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Item 7AAGENDA ITEM # 7A JULY 13, 2009 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading of Ordinance 90-09-208 to amend three sections within Chapter 24 of the City Code, the Land Development Regulations including revisions to Section 24-151, Accessory Uses and Structures as attached within EXHIBIT A; Section 24-157, Allowable Height of Fences and Walls as attached within EXHIBIT B, and adding new Section 24-173, Neighborhood Preservation, Residential Property Maintenance and Upkeep Standards as attached within EXHIBIT C. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: June 23, 2009 BACKGROUND: In support of Strategic Planning objectives related to revitalization of older neighborhoods, the attached revisions to the Land Development Regulations aze proposed. These aze revisions as discussed and requested at the May 26th workshop. It is important to note that the substance of these provisions is already contained within the International Property Maintenance Code, which had been adopted by the City, or other scattered locations within the current City Code. This ordinance assembles these into one location intended to be more easily accessible to the public and Code Enforcement staff. Also included along with the revisions to the fence regulations that were discussed at the workshop aze revisions as requested by the Community Development Board at their May regulaz meeting related to the allowable height of fences on Corner Lots located on the City's wider right-of--ways. The current fence regulations require that fences along the street side yard of a corner lot be set back ten feet from the property line before they can be six feet in height. This is appropriate and necessary on the City's narrower right-of- ways where the paved street takes up most of the right-of--way in order to maintain cleaz vehiculaz sight visibility. However on the wider right-of--ways, the side property line may be set back 15-20 feet from the edge of the street. Requiring an additional 10-foot setback for asix-foot fence seems to be excessive. This photo is a good example. This under- construction fence is on the property line and about 17-feet from the street edge. The current regulations would require this fence to be setback an additional 10 feet. (The CD Board approved a Variance to permit the 6-foot fence in this location.) The proposed revision applies onl~o the wider right-of-ways (and "wider" right-of- ways in the City are 60-feet and wider) and states: Fences may be constructed within the .Side Yard adjacent to the Street at a maximum height of six (6) feet provided that the fence is on the private property and shall not be located closer than ftfteen (15) feet from the edge of the Street pavement or closer than five (S) feet to any Sidewalk or bike path. Other minor revisions include needed general updates and clarifications to the fence regulations. The Community Development Board considered all of these proposed revisions at their June 16th meeting and recommended approval of the attached drafts. RECOMMENDATION: Motion to approve Ordinance 90-09-208 on first reading. ATTACHMENTS: Ordinance 90-09-208, with Exhibits A, B and C and June 16th CD Board draft minutes. REVIEWED BY CITY MANAGER: July 13, 2009 regulaz meeting AGENDA ITEM # 7A JULY 13, 2009 ORDINANCE NUMBER 90-09-208 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III, DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY STRUCTURES (EXHIBIT A) AND SECTION 24-157, ALLOWABLE HEIGHT OF FENCES AND WALLS (EXHIBIT B) AND ALSO ADDING NEW SECTION 24-173, NEIGHBORHOOD PRESERVATION, RESIDENTIAL PROPERTY MAINTENANCE AND UPKEEP STANDARDS (EXHIBIT C) AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. RECITALS WHEREAS, the City of Atlantic Beach, under the authority of Chapter 166, Part I, Florida Statutes, The Municipal Home Role Powers Act, such authority being restated within Section 4, General Powers of the City Charter, as reaffirmed, and also under the authority of Chapter 163, Part II, Florida Statutes, Section 163.3164, Local Government Comprehensive Planning and Land Development Regulation Act, establishing authority to adopt Land Development Regulations and issue Development Orders; all providing broad authority to plan for and regulate the use and development of land on the basis of the impact such development may have on the City, and WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth within the following Objectives and Policies of the 2015 Comprehensive Plan, to encourage the preservation and re-investment in older neighborhoods and to implement strategies to that end. Objective A.1.6 -Preservation of Older Neighborhoods -The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re-use of existing structures and the preservation of and re-investment in older neighborhoods. Policy A.1.6.1 -The City shall continue to implement code enforcement procedures in order to prevent physical deterioration and blight throughout the City. Policy A.1.6.2 -The City shall encourage and assist in the revitalization of older neighborhoods that provide housing for very low, low and moderate-income residents, particularly neighborhoods containing sound, but aging housing stock, where adequate public services and facilities are existing. Ordinance Number 90-09-208 Page 1 of 2 Effective Date: AGENDA ITEM # 7A JULY 13, 2009 WHEREAS, following public hearings before the Community Development Board on June 16, 2009 and the City Commission on , 2009, the City Commission hereby finds that adoption of this Ordinance supports the stated policies of the City, including applicable goals, objectives and policies as set forth within the adopted 2015 Comprehensive Plan, and these revisions to the City's Zoning, Subdivision and Land Development Regulations shall be in the best interests of the citizens of the City of Atlantic Beach and shall serve to implement such goals, objectives and policies. 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, Zoning Regulations, Division 7, Supplementary Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended and upon enactment shall read as follows. Amended Section 24-151, Accessory Uses and Structures as attached within EXHIBIT A; amended Section 24-157, Allowable Height of Fences and Walls as attached within EXHIBIT B, and new Section 24-173, Neighborhood Preservation, Residential Property Maintenance and Upkeep Standards as attached within EXHIBIT C, and with appropriate re-numbering of subsequent Sections. 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 _ day of 2009. Passed upon final reading and public hearing this _ day of , 2009. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST DONNA BARTLE, CMC City Clerk Ordinance Number 90-09-208 Page 2 of 2 Effective Date: 6-17-09 Community Development Board recommended Draft EXHIBIT A AGENDA ITEM # 7A Sec. 24-151. Accessory Uses and Structures. JULY I3, 2009 (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. However, temporary structures, such as portable tents, canopies, awnings or other non-permanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days. (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 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 often (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 of ten-five (~9~ feet from the rear Lot Line. v. 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. vi. 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. vii. Private Swimming Pools in accordance with Section 24-164. viii. Home Office (but not a Home Occupation.) Page 1 of 2 EXHIBIT A to Ordinance 90-09-208 6-17-09 Community Development Board recommended Draft EXHIBIT A AGENDA ITEM # 7A JULY 13, 2009 ix. Private ball courts and other similar private recreational Uses. x. 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 good condition, and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. xi. Storage and tool sheds, not to exceed 150 square feet and ±cn f °* ~r ti'~.i~z~ o=-~,t ~eefe~twelve feet in height_peaked~ea~ Only one detached~storage or tool shed shall be allowed on any single residential Lot, and such Structures shall be a minimum distance of ter~five (5~8) feet from the rear and side Lot Lines. xii. 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 (S) feet from any side or rear Lot Line. Such detached screened enclosures shall not be allowed in Required Front Yards. xiii. Dog houses not to exceed five (5) square feet and five (5) feet in height. xiv. 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. All Accessory Uses and Structures shall comply with the Use limitations applicable to the Zoning District in which they are located. i. 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. ii. 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. iii. 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. iv. 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. Page 2 of 2 EXHIBIT A to Ordinance 90-09-208 AGENDA ITEM # 7A JULY 13, 2009 6-17-09 Community Development Board recommended Drufi EXHIBIT B Sec. 24-157. Fences and Walls, Hedges and similar Structures. ~a) Permit required. lssuance of a permit is required for any new or replacement Fence or Wall, and all new or replacement Fences and Walls shall comply with the following ,provisions. Nonconforming fences shall not be replaced with nonconforming Fences. The term Fence and Wall may be used interchangeably within this Chapter, and shall mean as specifically defined within Section 24-17. Fences must be constructed out of materials that are customarily used for Fences. (b) Height and location. ~{-a~Within Required Front Yards, the maximum height of any Fence shall be four (4) feet.-, except that open ornamental aluminum, iron or vinyl or wood Fences, similar to the below examples, with vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a maximum height of five (5) feet. ii.(~}Within required Side or Rear Yards, the maximum height of any Fence shall be six (6) feet, except in cases as described in followin subpara~thaph v. iii. (-d}The height of Fences shall be measured from the Finished Grade at the Fence location to the horizontal top rail of the Fence. ~'~"~°~° ^ ~°r,.~ ^ ~^" ~ o o^*oa ~+ +~,o ; .,,,+:,,,, „~ tl~o~iu~~t~-thc~~elei~e~The use of dirt, sand, rocks, timbers- or similar materials to elevate the height of a Fence on a mound or above the Finished Grade is prohibited. iv.Ee}-The maximum height of retaining walls on any Lot is four (4) feet. A minimum of forty (40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. v. For non-oceanfront lots with uneven topography along a side lot line, the minimum necessary rake of the Fence, which is the ability for a Fence to adjust to a slope, shall be allowed for the purpose of maintaining a consistent horizontal line along the side of the lot provided that the height closest to the front of the lot does not exceed six (6) feet. (c) Corner Lots. Fences, walls and landscaping on Corner Lots may create obstacles to clear vehicular bicycle and pedestrian sight visibility resulting in a public safety hazard. Notwithstanding the following_provisions, clear sight visibility for a Fence or wall proposed along the Street side of any Corner Lot shall be verified by the desi n~,, ated public safety official prior to issuance of the permit required to construct or replace a Fence. Page 1 of 2 EXHIBIT B to Ordinance 90-09-208 AGENDA ITEM # 7A JULY 13, 2009 6-17-09 Community Development Board recommended Draji __ _ . _ __ EXHIBI 1 B i. For Corner Lots located on Right-of-ways that are ~0-teet or less in width, no Fence, wall or Landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any Lot Line which abuts a Street., , ii For Corner Lots located on Right-of=ways that are wider than 50-feet, Fences may be constructed within the Side Yard adjacent to the Street at a maximum height of six (6) feet provided that the fence is on the private property and shall not be located closer than fifteen (15) feet from the edge of the Street pavement or closer than five (5) feet to any Sidewalk or bike path. iii Similarl~ges and landscaping on Corner Lots shall be maintained at a height that does not interfere with clear vehicular, pedestrian or bicycle sight visibility or use of the public sidewalk or bike path. (d) Structures similar to Fences. Vertical Structures such as trellises, screens, partitions or walls that are intended primarily for the purpose of creating_privacy for a back yard or an exterior deck as opposed to a Fence which encloses or separates Land, and constructed of any type of material shall be limited to maximum length of twelve (12) feet and a height of eight (8) feet above the deck or the Finished Grade of the lot where such Structure is placed, provided that no such Structure on a rooftop deck exceeds the maximum permitted Height of Building. (e) Landscaped hedges along front property lines. Dense hedges and landscaping that have grown to fully obscure view through such shall not exceed four (4) feet in height along the front property line and shall be maintained such that these do not extend into or interfere with use of any sidewalk. (f1 Maintenance of Fences. Fences that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the quality of neighborhoods. It is not the intent of this Section to require that Fences be maintained in a perfect condition, but all Fences walls and privacy structures must be maintained in a reasonably good condition. Fences that by common observation are in a state of neglect, damage or disrepair, shall be repaired r~laced or removed. Where the condition of a Fence is in dispute, such determination shall be made by the Code Enforcement Board. Unacceptable Fences are identified as those containing any of the following characteristics that can be easily observed from the street or by a neighboring property. i Components of the Fence are broken bent visibly rusted or corroded. ii Portions of the Fence are no longer connected to support posts and rails. iii Painted stucco vinyl or other surfaces are dirty, peeling chipping or excessively faded. iv. Any wooden components are rotten, broken or missing. v. Weeds are overtaking the Fence. fit) Recommended types of Fences in front yards. The use of chain-link, stockade, wire or wire mesh Fences in frontyards is discouraged in favor of types of Fences that are now more ~pically used in residential neighborhoods such as those made of wood, aluminum, vinyl, wrought iron and materials that are more aesthetically appealing for the front yard. Page 2 of 2 EXHIBIT B to Ordinance 90-09-208 6-17-09 Community Development Board recommended Draft EXHIBIT C Section 24-173. Neighborhood Preservation, Residential Propertv Maintenance and Upkeep Standards (a) Purpose and Intent. The Citv of Atlantic Beach is composed predominantly of older residential subdivisions and neighborhood scale commercial businesses servin these neighborhoods. It is in the public interest of the City to foster diverse and stable neighborhoods and to implement strategies in support of related Objectives and Policies as expressed within the City's adopted Comprehensive Plan The purpose and intent of these regulations is to provide specific minimum standards for the acceptable conditions of properties and Structures within the City and to assist in the implementation of the International Propertv Maintenance Code which is adopted as Article VIII within Chapter 6 of this Municipal Code of Ordinances (b) Applicability. The provisions as set forth within this Section apply to• (1) All properties within the Citv containing a residential use and also (2) any commercially zoned parcels that may contain a residential use and also (3) any Propertv in non-residential use that is located adjacent to a residential use in that the Proper upkeep of non-residential properties has a direct impact on the quality of nearb neighborhoods. (c) Appropriate maintenance and upkeep All areas of a lot and structures that are visible from a Street or a nei hboring_property shall be maintained in an acceptable manner which shall be defined by the following conditions (1) Lots shall be maintained free of litter trash debris discarded belongs automotive Parts and old tires, construction materials broken and/or abandoned items and all other items that by reasonable observation do not belong on a residential lot (2) Dead shrubs or landscaping shall be removed from lots and where a resident is unable to maintain a lawn or landscaping dirt or sand areas must be contained in some manner so as to prevent dirt or sand from blowing or washing into adjacent Properties and the street to the degree that neighborin Properties are damaged or the City's stormwater system is adversely effected (3) The exterior appearance of a house and any Accessory Structures shall be maintained in an acceptable manner. While older homes are not expected to appear as new homes, and will naturally reflect the wear that comes with age the painted surfaces exterior siding, brick, stucco or other finishes and trims must be kept in an acceptably clean and well-maintained manner and shall be repainted cleaned or repaired when conditions become visibly inferior and substandard as compared to nearbyproperties Unacceptable exterior conditions are defined by the following characteristics as can be readily observed from the street or a neighboring property_ Painted surfaces are worn or faded such that bare wood siding or trim work materials or previous paint lavers are visible through remaining_paint ii. Painted surfaces have become excessively dirty or stained with rust mold dirt and rime. a `cm rz ~d W ,~ N ~ o~ ~~ a Page I of 2 EXHIBIT C to Ordinance 90-09-208 6-17-09 Community Development Board recommended Draft EXHIBIT C iii. Siding materials are broken such that sheathing or framing materials are visible iv. Glass in windows or doors is broken or missin . Broken windows or doors visible from the street shall not be covered up with wood fiberglass metal cardboard,. newspaper or other similar materials except for a temporary time period as needed to make repairs v. Trim work, eaves, soffits gutters shutters and decorative features are broken or not securely attached as intended Where the acceptable exterior condition of a house is in dispute such determination shall be made by the Code Enforcement Board ~4) Household items of any type that are customarily intended to be used and maintained within the interior of a residence shall not be stored or discarded in an location on a lot that is visible from a street. Similarly within the rear or side yards of a lot such items shall not be stored in a manner or amount such that an unsi htl nuisance to neiahborin~ properties or an environment that attracts rodents insects or other animals and pests is created ~z rd ~a W ,~ o~ ~~ a Page 2 of 2 EXHIBIT C to Ordinance 90-09-208