shall mean the area formed by the horizontal plane within the lot lines.

Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflicting with the prevailing development pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot, the exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located.

Lot, interior shall mean a lot other than a corner lot with only one (1) frontage on a street.

Lot depth shall mean the distance measured from the middle point of the front lot line to the middle point of the opposite rear lot line.

Lot line shall mean the legal boundary of a lot as established by a certified land survey.

Lot of record shall mean:

(a)

A lot that is part of a documented subdivision, the map of which has been recorded in the office of the clerk of the circuit court; or

(b)

A lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of the clerk of the circuit court, consistent with and in compliance with land development regulations in effect at the time of said recording.

Lot types.

A = Corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

B = Interior lot, defined as a lot other than a corner lot with only one (1) frontage on a street.

C = Double frontage lot or through lot, defined as a lot other than a corner lot with frontage on more than one (1) street.

Lot width shall mean the mean (average) horizontal distance between the side lot lines, measured at right angles to its depth at points twenty (20) feet from the middle point of the front lot line, the middle of the lot, and twenty (20) feet from the middle point of the rear lot line.

Low intensity retail shall mean those businesses that provide goods for the closely surrounding neighborhood including, but not limited to, the sale of wearing apparel, toys, sundries and notions, books and stationery, luggage, and jewelry.

Low intensity service establishments shall mean those businesses that serve the needs of the closely surrounding neighborhood including, but not limited to, beauty and barber shops, shoe repair, dress makers, and laundry pick-up.

Low maintenance zone means a landscape area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed to minimize the need for fertilization, watering, mowing, etc.

Low volume or micro irrigation shall mean an irrigation system designed to limit the delivery of water within the root zone. Examples include drip, micro, trickle and soaker systems.

Manufacturing shall mean the basic industrial processing utilizing extracted or raw materials, or warehousing or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts, air or water emissions, noise, odor, vibration or other offensive conditions detectable outside of the structure housing the manufacturing operation.

Manufacturing, light, shall mean the processing, fabrication, assembly, repair, packaging, and incidental warehousing, sales and/or distribution of finished products or parts predominantly from previously prepared materials; excluding basic industrial processing utilizing extracted or raw materials, and excluding warehouse or manufacturing processes that potentially involve hazardous chemicals, toxic byproducts, air or water emissions, noise for a period longer than eight (8) daytime hours, odor, vibration or other offensive conditions detectable outside of the structure housing the light manufacturing operation.

Marina shall mean an establishment with a waterfront location for storing watercraft and pleasure boats on land, in buildings, in slips or on boat lifts, and includes accessory facilities for purposes such as refueling, minor repair and launching.

Marquee shall mean a permanent roofed structure attached to and supported entirely by a building; including any object or decoration attached to or part of said marquee; no part of which shall be used for occupancy or storage; with the purpose of providing protection from the sun and rain or embellishment of the façade.

Master development plan or master plan shall mean a planning document that integrates plans, orders, agreements, designs, and studies to guide development as herein defined and may include, as appropriate, authorized land uses, authorized amounts of horizontal and vertical development, and public facilities, including local and regional water storage for water quality and water supply.

Mean high water shall mean the average height of the high waters over a nineteen-year period. For shorter periods of observations, "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen-year value, as defined in F.S. § 177.27.

Mean high water line shall mean the intersection of the tidal plane of mean high water with the shore, as defined in F.S. § 177.27 and is generally recognized as the boundary between state sovereignty lands and uplands subject to private ownership.

Mean sea level (MSL) shall mean the average height of the sea for all stages of the tide, which is a national standard reference datum for elevations.

Medical laboratories shall mean the establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession.

Medical marijuana treatment center means a facility licensed by the Florida Department of Health that can cultivate, process, transport or dispense marijuana or marijuana related products in accordance with F.S. § 381.986, as amended.

Medical marijuana treatment center dispensing facility means a facility licensed and operated for the purpose of dispensing medical marijuana, in accordance with F.S. § 381.986, and all other applicable local and state rules, regulations and statutes.

Medical product manufacturing shall mean facilities that manufacture prosthetic appliances, dentures, eyeglasses, hearing aids and similar medical products.

Mini-warehouses, mini-storage or personal storage facilities shall include all those businesses, which are utilized for the sole purpose of storage of tangible personal property other than motor vehicles. No business activity shall be conducted within mini-warehouses or personal storage facilities.

Mixed use shall mean a development or redevelopment project containing a mix of compatible uses intended to support diversity in housing, walkable communities, the need for less automobile travel and a more efficient use of land. Uses within a particular mixed-use project shall be consistent with the land use designations as set forth within the comprehensive plan and the requirements of this chapter.

Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities including plumbing, heating, air conditioning, and electrical systems.

Mobile food vending units means a public food service establishment that is either self-propelled or otherwise movable from place to place which is properly licensed and operated in accordance with state regulations. A mobile food vending unit must have, as part of the unit, a three-compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate hand wash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP-gas, or portable power generation unit; a potable water holding tank; and a means for liquid waste containment and disposal.

Mulch means organic materials customarily used in landscape design to retard erosion and retain moisture.

Natural event means an unusual, extraordinary, sudden, unavoidable or unexpected manifestation of the forces of nature beyond control of any person which may include, but not be limited to, hurricanes, windstorms, floods, storms, fire, acts of war (declared or undeclared), acts of terrorism, failure of energy sources and other catastrophes. An event shall not be considered a natural event if it results from the intentional or deliberate act of the owner or through neglect.

Natural resource based recreation shall mean activities, such as kayaking, canoeing, rowing, biking, hiking, bird-watching, fishing and similar activities that allow interaction with nature in a manner that does not damage, disrupt or interfere with the natural setting of the resource.

Nonconforming, legal lot of record shall mean a lot of record containing less than the minimum site area, site dimensions or other site requirements of the applicable zoning district, or which is not otherwise in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was in compliance with all applicable regulations at the time such lot was legally recorded and documented in the public records of Duval County, Florida prior to the effective date of such land development regulations (see "lot" and "lot of record").

Nonconforming legal structure shall mean a structure or building or portion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations.

Nonconforming legal use shall mean the use of a structure or building or portion thereof, or land or portion thereof, which does not conform with the land development regulations and/or comprehensive plan future land use map designation applicable to the lands in which the use is located, but which was legally established prior to the effective date of such land development regulations or comprehensive plan.

Objective as used in the city's comprehensive plan means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.

Occupied includes designed, built, altered, converted to or intended to be used or occupied.

Offices, medical and dental shall mean outpatient establishments offering patients medical services, examinations and treatments by professionals trained in healing or health-related practices, including, but not limited to, medical doctors, dentists, chiropractors, osteopaths, podiatrists, optometrists, or any similar profession licensed by the state, as well as those technicians and assistants who are acting under the supervision and control of an on-site licensed health care practitioner. This term shall not include establishments where patients are lodged overnight or veterinarian services.

Offices, professional shall mean establishments providing executive, management or professional services to the public, including but not limited to the following: advertising services; business offices of private companies; business offices of utility companies; public or nonprofit agencies; trade associations; employment offices (excluding day labor and labor pool services), professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning and similar professions; property and financial management; real estate; telecommunication services; and travel agencies.

Office use shall mean customary administrative functions associated with a business and uses involving professional services conducted within the business that do not involve on-premises production, manufacture, storage or retail sale of products.

Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets, structures and screened or impervious roofed structures shall not be allowed in required open space.

Outdoor area shall mean an area not enclosed in a building and which is intended or used as an accessory area to a public food service establishment which provides food and/or drink to patrons for consumption in the area.

Pain management clinics shall mean any publicly or privately owned facility that advertises in any medium for any type of pain-management service or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain, pursuant to state statutes.

Parapet shall mean a wall extension above the roof line designed to screen flat roofs and rooftop appurtenances.

Parcel or parcel of land shall mean any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit. It may be described by metes and bounds or by recorded plat. The terms "lot," "parcel," "land," "site," "development parcel" may be used interchangeably within this Code as appropriate to the context.

Parking, accessible shall mean parking spaces designed in compliance with the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design ("2010 Standards"), as may be amended.

Parking lot shall mean a surface area or structure used exclusively for the temporary parking of motor vehicles, whether or not a fee is charged.

Parking space, off-street shall mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room but located totally outside of any public or private right-of-way, street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to the requirements of section 24-161.

Patron shall mean any guest or customer of a public food service establishment.

Pergola shall mean a structure of posts or columns supporting an open roof of beams, crossing rafters or trelliswork.

Perimeter landscape means a continuous area of land which is required to be installed along the perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse environmental, aesthetic, and other negative impacts between uses.

Permeable interlocking concrete pavers shall mean solid concrete paving units with joints that create openings when assembled into a pattern. The joints are filled with permeable aggregates that allow water to freely enter the surface. The paving units are placed on a bedding layer of permeable aggregates that rests over a base and subbase of open-graded aggregates. The base and subbase store water and allow it to infiltrate into the soil subsurface A fifty (50) percent reduction in impervious area is allowed for these types of pavers provided they are installed using standards shown below. Traditional solid brick paver systems or systems with base, subbase, or subgrade that are impervious or semi-impervious shall not be considered as a permeable paver.

Permitted use shall mean the uses and activities that are allowed within a particular zoning or overlay district as described within this chapter. In the case of question regarding a typical or similar use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget.

Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity.

Pharmacy means a retail store licensed and regulated under Chapter 465, Florida Statutes, where prescription and other medicines and related products are dispensed and sold, but where the retail sale of other non-medical and miscellaneous products may also be sold.

Planning agency shall mean the community development board, or any other agency designated by the city commission, to serve those functions as the city's local planning agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city commission.

Plat, final subdivision means the plat to be recorded in accordance with engineering plans, specifications and calculations; certification of improvements, as-built drawings, or performance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a development or a phase of a development or the entire parcel of land proposed for development as required pursuant to article IV of this chapter.

Plat, re-plat, amended plat, or revised plat shall mean a map or delineated representation of the division or re-division of lands, being a complete and exact representation of the subdivision and including other information in compliance with the requirements of all applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes.

Policy in the context of the city's comprehensive plan shall mean the way in which programs and activities are conducted to achieve an identified goal.

Principal building shall mean a building within which is conducted the main or principal use of the lot or property upon which the building is situated.

Principal use shall mean the primary use of land, as distinguished from an accessory use.

Privacy structures shall mean vertical improvements such as trellises, screens, partitions or walls that are intended for the purpose of creating privacy for a rear yard, as opposed to a fence which encloses or separates land.

Private well means a shallow aquifer, Hawthorne, or Floridan well that is not a public potable water well.

Professional surveyor and mapper shall mean a surveyor and mapper registered under Chapter 472, Florida Statutes, who is in good standing with the board of professional surveyors and mappers.

Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of Atlantic Beach, issued by the National Weather Service, or if heavy rainfall is likely.

Projection means architectural features such as but not limited to a bay window, dormer windows, balcony, or sundeck subject to the provisions set forth in this chapter.

Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or more lots are considered together for the purposes of development.

Public facilities shall mean major capital improvements, including without limitation transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.

Public food service establishment and food service establishment shall mean any building, restaurant, vehicle, place, or structure, or any room, division, or area in or adjacent to a building, vehicle, place or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.

Public notice shall mean notice required by F.S. § 166.041. The public notice procedures required in this chapter are established as minimum public notice procedures for the City of Atlantic Beach.

Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents.

Public potable water well means any water well completed into the Floridan aquifer, which supplies potable water to a community water system or to a nontransient, noncommunity water system, as those terms are defined in Rule 62-521.200, Florida Administrative Code.

Public water supply utility means the owner of a public potable water well or wellfield.

Recreational vehicle (RV) shall mean a vehicular portable structure built on a chassis with its own wheels, either self-propelled or towed by another vehicle, designed to be used as a temporary dwelling for travel, vacation, camping or recreational purposes and including travel trailers, camping trailers, pickup campers, converted buses, motor homes, tent trailers, pop-up trailers and similar devices which travel on wheels on the ground. Boats which are customarily transported from place to place and the trailers used for transporting them shall be deemed to be recreational vehicles Recreational vehicles shall no include airplanes.

Recycling collection center shall mean a facility where recovered materials (generally newspapers, plastics, metals, glass, and paper) are delivered for further processing (sorting, baling, condensing, etc.) for shipment to recovered material markets.

Remodel, major shall mean a project that has fifty (50) percent or more of a dwelling's exterior walls, measured in linear feet, removed. Removal means either that no studs remain or that if some studs remain, the wall except for the studs has been stripped bare such that one can see through the wall. Any portion of an exterior wall so described shall be included in the calculation.

Repair shall mean restoration of portions of a building to its condition as before decay, wear, or damage, but not including alteration of the shape or size of any portion.

Residential treatment facilities (RTF) are community-based residences for individuals exhibiting symptoms of mental illness who are in need of a structured living environment. residents are limited to those eighteen (18) years of age or over. These facilities were designed to provide long-term residential care with an overlay or coordination of mental health services. A state license covers five (5) levels of care that range from having nurses on staff for twenty-four (24) hours a day to independent apartment residences that receive only weekly staff contact.

Restaurant shall mean any structure where food is prepared or served for consumption on or off the premises or within an enclosed business or building.

Retail establishments shall mean those businesses that provide goods for the surrounding community including, but not limited to, the sale of lumber, hardware, building materials, photo supplies, sporting goods, hobby supplies, pet supplies, home furnishings, and office equipment as well as low intensity retail establishments. Retail establishments are generally engaged in activities to attract the general public to buy and sell to customers for personal or household use. This definition shall not include those establishments that sell merchandise for use exclusively by business establishments.

Right-of-way shall mean land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies whether established by prescription, easement, dedication, gift, purchase, eminent domain, or other lawful means.

Risk of contamination means the existence of a faulty Floridan or Hawthorne well located within a wellhead protection area, a source of contamination, and/or a gradient in the shallow aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a public potable water well due to cross contamination between aquifers or source waters.

Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials from manufacturing operations or for any type of automotive repair.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Screening shall mean improvements that conceal the existence of something by obstructing the view of it.

Seat shall mean, for the purpose of determining the number of required off-street parking spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required seat.

Service establishments shall mean those businesses that serve the routine and daily needs of the community in which it is located including, but not limited to, low intensity service establishments, barber or beauty shops, shoe repair shops, laundry or dry cleaners, funeral homes, grocery stores, consultant firms, electronics repair shops, and similar service uses but not including manufacturing, warehousing, storage, or high intensity commercial services of a regional nature.

Setback shall mean the required distance between the lot line and the building or structure. Unless otherwise provided for within this chapter, setbacks shall be measured from the property line to the exterior vertical wall of a building or structure as opposed to the foundation. See also definition for building setback.

Shopping center shall mean a group of retail and other commercial establishments that is planned, developed, owned and managed as a single property, typically with on-site parking provided.

Short-term rentals shall mean any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses.

Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous from the base naturally growing to a mature height between two (2) and twelve (12) feet.

Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines as illustrated in chapter 19, section 19-5.

Single development parcel shall mean a unified development constructed or reconstructed on contiguous lands. Multiple adjacent platted lots shall be considered a single development parcel when: a) removing any of the parcels would create a nonconformity, b) typical elements of a single development are shared across a lot line such as access points, accessory structures, or architectural projections, or c) any permitted structure is located across a lot line (with the exception of fences). Removal of elements from a single development parcel shall not revert any lot back to an individual buildable lot unless minimum lot standards can be met.

Site development plan shall mean a plan of development including surveys, maps, drawings, notations and other information as may be required depicting the specific location and design of improvements proposed to be installed or constructed in accordance with the requirements of this chapter.

Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product.

Special planned area shall mean a zoning district classification that provides for the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A special planned area shall also include a commitment for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants or patrons thereof.

Special flood hazard areas (SFHA) as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) shall mean the area that will be inundated by a flood event having a one-percent chance of being equaled or exceeded in any given year. SFHAs are labeled as zone A, zone AO, zone AH, zones A1—A30, zone AE, zone A99, Zone AR, zone AR/AE, zone AR/AO, zone AR/A1—A30, zone AR/A, zone V, zone VE, and zones V1—V30.

Stormwater management system shall mean the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site or area.

Stormwater means that part of the precipitation that travels over natural, altered, or improved surfaces to the nearest stream channel or impoundment;and that which appears in surface waters.

Stormwater runoff means the portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Story shall mean that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and ceiling above.

Street shall mean any public or private access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers.

Figure 2 Street

Street classifications shall mean the classification of streets into the following three (3) categories:

Arterial highway system: Serves a large percentage of travel between cities and other activity centers, provides trips of moderate length, and serves adjacent geographic areas.

Collector road system: Collects traffic from local streets and connects them with arterials; provides more access to adjacent properties compared to arterials.

Local street system: Any road not defined as arterial or collector, primarily provides access to land with little or no through movement.

Street, private shall mean a street that is privately owned and maintained, and where a properly recorded private easement has been approved by the city.

Street, public shall mean a street legally dedicated to public use and officially accepted by the city.

Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street.

Structural alteration shall mean any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure shall mean anything constructed, installed, or portable, and which is over thirty (30) inches in height or requires a building permit, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. "Building" or "structure" includes parts thereof and these terms may be used interchangeably.

Subdivision shall mean the division of land into three (3) or more lots tracts, tiers, blocks, sites, units, or any other division of land; and may include establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Substantial damage shall mean damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the building or structure before the damage occurred.

Surety device means an agreement with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.

Surface water means water on the surface of the ground whether or not flowing through definite channels, including the following:

(1)

Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline;

(2)

Any natural or artificial stream, river, creek, channel, ditch, canal, conduit culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks; or

(3)

Any wetland.

Surveyor, land, means a land surveyor registered under Chapter 472, Florida Statutes who is in good standing with the Florida State Board of Engineer Examiners and Land Surveyors. Temporary and portable buildings and structures means any building or structure constructed or erected to not require permanent location on the ground.

The City of Atlantic Beach Approved Best Management Practices Training Program means a training program approved per F.S § 403.9338, or any more stringent requirements set forth in this chapter that includes the most current version of the Florida Department of Environmental Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the City of Atlantic Beach Public Works Director.

Theater shall mean an establishment offering dramatic presentations or showing movies to the general public.

Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Services, and [the] U.S. Fish and Wildlife Service.

Tower site means a parcel on which a communication tower and related accessory structures are located, which may be smaller than the minimum size required in the zoning district.

Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more attached units with ownership lines separating each dwelling unit through a common wall(s) and where ownership of each dwelling unit is held in fee-simple title for property as defined by a metes and bounds or other valid fee-simple title legal description.

Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for transporting a boat, animal, equipment or general goods. See also "Recreational vehicle."

Transitional living facility is a residential facility that assists persons with spinal cord injuries and persons with head injuries to achieve a higher level of independent functioning in daily living skills.

Transportation network company or "TNC" means an entity operating in this state pursuant F.S § 627.748 to using a digital network to connect a rider to a TNC driver, who provides prearranged rides. A TNC is not deemed to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract, and is not a taxicab association or for-hire vehicle owner.

Travel trailer park or court shall mean a park or court, licensed and approved by the State of Florida, and established to carry on the business of parking travel trailers and other recreational vehicles.

Trellis shall mean a frame supporting latticework, used as a screen or a support for growing vines or plants.

Turf, sod, or lawn means a piece of grass-covered soil held together by the roots of the grass.

Upland buffer shall mean areas of uplands adjacent to a delineated jurisdictional wetland boundary restricted from development.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants.

Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by these land development regulations and the comprehensive plan.

Use of land means use of land, water surface, and land under water to the extent covered by these land development regulations and the comprehensive plan, and over which the city commission has jurisdiction.

Use-by-exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. A use-by-exception may be granted only in accordance with the express provisions of section 24-63 of this chapter.

Utilities means, but is not necessarily limited to, water systems, electrical power, energy, natural gas, sanitary sewer systems, stormwater management systems, and telephone, internet or television cable systems; or portions, elements, or components thereof.

Valuation or value means, as applied to a building, the estimated cost to construct or replace the building in kind, or in the correct context, may mean the fair market value of a structure.

Variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.

Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading spaces and access drives within a property.

Vested development shall mean a proposed development project or an existing structure or use, which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from certain requirements of these land development regulations and/or the comprehensive plan.

Veterinary clinic shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but shall not include the boarding of well animals.

Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations contained within city Code which may be approved by the city commission pursuant to section 24-66. A waiver shall not modify any requirement or term customarily considered as a variance.

Warehouse or warehousing shall mean a building used primarily for the storage of equipment, goods and/or materials.

Watercraft shall mean every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within the City of Atlantic Beach.

Wellfield means more than one (1) public potable water well owned by a public water supply utility in close proximity to each other.

Wellhead protection area means an area consisting of a five-hundred-foot radial setback distance around a public potable water well or wellfield where the most stringent measures are provided to protect the ground water sources for a potable water well and includes the surface and subsurface area surrounding the well.

Wellhead protection area map means a map showing the location of the boundary of each of the wellhead protection areas in the city.

Wetland buffer means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland.

Wetlands shall mean those areas as defined by state law that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of actual wetland boundaries and the jurisdictional authority of such areas may be made by professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of wetlands.

Wholesale or wholesaling shall mean establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

Xeriscape means water conserving landscape design utilizing native or drought tolerant vegetation and water efficient irrigation systems.

Yard means a required area on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, landscape elements, architectural projections, accessory structures, or as otherwise provided for within this chapter.

Yard, front means the required yard extending across the full width of the lot, extending from the front lot line to the front building setback or restriction line as established by the zoning district designation or plat.

Yard, rear means a required yard extending across the full width of the lot, extending between the rear lot line and the rear building setback or restriction line as established by the zoning district designation or plat.

Yard, side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation or plat.

Zoning map shall mean the official record of the City of Atlantic Beach depicting the zoning district classifications on property within the municipal limits of the City of Atlantic Beach.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)