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Ordinance No. 90-86-102 v ORDINANCE NO. 90-86-102 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE II, SECTION 24-17 TO PROVIDE A DEFIN- ITION FOR SECONDARY DWELLINGS AND TO REDEFINE LOT, DOUBLE FRONTAGE; AMENDING ARTICLE III ZONING REG- ULATIONS, DIVISION 4, SECTION 24-84, SUBPARAGRAPH (b) TO REDEFINE DOUBLE FRONTAGE LOTS; AMENDING ARTICLE III, DIVISION 4, TO PROVIDE A NEW SECTION 24-86, PROVIDING LIMITED USES FOR SECONDARY DWELL- INGS; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: Section 1. Chapter 24, Article II, Section 24-17 is amended to redefine lot, double frontage, and to provide a definition for secondary dwellings, which said amendments shall read as follows: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE II. LANGUAGE AND DEFINITIONS Section 24-17. Definitions Lot, Double Frontage, shall mean a double frontage or through lot that has frontage on two (2) non intercepting streets. The-appleable €rent-setbaeks-requ cements-shall-appIy-te-beth- fentages-eegardless-ef whleh-Ilse-the-landewner-eleets-as-the-freest-Ilne;-unless-the-let-has-a peYmenent-selld- aee-snb4iv.is}en-pefmeter-buffef-wall-preeIuding-aeeess aleag-eae-4I}-€fentage- On through lots between Beach Avenue and the Atlantic Ocean, the applicable front setback requirement shall apply to the yard which faces the Atlantic Ocean. The applicable front setback requirement on through lots between Beach Avenue and Ocean Boulevard shall be the yard which faces Ocean Boulevard. Secondary Dwellings shall mean a subordinate building the use of which is restricted to lots which extend from street to street having a width of fifty (50) feet or more, and which is to be erected in the rear of a principal dwelling. Section 2. Chapter 24, Article III, Division 4, Section 24-84, subparagraph (b) is hereby amended to redefine double frontage lots, and Section 24-86 is created to provided limited uses for secondary dwellings, and said amendments shall read as follows: CHAPTER 24 ZONING AND SUBDIVISION REGULATIONS ARTICLE III. ZONING REGULATIONS DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Section 24-84. Yards; Obstructions; double frontage lots. (b) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except the required front yard on through lots between Beach Avenue and the Atlantic Ocean shall be the yard which faces the Atlantic Ocean, and the front yard on double frontage lots between beach Avenue and Ocean Boulevard shall be the yard which faces Ocean Boulevard. Section 24-86. Secondary Dwellings (1) In any zoning district, when a lot has a width of fifty (50) feet or more and extends from street to street, a secondary single dwelling which may be combined with a private garage with a capacity of not more than two motor vehicles, may be erected in the rear of a principal dwelling; provided that the secondary dwelling shall not be more than twenty-five (25) feet high, that there shall not be less than twenty (20) feet between the principal and secondary dwellings, the side yard regulations which apply to the principal dwelling shall also apply to the sides of the secondary dwelling, a driveway or open space not less than ten (10) feet wide shall be maintained to give access thereto from the street and no part of a secondary dwelling shall be nearer than five (5) feet to the rear lot line of any lot. (2) Any existing secondary dwelling or accessory building that is encroaching on the street right of way shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroachment is removed from the street right of way. Section 3. This Ordinance shall take effect as provided by law. * * * * * * * * * * * * * Passed by the City Commission on First reading April 28, 1986. Passed by the City Commission p-r7Second . nal ea 'ng July 14, 1986. tlI is S. H-owell Mayor, PresidingOfficer y � Ap• o ed as to Form and Correctness: `/ C aude L. Mullis, it torney (ATTES ), Adelaide R. Tucker, City Clerk