Ordinance No. 90-05-186ORDINANCE NUMBER 90-05-186
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, AS FIRST ADOPTED BY
ORDINANCE NUMBER 90-01-172, INCLUDING AMENDMENTS
THERETO; THIS ORDINANCE SPECIFICALLY ADOPTED TO
AMEND DIVISION 7, SUPPLEMENTARY REGULATIONS,
SECTION 24-151, ACCESSORY USES AND STRUCTURES,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations
Article III, Division 7, Supplementary Regulations, Section 24-151 of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment
shall read as follows.
Sec. 24-151. Accessory Uses and Structures.
(a) Authorization. Accessory Uses and Structures are permitted within any Zoning
District, as set forth within this Section, where the Accessory Uses or Structures are
clearly ancillary, in connection with, and incidental to the Principal Use allowed within
the particular Zoning District. Any permanently located Structure, including porches,
decks and deck railings and the like, which exceed thirty (30) inches in height, also
including those which may not require a Building Permit, are subject to applicable Yard
requirements and the provisions of this Section. Any Accessory Structure, if allowed to
deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or
removed upon order of the City, and shall become subject to Code Enforcement action
for failure to comply.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall
be permitted only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
i. Antenna Structures for television and radio, but not microwave relay or
commercial transmission Structures, television and radio antennas of the
customary size and design shall not count as Accessory Structures for the
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Ordinance Number 90-OS-186
purpose of determining the number of such Structures, provided that only one
such Structure is permitted per residence.
ii. Children's playhouse and/or juvenile play equipment, provided such shall not be
permanently located within Required Front Yards.
iii. Guest House or Guest Quarters, provided that such are used only for
intermittent and temporary occupancy by anon-paying guest or family member
of the occupant of the primary residence. A Guest House or Guest Quarters
shall not be rented for any period of time and shall not contain a Kitchen, but
may contain a Kitchenette as defined herein. Further, a Guest House or Guest
Quarters shall not be used as, or converted to a Dwelling Unit. A detached
Guest House shall not exceed the number of Buildings allowed on a Lot as set
forth within Section 24-82 (b) and shall be a minimum distance of ten (10) feet
from the Principal Building.
iv. Detached Private Garages and carports, not to exceed six hundred (600) square
feet of Lot Area and fifteen (15) feet in height, except in accordance with
Section 24-88 or the provisions of the following paragraph. Only one detached
Private Garage or carport shall be allowed on any single residential Lot, and
such Structures shall comply with applicable Side Yard requirements and shall
be a minimum distance often (10) feet from the rear Lot Line.
Detached Private Garages, not to exceed six hundred (600) square feet of Lot
Area may be constructed to a height of twenty-five (25) feet provided that such
Structures shall comply with applicable Side Yard requirements and shall be a
minimum distance of fifteen (15) feet from the rear Lot Line.
A detached Private Garage shall be a minimum distance of ten (10) feet from
the Principal Building.
v. Gazebos and similar Structures, not to exceed 150 square feet and ten (10) feet
in height for a flat roof or twelve (12) feet in height for a peaked roof; and a
minimum distance of five (5) feet from the rear and side Lot Lines.
vi. Private Swimming Pools in accordance with Section 24-164.
vii. Home Office (but not a Home Occupation).
viii. Private ball courts and other similar private recreational Uses.
ix. Skateboard, skating, bicycle or similar ramps, for use on private property only,
placed or constructed in fixed locations and made of wood, block, concrete or
similar materials, provided that these are not located within Required Front
Yards or the Street Side Yards on a Corner Lot. Due to excessive noise, which
may result from the use of such ramps, time of use shall be limited to the hours
between 9:OOam and 10:00pm. Such ramps shall be maintained in a safe and
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Ordinance Number 90-OS-186
good condition, and shall be disassembled and removed from the property if
allowed to deteriorate to an unsafe or unsightly appearance.
x. Storage and tool sheds, not to exceed 150 square feet and ten feet in height for a
flat roof or twelve feet in height for a peaked roof. Only one detached storage
or tool shed shall be allowed on any single residential Lot, and such Structures
shall comply with applicable Side Yard requirements and shall be a minimum
distance often (10) feet from the rear Lot Line.
xi. Screened enclosures and pool cages with screened roofs or similar non-
structural roofs such as awnings and the like, not to exceed 600 square feet and
fifteen (15) feet in height and located a minimum of five (5) feet from any side
or rear Lot Line. Such detached screened enclosures shall not be allowed in
Required Front Yards.
xii. Dog houses not to exceed five (5) square feet and five (5) feet in height.
xiii. Personal pets, limited to those animals customarily considered as pets, and kept
only on the same premises of the occupant(s) of the residential Principal
Building.
(2) In any Zoning District; except as to private Swimming Pools:
i. All Accessory Uses and Structures shall comply with the Use limitations
applicable to the Zoning District in which they are located.
ii. Unless otherwise specified within this Section, all Accessory Structures shall
comply with the Land Development Regulations, including the minimum Yard
Requirements applicable to the Zoning District in which they are located.
iii. Unless otherwise specified within this Section, Accessory Uses and Structures
shall not be located within Required Front Yards and shall not be closer than
five (5) feet from any Lot Line.
iv. No Accessory Structure shall be used as a residence, temporarily or
permanently, except in accordance with Section 24-88, and no Accessory
Structure shall be used for any commercial or business purposes unless
approved as a Home Occupation in accordance with the provisions of Section
24-159 of this Chapter.
v. Accessory Structures shall not be more than fifteen (15) feet in height, except in
accordance with Section 24-88 or preceding paragraph (b) (1) iv. Space within
an Accessory Structure shall not be leased or used for any Use, activity or
purpose other than those typically incidental to the Use of the Principal
Building.
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Ordinance Number 90-OS-186
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City
of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 28th
d2005 f March, 2005. Passed upon final reading~~d public hearing this 11th day of April,
n.
JOHN~~ RVE
Mayor Pre iding Officer
Annroved as to form and correctness:
EN, ESQUIRE
City A
ATT T
~a
DONNA BUSSEY
City Clerk
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Ordinance Number 90-OS-186