Exh 7A.. ~~
ORDINANCE NO. 90-99-168 5 V ~~~
AN ORDINANCE OF THE CITY OF ATLANTIC 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
CITY 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 otivner, occupant or other person shall erect, keep or maintain in existence any
fence, wall or structure bettiveen the front property line and the front building setback line
exceeding four (4) feet in height at any given point. In the area bettiveen the front building
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 (15) feet of a side properv line which abuts a public street. The height
offences and walls shall be measured from grade to the top of the fence or tivall. l;Vhere a fence
or tivall is erected at the junction of properties with varying elevations, the height of the fence or
wall is measured from the side with the lotivest 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 no way 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:
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Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance No.
Page 2
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