Item 7A - Ordinance 90-14-223AGENDA ITEM:
SUBMITTED B Y:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGEN DA ITEM U 7A
NOVEMBE.R 10,20 14
Ordi na nce 90-14-223 to amend Section 24-84 of the City Code of
Ordin ances rel a ted to Tlu·ough Lots
Jeremy Hubsch "h i
Building and Zoning Direc tor •·t,
I
DATE: October 24, 2014
STRATEG IC PLAN LINK: None
BACKGROUND: On April 14,20 14, the City Co mmi ssion passed Ordinance 90-14-222 as
presented by t he former Building Director. Thi s ord inance specifically re lates to th rough lots
between Beach Ave nue and Ocean Boulevard. The code prior to thi s o rdinan ce had a specia l
provision wh ic h stated that o n through lots between Beach and Ocean, the front yard was to be
Ocean Bou levard and the rear yard Beach A venue. This meant that detached garages co uld be
buil t within 5' to I 0 ' of Beach Avenu e, depen din g o n their height.
The code cha nge that was impl emented in April took away the specia l provision that all owed the
rear ya rd to be on Beach A ve nu e. The co de now reads th at through Jots between Beach and
Ocean arc to be treated the sa me as thro ugh lo ts e lsew he re in the cit y. On through lots elsew here
in the city, both s treet fac ing sid es of the property are cons id ered th e fro nt ya rd . This mea ns th at
yo u cannot bui ld detached garages, poo ls, or ot her accessory s tru ctur es wi thin 20 feet of the
street on ei ther stree t ·fi:ontage.
The code secti on that previously allo wed spec ial consid eration for through lots between Beach
and Ocea n was in p lace because of the uniqueness of Beach Ave nu e. Beach Avenue is in m any
ways as much of an all eyway as it is a road. It is co nsi dered the r ea r yard for oceanfront homes,
and has hi s to ri ca ll y been the rear yard for homes on through lo ts between Beach an d Ocea n . As
s uch , it is lined with detached garages and ga rage apartm ents.
The Com munity Development Board voted 6-0 at the Octo ber 2 1st meeting to re turn Secti o n 24-
84 co de to its prior state, a ll ow in g Beach Ave nu e to be the rear ya rd for through lots between
Beach and Ocean.
BUDGET: None.
RECOMMENDATION: Approve Ordinance 90-14-223, amendm ent of Section 24-84
ATTAC I-IM ENTS: Proposed Ordinance 90-14 -233
REVIEWED BY C ITY MANAGER: __ ~_7..:.../--lt..:../.=.:~~-~J.;....:,w'=--H~:-----------
ORDINANCE NO. 90-14-233
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE III,
DIVISION 4, SECTION 24-84 OF THE CODE OF
ORDINANCES, LAND DEVELOPMENT REGULATIONS,
TO AMEND CONDITIONS OF LOTS EXTENDING
BETWEEN BEACH A VENUE AND OCEAN BOULEVARD;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM# 7 A
NOVEMBER 10, 2014
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is
necessary to amend Chapter 24, Article III, Division 4, Section 24-84 of the Atlantic Beach Code
of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 24-84 of the Code of Ordinances,
specifically the Land Development Regulations of the City of Atlantic Beach, Florida, is hereby
amended to read as follows:
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required
fi·ont yard shall be provided on each street, except for lots as set
forth below and as set forth in section 24-88
(b) Special treatment of ocean-fi·ont Lots. For lots having frontage
on the Atlantic Ocean, the front yard shall be the yard which faces
the Atlantic Ocean, and the required fi·ont yard shall be measured
from the lot line parallel to or nearest the ocean.
(c) Special treatment of lots extending between Ocean Boulevard
and Beach A venue with double frontage are required to designate
either Ocean Boulevard or Beach A venue as the front yard, with
the opposite yard designated as the rear yard. All yards shall
comply with the applicable setback requirements of this Code.
ORDINANCE NO. 90-14-233
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AGENDA ITEM# 7A
NOVEMBER 10, 2014
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any pmiion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this __ day of _____ 2014.
PASSED by the City Commission on second and final reading this __ day of
2014. -----
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
Approved as to fonn and correctness:
RICHARD KOMANDO,
City Attorney
ORDINANCE NO. 90-14-233
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