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.
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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
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Page 2 of 2 EXHIBIT C to Ordinance 90-09-208