Agenda Item 7A - Ord. 90-14-223AGENDA ITEM:
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DATE:
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CITY OF ATLANTIC BEAC H
CITY COMMISSION MEETING
STAFF REPORT
A GENOA ITEM# 7 A
NOVEMBER 24,20 14
O rd inance 90-14-223 to amend Sec ti o n 24-84 of th e City Co de of
Ordinances related to Through Lo ts
Jeremy Hub sch /lJ
Buildin g an d Zo nin g Dire clot'r 11
October 24, 20 14
No ne
BACKGROUND: On Apri l 14,201 4 , th e Ci t y Commi ss ion pa ssed Ordin a nce 90-l4-222 as
presented by the fo nn er Buildin g Director. Thi s o rd inan ce specificall y relates to throu gh lots
between Beach Avenue an d Ocean Boul evard. The co de ptior to thi s ordinance had a speci al
provi sion which stated th at on tlu·ough lots between Beach and Ocean, th e fron t ya rd was to be
Ocean Boul evard and the rear ya rd Beach A venue. This meant that deta ched ga rages cou ld be
built within 5' to 1 0' ofBeach A ve nu e, dependin g on their height.
Th e code change that was implemen ted in April took away the special provi sion that allowed th e
rea r ya rd to be on Be ach A venue. The code now reads th at through lots between Beach and
Ocean arc to be treated the same as through lots e .l so where in th e ci ty. On through Jots elsewhere
in th e city, both s treet fa cing sides of the property are co ns id ered the fro nt ya rd. T hi s mean s that
you cannot build detached ga rage s, poo ls, or other accessory structures w ith in 20 feet of th e
st reet on eith er s treet frontage.
The co de secti on that pr ev ious ly a ll owed speci al co nsi derati on for through lots between Beach
and Ocean was in place because of the uniqueness of Beach A venue. Bea ch A venu e is in man y
ways as much of an alleyway as it is a road . ft is considered th e rear ya rd fo r ocean front homes,
and ha s hi stotically been th e rear yard for homes on throu gh lots betwee n Beach and Ocean. As
s uch, it is lin ed with detached ga rages an d garage apartments.
The Co mmunity Development Board voted 6-0 at the October 2 151 meeting to return Section 24-
84 co de to its pr io r state, all owin g Beach Avenue to be the rear yard for through lots between
B each and Ocean.
BUDGET: None.
RECOMMENDATION: Approve Ordinance 90-14-223 , a mendm ent of Section 24 -84
A TTACI IME NTS : Propo sed Ordi nance 90-14-233
ORDINANCE NO. 90-14-223
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 24, 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
front 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-front Lots. For lots having frontage
on the Atlantic Ocean, the front yard shall be the yard which faces
the Atlantic Ocean, and the required front 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. 90-14-223
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AGENDA ITEM# 7A
NOVEMBER 24, 2014
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion 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 pmiions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASS ED by the City Commission on first reading this 1Oth day of November 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 fmm and conectness:
RICHARD KOMANDO,
City Attorney
ORDINANCE NO. 90-14-223
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