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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