The purpose of this article is to describe the specific uses and restrictions that apply to land use districts consistent with the future land use element of the comprehensive plan. These regulations are intended to allow development and use of property only in compliance with the goals, objectives, and policies in the St. Augustine Beach Comprehensive Plan.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

Land use districts for St. Augustine Beach are established in the comprehensive plan, future land use element, including the future land use map (Map L-2 of the St. Augustine Beach Comprehensive Plan). The land use districts and classifications defined in the Future Land Use Element of the St. Augustine Beach Comprehensive Plan and delineated on the future land use map are the general determinant of permissible activities in the jurisdiction. Specific determinations on allowable uses on a parcel by parcel basis is established in this Land Development Code and delineated on Table 3.02.02. Allowable uses are shown in section 3.02.03 to correlate individual land use activities with land use classifications included on the future land use map.

The city is divided into the following Land Use districts:

Low Density Residential (L)

Medium Low Density Residential (ML)

Medium Density Residential (M)

High Density Residential (H)

Commercial (CO)

Institutional (I)

Recreation (R)

Conservation (CN)

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

This section 3.02.00 defines and describes the specific uses allowed within each land use district described in the comprehensive plan and this Code.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Except as provided in subsection B. herein, the permitted and conditional uses for all land use districts except mixed use districts are listed in Table 3.02.02. Uses for mixed use districts are listed in section 3.02.02.01. The list of uses contained in said table are exclusive, and any use not included under permitted or conditional uses shall be prohibited in such districts.

B.

Pharmacies may be located only in those commercial areas located within the city of St. Augustine Beach along State Road A1A from Pope Road south along the State Highway to the city's southern limits, including the area located within the Anastasia Plaza.

C.

For all uses designated as C-2 in section 3.02.02, the Comprehensive Planning and Zoning Board may stand in the place of the City Commission for the purposes of this section.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18; Ord. No. 19-01, § 2, 3-4-19; Ord. No. 21-01, § 3, 4-5-21; Ord. No. 21-10, § 2, 10-4-21; Ord. No. 25-02, § 2, 3-3-25)

All commercially zoned lands within the corporate limits of the City of St. Augustine Beach from the south side of F Street to the northerly city limits north of Pope Road shall be designated mixed use districts.

A.

Purpose. The purpose of a mixed-use district is:

1.

To accommodate a mixture of retail, service, residential, and other uses.

2.

Encourage development that exhibits the physical design characteristics of pedestrian oriented, store front shopping streets; and

3.

Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

4.

To site structures so their siting is compatible with the future vision of the city as well as city codes.

5.

Ensure that the massing of the structure/structures are compatible with surrounding buildings.

6.

Ensure that the proposed projects do not exceed the size and scale of other buildings in the vicinity and that a proportionate scale is maintained between height and width of structures.

7.

Ensure that roof forms, detailing, textures, colors, and the rhythm of a structure, wall space and doors and windows are compatible with city codes and the future vision for the city.

B.

Definitions.

Commercial use: A structure used only for a commercial operation that is allowed by the land development regulations.

Floor area ratio: The ratio of the building gross floor area to the square footage of each lot a structure is located on.

Gross floor area: The sum of all horizontal floor areas for a structure measured from the outside faces of the exterior walls. Not included are second or third level balconies and porches and attic space. Where parking is provided under a structure, the footprint of the parking will be considered as the gross floor area.

Horizontal/vertical articulation: Architectural features that break the flat surface of a building wall. Minimum distance between any horizontal or vertical feature is ten (10) feet in any direction.

Horizontal and vertical articulation to the building facade is required for structures fronting A1A Beach Boulevard. The vertical articulation features shall be within the allowed setback areas dependent on the proposed use of the structure, the horizontal features ten (10) feet above finished grade will be allowed to encroach into the setback area no more than twelve (12) inches.

Mixed use building: A structure containing a mix of commercial and residential uses, one (1) floor devoted for commercial use, the other floor devoted to residential use.

Residential use: A structure used solely for a single-family residence.

C.

Table of allowed uses.

This use table should be refined to reflect local characteristics and planning objectives. The range of uses should be as broad as possible fitting the character of the city and the locations. There may be instances where a drive-thru facility is needed due to the type of business such as a bank or pharmacies. Also, buildings with residential units, commercial uses, will be self-policing because possible owner associations may ensure that commercial uses within buildings will be comparable with upper story residential uses.

D.

Mixed use size limits. The minimum floor area for a mixed use structure is eight hundred (800) square feet or twenty-five (25) percent of the lot area (whichever is greater) for lots with street frontage of fifty (50) feet width or more. For fifty (50) feet or less, street frontage, the minimum floor area is twenty (20) percent of the lot area.

E.

Structure height for twenty-five-foot setbacks. Structure or building height shall be measured in accordance with Section 6.01.03.B.4. Thirty-five (35) feet to the roof ridge is the allowable height and an allowance for architectural detail to the forty-foot height is allowed. The forty-foot height shall not exceed forty (40) percent of the building perimeter on any side. This additional height allowance is allowed when being utilized for screening roof top mounted equipment.

F.

Setbacks and height restrictions for mixed use. Setbacks for mixed use are variable dependent on the type of commercial use sought in the application and the projected structure height.

Retail Shops: Allowable setbacks are from zero (0) to twenty-five (25) feet or more. The minimum setback for a two-story structure with a second level porch/balcony, is five (5) feet, the porch not exceeding five (5) feet in depth. Maximum height allowed to the roof ridge is twenty-seven (27) feet within the setback area from zero (0) to fifteen (15) feet. Between fifteen (15) feet to twenty-five (25) feet or more, the allowable height is thirty-five (35) feet to the roof ridge. Structure or building height shall be measured in accordance with Section 6.01.03.B.4.

Business Use: Same allowance as retail use.

Restaurant Use: Minimum setback allowed is ten (10) feet if outside seating is proposed. A second level deck will be allowed a zero (0) foot setback for the front setback and a five-foot side setback. Restaurants having A1A Beach Boulevard and side street frontage, shall have an option for placing decks for outside seating facing either street meeting the following setback requirements. Fronting the Boulevard, a three-foot landscaped setback will be required. Side street setbacks for a wood deck shall be five (5) feet. Landscaping will be optional dependent upon existing site conditions. Decorative structural posts may be used for support elements for existing construction or porches may be cantilevered or supported by diagonal bracing.

Hotel/Motel Use: Minimum allowed setback is twenty-five (25) feet for those building facades exceeding twenty-seven (27) feet. The portion of a hotel/motel having a single story section, mainly a porte cochere, fronting a street will be allowed a five-foot front setback for that section providing the roof ridge does not exceed eighteen (18) feet. Structure or building height shall be measured in accordance with Section 6.01.03.B.4.

Residential Use: All stand-alone residential uses are subject to approval by planning and zoning board for the City of St. Augustine Beach.

G.

Construction materials, exterior colors. The roof and exterior finishes are those materials reflected in the catalog of recommended architectural and site features.

Exterior finishes for any structure fronting A1A Beach Boulevard shall be approved by the City of St. Augustine Beach in accordance with approved color palettes maintained in the building department. These color finishes established by community appearance standards as established by ordinance.

H.

Mechanical and utility equipment location and screening. Single or dual mechanical equipment (ac compressors) shall be located in the side or rear setback area. Multiple units, three (3) or more, shall be placed on rooftops and screened by architectural details to the roof line. Ground located equipment shall be screened by walls constructed from the same materials as the main structure exterior finish, then accented by landscaping.

Utility services shall be placed underground for all new construction and for any structure subject to remodel work. All structures located within the mixed use zoning classification shall be required to hook up to water and sewer from St. Johns County Utility Services.

I.

Catalog of recommended architectural and site features.

Recommended Architectural Design:

Key West Style, Florida Vernacular, Cracker Design, Spanish Mediterranean Design Stepped Parapet Storefront, Classical Gable House, Classical Double Gallery House.

Recommended Architectural Features:

Accents to all structures by vertical and horizontal articulation.

Exterior finish materials shall be limited to masonry finishes, rock, brick, wood siding, concrete composite siding materials.

Roofing materials are limited to architectural grade shingles, metal roofing, and concrete composite roofing products.

Shutters, dormers, in scale with the structure's design, porches with gingerbread effects, patios with decorative fencing or guardrails, open soffits, cupolas.

Recommended Site Features:

Xeriscape landscaping for decorative gardens in place of grasses, use of stone or mulch for ground cover, Brick pavers for drives, sidewalks, parking areas.

J.

Parking requirements. All parking for retail, business, restaurant uses and garage openings for residential use shall be placed in the rear or at the side. Parking located at the side of a structure shall be required to have landscape buffers, five (5) feet in width between the edge of the parking area and the right-of-way of the adjacent street. All plant materials used shall be three-gallon minimum container size. Access to the parking shall be from the numbered or lettered streets perpendicular to A1A Beach Boulevard. Hotel/motel parking can be placed in the front of the structure.

Curb cuts from A1A Beach Boulevard shall be allowed where a platted alleyway whether the alleyway is open or not opened.

Shared parking and shared access to parking is encouraged.

K.

Signage. All signage, ground and wall signs shall be subject to the City of St. Augustine Beach Land Development Regulations article VIII.

L.

Compliance requirements. The comprehensive planning and zoning board shall review and either approve or deny any proposed development within the mixed use zoning. Upon a showing of economic hardship demonstrating a substantial reduction in value of the property subject to the application for review based on a reasonable investment-backed expectation the comprehensive planning and zoning board may grant a variance with or without conditions from the strict provisions of this section. Review by the city commission of a determination by the comprehensive planning and zoning board shall be in the same manner as other appeals from the comprehensive planning and zoning board.

M.

Unless specifically allowed by the mixed use district land development regulations or incorporated into the written development order approval received from the comprehensive planning and zoning board or the city commission on appeal, all mixed use development shall comply with the other applicable land development regulations, including those regulations not specified by the mixed use district and, in particular, those regulations that apply to the underlying zoning.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18; Ord. No. 20-02, § 1(Exh. 1), 3-2-20; Ord. No. 20-08, § 2, 8-3-20; Ord. No. 22-02, § 2, 3-7-22; Ord. No. 25-02, § 2, 3-3-25)

A.

In addition to the uses prohibited under section 3.02.02 and Table 3.02.02, and other provisions of this Code, the following uses are prohibited:

1.

Keeping, breeding, or raising of bees used for the production of honey, invasive insects, reptiles, pigs, horses, cattle, goats, hogs, or poultry.

2.

The sale, offer for sale, rental, storage or display of any merchandise, outside of an enclosed building on the premises of any business except as provided herein.

a.

As used herein the term "outdoor" shall mean any area which is outside of the heated or cooled area of a building and visible from a public street. Provided, however, that the outdoor display or sale of merchandise shall be permitted:

(1)

In conjunction with and pursuant to any outdoor sale or display of merchandise authorized in conjunction with a special event pursuant to section 3.02.05 hereof:

(2)

When the display is limited to merchandise identical to that actually in stock and available for purchase on the premises where the display is maintained, the display is limited in size to an area no greater than five (5) feet high, three (3) feet wide, and three (3) feet in length and is not located within six (6) feet of any other such display. No such display may be located within any public right-of-way, mandatory building setback under this chapter or so as to interfere with any fire exit required under any building code of the city. Any display rack, shelves or other device used in conjunction with the display of merchandise shall be made of wood which shall have either a natural finish or shall be painted only in colors which have been approved by the comprehensive planning and zoning board as a part of the supplemental criteria for community appearance standards or shall be made of brass, copper, bronze, nickel, tin or iron; provided, however, that painted, polished, anodized or chromed metals shall be prohibited.

3.

The sale, offer for sale, or rebuilding of secondhand merchandise on any business premises, including secondhand household and commercial goods, such as but not limited to: refrigerators, stoves, sinks, plumbing fixtures, carports, tents, air conditioners, windows, vehicle parts, and the like.

4.

The manufacture, assembly or preparation of any merchandise, food or beverages outside of an enclosed building on any business premises.

5.

The sale, offer for sale, or rental of any merchandise, food or beverages from a motorized or nonmotorized vehicle or trailer of any type on any business premises.

6.

The operation of a business from any temporary quarters, such as but not limited to: tents, pushcarts, sheds, carports, motor vehicles, and trailers.

7.

Package stores; provided, however, that package stores having an area of less than eight thousand (8,000) square feet and located within a shopping center having greater than fifteen thousand (15,000) square feet under roof and package stores operated in conjunction with a restaurant having a 4-COP license as of the effective date of this section shall be an authorized use within commercially zoned areas.

8.

Pawn shops.

9.

Sewer treatment plants.

10.

Car wash, unless ancillary to a service station.

11.

Wireless communication towers in all districts; provided, however, that such towers may be allowed as a conditional use in commercial districts at locations more than three hundred (300) feet from residential uses upon a showing by the applicant that wireless telephone signals will not otherwise be adequately available within the corporate limits of the city from a site outside the corporate limits of the city. Nothing in this section shall be deemed to prohibit towers for governmental use such as fire, police and public works. To protect the vision and scenic beauty of A1A Beach Boulevard and the beaches, as set forth in various studies and reports conducted by the city, including the Visioning Plan, no tower greater than forty (40) feet in height may be located within three hundred (300) feet of the western boundary of A1A Beach Boulevard or east of A1A Beach Boulevard unless this requirement would result in a prohibition of communication service to a particular area of the city.

12.

Transient lodging establishments within low density residentially zoned areas.

13.

Any business or organization which is required to be regulated under F.S. Ch. 397, Substance Abuse Services.

B.

The preceding paragraph A. does not prohibit the following uses when in conformity with all other provisions of this Code and with required city permits:

1.

A temporary construction trailer is allowable in accordance with section 7.03.01 of this Code.

2.

Farmers markets, seasonal sale of Christmas trees, merchandise not visible from a public right-of-way, and nursery stock in containers, garden supplies and equipment, lawn and patio furniture and ornamental articles for use in garden or patio area, shall be permitted as a conditional use, provided further that the items are within an area other than the required setback or parking area and that such displays are accessory to a permitted use and adjacent to a permitted structure. All existing display or storage not permitted as a conditional use shall conform with this provision within six (6) months of the effective date hereon.

C.

Notwithstanding any provision within the definition of "Conditional Use Permit" as contained in section 2.00.00, any provision contained in section 10.03.02, or any provision of table 3.02.02, all of these land development regulations, a conditional use permit shall not be permitted for a residential use, multifamily, or a residential condominium use within a commercially zoned district without a specific finding by the city commission that, due to the size or configuration of the property for which residential use is sought, a commercial use is not economically viable. The burden of proof of showing lack of economic viability shall be upon the applicant and not upon the city, there being a presumption of such viability.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18; Ord. No. 21-01, § 4, 4-5-21; Ord. No. 21-07, § 2, 8-11-21; Ord. No. 22-06, (Exh. A), 7-11-22)

A.

Generally. Lot coverage is the measurement of the intensity of development on a site.

B.

Calculating lot coverage. The percentage lot coverage is the square footage of the building divided by the square footage of the site. Lot coverage does not include paved areas for parking, sidewalks or driveways. Lot Coverage shall include second floor decks with no roof and a solid surface floor.

C.

Table of lot coverage.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

The City Manager or his designee shall have the authority to issue permits for special events on privately owned property in the commercial land use district.

B.

No person shall aid, form, stage or conduct any special event, unless the special event occurs on property in the commercial land use district, and with a permit having first been issued.

C.

One (1) location, site, or business may have a promotional sale no more than five (5) times during a calendar year. When more than one (1) business is situated on a parcel, lot, or tract of land, all of the businesses situated on such site, or an association authorized to act on behalf of all of the businesses, shall be required to apply for a special event permit, and no more than five (5) promotional sales per calendar year will be allowed on any such site.

D.

A special event may be held for one (1), two (2), or three (3) consecutive days, but no more than three (3) consecutive days, pursuant to a special event permit issued by the City Manager or designee.

E.

A special event may be held for longer than three (3) consecutive days, but no more than thirty (30) consecutive days, with a conditional use permit. The comprehensive planning and zoning board shall have the authority to grant conditional use permits for special events lasting no more than thirty (30) consecutive days on privately owned land in the commercial land use district, and provided each such special event complies with all other requirements of this section, and applicable city codes. It shall not be necessary for the city commission to approve or confirm the decision of the board in respect to the grant or denial of a conditional use permit for a special event. The procedures and limitations provided under Chapter 10 of this Code shall apply to such conditional use permits, except that any reference to the city commission or commission shall be read as the comprehensive planning and zoning board. An appeal of any decision by the board may be made to the city commission.

F.

There must be at least fifty (50) percent of on-site parking spaces available for parking by the public and one hundred (100) percent of the accessible parking must be available, which is inclusive of the minimum fifty (50) percent of parking required.

G.

A special event permit shall not be issued unless the special event shall occur within one hundred eight (180) days of the date of issuance of the permit.

H.

The application fee for a special event permit shall be fifty dollars ($50.00). The application shall be in writing and on a form prescribed by the City Manager or designee. A special event permit from the City Manager or designee shall not be necessary when a conditional use permit for a special event has been issued.

I.

The sale, offer for sale, or display of merchandise, food or beverages may occur outside of an enclosed building or from a vehicle or trailer as part of a special event. Music or entertainment outside of an enclosed building shall not occur between the hours of 9:00 p.m. and 9:00 a.m. the following day during any special event.

J.

The provisions of this section do not affect the regulation of special events occurring on property owned by the City of St. Augustine Beach or St. Johns County.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18; Ord. No. 24-01, § 2, 3-4-24)

A.

Intent. The City of St. Augustine Beach recognizes that condominium hotels are a hybrid form of ownership of the traditional hotel/motel concept. It must be recognized that condominium hotels are considered to be a transient hotel/motel use and not a residential use. It is the intent of this regulation to ensure that condominium hotels are operated in substantially the same manner as conventional hotels/motels. Further, this regulation is designed to protect and preserve density requirements mandated in districts where hotels and motels are allowed as well as preserving future transient accommodations on the open market and made available to the general public and tourists. The operation of condominium hotels, hotels and motels is strictly a commercial activity and is inconsistent with residential use. Transient and business related activities have different impacts on governmental facilities and infrastructure (e.g. density, traffic, parking, schools). As such this regulation is to ensure that the use and operation of condominium hotels, hotels and motels remain an exclusively commercial enterprise and not a residential use.

B.

Criteria for operation of condominium hotels, hotels and motels.

1.

All units in a condominium hotel, hotel or motel shall be considered transient accommodation units and must be made available as rentals on a continual daily, weekly or monthly basis. If the occupancy of any such unit does not change more frequently than six (6) times or more in a continuous twelve-month period then a rebuttable presumption shall arise that the unit is not being used for transient accommodations; provided, however, one (1) unit may be used on a full-time basis by a resident manager, and, if applicable, subject to the governance of the condominium association.

2.

Proper licensing will be required of all condominium hotel units through all applicable agencies that license hotels prior to any certificates of occupancy being issued. All licenses must be kept current.

3.

A reservation system shall be required as an integral part of the condominium hotel or hotel/motel facility for the rental of units.

4.

There shall be a lobby/front desk area that is internally oriented and must be operated as a hotel/motel.

5.

All units shall be subject to all applicable tourist tax collections, when rented.

6.

Units shall not be used for homesteading purposes, home occupational licensing, time share, or fractional interests.

7.

All units, except that of the resident manager, must be included in the inventory of units that are available for rent.

8.

A condominium hotel may be allowed as a conditional use in any land district in which a hotel or motel is allowed.

9.

Annual occupational licenses for each business operating a condominium hotel shall be required in the same manner and rates as required for a hotel/motel.

10.

All condominium hotels and hotels/motels shall have sufficient signage, consistent with the outdoor advertising and signage requirements of these regulations, viewable by the general public designating the use as a hotel or motel.

11.

Units in a condominium hotel, hotel, or motel facility, except the resident manager's quarters, shall not be occupied by their owners for more than a total of ninety (90) days in any consecutive twelve-month period.

12.

The books and records of the condominium hotel, hotel or motel pertaining to the rentals of each unit in the condominium hotel or hotel/motel facility shall be open for inspection by authorized representatives of the City of St. Augustine Beach, upon reasonable notice, in order to confirm compliance with these regulations as allowable by general law.

13.

The city manager or the planning and zoning director may require affidavits of compliance with this section from each condominium hotel operator or hotel/motel facility owner.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

It is the purpose of this section 3.04.00 to encourage new development and redevelopment, flexibility in design with the overall development consistent with this Code and the St. Augustine Beach Comprehensive Plan. A planned unit development is permitted on a parcel of land under common control or ownership, where it would be beneficial for the city and improve the quality of the development, to permit flexibility in the location of land uses that are shown on the future land use map.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Submittals. All proposed development requesting to be reviewed as a planned unit development shall provide the following information on the application for development approval:

1.

The application for approval of a proposed development shall indicate that the development approval is requested as a planned unit development.

2.

The application shall clearly show the calculation allowed by the future land use map per type of land use category and the calculation of the land use by type in the proposed development.

3.

The application shall indicate the benefit to the city for allowing the planned unit development. The benefits may include:

a.

Permit a creative approach to the development of land;

b.

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this Code;

c.

Provide for an efficient use of land, resulting in smaller networks of utilities and streets;

d.

Enhance the appearance of neighborhoods through preservation of natural features, the provision of underground utilities and the provisions of recreation areas and open space;

e.

Provide an opportunity for new approaches to ownership;

f.

Provide an environment of stable character compatible with surrounding residential areas; and

g.

Retain property values over the years.

4.

The application for development approval must comply with all requirements of Article XII of this Code.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Alcoholic beverages, including beer, malt beverages, wines, and liquor, as defined in the Florida Beverage Law, may be sold or served in any place holding a valid license issued by the appropriate agency of the state allowing for such sale, between the hours of 7:00 a.m. and 2:00 a.m. the following day on each day of the week, including Sunday, and the licensed premises shall close no later than 2:30 a.m.

B.

It is unlawful to sell alcoholic beverages except during the hours specified in paragraph A. of this section.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

State Law reference— Municipal authority to regulate hours of sale, F.S. § 562.14.

A.

No premises shall be used for the sale of any alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for the use is located less than one thousand five hundred (1,500) feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises. The distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business.

B.

No premises shall be used for the sale of alcoholic beverage to be consumed on or off the premises where the structure or place of business intended for such use is located less than two thousand five hundred (2,500) feet from a church or public or private school. This distance requirement shall be measured and computed as follows:

1.

From a church the distance shall be measured following a straight line from the front door of the proposed place of business to the nearest point of the church structure;

2.

From a public or private school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds.

C.

For the purpose of establishing the distance between alcoholic beverage uses and churches or public or private schools, the applicant for alcoholic beverage use shall furnish a certified sketch of survey from a registered engineer or surveyor. The sketch shall indicate the distance between the proposed place of business and any existing alcoholic beverage establishment within one thousand five hundred (1,500) feet, and any church or school within two thousand five hundred (2,500) feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the building inspector shall be controlling.

D.

The location restrictions provided by paragraphs A., B., E., F., G., and H., shall not apply to the following exempt premises:

1.

To nonprofit private clubs where only members are served and where there are no signs or other indications that alcoholic beverages are being served, exhibited or displayed that can be seen from the outside of the structures.

2.

To restaurants in existence and holding a valid occupational license for restaurant use on May 4, 1992, and having twenty-four (24) or more seats, but less than one hundred (100) seats; provided that beer and wine are the only form of alcoholic beverages sold and the same are sold only for consumption on the premises; provided, however, that a restaurant as specified in this paragraph D.2. shall not be regarded as having abandoned its legally established right where the following conditions re found to exist:

a.

That the restaurant had the legal right on May 4, 1992, to serve beer and wine.

b.

That the exemption contained in this subsection shall not have been transferred to another location pursuant to paragraph G., hereof.

c.

That the location of such restaurant shall not have been used on a date subsequent to May 4, 1992, for a use other than as a restaurant.

d.

That the intent to utilize the location as a restaurant shall not have been abandoned by removal of necessary restaurant equipment, such as stoves, hoods and dishwashing equipment.

3.

To restaurants having one hundred (100) or more seats; provided that alcoholic beverages are sold only for consumption on the premises.

4.

To the sale of beer and wine as a grocery item for consumption off the premises from grocery stores.

5.

To night clubs and cabarets located in a hotel, motel, or apartment hotel that contain at least fifty (50) guest rooms or apartment units provided the exterior of any such building does not have store fronts or give the appearance of commercial or mercantile activity as viewed from the road. If the use contains windows which may be seen from the road, the windows shall be of fixed, obscure glass. The night club or cabaret may be entered by the most convenient entrance. Alcoholic beverages may be served either within or outside of the building. If alcoholic beverages are served outside of the building, then service and consumption thereof shall occur only in a courtyard or patio area which is enclosed or is so located where the interior of the courtyard or patio area is not visible from any city, county or state road.

6.

To a hotel, motel, or apartment hotel that contains no fewer than thirty-five (35) guest rooms; provided that beer and wine are the only form of alcoholic beverages sold, and the same are sold only for consumption on premises by guests; who are lodging at the hotel, motel, or apartment hotel, and invitees of guests. Alcoholic beverages may be served either within or outside of the building. If alcoholic beverages are served outside of the building, then service and consumption thereof shall occur only in a courtyard or patio area which is enclosed or is so located where the interior of the courtyard or patio area is not visible from any city, county or state road. There shall be no advertising to the public that beer and wine are available on the premises, however the same may be advertised as an amenity in connection with solicitation of guests for lodging at the hotel, motel, or apartment hotel.

7.

To any restaurant seventy-five (75) percent or more of the sales of which are from the sale of food, (i) which maintains a closing hour of not later than 11:00 p.m. of each day, (ii) whose sale of alcohol is limited to beer and wine sold in conjunction with the sale of a meal at table service as opposed to counter service, (iii) which does not maintain any external signage of the beer and wine being for sale on the premises and (iv) which undertakes to file on or before the last day of February and August with the office of the City Manager or designee a copy of its sales tax reports for the six-month period preceding January and July, respectively, indicating that seventy-five (75) percent or more of its sales during such periods come from the sale of food as opposed to beer and wine.

8.

To qualify as a restaurant for the purpose of selling beer, wine and/or spirits, an establishment shall:

a.

Sell alcoholic beverages clearly as an incidental sale to the sale of food for consumption on the premises. As used herein the term food shall not include popcorn, snack food, or other prepackaged items sold without additions or preparation. Heating of prepackaged foods through the use of microwave ovens shall not be regarded as preparation for the purpose of this subsection; provided, however, that package stores operated in conjunction with a restaurant having a 4-COP license as of the effective date of this section shall be an authorized use within commercially zoned areas.

b.

At all times, while service beer, wine or spirits, up until two (2) hours prior to the establishment's designated closing time, operate a kitchen as approved by the appropriate state, county and municipal authorities including having on premises an individual appropriately licensed for the preparation of food as required by state law; and

c.

Have available for preparation and consumption at all times, while the kitchen is open pursuant to subsection d. above, the majority of the food products offered for sale.

9.

To the sale of wine as a specialty item covered in chocolate for consumption off the premises from chocolatiers whose main source of revenue is generated from the making and selling of chocolate candy.

E.

The provisions of paragraph D.2., above, shall not affect the continuance of a nonconforming use for the sale of alcoholic beverages under section 3.05.04 by a restaurant in existence on or before May 11, 1964.

F.

In determining the distance requirements for any nonexempt premises under paragraphs A. and B., the distance shall be measured from the exempt premises listed in paragraph D., as well as nonexempt premises having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises.

G.

Any restaurant in existence and holding a valid occupational license from the city for restaurant use on May 4, 1992, and having twenty-four (24) or more seats, but less than one hundred (100) seats, may transfer its exemption from the location restrictions of this section to a new location, if all of the following conditions are met:

1.

The restaurant keeps its original name at the new location and has the same owner as of May 4, 1992;

2.

Beer and wine are the only form of alcoholic beverages sold at the new location and the same are sold only for consumption on the premises; and

3.

The new location is located at least seven hundred (700) feet from any place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or off the premises.

H.

After transfer of an exemption to a new location in accordance with paragraph G. of this section, a change in name or ownership of the restaurant shall not affect the continuance of the exemption at the new location.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

No certificate of use or occupancy, building or other permit shall be issued to any person for the sale of alcoholic beverages to be consumed on or off the premises if the proposed place of business does not conform to the requirements of section 3.05.02.

B.

The right to use premises for the sale of beer and wine or liquor for consumption on, or off such premises shall be established at the time a building permit is issued, the application for which states that such use is to be established, and provided that the structure for which the building permit was issued is completed, and an occupancy permit issued for such use within the time prescribed for the completion of the structure. Where the use is to be established in an existing structure, the use is considered as existing at such time as the occupancy permit for the use has been issued, provided the use has been established within the time prescribed in the permit.

C.

All alcoholic beverage uses shall be established in the premises within thirty (30) days after the date of issuance of a certificate of use and occupancy; otherwise the certificate of use and occupancy shall be null and void.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

There exist alcoholic beverage uses referred to in section 3.05.02 which were either lawful before the adoption of this Code or were lawfully established after the adoption of this Code, but which would be prohibited, regulated, or restricted under the terms of this article, as adopted or amended. Such nonconforming uses may continue until there is an abandonment thereof; provided that such nonconforming uses have been established and proven to the satisfaction of the building and zoning department. The use may continue until there is an abandonment. Once a nonconforming use is abandoned it cannot be re-established unless it can conform to the requirements of this Code including any amendments.

B.

Abandonment shall consist of a change of use or suspension of active business with the public for a period of not less than six (6) months, or prior to the end of the period, on written declaration of abandonment by the tenant and owner of the premises if under lease, and, if not under lease by the owner.

C.

Legally existing alcoholic beverage made nonconforming by reason of the regulations establishing distance restrictions between such uses, or any of them, or between any such uses and churches or schools, shall not be expanded unless and until such explanation shall have been approved by the zoning board for good and justifiable cause after a public hearing. "Expansion" includes the enlargement of space for such use and uses incidental thereto, the extension of a beer and wine bar to include intoxicating liquor, and the extension of a bar use to a nightclub use.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

A restaurant shall not serve alcoholic beverages unless it is equipped to serve a minimum of twenty-five (25) persons meals at tables at one time, and derives at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages.

B.

Paragraph A. above shall not apply to restaurants in existence and holding a valid occupational license for restaurant use on May 4, 1992.

C.

No restaurant, not having a 4-COP license as of the effective date of this section, shall operate as a package store, nor shall intoxicating beverages be sold after the hours of serving food have elapsed.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Definitions. The following terms, when used in this section, shall have the following meanings:

1.

Commercial Establishment—Any business, commercial or other establishment (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement) such as, but not limited to: bottle clubs; hotels; motels; restaurants; night clubs; country clubs; cabarets; meeting facilities utilized by any religious, social, fraternal or similar organization; businesses in which the consumption of alcoholic beverages is permitted; and businesses which do not permit the consumption of alcoholic beverages. A private residence is not a commercial establishment.

2.

Entity—Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit or not-for-profit organization.

3.

Nude—Any person insufficiently clothed so that any of the following body parts are not completely covered with a fully opaque covering:

a.

The male or female genitals, or

b.

The male or female pubic area, or

c.

Any portion of the female breast below the top of the areola, or

d.

The buttocks.

Body paint, body dyes, tattoos and similar substances shall not be considered an opaque covering.

Attire which is insufficient to completely cover the buttocks include, but is not limited to, G-Strings, T-backs and thongs.

4.

Person—Any human being aged ten (10) years of age or older.

5.

Places Provided or Set Apart for Nudity—Public restrooms, functional shower and locker room facilities, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy protected therein, but excluding any places where nudity is used for the promotion of business or is otherwise commercially exploited.

B.

Nudity prohibited in a commercial establishment. It shall be unlawful for any person to knowingly, intentionally, or recklessly appear, or cause another person to appear, nude in or upon the premises of a commercial establishment. It shall also be unlawful for any person or entity maintaining, owning, or operating any commercial establishment to encourage, suffer or permit any person to appear nude in or upon the premises of such commercial establishment.

C.

Exemptions. The prohibitions of paragraph B. shall not apply:

1.

When a person appears nude in a place provided or set apart for nudity, provided such person does not appear nude for the purpose of obtaining money or other financial gain to benefit such person or another person or entity, or any purpose other than the performance of the legal function intended to be performed within such place provided or set apart for nudity; or

2.

When the conduct of being nude cannot legally be prohibited by this section because (i) it constitutes part of a bona fide live communication, demonstration or performance by such person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression, and is not a guise or pretense utilized to exploit nudity for profit or commercial gain, and as such is protected by the United States or Florida Constitution, or (ii) it is otherwise protected by the United States or Florida Constitution; or

3.

When a customer is clothed in swimwear or other attire, and such swimwear or other attire when worn in public is not in violation of any state law or city ordinance. This exemption shall not apply to any owner, manager, operator, or employee of a commercial establishment.

D.

Intent.

1.

The definition of person contained in this section shall not be construed to permit or authorize the commercial exploitation of the nudity of any minor child.

2.

The third listed exemption contained in the preceding paragraph C. shall not be construed to limit the right of the owner, manager, operator, or employee of a commercial establishment to exclude from the premises any person who is not clothed in accordance with any dress code or other requirements imposed by such owner, manager, operator, or employee.

E.

Territory embraced. All territory within the legal boundaries of the city shall be embraced by the provision of this section.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Subject. This section applies to bookstores, theaters, arcades, adult massage parlors, adult bath houses, hotels and motels and any other business that offers books and other printed materials, motion pictures, video tape recordings, tapes, rubber goods or other sexually oriented paraphernalia, or lodgings which have as their dominant or primary theme matters related to specified anatomical areas.

B.

Purpose. This section is enacted for the purpose of expressing and protecting contemporaneous community standards of conduct. These standards do not permit the operation of sexually oriented establishments and sexually oriented activities as described herein in subsection E.

C.

Findings. The city commission finds that the United States Supreme Court has formulated constitutional guidelines, including the following:

1.

Obscene material is not protected under the First Amendment.

2.

The government has a legitimate interest in protecting the public commercial environment by preventing obscene materials from entering the stream of commerce.

3.

With regard to the regulation of obscenity, there is a right of the nation and of the states to maintain a decent society.

4.

The primary requirements of decency may be enforced against obscene publications.

5.

With regard to the scope of regulation of obscene material permissible under the First Amendment, the United States Supreme Court does not undertake to tell states what they must do, but rather undertakes to define the area in which they may chart their own course in dealing with obscene material. The construction of a state obscenity statute by the state's highest court is biding on the United States Supreme Court.

6.

The states have a legitimate interest in regulating the use of obscene material in local commerce and in all places of public accommodation, including so called "adult" motion picture theaters from which minors are excluded as long as such regulations do not run afoul of specific constitutional prohibition.

7.

Under the First and Fourteenth Amendments, the constitutionally permissible scope of state regulation of obscene materials is confined to works which depict or describe sexual conduct, which conduct must be specifically defined by the applicable state law, as written or authoritatively construed.

8.

Under the First and Fourteenth Amendments, a state offense relating to obscene materials must be limited to works that, taken as a whole, appeal to the prurient interest in sex; that portray sexual conduct in a patently offensive way; and that, taken as a whole, do not have serious literary, artistic, political, or scientific value.

9.

With regard to constitutionally permissible state regulation of obscene materials, the basic guidelines for the trier of fact must be:

a.

Whether the average person, applying contemporary community standards, would find that work taken as a whole, appeals to the prurient interest; and

b.

Whether the work depicts, describes in a patently offensive way, sexual conduct specifically defined by the applicable state law; and

c.

Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value - there being no requirements that the work be "utterly without redeeming social value" or "social importance." If a state law that regulates obscene material is thus limited as written or construed, the First Amendment values applicable to the state through the Fourteenth Amendment are adequately protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary.

10.

With regard to the standard for constitutionally permissible state regulation of obscene material that the work must depict or describe, in a patently offensive way, sexual conduct "specifically defined by the applicable state law," a state statute may properly define for regulation:

a.

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; and

b.

Patently offensive representations or descriptions of masturbation, excretory functions, lewd exhibition of the genitals.

11.

Although fundamental First Amendment limitations on the powers of the states as to obscene materials do not vary from community to community, nevertheless this does not mean that there are, or should or can be fixed uniform national standards of precisely what appeal to the "prurient interest" or its "patently offensive," obscenity is to be determined by applying "contemporaneous community standards," not national standards.

12.

Under constitutional standards for determining obscenity announced in Miller v. California, it is permissible to allow juries to rely on the understanding of the community from which they come as to contemporaneous community standards of obscenity, and that states have a considerable latitude in framing statutes under such element of the Miller decision. A state may choose to define an obscenity offense in terms of "contemporary community standards" without further specification, or it may choose to define the standards in more precise geographic terms.

13.

Although a state may constitutionally proscribe obscenity in terms of a "statewide" standard, any such precise geographic area is not required as a matter of constitutional law.

14.

The state may constitutionally punish the conduct of a person engaged in the commercial exploitation of the morbid and shameful craving for materials with prurient effect.

15.

Expression by words also can be legally "obscene" in the sense of being unprotected by the First Amendment, and an obscene book is not protected by the First Amendment merely because it contains no pictures.

16.

Obscenity, unprotected by the First Amendment, can manifest itself in conduct, in the pictorial representation of conduct, or in the oral and written description of conduct.

17.

Commercial exposure and sale of obscene materials to anyone, including consenting adults, is not constitutionally protected and is subject to state regulation.

18.

Obscene, pornographic motion picture films do not acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults.

The city commission finds that in areas surrounding the city and St. Johns County there is an increase in the public display of obscenity and sexually explicit adult entertainment for commercial purposes that poses a real danger to the quality of life and the value of real estate property and is a detriment to the health, safety and welfare of the citizens.

The city commission finds agreement with Florida Statute 847.0125 which forbids the retail display of certain books, magazines, periodicals, or other printed matter, considered to be harmful to minors.

The city commission finds that commercial sexually oriented entertainment and display or sale of sexually oriented material tends to foster and encourage crime. These activities are dangerous to law abiding citizens living, traveling or conducting lawful business nearby.

D.

Definitions. The following words, names, or phrases when used in this Ordinance, shall have the following definitions ascribed to them respectively:

1.

"City Commission" means specifically the city commission of St. Augustine Beach, Florida.

2.

"State" means the locally governing body, i.e., "state" for the purpose of this Ordinance will mean the city commission of St. Augustine Beach, Florida, a Florida municipal corporation.

3.

"Adult Arcade" means an establishment where for any form of consideration, one (1) or more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions or illustrations which are characterized by emphases upon the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, "adult arcade" is included within the definition of "adult motion picture theater".

4.

"Adult Motion Picture Booth" means an enclosed area designed or used for the viewing by one or more persons of motion pictures, films, video cassettes, slides, illustrations, or other photographic reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to specific sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult motion picture booth" is included within the definition of an "adult [motion] picture theater".

5.

"Adult Motion Picture Theater" means an enclosed building or a portion or all of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, standing or sitting within viewing range, used to present, for any form of consideration, film material which has as its primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and includes any hotel, motel, boarding house, rooming house or other lodgings for patrons which present such motion pictures, films, video cassettes, slides or other photographic reproductions or illustrations which have as their primary or dominant theme matters depicting, illustrating, or relating to specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult motion picture theater" is included within the definition of "adult entertainment establishment".

6.

"Adult Theater" means any place indoors or out of doors where live and dead humans or animals are used in a play, drama, single person act, traveling show, exhibition or entertainment which have as their primary dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. For the purpose of this Ordinance, an "adult theater" is included within the definition of "adult entertainment establishment".

7.

"Adult Dancing Establishment" means a commercial establishment that permits, suffers or allows persons to display or expose specified anatomical areas or allows persons to display or allows persons to use or simulate use of sexually oriented paraphernalia, instruments or devices with humans or animals. For the purpose of this Ordinance, "adult dancing establishment" is included within the definition of "adult entertainment establishment".

8.

"Adult Bookstore" means a place which sells or offers for sale for any consideration, or displays for viewing by patrons or "browsers" anyone or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, drawings, films, motion pictures, video cassettes, slides, prints, or other visual representations or recordings, novelties or devices which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore includes a place with only a portion or section of its area used for display or sale to persons of materials listed in subsection a. of the above. For the purpose of the Ordinance, "adult bookstore" is included within the definition of "adult entertainment establishment".

9.

"Adult Massage Parlor" means a place where specified anatomical areas of one (1) person are touched by rubbing, stroking, kneading or tapping by another person, who is an employee, accompanied by the display or exposure of specified anatomical areas, but not including health care facilities, licensed physicians or nurses engaged in the practice of their professions, establishments registered under Chapter 480, Florida Statutes, educational athletic facilities if the massage is a normal and usual practice in such facilities, and health clubs and athletic societies if the massage is incidental to or a normal part of the health and athletic societies thereof, except where sexual intercourse takes place. For the purpose of this Ordinance, an "adult massage parlor" is included within the definition of "adult entertainment establishment".

10.

"Adult Bathhouse" means a commercial establishment where whirlpools, saunas, steam baths, pools, or similar devices are used by patrons or persons for lewd or indecent exposure, as described in Florida Statutes Chapter 800, of specified anatomical areas or any other specified sexual activities, as listed in subsection 17. of these definitions. For the purpose of this Ordinance, an "adult bathhouse" is included within the definition of "adult entertainment establishment".

11.

"Adult Entertainment Establishment" means an adult motion picture theater, an adult bookstore, an adult dancing establishment, an adult theater, adult massage parlor, or adult bathhouse.

12.

"Commercial" means operated for pecuniary gain. For the purpose of this Ordinance, operation for pecuniary gain shall not depend on actual profit or loss.

13.

"Establishment" means a physical plant or location of the commercial activities or operations being conducted, or both together, as the context of the ordinance may require.

14.

"Commercial Establishment" means any business location, place of business conducting or allowing to be conducted on its premises, any commercial activity.

15.

"Patron" means any person who is physically present on the premises of a commercial establishment and who is not an owner, employee, agent or subcontractor of said establishment or an entertainer or performer at said establishment.

16.

"Persons" means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trust, syndicates, fiduciaries, corporations, clubs, and all other groups or combinations.

17.

"Specified Sexual Activities" means:

a.

Public or private exposure, exhibition or display of human genitals in a state of sexual stimulation, arousal or tumescence;

b.

Acts of human automatism bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, frottage, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;

c.

Fondling or other erotic touching of human genitals pubic region, buttocks, anus or female breast; or

d.

Excretory functions as part of or in connection with any of the activities set forth in a. through c. above.

18.

"Specified Anatomical Areas" means:

a.

The following areas less than completely and less than opaquely covered:

(1)

Human genitals or pubic region;

(2)

Human buttocks;

(3)

Human female breasts below a point immediately above the top of the areola (the colored ring around the nipple); or

b.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

19.

"Straddle or Lap Dancing" means the placing, for any form of consideration, of the buttocks, pubic or genital area of persons, whether clothed or not, in contact with the pubic or genital area of a patron or person, whether clothed or not, or within one (1) foot of the face of a patron or person. For the purpose of this Ordinance, "straddle or lap dance" is included within the definition of "specified criminal act."

20.

"Specified Criminal Act" is soliciting for prostitution, pandering prostitution, keeping a house of ill fame, lewd and lascivious behavior, or any other act prohibited under Chapters 796 and 800, Florida Statutes, straddle or lap dancing, exposing minors to obscene materials, distributing obscene materials, displaying obscene materials, offering for sale obscene materials, transporting obscene materials, transmitting obscene materials or allowing transmission of obscene materials.

21.

"Obscene Materials" is any printed or graphic material in any medium, whether book, magazine, periodical, film, video tape or other which depicts or simulates the depiction of a specified sexual activity, specified anatomical area which meets the following standard:

a.

The average person, applying contemporary community standards would find that it, taken as a whole, appeals to the prurient interest.

b.

It depicts or describes, in a patently offensive way, sexual contact specifically defined hereunder.

c.

It, taken as a whole, lacks serious literacy, artistic, political or scientific value.

E.

Prohibitions. The following acts or activities are prohibited in St. Augustine Beach, Florida:

1.

The ownership, establishment, or operation of any adult entertainment establishment.

2.

The commercial establishment or operation of any adult entertainment establishment.

3.

The commercial establishment or operation of an adult entertainment establishment or any other place of establishment at which persons or patrons are exposed to specified sexual activities or at which specified anatomical areas are displayed, exhibited or exposed to persons or patrons.

4.

The commission, attempt to commit, conspiracy to commit or solicitation to commit any specified criminal act.

5.

The exposure, display or exhibition of any specified sexual activities or specified anatomical areas at any adult entertainment establishment.

6.

The exposure, exhibition, display, distribution, offer for sale or lease, pandering or dissemination of any obscene material.

7.

The engaging in any act or activity prohibited under the foregoing subsection E in any commercial establishment or other commercial place at which alcoholic beverages are sold, consumed, or permitted or suffered to be sold or consumed.

F.

Violations unlawful. The commission of any act or activity prohibited under the foregoing subsection E., is unlawful and a violation of this section. Any owner, employee, agent, or independent contractor of any adult entertainment establishment or any other establishment or place which prohibited acts or activities are engaged, or who at such establishment or place exposes persons or patrons to specified sexual activities or displays, exhibits or exposes to patrons specified anatomical areas shall be in violation of this section, punishable as provided herein.

G.

Penalties. Violation of any provision of this section shall be punishable as provided by general section 1-9 of the St. Augustine Beach Code providing penalties for the violation of city ordinances. The provisions of subsections E.1., 2., and 3. shall also be enforceable by the St. Augustine Beach Municipal Code Enforcement Board created pursuant to section 11.03.01 hereof. Each day of violation shall constitute a separate violation.

H.

Severability. If any section, part or phrase of this section is held invalid by any court, that part shall be deemed separate and distinct from the remainder of the Ordinance and shall not effect the validity of the remaining portion hereof.

I.

Area of enforcement. This section shall be effective within the boundaries of St. Augustine Beach, Florida.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A conditional use may be granted under the following conditions:

1.

The facility shall be located no less than five hundred (500) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as well as any land designated as a park site by the St. Augustine Beach Comprehensive Plan and Land Use Map.

2.

The facility shall be located no less than one thousand (1,000) feet, measured from the outer wall of the facility to the closest property line, of any school.

3.

No two (2) facilities shall be located closer than five hundred (500) feet from one another, measured from the closest outer wall of each facility.

4.

If the facility is placed within a freestanding building the site must contain a parking ratio of one (1) parking space per two (2) game machines, regardless of whether the building is new or existing.

5.

If the facility is located in a shopping center, or other buildings with shared parking, it shall not utilize more than ten (10) percent of the overall parking, based upon the ratio above.

6.

The number of devices within the facility shall be governed by the applicable building and fire codes.

7.

The consumption, possession, dispensation, or sale of alcohol, shall be prohibited.

8.

A management plan shall be submitted and approved.

9.

The facility shall not operate between the hours of 1:00 a.m. and 7:00 a.m.

10.

Those facilities that contain machines that provide compensation or some form of redemption, shall provide notarized authorization from the appropriate state agency that the facility complies with F.S. § 849.161.

11.

No person playing or operating a game or machine shall be entitled to receive points or coupons which may be exchanged for merchandise, goods or services.

A conditional use shall not be construed to authorize any game or machine that may be construed as a gambling device under Florida law.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

Editor's note— Ord. No. 21-04, § 3, adopted June 7, 2021, repealed § 3.08.00, which pertained to overlay districts and derived from Ord. No. 18-07, § 1(Exh. 1), adopted May 7, 2018.

A.

Applicability. This section shall be applicable to the rental of all attached dwellings, detached dwellings, dwelling units, and accessory buildings, provides for the allowing of transient lodging establishments within medium density land use districts within the City of St. Augustine Beach, but shall not apply to hotels, motels, resort condominiums, or bed and breakfast inns as defined in these Land Development Regulations, nor to manufactured housing as defined in F.S. § 320.01(2)(b). The term transient lodging establishments is defined in section 2.00.00 of these land development regulations, and which have been appropriately licensed by the State of Florida. This ordinance shall not be applicable or be taken to authorize the establishment or operation of more than a total of one hundred (100) individual transient lodging establishments within medium density residential districts within the city. In the event that there shall be less than a total of one hundred (100) individual lodging facilities within medium density residential districts, new units may be given priority by date of application for a business tax receipt with the office of city manager.

B.

Business tax receipt required. A business tax receipt shall be required for all rentals set forth in this section. Licensing procedures and requirements shall be as set forth in St. Augustine Beach Code, Chapter 12. The fee for such charged business tax receipt shall be as set forth by this ordinance. The issuance of the business tax receipt shall require owner information regarding property standards and city codes that apply to all residential and commercial structures within the city. The owner's signature shall serve as verification that owner shall comply with all requirements as mandated by this ordinance. The fee schedule is as per section 3.09.00 (I) of this Code.

C.

Transient lodging establishment requirements. Transient lodging establishments are for thirty (30) days or less and those individuals renting structures for six (6) months or less are subject to providing proof of a Florida Department of Revenue Sales Tax Number as required by F.S. Ch. 212, prior to application for a City of St. Augustine Beach Business Tax Receipt. A valid and current license under F.S. § 509.241 is required if the property is rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is the lesser or which is held out to the public as a place regularly rented to guests.

The property owner or designated representative/agent shall be held responsible for ensuring that guests abide by city codes. Guests shall be provided with a copy of applicable city ordinances prior to their stay and the same notice shall be posted within the rental property. The notice shall address noise, parking, dune protection, turtle nesting season, littering and trash requirements. Parking is restricted to the number of spaces provided on the site. Overflow parking for guests shall utilize public parking spaces not restricted by the city's land development regulations or traffic and parking ordinances. The property owner or designated representative/agent shall be held responsible for compliance with the city's trash requirements. Trash containers shall be placed and returned at the designated times. Violations will be subject to the enforcement as provided by city code.

The allowable occupancy is based on two (2) persons over fifteen (15) years of age per bedroom and an additional allowance for two (2), for one (1) sleeper sofa per floor of the residence.

Each property owner or designated representative/agent shall provide a rental report to the city by February 1 of each calendar year.

D.

Local representation for business tax receipt; applications for residential units. Business tax receipt applications for residential rental shall include a local contact or representative. Such contact or representative shall maintain a current working local telephone number and current local address, not a public or private mail box and provide notification thereof of any changes to the city within thirty (30) days for physical location and telephone number. The telephone number shall be posted at the property for emergency contact.

E.

Residential rental compliance—Notice requirements of minimum applicable standards form acknowledging notice of housing and development standards. Each owner of real property to which this ordinance is applicable shall receive notice of and shall file with an initial business tax receipt application or, for existing receipts, by October 1 of each occupational licensing year, a notice requirement of minimum applicable standards form with the city manager's office, acknowledging receipt of applicable City of St. Augustine Beach standards as located in the adopted city code or other applicable documents so adopted by the State of Florida.

F.

Inspections, noncompliance inspection fee. Complaint driven or inspector initiated inspections of properties subject to this section shall be conducted by the city each year to ensure that such properties are in compliance with provisions of adopted codes. However, this provision shall not be interpreted as authorizing the city to conduct inspections of property without the consent of the owner or the occupant or without a warrant. The city manager or designee shall assess a fee as per the city fee schedule.

G.

Penalties. Failure to obtain or maintain a business tax receipt as required by subsection B., or failure to maintain a property in compliance with the Code requirements set forth in subsection F., shall subject the violator to enforcement proceedings and penalties in accordance with City Code.

H.

Revocation or denial of business tax receipt. In addition to the enforcement proceedings and penalties provided for in subsection C., failure to comply with the provisions of this ordinance shall be considered just cause for denial of the issuance of a business tax receipt for the subject property in accordance with the procedure set forth in this section. Prior to the revocation or denial, the city manager or his/her designee shall issue a notice of revocation or denial notifying the residential licensee of the city's intent to revoke or deny. The notice shall be sent certified mail, return receipt requested, to the last known address for the residential rental licensee. Within ten (10) calendar days from the date of mailing of said notice, the license shall be automatically denied, revoked or nonrenewable, unless the residential rental licensee files with the city manager a written statement setting forth the grounds for an appeal. Upon the filing of such written statement, the city manager shall schedule and conduct a hearing before the city commission within thirty (30) days from the date the written statement was filed. The residential rental licensee shall be given notice of the hearing by certified mail, return receipt requested, and shall have the opportunity to present evidence, cross examine witnesses and be represented by counsel. The city shall have the burden of proof by a preponderance of the evidence presented at the hearing. Within ten (10) calendar days of the hearing, the city manager shall file a written decision to the residential rental licensee, containing the facts and conclusions of the legal basis for the decision. The decision shall become final within thirty (30) days of the date the city manager notifies the residential rental licensee unless the licensee files a petition for writ of certiorari in the Circuit Court for St. Johns County. The pendency of judicial review shall automatically stay the revocation until review has been exhausted unless the city obtains an order of the court lifting such stay. Any such residential rental licensee who has had a business tax receipt revoked or denied under this section or other city codes shall not be eligible to submit an initial or renewal application in the city until one (1) year has expired from the date the business tax receipt was revoked or denied by the city or, if an appeal is taken while the business continues in operation, until one (1) year from the later of the date of the last decision or order affirming the revocation or denial or the date the business ceases operations in compliance with the decision or order.

I.

Fee schedule.

Application fees and inspection fees shall be established by resolution adopted by the city commission.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18; Ord. No. 19-06, § 1, 6-10-19; Ord. No. 20-02, § 2(Exh. 1), 3-2-20)

A.

Purpose and intent; definitions.

1.

Purpose and intent. The purpose and intent of this Ordinance is to implement F.S. § 509.233, by permitting public food service establishments within the City of St. Augustine Beach, Florida, subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

2.

Definitions. For the purpose of this section, the following definitions shall hereinafter be applicable:

a.

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

b.

Dog means an animal of the subspecies Canis lupus familiaris.

c.

Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above.

d.

Patron has the meaning given to "guest" by F.S. § 509.013.

e.

Public food service establishment has the meaning given it by F.S. § 509.013.

B.

Permit required; submittals.

1.

In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this section.

2.

The one-time fee for the public food service establishment outside patrons' dog permit shall be twenty-five dollars ($25.00).

3.

Applications for a permit under this section shall be made to the St. Augustine Beach Building and Zoning Department on a form provided for such purpose by the St. Augustine Beach Building and Zoning Department and shall include along with any other such information deemed reasonably necessary by the St. Augustine Beach Building and Zoning Department in order to implement and enforce the provisions of this Section, the following:

a.

The name, location, and mailing address of the subject public food service establishment.

b.

The name, mailing location, and telephone contact information of the permit applicant.

c.

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the Zoning Official. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

d.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

e.

All application materials shall contain the appropriate division issued license number for the subject public food service establishment.

C.

General regulations; cooperation; enforcement.

1.

In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this section are subject to the following requirements:

a.

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

b.

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

c.

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

d.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

e.

Dogs shall not be allowed on chairs, tables, or other furnishings.

f.

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

g.

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area.

h.

At least one (1) sign reminding employees of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the St. Augustine Beach Comprehensive Planning and Zoning Board, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

i.

At least one (1) sign reminding patrons of the applicable rules, including those contained in this section, and those additional rules and regulations, if any, included as further conditions of the permit by the St. Augustine Beach Comprehensive Planning and Zoning Board, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half 8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

j.

At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one (1) sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty (20) point font size.

k.

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

l.

Dogs shall be licensed by the applicable jurisdiction of the owner, if required by that jurisdiction, and shall have proof of current rabies vaccination.

2.

A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this section if such owner wishes to continue to accommodate patrons' dogs.

3.

In accordance with F.S. § 509.233(6), the St. Augustine Beach Building and Zoning Department shall accept and document complaints related to this section within the City of St. Augustine Beach, Florida, and shall timely report to the division all such complaints and the city's enforcement response to such complaint. The City Manager or designee shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this section.

4.

Any public food service establishment that fails to comply with the requirements of this section shall be guilty of violating this section of the St. Augustine Beach City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the St. Augustine Beach City Code and shall be subject to revocation by the city commission of the permit issued to the public food service establishment where the violation occurred. Each day a violation exists shall constitute a distinct and separate offense.

(Ord. No. 18-07, § 1(Exh. 1), 5-7-18)

A.

Purpose and intent; definitions.

1.

Purpose and intent. The purpose and intent of this section is to implement F.S. § 509.102, by permitting mobile food dispensing vehicles within the City of St. Augustine Beach, Florida, subject to the terms and contained herein.

2.

Definitions. See article II.

B.

General regulations; cooperation; enforcement.

1.

All mobile food dispensing vehicles are subject to the following requirements:

a.

Mobile food dispensing vehicles are required to obtain and display all proof of insurance and licensing required for the operation of such business in Florida which include, but are not limited to, licensing by the Florida Department of Agriculture and Consumer Services, the Florida Department of Business and Professional Regulations (DBPR), the Florida Department of Health, and local fire marshals.

b.

Mobile food dispensing vehicles may only operate on a parcel in commercially-zoned areas where single family residences do not exist.

c.

Mobile food dispensing vehicles are limited to operating one (1) mobile food dispensing vehicle per individual parcel.

d.

Mobile food dispensing vehicles may not obstruct vehicular or pedestrian traffic, may not obstruct handicapped access/parking or obstruct vehicular parking rules, vehicular loading zones, taxi stands or franchised vehicles for hire stands.

e.

No mobile food dispensing vehicle shall be permitted to interfere with sight visibility for traffic or block public rights-of-way or sidewalks.

f.

The location of the mobile food dispensing vehicle shall not be permitted to reduce the available parking of the site below the minimum required for standard site operations.

g.

Mobile food dispensing vehicles must provide access to a restroom at each location.

h.

Mobile food dispensing vehicles and the property owner where they operate are both responsible for the proper disposal of waste and trash. No grease, waste, trash or other debris shall be deposited on or released on to public property, which includes streets, sidewalks or other public places nor into the gutter or storm drainage system.

i.

Mobile food dispensing vehicles shall only operate between the hours of 6:00 a.m. and 10:00 p.m. Mobile food dispensing vehicles may not continue to operate after sunset without adequate outdoor lighting.

j.

Mobile food dispensing vehicle shall not operate within five hundred (500) feet of an existing restaurant without written approval of said restaurant.

k.

Setup and operations are subject to inspections by the chief building official and/or the fire marshal.

l.

Overnight parking of a mobile food truck is allowed on private property subject to the other provisions of this section. Overnight parking on public property is prohibited without explicit written permission from the city.

2.

No person shall operate a mobile food dispensing vehicle unless the business is covered by a comprehensive liability insurance policy in a form and content satisfactory to the city insuring the public against injury or damage occasioned by negligence arising from or incidental to the business activity. At a minimum, the policy shall provide coverage of one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per incident. The policy shall list the city as a coinsured and shall provide that coverage shall not be cancelled or materially altered except after thirty (30) days' written notice has been received by the city. Proof that the insurance policy remains in full force and effect shall be provided upon the city manager's request given on reasonable notice at any time.

3.

Any mobile food dispensing vehicle that fails to comply with the requirements of this section shall be guilty of violating this section of the St. Augustine Beach City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the St. Augustine Beach City. Each day a violation exists shall constitute a distinct and separate offense.

C.

Specific allowances for mobile food dispensing vehicles. All portions of this section, 3.11.00, may be set aside by the city's issuance of a special event permit.

(Ord. No. 21-01, § 5, 4-5-21)