Ordinance No. 90-09-208 I
I
I
i
ORDINANCE NUMBER 9Q-U9-Z~~
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 90-01-17~, INCLUDING ALL SUBSEQUENT AMENDMENTS
THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE
III DIVISION 7 SUPPLEMENTARY REGULATIONS, SECTION 24-151,
ACCESSORY STRUCTURES (E~IIIBIT A} AND SECTION Z4-157,
ALLOWABLE HEIGHT OF FENCES AND V~ALLS (E~IIBIT B} AND
ALSO ADDING NEW SECTION 24-173, NEIGHBORHOOD
PRESERVATION AND PROPERTY MAINTENANCE 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 Cit Charter, as reaffirmed, and also under the authority of 3
y 3
3
Cha ter 163 Part II Florida Statutes, Section 163.3164, Local Government Comprehensive
> > ~
Plannin and Land Develo ment Re lation Act, establishin autharity to adopt Land
g p ~ g
Develo went Re lations and issue Develo ment Grders; 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
EREAS it is the stated ublic olic of the Ci of Atlantic Beach as set forth within
~ 3 p P y tY
the following objectives and Policies of the 2015 Comprehensive Plan, to encourage the
reservation and re-investment in older neighborhoods and to implement strategies to that end.
P
Ob'ective 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.
Paliey A.1.G.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 9009-208
Page 1 of 2 Effective Date: 09-14-2009
WHEREAS, following public hearings before the Community Development Board on
June 16, 2009 and the City Commission on September 14, 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, Fences, Walls and Similar Structures as attached within EXHIBIT B,
and new Section 24-173, Neighborhood Preservation and Property Maintenance 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 the 24th day of
August, 2009. Passed upon final reading and public h~aring the 14th day of September, 2009.
^f
Approv to form and correctness:
A C ENSEN, ESQUIRE
City orney
ATTE T:
~ ~~~~~
DONNA BARTLE, CMC
City Clerk
Ordinance Number 90-09-208
Page 2 of 2 Effective Date: 09-14-2009
~ I
Sec. 24-151. Accessory Uses and Structures.
a Authorization. Accessary Uses and Structures are permitted within any Zoning District, as set E
} E
forth within this Section, where the Accessory Uses or Structures are clearly ancillary, in
connection with, and incidental to the Principal Ilse 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
a earance, shall be repaired or removed upon order of the City, and shall become subject to
pp
m nt action for failure to com 1 . However tem ora structures, such as portable
Code Enforce e p y ~ p
tents cano ies awnin s or other non- ermanent structures shall be limited to special occasion use
P ~ g p 3
only, and for a period of not mare than ninety-six X96}hours, i.e., four ~4} days.
fib} Accessory Uses and Structures by Zoning District. Accessary Uses and Structures shall be
permitted only within Zoning Districts asset 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 Accessary 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 andlor 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 far intermittent and
temporary occupancy by anon-paying guest or family member of the occupant of the
primary residence. A Guest 13ouse or Guest Quarters shall not be rented for any period
of time and sha11 not contain a Kitchen, but may contain a Kitchenette as defined
herein. Further, a Guest Hause 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}.
iv, Detached Private Garages, carports, Guest House or Guest Quarters, not to exceed six
hundred X600} square feet of Lot Area and fifteen X15} feet in height, except in
accordance with Section 24-88 or the provisions of the fallowing paragraph. Gnly one
detached Private Garage, carport, Guest House or Guest Quarters shall be allowed on
any single residential Lot, and shall be a minimum distance of five ~5} feet from rear
and side Lot Lines. Such detached structures exceeding six hundred X600} square feet
of Lot Area shall comply with applicable setbacks as established for the Principal
Building.
v. Detached Private Garages, not to exceed six hundred X600} square feet of Lot Area may
be constructed to a height of twenty-five X25} feet provided that such Structures shall
comply with applicable Side Yard requirements and shall be a minimum distance of
ten~10} feet from the rear Lot Line.
vi. Gazebos and similar Structures, not to exceed 150 square feet and twelve X12} feet in
height 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.
V111. Home Ufflce abut not a Home Gccupation.}
Page 1 of 2 ExHIBtT A to ordinance 90-09-20$
SIT A
E~ I
ix, Private ball courts and other similar private recreational Uses.
3
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:o0am and 10:oopm,
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, Stora e and tool sheds not to exceed 15o square feet and twelve feet in height, only
g
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} feet from the rear and side Lot
Llnes.
iii. Screened enclosures and pool cages with screened roofs or similar non-structural roofs
such as awnings and the like, located a minimum of five ~5} feet from any side or rear
Lot Line. Such screened enclosures shall not be allowed in Front Yards.
x111, Personal pets, limited to those animals customarily considered as pets, and kept only on
the same premises of the occupants} 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 honing 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 specif ed 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 specif ed 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 ~4-~8, 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 X15} feet in height, except in accordance
with Section 24-88 or preceding paragraph fib} ~ t } 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
i
i
I
E
Sec. ~4~157. Fences, wails and similar Structures.
a Permit re aired. Issuance of a ermit is required for any new or replacement Fence or
q p
all new or re lacement Fences andwalls shall com 1 with the following
wall, and p p y
rovisians. Nonconfarmin fences shall not be replaced with nonconforming Fences. The
p g
term Fence and wall ma be used interchangeably within this Chapter, and shall mean as
. .y ~
spec~f cally defined within Section 24-17. Fences must be constructed out of materials that
are customarily used for Fences.
E
b Hei 'ht and location,
i. within Re aired Frant Yards, the maximum height of any Fence shall be four ~4} feet,
q
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 maybe constructed to a maximum height of f ve ~5}feet.
3
I
33I
3
I
1
1
3
3
3
ii. 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 hei ht of Fences shall be measured from the Established Grade at the Fence location to
g
the horizontal top rail of the Fence. 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
~4~} 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, 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,
landscaping or any structure proposed along the Street side of any Corner Lot shall be
verified by the designated public safety off
rcial 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 ExHIB~T B to Ordinance 90-09-208
I~~I
i, For Corner Lots located on Right-af 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 private property and shall not be located closer than
fifteen X15} feet from the edge of the Street pavement or closer than five ~5} feet to any
Sidewalk or bike path.
iii. Similarly, hedges 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 ar 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 X12} feet and a height of
eight ~S} 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 required Front Yard of a Lot and
shall be subject to the applicable required Side Yard setback.
fie} 1Vlalntenanee 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 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. An com onents are rotten broken or missin .
Y p ~ g
iv. weeds are overtaking the Fence.
'I
~'I
Page 2 of 2 EXHIBIT B to Ordinance 90-09-248
~ I'~ C
Section ~4-173. Neighborhood Preservation and Property 1Vlaintenance Standards
a Pur ose and Intent. The Cit of Atlantic Beach is com osed redominantl of older III,
p Y p p y
residential subdivisions and neighborhood scale commercial businesses serving these
neighborhoods. It is in the public interest of the City to faster 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 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.
fib} Appropriate maintenance and upkeep. All areas of a lot and Structures that are visible
from a Street or a neighboring 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 system.
~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 covered with wood,
fiber lass metal cardboard news a er or other similar materials, exce t for a 'i
g s ~ x pp p
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 any 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 neighboring
properties or an environment that attracts rodents, insects, or other animals and pests is
created.
Page 1 of 1 E~IIBIT C to Ordinance 90-a9-2U8