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Exh 7AAGENDA ITEM #7A MARCH 28, 2005 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading of Ordinance 90-05-186 to consider provisions regulating the placement and time of use of permanently placed skateboard and similar ramps on residential lots. SUBMITTED BY: Sonya Doerr, AICP,,(~~ Community Development Director • • DATE: March 18, 2005 BACKGROUND: As directed by the City Commission at the February 28th meeting, the recommended provisions regulating the placement and time of use of skateboard ramps on residential lots have been provided in the attached ordinance. (A strikethrough /underline version is also provided.} The Community Development Board considered the proposed skateboard ramp provisions, along with several other minor glitch corrections to the Accessory Structures regulations (also noted in ' the strikethrough draft} at their March 15th meeting and recommended approval of these proposed . revisions. BUDGET: No budget issues. " ~ RECOMMENDATION: Approval upon first reading, with public hearing and action on the proposed Ordinance scheduled for April 11, 2005. The Community Development Board considered these provisions at their March 15th meeting and unanimously recommended approval, " finding the proposed revisions to Section 24-151 consistent with Comprehensive Plan. ATTACHMENTS: strikethrough !underline draft, proposed Ordinance and draft minutes of the Community Development Board. REVIEWED BY CITY MANAGE March 28, 2005 regular meeting ~ _~_.__ AGENDA ITEM #7A MARCH 28, 2005 Proposed new langrcage is underlined, and langccage proposed to be deleted is sH~xc-I~t~~e-~g#. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory Uses and Structures. (a) Authorization. Accessory Uses and Structures are permitted within any Zoning District, as set forth within this Section, where the Accessory Uses or Structures are clearly ancillary, in connection with, and incidental to the Principal Use allowed within the particular Zoning District. Any permanently located Stricture, also including porches, decks and deck railings and the lil:e, which eYCeed thirty (30) ' " inches in height. including those which may not require a Building Permit, are subiect to applicable Yard requirements and the provisions of this Section. Any Accessory Structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, ' " shall be repaired or removed upon order ol~ the City, and shall become subiect to Code Enforcement action for failure to comply. ' (b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be permitted only within Zoning Districts as set 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 Accessory 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 and/or juvenile play equipment, provided such shall not be permanently located within Required Front Yards. iii. Guest House or Guest Quarters, provided that such aze used only for intermittent and temporary occupancy by anon-paying guest or family member of the " occupant of the primary residence. A Guest House or Guest Quarters shall not be rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined herein. Further, a Guest House 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) and shall be a minimum distance of ten (10) feet from the Principal Building. iv. Detached Private Garages and carports, not to exceed six hundred (600) square feet of Lot Area and fifteen (15) feet in height, except in accordance with Section 1 Strikethrough draft - rev~srons to Section 24-1 SI AGENDA ITEM #7A MARCH 28, 2005 • 24-88 or the provisions of the following paragraph. Only one detached Private Garage or carport shall be allowed on any single residential Lot, and such Structures shall comply with applicable Side Yard requirements and shall be a minimum distance often (10) feet from the rear Lot Line. Detached Private Garages, not to exceed six hundred (600) square feet of Lot Area may be constructed to a height of twenty-five (25) feet provided that such • Structures shall comply with applicable Side Yard requirements and shall be a minimum distance of fifteen (15) feet from the rear Lot Line. A detached Private Garage shall be a minimum distance of ten (10) feet from the Principal Building. ' ' v. Gazebos and similar Structures, not to exceed 150 square feet and ten (10) feet in ... height for a flat roof or twelve (12) feet in height for a peaked roof; and a minimum distance of five (5) feet from the rear and side Lot Lines. vi. Private Swimming Pools in accordance with Section 24-164. vii. Home Office (but not a Home Occupation). viii. Private ball courts and other similar private recreational Uses. - ix. Skateboard, skatine, 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 li•om the use ol'such ramps, time ol'use shall be limited the hours between 9:OOam and 10:00pm. 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 unsi~*htly appearance. x. Storage and tool sheds, not to exceed 150 square feet and ten feet in height for a flat roof or twelve feet in height for a peaked roof. Only one detached storage or tool shed shall be allowed on any single residential Lot, and such Structures shall comply with applicable Side Yard requirements and shall be a minimum distance often (10) feet from the rear Lot Line. • xi. 13etae-l~l Screened enclosures and pool caf~,es with screened roofs or similar non- • structural roofs such_as awnines and the like, not to exceed 600 square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear Lot Line. Such detached screened enclosures shall not be allowed in Required Front Yards. xii. Dog houses not to exceed five (5) square feet and five (5) feet in height. 2 Strikethrough draft - revisions to Section 24-1 Sl AGENDA ITEM #7A MARCH 28, 200 xiii. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the residential Principal Building. (2} In any Zoning District; except as to private Swimming Pools: i. All Accessory Uses and Structures shall comply with the Use limitations applicable to the Zoning District in which they are located. . ii. Unless otherwise specified 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. iii. Unless otherwise specified 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. ' iv. No Accessory Structure shall be used as a residence, temporazily or .. permanently, except in accordance with Section 24-88, and no Accessory Structure shall be used for anv commercial or business • purposes unless approved as a Home Occupation in accordance . with the provisions of Section 24-159 of this Chapter. v. Accessory Structures shall not be more than fifteen (15) feet in height, except in accordance with Section 24-88 or preceding paragraph (b) (1) iv. :4e~ iv^"` ^,•i~(?-f}'$r~t$~~12~-1~F{tle-lp&1-~}St'--~tE=~rct~ri~v'ri-a--C^vizicF ~H ~ ..,, „~,.t ,- "ccirj=r'~r~~E'°r.4'0i~-~~'Et~~, ~.f,.,(1 ~,~. ..1.,~yY~~ • °~i~e-thy:-tl~-I~c~-~e-~t~rst~e--Space within an Accessory Structure shall not be leased or used for any Uses activi or purpose other than those ~ icallY,incidental to the Use of the Principal Building. 3 Strikethrough draft - revisions to Section 24-151 AGENDA ITEM #7A MARCH 28, 2005 ORDINANCE NUMBER 90-OS-186 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, AS FIRST ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY ADOPTED TO AMEND DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. 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, Division 7, Supplementary Regulations, Section 24-151 of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read as follows. Sec. 24-151. Accessory Uses and Structures. (a) Authorization. Accessory Uses and Structures are permitted within any Zoning. District, as set forth within this Section, where the Accessory Uses or Structures are clearly ancillary, in connection with, and incidental to the Principal Use 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 and the provisions of this Section. Any Accessory Structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon order of the City, and shall become subject to Code Enforcement action for failure to comply. (b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be permitted only within Zoning Districts as set 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 Accessory Structures for the Page 1 of 4 Ordinance Number 90-OS-186 AGENDA ITEM #7A MARCH 28, 2005 purpose of determining the number of such Structures, provided that only one such Structure is permitted per residence. ii. Children's playhouse and/or 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 for intermittent and temporary occupancy by anon-paying guest or family member of the occupant of the primary residence. A Guest House or Guest Quarters shall not be rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined herein. Further, a Guest House 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) and shall be a minimum distance of ten (10) feet from the Principal Building. iv. Detached Private Garages and carports, not to exceed six hundred (600) square feet of Lot Area and fifteen (1S) feet in height, except in accordance with ' ` Section 24-88 or the provisions of the following paragraph. Only one detached Private Garage or carport shall be allowed on any single residential Lot, and such Structures shall comply with applicable Side Yard requirements and shall ' ' be a minimum distance of ten (10) feet from the rear Lot Line. Detached Private Garages, not to exceed six hundred (600) square feet of Lot Area may be constructed to a height of twenty-five (2S) feet provided that such Structures shall comply with applicable Side Yard requirements and shall be a minimum distance of fifteen (1S) feet from the rear Lot Line. A detached Private Garage shall be a minimum distance of ten (10) feet from the Principal Building. v. Gazebos and similar Structures, not to exceed 1S0 square feet and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof; and a minimum distance of five (S) feet from the rear and side Lot Lines. vi. Private Swimming Pools in accordance with Section 24-164. vii. Home Office (but not a Home Occupation}. viii. Private ball courts and other similar private recreational Uses. .. ix. 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:OOam and IO:OOpm. Such ramps shall be maintained in a safe and Page 2 of 4 Ordinance Number 90-OS-186 AGENDA ITEM #7A MARCH 28, 2005 good condition, and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. , x. Storage and tool sheds, not to exceed 150 square feet and ten feet in height for a flat roof or twelve feet in height for a peaked roof. Only one detached storage or tool shed shall be allowed on any single residential Lot, and such Structures shall comply with applicable Side Yard requirements and shall be a minimum distance of ten (10} feet from the rear Lot Line. .. xi. Screened enclosures and pool cages with screened roofs or similar non- structural roofs such as awnings and the like, not to exceed 600 square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear Lot Line. Such detached screened enclosures shall not be allowed in Required Front Yards. xii. Dog houses not to exceed five (5) square feet and five (5) feet in height. xiii. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the residential Principal Building. ' (2) In any Zoning District; except as to private Swimming Pools: i. All Accessory Uses and Structures shall comply with the Use limitations ' ' applicable to the Zoning District in which they are located. ii. Unless otherwise specified 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. iii. Unless otherwise specified. 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. iv. No Accessory Structure shall be used as a residence, temporarily or permanently, except in accordance with Section 24-88, 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. ' v. Accessory Structures shall not be more than fifteen (15) feet in height, except in accordance with Section 24-88 or preceding paragraph (b) (1) 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 3 of 4 Ordinance Number 90-OS-186 AGENDA ITEM #7A MARCH 28, 2005 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 and public hearing by the City Commission of the City of Atlantic Beach this 28th day of March, 2005. Passed upon final reading and public hearing this 11th day of April, 2005. JOHN S. MESERVE Mayor and Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST ' ' DONNA BUSSEY City Clerk Page 4 of 4 Ordinance Number 90-OS-186 AGENDA ITEM #7A MARCH 28, 2005 Draft Minutes of the March 1 S, 2005 meeting of the Comm:mity Development Board -~ E. Review and recommendations of revisions, as requested by the City Commission, related to Section 24-151, Accessory Structures related to permanently placed skateboard ramps on private property. Ms. Doerr read the skateboard language that is proposed to be added to the Accessory Structure and Uses regulations and noted that the City Commission, in response complaints " from residents, requested these provisions. Mr. Jacobson asked Ms. Doerr about the times that the skateboard ramps were allowed to be used. Ms. Doerr stated that the recommendations in the language are consistent with the noise ordinance. 1 A motion was made by Mr. Burkhart to recommend approval to the City " Commission of the proposed skateboard ramp provisions, including the minor "glitch" corrections, and to find the proposed revisions consistent with the 2015 Comprehensive Plan. Motion seconded by Mr. MacInnes, and unanimously carried. 6. Other business not requiring action. None. 7. Adjournment. There being no further business, the meeting adjourned at 8:34 p.m. Signed Attest 6