Item 7AAGENDA ITEM # 7A
AUGUST 24, 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 Standards as attached within EXHIBITnC.
SUBMITTED BY: Sonya Doerr, AICP ,dpQ!
Community Development Director
DATE: July 31, 2009
BACKGROUND: The attached Exhibits contain the recommended revisions as discussed at the July
13th meeting.
RECOMMENDATION: Motion to approve Ordinance 90-09-208 on first reading.
ATTAC)EIlVIENTS: Ordinance 90-09-208, with Exhibits A, B and C
REVIEWED BY CITY MANA ER: ~-°
August 24, 2009 regular meeting
AGENDA ITEM # 7A
AUGUST 24, 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
AUGUST 24, 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 24th day of
August, 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:
AGENDA ITEM # 7A
AUGUST 24, 2009
EXHIBIT A
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 unless otherwise provided for within 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 te~rfive (~95~
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
fr€tee~ten(10~) feet from the rear Lot Line.
vi. Gazebos and similar Structures, not to exceed 150 square feet and *°~ "n` ~ °* ~~
''°~^~+ ~ r ~ ~'~+ r~~~ ~r twelve (12) feet in height~ealEed-~ee~ 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
AGENDA ITEM # 7A
AUGUST 24, 2009
EXHIBIT A
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 4°„ ~ °* ~„ ~°~~'~* ~ r ° ~'°+
~sef-e~twelve feet in height_~e~-~peake~-~ee~ Only one detached storage or tool shed
shall be allowed on any single residential Lot, and such Structures shall be a minimum
distance of five (5~9) feet from the rear and side Lot Lines.
xii. Screened enclosures and pool cages with screened roofs or similar non-structural roofs
such as awnin s and the like, ~e~e e~Eeed- ~°~°°* a ~~°°~ "~` ~ °*
hem-ate-located a minimum of five (5) feet from any side or rear Lot Line. Such
de~ashe~-screened enclosures shall not be allowed in Front Yards.
~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.
~xiv. Outdoor shower enclosures and open exterior stairs within Rear or Side Yards located a
minimum of three (3) feet from side Lot lines.
(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) (I) 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
AUGUST 24, 2009
07-14-09 draft EXHIBIT B
Sec. 24-157. Fences and Walls and similar Structures.
(a) Permit required. Issuance of a permit is required for anv 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.
}.{.~}-Within Required Front Yards, the maximum height of anv 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.(b•}Within required Side or Rear Yards, the maximum height of any Fence shall be six (6)
feet, except in cases as described in following subparagraph v.
iii. (}The height of Fences shall be measured from the Established Grade at the Fence location
to the horizontal top rail of the Fence.
trio-~d~~t~r-tl~~w~~ e1c~~xt~ie~The use of dirt, sand, rocks, timbers, or similar
materials to elevate the height of a Fence on a mound or above the Established Grade is
prohibited.
iv.(~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
lotz provided that the height closest to the front of the lot does not exceed six (6) feet.
~c) Corner Lots. Fences, walls, similar structures 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 Fences, walls,
landscapin~y structure proposed along the Street side of anv Corner Lot shall be
verified by the desi ng ated public safety official prior to issuance of the permit required to
construct, place or replace any such feature. Sight Triangles as defined within Section 24-17
shall remain free of visual obstruction.
Page 1 of 2 EXHIBIT B to Ordinance 90-09-208
AGENDA ITEM # 7A
AUGUST 24, 2009
07-14-09 draft
EXHIBIT B
i. For Corner Lots located on Right-of--ways that are 50-feet 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 rivate 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 bic cue 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 hei hg t of
eight (8) feet above the deck or the Established 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 Except for oceanfront lots, where the ocean side is the designated Front
Yard, any such Structure shall not be located within the reauired Front Yard of a Lot and
shall be subject to the applicable required Side Yard setback.
(e) 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. Fences
that are in a state of neglect, damage or disrepair, shall be repaired, replaced or removed.
Unacceptable Fences are identified as those containing any of the following, characteristics
that can be easily observed from the street or by a nei h~g_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. Any components are rotten, broken or missing,
iv. Weeds are overtaking the Fence.
Page 2 of 2 EXHIBIT B to Ordinance 90-09-208
07-14-09 Draft
EXHIBIT C
AGENDA ITEM # 7A
AUGUST 24, 2009
Section 24-173. Neighborhood Preservation and Property Maintenance Standards
(a) Purpose and Intent. The Citv of Atlantic Beach is composed predominantly of older residential
subdivisions and neighborhood scale commercial businesses serving these neighborhoods It is in
the public interest of the Citv to foster diverse and stable neighborhoods and to implement
strategies in support of related Objectives and Policies as expressed within the Ci 's adopted
Comprehensive Plan. The purpose and intent of these regulations is to provide minimum standards
for the acceptable conditions of properties and Structures within the City and to assist in the
implementation of the International Property Maintenance Code which is adopted as Article VIII
within Chapter 6 of this Municipal Code of Ordinances
(b) Appropriate maintenance and upkeep All areas of a lot and Structures that are visible from a
Street or a neishboring_property shall be maintained in an acceptable manner which shall be
defined by the following characteristics.
(1) Lots are maintained free of litter trash debris discarded belongings automotive parts and old
tires, construction materials, and broken and abandoned items
(2) Dead shrubbery or landscaping is removed from lots and where a resident is unable to maintain
a lawn or landscaping, dirt or sand areas are contained in some manner so as to prevent dirt or
sand from blowing or washing on to adjacent properties the street or the City's stormwater
ss s~_
(3) Broken or missing glass in windows or doors is replaced with glass and where windows or
doors are visible from the street these are not to covered with wood fiberglass metal
cardboard, newspaper or other similar materials except for a temporary time period as needed
to make proper repairs or to protect windows from wind-borne debris during a storm
(4) Trim work, eaves, soffits, gutters, shutters, and decorative features are not broken and are
securely attached as intended.
(5) Household items of an~type that are customarily intended to be used and maintained within the
interior of a residence are not stored or discarded in any location on a lot that is visible from a
street. Similarly, within the rear or side yards of a lot such items are not stored in a manner or
amount such that an unsightly nuisance to nei hboring properties or an environment that
attracts rodents, insects or other animals and pests is created
Page I of 1 EXHIBIT C to Ordinance 90-09-208