Item 7A - Ordinance 90-15-223AGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN LI NK:
CITY OF ATLANTIC BEACH
C ITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #7A
.JANUAR\' 26,2015
Ord ina nee 90-15-223 to a111cnd Sc~t?;J 4 of th e City Code o f
Ordinan ces re la ted to Throu g h Loy~
Jeremy Hub sch
Bui ldin g and Zo nin g Director
Dece mb er 23, 20 14
No ne
BACKGROUND: On Aprill4, 2014, th e City Co mmiss ion pa sse d Ordinance 90-14-222 as
presented by the form er Bui ldin g Director. Th is ordinance spe cifically relates to th rough lots
between Beach Avenue and Ocean Bo ul evard. The co de prior to t his ordinam:e had a spec ial
provision whi ch sta ted that on thro ugh lots between Beach and Ocean, the fro nt yard was to be
Ocea n 13ou leva rd and th e rear ya rd Beach Avenue. Thi s mea nt that de tached gara ges co uld be
bui lt within Y to I 0' of Beach Avenue, dep end in g on th eir height.
The code cha nge th at was impl emented in April too k away the spec ia l prov ision lh at a llo we d th e
rea 1· yard to be on Beach Avenue. Th e code now reads th at through lots between Beac h and
Ocean a rc to be treate d the sa me as thr ough lots e lsew here in th e city. On tlu·o ugh lots elsew here
in the city , both stree t facing sides of the prop etty are co nsid ered th e fl ·o nt ya rd. This mea ns that
yo u cannot build detached gara ges, poo ls, or other accessory s tructures within 20 fee t of th e
street on eith er stree t frontage.
The co de sec ti on that previously allowed sp ec ia l co nsid erati on for thro ugh lots between Beach
and Ocean was in pl ace beca use of the uniqu eness of Beach Avenue. Beach A ve nu e is in ma ny
ways as mu ch of' an alleyway as it is a ro ad. 1t is cons id ere d th e r ea r yard for oceanfront homes ,
a nd has hi.s tori ca lly bee n th e rea r ya rd for homes on throug h lots be tween Beach and Ocean. As
such , it is l i.ncd with detached garages and garage apartm ent s.
The Co mmunity Deve lopment Bo ard vo ted 6-0 at th e October 2 l s1 me eting to re turn Section 24-
84 code to it s prior slate, allowing Beach Avenu e to be the rear ya rd fo r throu gh lots between
Beach and Ocean.
BUDGET: None .
RECOMMENDATlON: App rove Ord in ance 90-15 -223, ame ndm ent o f Secti on 24-84
ATTACHMENTS: Pt·o posed Ordin ance 90-15-223
REVIEWED BY CITY MAN AGER: -\,._....-'l-LZ-.~-/'-/,<:./~-·2'"«<1C!-~v,.,c...?0..Joo(d!A.{~"{----------
ORDINANCE NO. 90-15-223
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 BOULEY ARD;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM# 7 A
JANUARY 26, 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
frontage. 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. 90-15-223
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AGENDA ITEM# 7A
JANUARY 26, 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 govem.
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.
PASSED 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 conectness:
RICHARD KOMANDO
City Attomey
ORDINANCE NO. 90-15-223
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