Item 7AAGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LINK:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 7A
JANUARY 12, 2015
Ordinance 90-15-223 to amend Sectio;YJ~fthe City Code of
Ordinances related to Through Lots v~
Jeremy Hubsch
Building and Zoning Director
December 23, 20 14
None
BACKGROUND: On April14, 2014, the City Commission passed Ordinance 90-14-222 as
presented by the former Building Director. This ordinance specifically relates to through lots
between Beach A venue and Ocean Boulevard. The code prior to this ordinance had a special
provision which stated that on through lots between Beach and Ocean, the front yard was to be
Ocean Boulevard and the rear yard Beach A venue. This meant that detached garages could be
built within 5' to 1 0' of Beach A venue, depending on their height.
The code change that was implemented in April took away the special provision that allowed the
rear yard to be on Beach A venue. The code now reads that through lots between Beach and
Ocean are to be treated the same as through lots elsewhere in the city. On through lots elsewhere
in the city, both street facing sides of the prope1ty are considered the front yard. This means that
you cannot build detached garages, pools, or other accessory structures within 20 feet of the
street on either street frontage.
The code section that previously allowed special consideration for through lots between Beach
and Ocean was in place because of the uniqueness of Beach A venue. Beach A venue is in many
ways as much of an alleyway as it is a road. It is considered the rear yard for oceanfront homes,
and has historically been the rear yard for homes on through lots between Beach and Ocean. As
such, it is lined with detached garages and garage apartments.
The Community Development Board voted 6-0 at the October 21st meeting to return Section 24-
84 code to its prior state, allowing Beach A venue to be the rear yard for through lots between
Beach and Ocean.
BUDGET: None.
RECOMMENDATION: Approve Ordinance 90-15-223, amendment of Section 24-84
ATTACHMENTS: Proposed Ordinance 90-15-233
REVIEWED BY CITY MANAGER:. _---?j. _ _,_,----'1/;:_~=-==-"--=~-"-u"""'Ad~------------
ORDINANCE NO. 90-15-233
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
JANUARY 12, 2015
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 Ocean Boulevard lots with double
{i-ontage. For double frontage lots extending between Beach
A venue and Ocean Boulevard, the required front yard shall be the
yard, which faces Ocean Boulevard.
ORDINANCE NO. 90-15-233
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AGENDA ITEM #7A
JANUARY 12, 2015
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 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 12th day of January 2015.
PASS ED by the City Commission on second and final reading this 26th day of
January 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
Approved as to fmm and COITectness:
RICHARD KOMANDO,
City Attorney
ORDINANCE NO. 90-15-233
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