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Ordinance No. 90-99-168 v ORDINANCE NO. 90-99-168 • AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24, ZONING AND SUBDIVISIONS, SECTION 24-157, FENCES, HEDGES AND WALLS TO ADDRESS SETBACK REQUIREMENTS ON CORNER LOTS; TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE AN EFFECTIVE DATE: WHEREAS, The Community Development Board of the City of Atlantic Beach has identified a need for clarification of permitted fence height limits on corner lots, and WHEREAS, the Community Development Board finds that this clarification is of a nature that requires immediate action to preserve the intent of the code, and WHEREAS, It is the duty of the Community Development Board to recommend necessary changes to the Zoning and Subdivision regulations to the City Commission, and WHEREAS, It is the recommendation of the Community Development Board to amend the Zoning and Subdivision code to clarifying said language, and • WHEREAS, The City Commission of the City of Atlantic Beach supports the findings and recommendations of the Community Development Board, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Section 24-157. Fences, hedges and walls; eaves and cornices is hereby amended by addition of language to paragraph (a) as follows: (a) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure between the front property line and the front building setback line exceeding four (4) feet in height at any given point. In the area between the front building setback line and the rear property line, no fence or wall shall exceed six (6) feet in height at any given point. On corner lots, no fence, hedge or wall, exceeding four (4) feet in height, shall be constructed within fifteen (15) feet of a side property line which abuts a public street. The height of fences and walls shall be measured from grade to the top of the fence or wall. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall is measured from the side with the lowest elevation. • SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. • SECTION 3. This Ordinance shall become effective immediately upon adoption. PASSED BY THE CITY COMMISSION ON FIRST READING: 410i a4/, / q �! PASSED BY THE CITY COMMISSION ON SECOND READING: Qa.A.f.A-_, a�8 /ggq1 <Xzet.440 Suzanne Shaughn s , Mayo ATTEST: • Maukeen King, City le k Ap• oved as to Form and Correctness: ran C. J:n:en, Esquire City Atto -y Ordinance No. 90-99-168 Page 2 •