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STAFF REPORT ~~ ~~ ~ q~
AGENDA ITEM: Recommendation to amend Zoning Code to clarify fence
regulations on corner lots
SUBMITTED BY: George Worley II, Community Development Director . ~~~~'~
DATE: May 4,1999
BACKGROUND:
In the past several months the Community Development Boazd has heazd three requests for
Variances to permit the installation of six foot fences along the street side property line of corner lots.
Fences exceeding four feet in height have not been permitted closer than fifteen feet from the side
property line adjacent to astreetright-of--way. This has been based upon a setback established by the
definition of Lot, Corner, which sets a fifteen foot setback on the long street side of corner lots. This
definition does not specify what the fifteen foot setback applies to; however, it has been consistently
applied to buildings, accessory buildings and fences exceeding four feet in height. Fences four feet or
less in height are not regulated as to placement on a lot.
The Community Development Board held a special called meeting on Apri127,1999 to
••~ discuss an amendment to the fence regulations to clarify the language. The Boazd discussed the
various ramifications of the fifteen foot setback as it is currently applied and reached a consensus to
recommend the code be amended to clearly state that a fifteen foot setback shall apply to fences over
four feet in height on corner lots. The Boazd directed Staffto format a draft ordinance containing
their language and forward it to the City Commission for consideration.
RECOMIvv1EENDATION:
The Board voted unanimously to recommend to the City Commission that the attached draft
ordinance be adopted. If it is the decision of the City Commission to act upon this recommendation,
the ordinance will be placed on the next regular City Commission agenda for first reading. Because
this is an amendment to the Zoning Code of the City the second reading and public hearing must be
scheduled 30 days following the first reading. The proposed new language is shown In the draft
ordinance as underlined text. -
ATTACI-fiv1ENTS:
1) Proposed Draft Ordinance amending fence regulations on comer lots.
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ATLANTIG BEACH
AMENDING CHAPTER 24, ZONING AND SUBDIVISIONS,
SECTION 24-'157, FENCES, HEDGES AND WALLS TO
ADDRESS SETBACK REQUIREMENTS ON CORNER LOTS;
TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE
AN EFFECTIVE DATE:
WHEREAS, The Community Development Board of the City of Atlantic Beach
has identified a need for clarification of permitted fence height limits on corner lots, and
WHEREAS, the Community Development Board finds that this clarification is of
a nature that requires immediate action to preserve the intent of the code, and
WHEREAS, It is the duty of the Community Development Board to recommend
necessary changes to the Zoning and Subdivision regulations to the City Commission,
and
WHEREAS, It is the recommendation of the Community Development Board to
amend the Zoning and Subdivision code to clarifying said language, and
WHEREAS, The City Commission of the City of Atlantic Beach supports the
findings and recommendations of the Community Development Board,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
~C:ITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Section 24-157. Fences, hedges and walls; eaves and cornices is
hereby amended by addition of language to paragraph (a) as follows:
(a) No owner, occzrpant or other person shall erect, keep or maintain in existence any
fence, tivall or strzrctzrre behveen the front property line and the front bzrilding setback line
exceeding four (4) feet in height at any given point. In the area behveen the front bzrilding
setback line and the rear property line, no fence or tivall shall exceed six (6) feet in height at any
given point. On corner lots, no fence. hedge or wall exceeding four (4) feet in height shall be
constructed within fifteen (I51 feet of a side propertv line which abuts a public street The height
offences and walls shall be measured from grade to the top of the fence or tivall. Where a fence
or tivall is erected at the jzrnction of properties lvith varying elevations, the height of the fence or
wall is measured from the side with the lotis~est elevation.
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SECTION 2. Severability. If any section, sentence, clause, word, or phrase of
this Ordinance shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, then said holding shall in noway effect the validity of the remaining
portions of this Ordinance.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
PASSED BY THE CITY COMMISSION ON FIRST READING:
PASSED BY THE CITY COMMISSION ON SECOND READING:
Suzanne Shaughnessy, Mayor
ATTEST:
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance No.
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