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AB Code Supplement 11SUPPLEMENT NO. 11 August 1991 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 80-90-44, enacted April 22, 1991. See the Code Comparative Table for further information. Remove old pages Insert new pages xi, xii xi, xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 173-174.2 173-174.2 177-180 177-180.1 839, 840 839, 840 943, 944 943-944.1 947 947 1167, 1168 1167, 1168 1181, 1182 1181, 1182 1277, 1278 1277-1278.1 1301 1301-1308 1428.1-1432 1429-1432.1 1995, 1996 1995, 1996 2053-2055 2053-2055 2123, 2124 2123, 2124 2145, 2146 2145-2146.1 2156.1-2158 2157-2158.1 Insert this instruction sheet in front of volume. File removed pages for ref- erence. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE (National) 1 -800 -342 -CODE (Florida) TABLE OF CONTENTS—Cont'd. Chapter Page 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 791 14. Planning/Zoning/Appeals 839 Art. I. In General 839 Art. II. Community Development Board 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost property 891 16. Refuse and Garbage 943 17. Signs and Advertising Structures 995 Art. I. In General 995 Art. II. Permit 1003 18. Solicitors 1055 Art. I. In General 1055 Art. II. Permit 1056 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. L In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Occupational License Tax 1160 Art. IV. Insurance Premium Taxes 1182 21. Traffic and Motor Vehicles 1221 Art. I. In General 1221 Art. II. Stopping, Standing and Parking 1222 Div. 1. Generally 1222 Div. 2. Enforcement 1225 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1287 Div. 4. Building Sewers and Connections 1288 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1294.1 Div. 8. Sewer System Extensions 1299 Art. W. Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 Supp. No. 11 ATLANTIC BEACH CODE Chapter Page 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1357 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. H. Language and•Definitions 1404 Art. III. Zoning Regulations 1420 Div. ,1. Generally 1420 Div. 2. Administration 1420 Div. 3. Application Procedures 1424 Div. 4. General Provisions and Exceptions 1430 Div, 5. Establishment of Districts 1433 Div. 6. Planned Unit Development (PUD) . , .. , 1446.1 Div. 7. Supplementary Regulations 1452 Art. IV. Subdivision Regulations 1464 Div. 1, Generally 1464 Div. 2. Application Procedure 1466 Div. 3. Required Improvements 1473 Div. 4. Assurance for Completion and Maintenance of Improvements 1474 Div. 5. Design and Construction Standards 1477 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2103 Supp. No. 11 xii Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for - page substitution basis, it has become evident that through usage and supple- mentation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "00" indicate the pages have not been re- printed in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 157, 158 9 iii 9 159, 160 8 v, vi OC 161, 162 8 vii, viii 1 163, 164 10 ix, x 9 165, 166 4 xi, xii 11 166.1 5 1, 2 5, Add. 167, 168 1 3, 4 5, Add. 169, 170 1 4.1 5, Add. 171, 172 9 5, 6 OC 172.1, 172.2 9 7, 8 OC 173, 174 11 9, 10 OC 174.1, 174.2 11 11, 12 OC 175, 176 6 13, 14 5 177, 178 11 14.1 5 179, 180 11 15, 16 OC 180.1 11 17, 18 5 181, 182 8 19 5 183, 184 8 23, 24 OC 184.1, 184.2 8 25, 26 OC 185, 186 2 27, 28 OC 186.1, 186.2 8 79 5, Add. 187, 188 OC 91 5 189, 190 5 103, 104 OC 190.1 5 105, 106 OC 191, 192 OC 107, 108 OC 193, 194 OC Supp. No. 11 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 195, 196 6 995, 996 8 245, 246 OC 997 8 247, 248 3 999, 1000 OC 299, 300 6 1001, 1002 OC 301, 302 6 1003, 1004 OC 303, 304 6 1005 OC 353, 354 7 1055, 1056 10 355 7 1057 10 405, 406 9 1107 OC 407, 408 OC 1157, 1158 OC 409, 410 5 1159, 1160 2 410.1, 410.2 5 1161, 1162 10 410.3, 410.4 5 1163, 1164 10 410, 5, 410.6 5 1165, 1166 10 410.7, 410.8 5 1167, 1168 11 411, 412 6 1169, 1170 10 413, 414 OC 1171, 1172 10 415, 416 OC 1173, 1174 10 417, 418 9 1175, 1176 10 469, 470 8 1177, 1178 10 521, 522 6 1179, 1180 10 523, 524 6 1181, 1182 11 525, 526 6 1183 10 527, 528 6 1221, 1222 OC 529, 530 6 1223, 1224 10 531, ,532 6 1224.1, 1224.2 10 533, 534 6 1225, 1226 5 535 6 1227 5 577, 578 OC 1277, 1278 11 579, 580 OC 1278.1 11 581 OC 1279, 1280 5 631, 632 OC 1280.1 5 683, 684 OC 1281, 1282 OC 685 OC 1283, 1284 3 735, 736 10 1284.1 3 737 10 1285, 1286 OC 787, 788 8 1287, 1288 OC 789, 790 8 1289, 1290 OC 791, 792 9 1291, 1292 OC 793 9 1293, 1294 OC 839, 840 11 1294.1, 1294.2 6 841, 842 5 1295, 1296 9 843 5 1297 9 891, 892 OC 1298.1, 1298.2 3 943, 944 11 1299, 1300 OC 944.1 11 1301, 1302 11 945, 946 8 1303, 1304 11 947 11 1305, 1306 11 Supp. No. 11 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1307, 1308 11 1475, 1476 3 1351, 1352 10 1477, 1478 OC 1353, 1354 10 1479, 1480 OC 1355, 1356 10 1481, 1482 OC 1357, 1358 10 1483 OC 1403, 1404 5 1983, 1984 OC 1405, 1406 3 1985 OC 1407, 1408 OC 1987, 1988 OC 1409, 1410 5 1989, 1990 OC 1411, 1412 OC 1991, 1992 2 1413, 1414 5 1993, 1994 6 1415, 1416 5 1995, 1996 11 1417, 1418 10 2043 OC 1419, 1420 10 2053, 2054 11 1421, 1422 5 2055 11 1423, 1424 5 2081, 2082 6 1425, 1426 5 2083, 2084 5 1427, 1428 5 2085, 2086 OC 1429, 1430 11 2087, 2088 5 1431, 1432 11 2089, 2090 5 1432.1 11 2091, 2092 5 1433, 1434 6 2093, 2094 5 1435, 1436 5 2095, 2096 5 1437, 1438 6 2097, 2098 5 1438.1 6 2099, 2100 5 1439, 1440 5 2103, 2104 5 1441, 1442 7 2105, 2106 5 1443, 1444 7 2107, 2108 9 1444.1 7 2109, 2110 9 1445, 1446 5 2110.1 9 1446.1, 1446.2 5 2111, 2112 5 1447, 1448 OC 2113, 2114 10 1449, 1450 5 2115, 2116 10 1451, 1452 OC 2116.1 10 1453, 1454 4 2117, 2118 1 1455, 1456 8 2119, 2120 3 1457, 1458 9 2121, 2122 8 1458.1 9 2123, 2124 11 1459, 1460 6 2125, 2126 9 1461, 1462 6 2127, 2128 10 1462.1 6 2128.1 10 1463, 1464 OC 2129, 213U 8 1465, 1466 7 2131, 2132 9 1466.1 7 2132.1 9 1467, 1468 OC 2133, 2134 6 1469, 1470 OC 2135, 2136 7 1471, 1472 OC 2137, 2138 6 1473, 1474 OC 2139, 2140 10 Supp. No. 11 [3] ATLANTIC BEACH CODE Page No. Supp. No. 2140.1 9 2141, 2142 OC 2143, 2144 5 2145, 2146 11 2146.1 11 2147, 2148 8 2148.1 8 2149, 2150 .00 2151, 2152 10 2152.1 10 2153, 2154 OC 2155, 2156 10 2157, 2158 11 2158.1 11 2159, 2160 6 2160.1 6 2161, 2162 3 2162.1 3 2163, 2164 6 2165, 2166 5 2166.1 5 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 11 [4] ADMINISTRATION § 2-260 by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employ- ment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. Supp. No. 11 173 § 2-261 ATLANTIC BEACH CODE DIVISION 3. RETIREMENT SYSTEM Sec. 2-261. Created, purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the retirement system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Sec. 2-262. Definitions. The following words and phrases as used in this division shall have the following mean- ings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean of equal pension reserve (present value). Beneficiary shall mean any person who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. City employee shall mean any person in the employ of the city. Compensation shall mean the salary or wages paid a member for personal service ren- dered the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cosi; of living payments, saiafy 01 wages while abseun, horn work on account of vacation, holiday, or illness, and full-time police officer's salary will also include incentive pay as defined in Chapter 943.22 Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth of the aggregate amount of compen- sation paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paidis greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) consecu- tive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Firefighter shall mean a city employee employed in the fire department who is a certified fire fighter in accordance with the provisions Section 633.35, Florida Statutes, and who holds Supp. No. 11 114 ADMINISTRATION § 2-263 the rank of firefighter or higher, including probationary firefighter. The term firefighter shall not include any civilian city employee employed in the fire department, any person employed as a firefighter for an emergency, or any person privately employed as a firefighter. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed by the police department who is certified or required to be certified as a law enforcement officer in compliance with Section 943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including proba- tionary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annual- ly, as the board of trustees shall from time to time adopt. Retirant shall mean any person who is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement systems or system shall mean the city retirement system created and estab- lished by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determi- nation of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 2-263. Benefit groups. (a) The following benefit groups are hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount: (1) Benefit group general shall consist of all members not included in one of the benefit groups which follow; Supp. No. 11 174.1 § 2-263 ATLANTIC BEACH CODE (2) Benefit group fire shall consist of all members who are also firefighters; (3) Benefit group police shall consist of all members who are also police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in each benefit group. (Ord. No. 58-75-4, § 3, 12-22-75) Supp. No. 11 174.2 ADMINISTRATION § 2-271 (5) Actuary: The board shall appoint an actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (6) Medical director: The board may appoint as medical director a physician who is not a member, retirant or beneficiary. The medical director shall arrange for and pass upon all medical examiners required in the administration of the retirement system, and shall investigate all statements and certificates of a medical nature which are presented in connection with the operation of the retirement system. The medical director shall report his conclusions and recommendations in writing. (7) Services: The board is authorized and empowered to employ such professional, tech- nical or other advisors as are required for the proper administration of the retirement system. The services, other than actuarial and medical, shall be obtained and the compensation for the services shall be fixed in accordance with city operating procedures. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. Elected officials of the City of Atlantic Beach may elect to become members of the city retirement system as provided herein or, at their option, may participate in a program of deferred compensation as authorized by the city commission. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum (this does not include elected officials who, by their application, have become members of the system); (2) Any city employee who is compensated on a fee basis; (3) Any person participating in another program of deferred compensation as approved by the city commission. (c) Any member who ceases to be a city employee shall thereupon cease to be a member, except as provided in section 2-278. (d) The board of trustees shall decide all questions concerning the membership status of any person. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86) Supp. No. 11 177 § 2-272 ATLANTIC BEACH CODE Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of Chapters 175 and 185, Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91) Sec. 2-273. Loss of credited service. A y airement sysc.em member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. (Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-274. Reinstatement of credited service. A member's last forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture. (Ord. No. 58-75-4, § 14, 12-22-75) Sec. 2-275. Military service credit. (a) A member of the retirement system who 1Pavoa nr loft Pity omni.,. cnt cnt y armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commission shall have required periods of' active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city within one (1) year from and after the date of termination of such active duty; (2) In no case shall more than six (6) years of service be credited on ac' -:runt all military service. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section. (Ord. No. 58-75-4, § 15, 12-22-75) Sec. 2-276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the fol- lowing requirements: Supp. No. 11 178 ADMINISTRATION § 2-276 (1) The member files written application for retirement with the board of trustees setting forth the date, not less than thirty (30) days nor more than ninety (90) days subse- quent to the execution and filing thereof, retirement is to be effective; (2) The member terminates all his/her then current city employment prior to the date retirement is to be effective; (3) The member has met one of the age and service requirements for retirement specified in subsection (b) applicable to the member's benefit group. Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281. (b) The age and service requirements for voluntary retirement are as follows: (1) Benefit group fire. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (2) Benefit group police. The member has attained age fifty-five (55) years or older and has twenty (20) or more years of credited service in force; or, the member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force; (3) Benefit group general. The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reem- ployed by the city and receive retirement benefits from his previous employment and compensation from his reemployment, except that a person may not receive both compensation from reemployment with the city and previously earned retirement benefits under this retirement system for a twelve-month period immediately fol- lowing that person's date of retirement. (2) Any person who has retired as a member of this retirement system and is subse- quently reemployed by the city shall not become a member of the retirement system by reason of his/her reemployment and shall not be eligible for retirement benefits from his/her reemployment. (3) Any person to whom the limitation in paragraph (a) applies who violates such reem- ployment limitation and who is reemployed by the city before completion of the twelve-month limitation period shall: a. Give timely notice of this fact to the city in writing; b. Have the retirement benefits suspended for the remainder of the twelve-month period; c. Repay all retirement benefits received prior to the giving of this written notice to the city. Until repayment of these retirement benefits is made, the payment of Supp. No. 11 179 § 2-276 ATLANTIC BEACH CODE any benefits under the plan after the twelve-month limitation period has expired, is indefinitely suspended. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91) Sec. 2-277. Compulsory separation from employment; extensions; retirement. (a) A member of the retirement system, except an elected official of the city, shall be separated from city employment the first day of the calendar month next following attain- ment of the applicable age specified in subsection (b), unless an extension in employment is granted pursuant to subsection (c). (b) The age attainment for compulsory separation from city employment is as follows: (1) Benefit group fire: Age sixty-five (65) years; (2) Benefit group police: Age sixty-five (65) years; (3) Benefit group general: Age sixty-five (65) years. (c) A member may be continued in city employment beyond attainment of the applicable age specified in subsection (b), but not beyond seventy (70) years, subject to the following conditions: (1) The member makes written request to the board of trustees for a specified period of continued employment; (2) The request is approved by the city manager, except if the member's position is one obtained by city commission appointment; in this case, approval of the city commis- sion is required; (3) The request is approved by the board of trustees. td) A member who has five (5) or more years of credited service in force shall be retired and paid a pension computed according to the applicable subsections of section 2-281 upon separation from city employment as provided in this section. (Ord. No. 58-75-4, § 17, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment for a reason other than retirement or death, and who has and maintains in force the applicable period of credited service specified in subsection (b) shall remain a member for the sole and exclusive purpose of being entitled to retire upon attaining age sixty (60) years. Upon retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-282 as the subsections were in force at the time the member left city employment. (b) The credited service requirement for separation from city employment with entitle- ment to deferred retirement is: Supp. No. 11 180 ADMINISTRATION § 2-279 (1) Benefit group fire: Five (5) years; (2) Benefit group police: Five (5) years; (3) Benefit group general: Five (5) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service the city under the plan if, prior to his normal retirement date, he becomes totally and perma- nently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The provisions for disability other than line -of -duty disability shall not apply to a member who has reached early or normal retirement age. (b) A member will be considered totally disabled if, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a city employee, and a member of the retirement system will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). Supp. No. 11 180.1 Chapter 14 PLANNING/ZONING/APPEALS* Art. I. In General, §§ 14-1-1445 Art. IL Community Development. Board, §§ 1446-14-28 ARTICLE I. IN GENERAL Sec. 14-1. Comprehensive plan. (a) The Comprehensive Plan for the City of Atlantic Beach, entitled "Comprehensive Plan City of Atlantic Beach, Florida," dated March 1, 1990, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted for the area of juris- diction of the City of Atlantic Beach pursuant to the Chapter 163, Part II, of the Laws of the State of Florida. (b) Not less than one (1) copy of the comprehensive plan, and any subsequent amend- ments thereto, shall be maintained for public inspection in the office of the city clerk, and not less than one (1) additional copy each and any subsequent amendments thereto, shall be maintained for public inspection in the office of the city manager and the office of the community development director. (Ord. No. 47-86-3, § 2, 1-26-87; Ord. No. 95-90-48, § 1, 12-13-90) Cross reference—Stormwater management, § 22-301 et seq. Secs. 14-2-14-15. Reserved. ARTICLE II. COMMUNITY DEVELOPMENT BOARDt Sec. 14-16. Created. There is hereby created a community development board. (Ord. No. 47-86-3, § 2, 1-26-87) *Editor's note—Ord. No. 47-86-3, § 1, adopted January 26, 1987, repealed former Ch. 14, §§ 14-1, 14-16-14-22, in its entirety. The aforesaid sections were concerned with planning, and derived from the Code of 1970; Ord. No. 95-81-23, §§ 1, 2, adopted June 26, 1981; Ord. No. 95-85-27, § 1, adopted December 9, 1985; and Ord. No. 95-86-31, § 1, adopted December 8, 1986. Section 2 of Ord. No. 47-86-3 enacted new provisions as set out herein. Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; flood hazard districts, Ch. 8; mobile homes and recreational vehicles, Ch. 10; signs and advertising structures, Ch. 17; streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22; zoning and subdivision regulations, Ch. 24. State law references—State comprehensive planning, F.S. § 23.011 et seq.; Local Gov- ernment Comprehensive Planning Act, F.S. § 163.3161 et seq. tCross references—Administration, Ch. 2; boards and commissions generally, § 2-131 et seq. Supp. No. 11 839 § 14-17 ATLANTIC BEACH CODE Sec. 14-17. Composition; qualifications of members; officers. The community development board shall consist of seven (7) members appointed by the city commission, none of whom shall hold any other public office or position in the city, all of whom shall be bonafide residents of the city, and where practical, each shall possess some special skill or knowledge which would assist them in the discharge of their responsibilities under this article. The community development board shall elect its chairman and vice chairman from among the appointed members. The community development director shall act as secretary to the board under the direction of the city manager. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-18. Terms of office of members; filling of vacancies. Initial appointments to the community development board shall be as follows: Two (2) menthe's for one year, two (2) members for two (2) years, two (2) members for three (3) years, and one member for four (4) years. Following the initial appointments, the term of the appointed members of the community development board shall be for four (4) years; except, that the first members appointed shall serve staggered terms as provided. All terms shall expire on December 31 of the proper year. Any vacancy during the unexpired term of an appointed member shall be filled by the city commission for the remainder of the term. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-19. Removal of members. Any member of the community development board may be removed for cause by the city commission upon written charges and after public hearing. (Ord. No. 47-86-3, § 2, 1-26-87) Scc F .A 2. --Y_• CYYYcA YJi'iY WRC The community development board shall have the power, duty, responsibility and author- ity to: (1) Make recommendations to the city commission for the physical, fiscal and esthetic development of the city; (2) Exercise supervisory control over planning and land use within the city, following the standards established by the city commission pertaining to such planning or land use regulation as contained in the Ordinance Code of the City of Atlantic Beach, Florida; (3) Recommend to the city commission proposed changes in the land use regulation map of the city; (4) Recommend to the city commission proposed changes in the land use e ;ulat ions of the code; (5) Submit to the city commission their recommendations covering all applications for changes in the provisions of the land use regulations of the city referred to them by the city commission; Supp. No. 11 840 Chapter 16 REFUSE AND GARBAGE* Sec. 16-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the mean- ings respectively ascribed to them by this section: Commercial A unit shall mean any business establishment. Within this classification are, by way of example, stores, shops, grocery stores, food stores, amusement houses, drug and sundry stores, dry goods and hard goods stores, package stores, filling stations, shopping centers and restaurants. Commercial B unit shall mean any businesses, professions or occupations not required to have a commercial dumpster. Garbage shall mean every refuse accumulated from cooking, cleaning and housekeeping. Garbage can shall mean a can of the type commonly sold as a garbage can, in good condition and covered with a tight -fitting lid. Garden trash shall mean all the refuse accumulated from the care of lawns, shrubbery or vines and tree limbs. Residence A unit shall mean a residence occupied by and the place of abode of a single family where one (1) kitchen only is provided and maintained. Residence B unit shall mean duplex residences under a single roof, or apartments consist- ing of two (2) or more units under a single roof, or a primary and secondary dwelling on the same lot. Residence C unit shall mean a group of apartments or living quarters where it is not feasible to have garbage picked up from each individual residence and where central pick-up of garbage and trash is required by a dumpster. White goods shall mean appliances such as refrigerators, freezers, stoves, ovens, air con- ditioners, compressor units, microwave ovens, and the like. (Code 1970, § 18-1; Ord. No. 55-85-21, § 1, 12-9-85; Ord. No. 55-90-23, § 1, 10-23-90) Cross reference—Definitions and rules of construction generally, § 1-2. Sec. 16-2. Garbage cans and trash containers. (a) Required. All residents or occupants of residences, apartments or places of business within the city shall provide garbage cans of sufficient capacity to hold two (2) days' accumu- lation of garbage. *Cross references—Littering on the beaches, § 5-4; occupational license tax for garbage and trash collectors, § 20-59; utilities, Ch. 22; accumulation of weeds, § 23-36 et seq. Supp. No. 11 943 § 16-2 ATLANTIC BEACH CODE (b) Storage. Garbage cans set out for garbage collection shall not be placed closer than twenty (20) feet to the street from which garbage service is rendered, nor farther back than the building line. Garbage can blinds, which are in architectural harmony with the building, or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public property. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the city sanitation department for placement of containers for garbage service shall apply to the building official, who shall thereupon determine the location at which garbage cans shall be placed. Garbage cans not in underground containers or blinds shall not be left in a front yard overnight. Garbage cans located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. All garbage and trash cans shall be subject to inspection and approval or condemnation by the inspectors of the sanitation department of the city, and no appeal from the condemnation shall be possible except to the city commission. (d) Emptying contents. All garbage cans and trash containers shall be emptied at least once each day, except Sunday, and the contents thereof shall be disposed of at least once each day, except Sunday, in residential districts and as designated by the city manager in the business districts. (e) Dumpsters required. All Commercial A type units shall be required to have a commer- cial dumpster for disposal of garbage and trash. It shall be the duty of the director of public services to determine the size dumpster required. Appeals of his decisions may be made to the city manager. (Code 1970, § 18-2(a)—(d); Ord No. 55-85-21, § 2, 12-9-85) Sec. 16-3. Leaves and grass clippings; tree trunks. Leaves and grass clippings shall be placed for collection at the curb in either a receptacle meeting the standard for garbage collection or a disposable plastic or waterproof paper bag securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste building materials shall not exceed five (5) feet in length nor shall any single item exceed a weight of more than fifty (50) pounds. (Code 1970, § 18-2(e)) Sec. 16-4. Burial of garbage. No garbage shall be buried upon the premises of the person by whom the garbage is accumulated. No garbage shall be buried elsewhere in the city except upon written permit of the city manager. (Code 1970, § 18-3) Sec. 16-5. Depositing on vacant Lots, streets, parks, etc., prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, bottles, cans or containers upon any vacant or unoccupied premises of the city, or upon any street, alley or park. Supp. No. 11 944 REFUSE AND GARBAGE § 16-5 (b) It shall be unlawful for any person to deposit garden trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or Supp. No. 11 944.1 REFUSE AND GARBAGE § 16-11 Sec. 16-10. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on the premises. It shall be the duty of the proper representatives of the city to inspect and supervise the premises and remove all refuse and garbage found on the premises, provided the required fees as required by this chapter have been paid by the resident or occupant, or to notify the proper persons if the removal is not the duty of the city (Code 1970, § 18-9) Sec. 16-11. White goods: Procedure for removal and fees for removal from residential premises. All residents, occupants and owners of residential premises in the city who have not arranged for private disposal of white goods as elsewhere authorized in this article shall have said white goods removed and disposed of by the sanitation division of the city according to the following procedure: (1) For each separate white good, a permit shall be purchased at city hall and attached or affixed to the white good. a. A permit shall be attached or affixed prior to placing any white good at curbside for removal by the city. b. It shall be unlawful to place any white good at curbside unless a permit is attached or affixed thereto; it shall also be unlawful to place any white good upon v . any vacant or unoccupied premises in the city, or upon any street, alley or park. Violation of this section shall be subject to a fine in the amount of two hundred fifty dollars ($250.00). (2) For each white good permit, a fee in the amount of fifteen dollars ($15.00) shall be paid to the city. (Ord. No. 55-90-23, § 2, 10-22-90) Supp. No. 11 947 [The next page is 995] TAXATION § 20-59 044 BANKS, state or national 250.00 046 BAR, LOUNGE, or TAVERN selling alcoholic beverages intended for consumption on the premises, with sale of food items or nonalcoholic beverages 45.00 048A BARBERSHOP (includes one operator) 45.00 048B Each additional chair 9.00 050A BEAUTY SHOP (includes one operator) 45.00 050B Each additional operator 9.00 050C Manicurist, each 9.00 050D Cosmetologist, each 9.00 050E Tanning facilities 20.00 (Requires licensing by Dept. of Professional Regulation.) 050F Beauty supply shop 45.00 BICYCLES: 052A Rentals only 18.50 052B Repair shop and rentals 28.00 052C Sales and service 45.00 054A BILLIARDS (3 tables) 37.50 054B Each additional table 37.50 056 BOAT SALES, new or used, with or without service 45.00 058 BOOKKEEPING or TAX SERVICE 28.00 060 BOOK STORES or STATIONERS 45.00 BROKERS: 062A Mortgage/moneylenders 300.00 062B Stocks and bonds 45.00 064 BUILDING AND LOAN ASSOCIATION 45.00 066 BUILDING SUPPLIES 18.50 068 BUTCHER or MEAT DEALER, selling fresh meats at retail and paying no other license 45.00 070 CABINET or CARPENTER SHOPS, sales and installations 18.50 Supp. No. 11 1167 § 20-59 ATLANTIC BEACH CODE 072 CANDY or POP CORN SHOPS 45.00 CARPET CLEANERS, see Cleaning or Janitorial Service. 074 CATERING 45.00 076 CEMENT or ARTIFICIAL STONE, manufacture or installation45.00 078 CEMETERY 187.50 080 CERAMICS, SCHOOLS or SALES 45.00 CHILD CARE: See Day Nursery. 082 CLEANING, JANITORIAL or MAID SERVICE, this classification includes carpet cleaning, window -washing and pressure -washing services 45.00 084 CLOTHING STORE, men, women or children 45.00 CLUBS: 086B Private club 93.00 086C Country club 93.00 COIN-OPERATED VENDING MACHINES, AMUSEMENT MA- CHINES or ARCADE: (Definition: Pinball, marble, electronic, music, etc. are classified as amusement machines.) 088A Arcade 250.00 088B Amusement, each machine 28.00 088C Vending: each machine 9.00 090 COMPUTER HARDWARE or SOFTWARE, sales and service 45.00 091 COMPUTER/WORD PROCESSING SERVICE 45.00 CONSIGNMENT or THRIFT SHOP, see Secondhand Merchandise 092 CONSULTANT, not otherwise classified 45.00 CONTRACTORS: 094A General: 1— 10 employees 9.00 094B 11— 20 16.00 094C 21— 30 25.00 Supp. No. 11 1168 TAXATION § 20-59 TRAILER PARK or TOURIST CAMP: 342A 1-10 trailer spaces 45.00 342B 11-20 trailer spaces 65.00 342C 21 or more trailer spaces 93.50 344 TRAVEL AGENCY TREE SERVICE or TREE SURGEON: See Contractor 346 TROPHY or AWARDS sales with or without engraving service ... 45.00 TRUCKS: See Automobiles or Other Vehicles. 348 TYPEWRITER or OTHER OFFICE MACHINE repairman not in- cluded in other licensed business 25.00 TYPEWRITERS: See Office Equipment. UNDERTAKER: See Funeral Home. 350 UPHOLSTERER 45.00 352 VACUUM CLEANER sales, service or repair 45.00 VARIETY STORE: See Department Store. VAULTS: See Security Systems. 50.00 354 VENDING MACHINE dispensing merchandise of any kind not in- cluding machines classified as .Amusement Devices or Coin - Operated Devices 9.00 356 VETERINARIAN or VETERINARY SURGEON, each (Requires licensing by Dept. of Professional Regulation.) 37.50 VIDEO GAME CENTER: See Coin -Operated Machines. 358 VIDEO TAPE RENTALS AND CLUBS 45.00 VITAMINS: See Health Food Store or Drugstore. 360 WALL COVERING or WINDOW TREATMENT, sales or installa- tion 45.00 Supp. No. 11 1181 § 20-59 ATLANTIC BEACH CODE WAREHOUSE or STORAGE FACILITY LEASING: See Storage. WATCH or CLOCK SHOP: See Jewelry, Watch or Clock. 362 WATER COMPANIES, BOTTLED or BULK, sale or delivery 45.00 364 WATER SOFTENING AND CONDITIONING equipment sales, ser- vice or supplies 45.00 WELDING: See Machine Shop. WELL DRILLING: See Contractor. WINDOW WASHING: See Cleaning Service. YARD MAINTENANCE: See Lawn Service. (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91) Secs. 2 —20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES See. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums from policyholders on all premiums collected on casu- alty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of two (2) percent of the gross amount of receipts of Supp. No. 11 1182 Chapter 22 UTILITIES* Art. I. In General, §§ 22-1-22-15 Art. II. Waterworks System, §§ 22-16-22-55 Art. III. Wastewater System, §§ 22.56-22-300 Div. 1. Generally, §§ 22-56-22-70 Div. 2. Use of Public Sewers Required, §§ 22-71-22-85 Div. 3. Private Wastewater Disposal, §§ 22-86-22-100 Div. 4. Building Sewers and Connections, §§ 22-101-22-125 Div. 5. Use of Public Sewers, §§ 22-126-22-150 Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165 Div. 7. Sewer Use User Rates and Charges, §§ 22-166-22-190 Div. 8. Sewer System Extensions, §§ 22-191-22-300 Art. IV. Stormwater Management, §§ 22-301-22-337 Div. 1. Generally, §§ 22-301-22-330 Div. 2. Rates and Charges, §§ 22-331-22-337 ARTICLE I. IN GENERAL Secs. 22-1-22-15. Reserved. ARTICLE II. WATERWORKS SYSTEMt Sec. 22-16. Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight (48) hours before the service is desired and paying all charges incident to the application. The applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by *Cross references—Administration, Ch. 2; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; planning/zoning/appeals, Ch. 14; refuse and garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets, sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation for utility structures, § 24-170. State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of systems of water supply, sewerage, refuse and sewage treatment by the department of health and rehabilitative services, F.S. § 381.261. tCross reference—Plumbing code, § 6-56 et seq. Supp. No. 11 1277 § 22-16 ATLANTIC BEACH CODE firms, partnerships, associations and corporations shall be tendered only by their duly author- ized agents, and the official title of the agent shall be shown on the application. (Code 1970, § 27-1) Sec. 22-17. Tapping of mains, etc., restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Code 1970, § 27-2) Sec. 22-18. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) For the purposes of this subsection and subsection (d) of this section, fixture units are established as the measurement of water demand for each water fixture installed and con- nected to the city water system. Fixture units are assigned by the city plumbing code. The water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the city water system after enactment of this subsection and subsection (d) of this section. (d) The director of finance is directed to receive the connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. The securities shall be entitled Ciiy of Atlantic Beach, Water Fund." The water fund shall be used solely for capital improvements to the water plant and supply system. (Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88) Sec. 22-19. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in providing the service. Upon termination of this service, any balance of the deposit shall be refunded to the consumer. (Code 1970, § 27-4) Sec. 22-20. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5) Supp. No. 11 127$4 UTILITIES § 22-21 Sec. 22-21. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5) Supp. No. 11 1278.1 UTILITIES § 22-301 property owner shall be accepted by the city as finally approved until there is delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable law, the form and conditions of the affidavit to be approved by the city attorney. (3) Every building sewer shall terminate at the owner's property line and shall be installed and connected to the building plumbing by the property owner at his expense. (4) Actual interconnection of the extension with the existing city sewerage system shall be prevented by omitting a connecting section or by placing a temporary bulkhead in the connecting lines until the extension project has been fully inspected and approved and all other conditions for extension of service have been met. (5) All portions of a sewerage system extension project located in a public right-of-way, city -owned property, or a public easement, shall upon installation, become the prop- erty of the city, and the filing of an application for approval of construction of a project by a property owner shall be deemed to be consent to the transfer of owner- ship. The property owner shall execute and deliver to the city deeds or other evi- dences of ownership that the city may require. No installation on construction by a property owner made pursuant to this chapter shall be accepted by the city as finally approved until there is delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable law. The forward conditions of the affidavit must be approved by the city attorney. (Ord. No. 80-83-23, § I(Art. IX, § 5), 6-27-83) Secs. 22-196-22-300. Reserved. ARTICLE IV. STORMWATER MANAGEMENT* DIVISION 1. GENERALLY Sec. 22-301. Short title. This article shall be known and may be cited as the "Stormwater Management Utility Ordinance of the City of Atlantic Beach." (Ord. No. 80-90-43, § 1.1, 4-8-91) *Editor's note—Ord. No. 80-90-43, §§ 1.0-5.0, adopted April 8, 1991, and Ord. No. 80-90-44, §§ 1.0-5.0, adopted April 22, 1991, amended the Code by adding Art. IV to Ch. 22. The section designations have been supplied by the editor. The aforesaid ordinances became effective upon adoption. Supp. No. 11 1301 § 22-302 ATLANTIC BEACH CODE Sec. 22.302. Findings of fact. It is hereby found, determined, and declared as follows: (1) The City of Atlantic Beach maintains system management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, re- tention and detention basins, infiltration facilities, and other components as well as natural waterways. (2) Those elements of the Atlantic Beach storm and surface water management system that provide for the collection, storage, treatment and conveyance of stormwater are of benefit and provide services to all developed property within Atlantic Beach. (3) The cost of operating and maintaining the stormwater management system and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship Lo the benefits enjoyed and services received therefrom. (4) The stormwater management system has received inadequate maintenance, and thus rehabilitation and replacement may be required. (5) Water quality is degrading because of erosion and the discharge of nutrients, metals, oil, grease, and other substances into and through the stormwater system. (6) The public health, safety, and welfare is adversely affected by poor water quality and flooding resulting from inadequate stormwater management practices. (7) Real property either uses or benefits from the presence and operation of the storm - water management system. (8) Use of' the stormwater management system is dependent on factors that influence runoff including laid use and Lapel view, cirt'i. (9) Florida local governments have authority to establish a stormwater utility pursuant to the home rule powers provided in the Florida Constitution and Chapter 166 and Section 403.0893 of the Florida Statutes. (10) The Florida Legislature, through the adoption of Section 403.0893 of the Florida Statutes, specifically authorized and encourages local governments to provide storm - water management services as a utility function for which service charges may be levied. (11) New and dedicated funding for the stormwater management program of Atlantic Beach is needed, and the levy of a stormwater utility fee is the most equitable method of providing this funding. (12) The federal Clean Water Act (33 USC 1251 et seq.) and implementing regulations to be adopted by the federal Environmental Protection Agency (EPA) will require per- mitting of certain municipal separate stormwater systems to ensure that minimum water quality standards are met. Supp. No. 11 1302 UTILITIES § 22-303 (13) The cost of meeting federal EPA permitting standards is unknown at this time but could be substantial. (14) The establishment of a stormwater management utility now will mitigate the impact of costs associated with the adoption of municipal separate stormwater systems per- mitting standards by the federal EPA. (15) Adoption of a stormwater management utility program will generate revenues needed to implement the level of service (LOS) standards contained in the Atlantic Beach comprehensive plan drainage element and the capital improvement element adopted in conformance with the requirements of Chapter 163 Florida Statutes. (Ord. No. 80-90-43, § 1.2, 4-8-91) Sec. 22.303. Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application. Unless specifically intended otherwise, words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. City shall mean the City of Atlantic Beach including staff and elected officials. Drainage area shall mean the watershed area contributing surface water runoff to the Atlantic Beach stormwater management system. Impervious area means any part of any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved, graveled or compacted, or covered with structures. All lawns, landscape areas, and gardens or farming areas are excluded. Manager shall mean the Atlantic Beach city manager or designee. Stormwater means that part of the precipitation that travels over natural, altered, or improved surfaces to the nearest stream channel or impoundment; and that which appears in surface waters. Stormwater management master plan shall mean a plan for receiving, handling, and transporting storm and surface waters within the city stormwater management system. Stormwater management system shall include all natural and man-made elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the city. The stormwater management systems includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/reten- tion basins, ponds, and other stormwater conveyance and treatment facilities whether public or private. (Ord. No. 80-90-43, § 1.3, 4-8-91) Supp: No. 11 1303 § 22-304 ATLANTIC BEACH CODE Sec. 22-304. Relationship to comprehensive plan. This article implements the following goal and objective of the city's comprehensive plan: (1) Goal: Adequate stormwater drainage will be provided to afford protection from flooding and to prevent degradation of quality of receiving waters. (2) Objective: The city shall identify drainage facility deficiencies and correct them through provision of an efficient drainage system which will protect life, property and the natural environment at a cost consistent with the public welfare. (Ord. No. 80-90-43, § 1.4, 4-8-91) Cross reference—Comprehensive plan, § 14-1. Sec. 22-305. Utility established. There is hereby created and established a stormwater management utility (SMU), which shall be the operational means of implementing and otherwise carrying out the functional requirements of the stormwater management system. The SMU shall be responsible for the city stormwater management system and shall have equal status with the other utility ser- vices provided by the city. (Ord. No. 80-90-43, § 2.0, 4-8-91) Sec. 22-306. Directors. Directors of the stormwater management utility shall be members of the city commission. (Ord. No. 80-90-43, § 2.1, 4-8-91) Sec. 22-307. Duties and powers. The stormwater management utility shall have all powers necessary for the exercise of its foi the drainage from all properties within the city including but not limited to the following: (1) Preparation of plans for improvements and betterments to the stormwater manage- ment system. (2) Construction of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stormwater management system, in- cluding provisions for enforcement of said regulations. (4) Performance of routine maintenance and minor improvement to the stormwater man- agement system. (5) Establishment of individual utility fees for the connection and use of the stormwater management system. (6) Evaluation of water quality concerns for discharges to the stormwater management system. (7) Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system including, but not limited Supp. No. 11 1304 UTILITIES § 22-331 to, hiring of staff, the selection of special consultants, the entering into contracts for services the purchase of lands and construction of facilities, and the handling of purchase, lease, sale or other rights to property for the stormwater management system. (8) Issuance of revenue bonds for the purpose of performing those duties as described herein. (Ord. No. 80-90-43, § 2.2, 4-8-91) Sec. 22-308. Customer base. The owners of all real property within the jurisdictional boundaries of the city contrib- uting stormwater runoff to and/or benefitting from the stormwater management system shall pay utility fees as established by separate ordinance. Base fees shall apply to all properties within the city, including those properties classified as non-profit or tax-exempt for ad valorem tax purposes. It shall apply to all government properties, including properties of the city. (Ord. No. 80-90-43, § 3.0, 4-8-91) Sec. 22-309. Enterprise fund. A stormwater management utility trust fund, into which all revenues from user fees, connection charges, grants, or other funding sources shall be deposited and from which all expenditures related to the SMU shall be paid, is hereby established. Accounting and re- porting procedures shall be consistent with state law and reported annually to the city com- mission by the city manager or designee. Expenditures from the fund for activities that are not related to the city's stormwater management utility shall not be permitted, except for a pro -rated charge for general city government services as is in effect for all other city utility operations. (Ord. No. 80-90-43, § 4.0, 4-8-91) Sec. 22-310. Billing and collection. The method for billing and collecting stormwater utility fees shall be the existing city utility billing system. (Ord. No. 80-90-43, § 5.0, 4-8-91) Secs. 22.311-22.330. Reserved. DIVISION 2. RATES AND CHARGES Sec. 22-331. Short title. This division shall be known and may be cited as the "Stormwater Management Utility (SMU) Fee Ordinance of the City of Atlantic Beach." (Ord. No. 80-90-44, § 1.1, 4-22-91) Supp. No. 11 1305 § 22-332 ATLANTIC BEACH CODE Sec. 22-332. Findings of fact. It is hereby found, determined, and declared as follows: (1) The City of Atlantic Beach has established a SMU by separate ordinance. (2) A utility rate structure has been prepared that establishes an operating program budget of planned expenditures. (3) Adequate revenue for the planned expenditures shall be provided by application of the utility fees as established by this division. (Ord. No. 80-90-44, § 1.2, 4-22-91) Sec. 22-333. Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this division its most effective applica- tion. Unless specifically intended otherwise, words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary compliance; the word "may" is permissive. Equivalent residential unit (ERU) shall mean the basic unit, derived from data for At- lantic Beach used to compute individual SMU fees. Impervious area shall mean any part of any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved, graveled, or compacted, or covered with struc- tures. All lawns, landscape areas, and gardens or farming areas are excluded. Manager shall mean the Atlantic BPP rh pity manager or desig, ec. Multifamily property shall include all residential development not classified as single- family residential. Non-residential property shall include all property zoned or used for commercial, indus- trial, retail, government, or other non-residential purposes and shall include all developed real property in Atlantic Beach not classified as single or multifamily residential property as defined in this division. Single-family property shall include all single-family detached residential dwelling struc- tures. All other residential development shall be classified as multifamily. (Ord. No. 8-90-44, § 1.3, 4-22-91) Sec. 22-334. Utility fee categories. (a) Single-family property. Each single-family property shall be considered one ERU for billing purposes. Data for Atlantic Beach indicates that each ERU has a median impervious area of approximately one thousand seven hundred ninety (1,790) square feet. Monthly utility fees for each ERU shall be established in section 22-335 of this chapter. Supp. No. 11 1306 UTILITIES § 22-336 (b) Multifamily property. Each residential unit of multifamily property shall be consid- ered as 0.6 ERU for billing purposes. Monthly utility fees for each ERU shall be established in section 22-335 of this chapter. (c) Non-residential Property. The monthly utility fee for all non-residential properties shall be calculated in accordance with the following formula: Impervious Area (Sq. Ft.)/1,790 = Number of ERUs Monthly Fee = (Number of ERUs) x (Rate per ERU) A minimum value of one (1.0) ERU shall be assigned to each non-residential property. The impervious area of each non-residential property shall be determined by the city manager or designee. The value of one thousand seven hundred ninety (1,790) square feet of impervious area per ERU is a median value obtained from data for Atlantic Beach. Monthly utility fees for each ERU shall be established in section 22-335 of this chapter. (Ord. No. 80-90-44, §§ 2.1-2.3, 4-22-91) Sec. 22-335. Fees. (a) ERU rate. The fee per ERU billing unit shall be three dollars ($3.00) per month. (b) Capital improvement. At such time as a stormwater management master plan is com- pleted and capital improvement projects are identified, project expenditures will be approved by the directors each budget year. (c) Undeveloped property. Initial SMU fees shall not be levied against undeveloped prop- erty that has not been altered from the natural state, as evidenced by a complete lack of impervious surface as defined in this division. Farmland, gardens, and landscaped areas also shall be exempt except for roads, parking, or structures associated therewith. Results of a stormwater management master plan for Atlantic Beach when completed, can be used to adjust the exemption for undeveloped property, when specific benefits to undeveloped property are possible to quantify. (d) Credit factors. Property owners who have provided stormwater management facilities in excess of the requirements of the Atlantic Beach land development code, and that are consistent with the stormwater management master plan, when completed, may request a reduction in the SMU fee. Determination of the credit to be allowed shall be made by the city manager or designee. The credit shall apply only to the portion of the fee above that required to cover common fixed costs of the SMU program. (Ord. No. 8-90-44, §§ 3.1-3.4, 4-22-91) Sec. 22-336. Enforcement and penalties. Pursuant to state law, the City of Atlantic Beach shall have a lien for delinquent or unpaid stormwater management service charges. Enforcement and foreclosure of said lien(s) shall be as provided by law. Interest on the unpaid balance shall be the highest rate as authorized by state law. (Ord. No. 80-90-44, § 4.0, 4-22-91) Supp. No. 11 1307 § 22-337 ATLANTIC BEACH CODE Sec. 22-337. Appeal process. Any customer or property owner who feels that the SMU fee for their property has been assigned or computed incorrectly may petition in writing to the city manager or designee for a review of said charges. If not satisfied with the determination of the city manager or designee, the petitioner may ask for a hearing before the city board of adjustment whose decision shall be final. (Ord. No. 80-90-44, § 5.0, 4-22-91) Supp. No. 11 1308 [The next page is 1351] ZONING AND SUBDIVISION REGULATIONS § 24-66 (3) Does not have streets constructed to grade height. (b) Building permits may be issued for a structure or use on a lot, plot, tract, parcel or subdivision: (1) Which abuts on a private street within a planned unit development (PUD), provided that the private street meets all the requirements and specifications for paved public streets and has been inspected by the city and approved by the city commission; (2) Has electrical service, approved sanitary sewer and potable water systems installed; and (3) Has streets constructed to grade height. (c) No building or structure shall be constructed, altered, repaired, enlarged or moved until a building, plumbing, electrical and/or a heating, air conditioning, ventilation (H.A.C.V.) permit shall have been obtained from the city and the appropriate fee paid. (d) Prior to the issuance of a building permit, the city shall ensure that such construction shall comply with this article, or any other applicable law, and shall require a certified survey of the property. (e) The acceptance of a building, plumbing or electrical or heating, air conditioning, ventilation permit by any person shall be deemed consent to the inspection of the property by any agent of the city at any time in order to ascertain compliance with this chapter. (0 Each application for a building permit shall be accompanied by a plot plan in dupli- cate, drawn to scale, showing the actual dimensions of the lot to be built upon; the size, shape and location of the building to be erected; and such other information as may be necessary to provide the enforcement of this chapter. (g) A record of the applications and plats shall be kept in the office of the administrative official. (h) Where application is made to enlarge an existing nonconforming use, the application shall be accompanied by an affidavit giving the description of the premises owned on July 26, 1982. (Ord. No. 90-82-74, § 2(III, C, 3), 7-26-82) Sec. 24-66. Construction within the districts. (a) Temporary construction trailers or structures. (1) Any person may obtain a permit from the administrative official for the construction and/or use of a temporary trailer or structure to be used as a construction shed and toolhouse for contractors and construction workers on the site. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction, and shall be immediately removed Supp. No. 11 1429 § 24-66 ATLANTIC BEACH CODE upon completion of the construction project or the expiration of a period of six (6) months, whichever comes sooner, from the date of issuance of the building permit. (2) It shall be a violation of this section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written permis- sion from the city. (3) Construction trailers and structures shall not be used for the purpose of living quarters, and the trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words construction office in full view. (b) All structures. All structures shall be constructed, altered, repaired, enlarged, moved or demolished in accordance with building and related codes adopted by the city. This section shall be administered by the administrative official. (Ord. No. 90-82-74, § 2(III, C, 3), 7-26-82) Secs. 24-67-24-80. Reserved. DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-81. Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the zoning map, the following rules shall apply: (1) Unless otherwise indicated, the district boundaries are indicated as approximately following property lines; land lot lines; center lines of streets, highways or alleys; shorelines of streams, reservoirs or other bodies of water; or civil boundaries; and they shall be construed to follow such lines. (2) Where district boundaries are approximately parallel to the center lines of streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines extended, the district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the use of the scale shown on the zoning map. (3) Where a district boundary line, as appearing on the zoning map, divides a lot which is in single ownership at the time of enactment, the use classification of the large portion may be extended to the remainder of the property by the administrative official without recourse to the amendment procedure. (4) Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which itis reverted shall apply to the vacated or abandoned road, street or alley. Supp. No. 11 1430 ZONING AND SUBDIVISION REGULATIONS § 24-82 (5) In case the exact location of a boundary cannot be determined by the foregoing methods, the board of adjustment shall, upon application, determine the location of the boundary. (Ord. No. 90-82-74, § 2(I11, E, 1), 7-26-82) Sec. 24-82. General restrictions upon land, buildings and structures. (a) Use. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this article, as allowed in the district in which such land, building, structure or premises are located. (b) Height. No structures or building shall be erected, or shall any existing building be moved, reconditioned or structurally altered so as to exceed the height limit specified in this article for the district in which such building or structure is located. However, on substandard lots of record, the height of any such structures or buildings shall be restricted to a percentage of the area of the substandard lot compared to the minimum requirements of the zoning district and applying the same to the maximum building height allowed in said zoning district. By way of example, if in a five thousand (5,000) square foot minimum lot area zoning district a building or structure is proposed on a substandard lot of two thousand five hundred (2,500) square feet, the percentage of fifty (50) percent would be applied to the thirty -five-foot height restrictions, resulting in a net allowable building height of seventeen and one-half (17.5) feet. The same restrictions and percentage calculation shall also apply to mobile homes, secondary dwellings, and accessory buildings, provided they are to be located on a substandard lot of record. (c) Percentage of lot occupancy. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this article for the district in which such building or structure is located. (d) Density of population. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this article for the district in which such building, structure or premises are located. (e) Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this article shall be considered as providing a yard or open space for any other building or structure. (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one (1) building on one (1) lot, except as provided in this article. (g) Duplicates or externally similar dwellings. Construction of nearby single-family and duplex dwellings which are duplicates or externally similar shall be avoided. Such similarity Supp. No. 11 1431 § 24-82 ATLANTIC BEACH CODE considers the external configuration and appearance (ie., roof, outer wall materials, window size and design, and other like characteristics) of structures. In accord with the foregoing, similar or duplicate homes shall not be constructed within close proximity of each other, and shall be at least five hundred (500) feet apart if any one similar dwelling is visible from any other similar dwelling. (h) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle in any district shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted. (i) Minimum lot coverage: (1) One (1) story:—One thousand (1,000) square feet enclosed heated living area. (2) Two (2) siory:—Six hundred fifty (b50) square feet enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet enclosed heated area. (3) Two-family residence (duplex):—Each living unit shall have nine hun ) square feet of enclosed living area. (4) Apartment type: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet net area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet net area. c. Two (2) bedrooms with each individual room area permanently partitioned from the living orenu Raver hi,r14.-t--1(7f)e) fcct net d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet net area. e. Four (4) bedrooms with each individual 1. # oom area permanently partitioned from other living areas, nine hundred ninety (990) square feet net area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet per additional room. (Ord. No. 90-82-74, § 2(111, E, 2), 7-26-82; Ord. No. 90-90-153, § 1, 8-28-90) Sec. • : • . Substandard lots of record. ' I Where a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record on July 26, 1982, the lot or parcel of land may be used for one single-family dwelling in any residential district, provided the minimum yard requirements for that residential district are maintained, and provided that the owner of said lot has obtained relief through action of the community development board and the city commission. (Ord. No. 90-82-74, § 2(111, E, 3), 7-26-82; Ord. No. 90-90-15, § 2, 6-25-90) Supp. No. 11 1432 ZONING AND SUBDIVISION REGULATIONS § 24-85 Sec. 24-84. Yards; obstructions; double frontage lots. (a) Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornises, buttresses, ornamental features, chimneys, flues and eaves. No such projection shall project more than forty (40) percent of the width of the required yard over which they project. (b) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except the required front yard on through lots between Beach Avenue and the Atlantic Ocean shall be the yard which faces the Atlantic Ocean, and the front yard on double frontage lots between beach Avenue and Ocean Boulevard shall be the yard which faces Ocean Boulevard. (Ord. No. 90-82-74, § 2(III, E, 4), 7-26-82; Ord. No. 90-86-102, § 2, 7-14-86; Ord. No. 90-86-105, § 2, 7-14-86) Sec. 24-85. Nonconforming uses or buildings. (a) Continuation of nonconforming uses or buildings. Where on July 26, 1982, lawful uses of land exist which would not be permitted by the regulations imposed by this article, the uses may be continued so long as they remain otherwise lawful, provided; (1) No such nonconforming uses shall be enlarged, increased, nor extended to occupy a greater area of land than was occupied on July 26, 1982, or upon amendment of' this article. (2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on July 26, 1982, or upon amendment of this article. (3) If any such nonconforming uses of land are discontinued or abandoned voluntarily for that use for a period of at least six (6) months, any subsequent use of the land shall conform to the regulations specified by this article for the district in which the land is located. If fifty (50) percent of the structure for the nonconforming use is destroyed, the structure shall not be reconstructed for any nonconforming use. a. Unsafe buildings or structures. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. Permits are required; b. Alterations. A nonconforming building may be maintained, and repairs and alterations shall be made, except that no structural alterations shall be made except those required by law, including eminent domain proceedings. Rer&irs, such as plumbing or changing of partitions or other alterations, are per.- . ted. Permits are required. Supp. No. 11 1432.1 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 90-87-118 3-23-87 1 24-63(3) 90-87-119 4-27-87 1 24-161(i) 80-87-34 6-22-87 1 22-166(b) 80-87-35 9-28-87 1 22-169 5-87-19 9-28-87 1 2-368 90-87-124 10.12-87 1 24-164(2Xa) 58-87-8 10-26-87 1 2-281 2 2-298 58-87-10 11-23-87 1 2-273 2-276(1)) 2-277(d) 2-278(b 2-279(b 2-283 2-284(a) 90-87-127 1-11-88 1 24-188(c) 90-88-128 1-25-88 1 24-86 80-88-38 3-14-88 1 22-167 80-88-39 3-14-88 1 22-18(c) 95-88-34 3-14-88 1, 2 2-1 95-88-33 4-25-88 1 4-6, 4-7 2 4-22 3 4-23 4 4-25 5 4-26 80-88-40 6-13-88 1 22-167(b) 90-88-132 7-25-88 1 24-109 58-88-12 8- 8-88 1 2-285 90-88-134 8- 8-88 1 24-110 75-88-7 9-12-88 1 21-24(a) 95-88-35 9-26-88 1 5-31 90-88-136 10-24-88 1 24-188(c) 55-88-22 11-28-88 1 16-7(1)—(3) 58-88-13 11-28-88 1 2-262 2-279 2-283 2-285 2-298(c) 5-88-20 12-12-88 1 2-19(7) 60-88-5 1-11-89 1 17-1(6), (11) 57-89-13 2-13-89 1 13-8, 13-9 57-89-14 2-27-89 1-7 13-151- 13-158 90-88-138 3-27-89 1 24-159 57-89-15 4-24-89 1 7-16 90-89-141 4-24-89 1 24-157(a) 25-89-21 6-12-89 1 6-120 25-89-22 6-12-89 1 6-16 Supp. No. 11 1995 ATLANTIC BEACH CODE Ordinance Section Number Date Section this Code 95-89-40 6-12-89 1-9 2-161-2-169 90-89-146 8-28-89 1 24-159 80-89-42 9-11-89 1 22-170 95-89-42 9-11-89 1 13-10 95-89-43 1- 8-90 1 12-1(b)(9) 95-89-44 1- 8-90 1 23-16-23-27 75-90-8 2-26-90 1 21-17(7) 57-90-16 5-29-90 1 2-51 95-90-46 5-29-90 1 8-1, 8-2(4) 2 18-21(6) 45-90-8 6-25-90 1 20-52 20-52.1 20-54(a) 20-59 90-90-151 6-25-90 1 24-17 90-90-153 8-28-90 1 24-82(b) 55-90-23 10-22-90 1 16-1 2 Added 16-11 95-90-48 12-13-90 1 14-1(a) 45-91-9 1-28-91 1 20-59 80-90-43 4- 8-91 1.0-5.0 22-301-22-310 58-91-14 4- 8-91 1 2-276(a)(2), (c) 58-91-15 4-22-91 1 2-262 2-270(5) 2-272 80-90-44 4-22-91 1.0-5.0 22-331-22-337 Supp. No. 11 [The next page is 2043] 1996 STATUTORY REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related mat- ters. Florida Constitution Article V F.S. Section 1.01 13.201 23.011 60.05 Ch. 97 97.041 98.041 98.211 100.011 100.361 101.62 112.061 112.65 112.311 Ch. 119 Ch. 161 161.041 161.053 Ch. 162 162.02 162.05 162.05(4) 162.07 162.08 162.09 Supp. No. 11 Section 20(dX4) Section this Code 1-2 Ch. 9(note) Ch. 14(note) 2-168, 2-169 Ch. 12(note) Char., § 86 Char., Art. IX (note) Char., § 79 Char., § 31 Char., § 80 Char., § 97 Char., § 87 Char., Art. XI (note) Char., § 85 Ch. 2, Art. VII, Div. 3(note) 2-285 Char., § 166 Ch. 2, Art. II(note) Char., § 16 Char., § 165 Ch. 2(note) Ch. 5(note) 6-20(bX3) 6-20(b)(3) • 6-21(e), (r) Ch. 2, Art. V, Div. 2(note) 2-146 2-141, 2-142 2-145 2-143, 2-144 2-148 2-149 2053 F. S. Section 162.10 162.11 Ch. 163 163.3161 Section this Code Char., § 9 Char., § 151 Char., § 159 Section this Code 2-150 2-151 14-1(a) 21-302(15) Char., Art. XIV (note) Ch. 14(note) Ch. 24(note) 163.3174 14-22 163.3178 6-27 Ch. 166 Charter(note) Char., § 4 Char., § 9 Char., § 32 Char., § 34 Char., Art. VIII (note) Char., Art. XIV (note) Char., § 159 21-302(9) 166.021 Char., Art. I(note) Char., § 4 166.021(4) Char., § 17 166.021(5) Char., Art. V (note) Char., Art. VII (note) Char., § 7 Char., § 32 Char., § 34 166.032 Char., § 79 166.041 Char., § 17 Char., Art. XIV (note) 24-4 ATLANTIC BEACH CODE F.S. Section F. S. Section Section this Code Section this Code 166.101 166.201 166.231 166.241 166.0425 Ch. 170 Ch. 171 Ch. 175 175.101 Ch. 177 177.27(15) 177.011 177.041 177.091 Ch. 180 Ch. 185 185.08 Ch. 192 193.023 193.116 200.065 Ch. 205 205.022 205.042 205.043(2) 205.043(3) 205.053 205.053(1) 205.063 205.192 Ch. 218 Supp. No. 11 Char., Art. XV (note) Ch. 2, Art. VII (note) 286.011 Ch. 2, Art. VII (note) Ch. 20(note) Ch. 20, Art. II 309.01 (note) Ch. 316 Char., § 24 2-311 Ch. 17(note) Ch. 19(note) Char., § 2 2-272 20-77 24-205 6-21(j) Ch. 24, Art. 'IV (note) 24-205 24-256 Ch. 19(note) 2-272 20-76 Ch. 20(note) Char., Art. VI (note) Char., § 33 Char., Art. XIII 381.261 (note) Ch. 386 Char., Art. VI 403.0893 (note) 403.413 Char., Art. XIII (note) Ch. 20, Art. III (note) 20-51 20-52 Ch. 479 20-57 Ch. 489 20-57 496.01 20-54 Ch. 513 20-53 513.01 20-58 Ch. 514 18-21(6) Ch. 2, Art. VII Ch. 552 (note) 218.33 253.12 316.008 316.008(1Xa) 316.195 316.1945 316.2045 320.823 Ch. 327 335.075 Ch. 367 Ch. 369 Ch. 372 Ch. 373 381.031(1Xg)1 arsi .66 (g)8 403.415 413.08 Ch. 469 2054 Char., § 24 2-311 Ch. 5(note) Char., § 14 Char., § 16 Char., § 165 Ch. 2(note) Ch. 5(note) Ch. 21(note) 21-1 Ch. 21(note) Ch. 21, Art. II (note) Ch. 21, Art. II (note) 21-16 Ch. 21(note) 21-17 19-1 6-23 Ch. 5(note) Ch. 19(note) Ch. 22(note) Ch. 5(note) Ch. 4(note) Ch. 8(note) 4-29 lin. f, Art. VI (note) Ch. 22(note) Ch. 12(note) 21-302(9), (10) 5-4 16-5 Ch. 11(note) Ch. 3, Art. II(note) Ch. 6, Art. IV (note) Ch. 17(note) Ch. 6(note) Ch. 18(note) Ch. 10(note) 10-1 Ch. 6, Art. VI (note) Ch. 7(note) STATUTORY REFERENCE TABLE F.S. Section F.S. Section this Code Section Ch. 553 Ch. 6(note) 893.03 6-21(p) 553.01 Ch. 6, Art. IV 893.138 (note) 893.147 553.15 Ch. 6, Art. III 932.701 (note) 553.70 Ch. 6, Art. II(note) 943.14 Chs. 561-568 3-1 943.22 561.01 Ch. 3(note) 943.25(8)(a) 562.14(1) 3-2 562.45(2) 3-2 3-4-3-6 590.12 Ch. 7(note) Ch. 633 Ch. 7(note) 633.35 2-263 633.121 Ch. 7(note) Ch. 650 Ch. 2, Art. VI, Div. 2(note) 2-241 650.02 2-241 650.05 Ch. 2, Art. VI, Div. 2(note) Ch. 705 Ch. 15, Art. II(note) 21-24 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 768.28 Char., § 160 2-1(b)(1) 790.15 13-3 Ch. 791 Ch. 7(note) 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 876.05 Char., § 168 Supp. No. 11 2055 Section this Code 13-4 13-5 2-161 13-5 Ch. 15, Art. II(note) 2-263 2-262 15-1 [The next page is 2081] CODE INDEX FRAUD Section City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGES Removal of spent oils or greases accumulated at 16-9 Zoning regulations Accessory uses and structures 24-151(bX1) GARBAGE AND REFUSE Beaches, littering 5-4 Burial of garbage 16-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Collection Fees for collection 16-7 Garbage cans and trash containers for collection 16-2 Noncomplying tr::h collection 16-8 Permit for 16-6 Compost piles 16-5 Definitions 16-1 Depositing on vacant lots, streets, parks, etc 16-5 Fees for collection 16-7 Garbage cans and trash containers Emptying contents 16-2(d) Inspection and approval 16-2(c). Required 16-2(a) Storage 16-2(b) Garden trash 16-5 Leaves and grass clippings; tree trunks 16-3 Lot cleaning or clearing by contractors, etc. Removal of trash and debris caused from operation of 16-9 Noncomplying trash collection 16-8 Nuisances. See also that subject Abandoned building material, building rubbish, etc 12-1(bX7) Abandoned debris, etc. 12-1(bX6) Depositing garbage, etc 12-1(b)(2) Depositing rubbish 12-1(bX3) Oil and grease accumulated at garages, filling stations, etc. Removal of 16-9 Permit for collection, removal, transportation and disposal ... 16-6 Production of garbage, prima facie evidence of 16-10 Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials Removal prohibited 13-10 Supp. No. 11 2123 ATLANTIC BEACH CODE GARBAGE AND REFUSE—Cont'd. Section Removal of lot clearing, contractors' debris, etc 16-9 Tree trunks, limbs, etc. 16-3 White goods generally 16-11 Zoning regulations Planned unit development (PUD) Refuse collection, access for 24-136 GARDEN TRASH Provisions re disposition of 16-5 GARDENS Waterworks system Water shortages; irrigation of flowers, foilage, etc 22-39 GAS Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc. 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GAZEBOS Zoning regulations Accessory uses by zoning district 24-151(bx1) GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass, building material, etc 12-1(bX7) Public sewers, use of Prohibited discharges of metal, glass, etc 22-129(4) GONGS Noise. See also that subject Noise in public places generally 11-2 Use of gongs on vehicles 11-4 GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings 22-129(4) GREASE. See: OILS, GREASE GUARDHOUSES Zoning regulations 24-158 GUNS. See: FIREARMS AND WEAPONS Supp. No. 11 2124 CODE INDEX SOLICITORS, PEDDLERS, ETC. Section Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Playing of musical instruments for purpose of soliciting money, etc. 11-5 Definition of "solicitor" 18.1 Entering upon residential premises under false pretenses 18-2 "No soliciting" or "no peddlers" signs on premises Entering premises where signs are displayed 18,2(3) Noise. See also that subject Crying or calling out by hawkers, taxicab drivers soliciting passengers, etc. 11-2 Noise in public places generally 11-2 Permits Exceptions 18-21 Fees 18-18 Issuance 18-19 Registration and fingerprinting required 18-17 Required 18-16 Revocation 18-20 Prohibited acts 18-2 Remaining on premises after occupant has requested such per- son to leave 18-2(2) SPOTLIGHTS Signs and advertising structures Use of spotlights, floodlights 17-10 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(bX4) STATE HIGHWAY RIGHTS-OF-WAY Maintenance of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static electricity 17-14 STEAM SHOVELS Noise provisions Building operations at night 11-6 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC Supp. No. 11 2145 ATLANTIC BEACH CODE STORAGE Section Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Garbage and refuse 16-2(b) Zoning regulations Accessory uses and structures Storage/tool sheds 24-151(bXl) Storage and parking of vehicles and equipment in residen- tial districts 24-163 STORM DRAINAGE. See: DRAINAGE STORM WATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Zoning regulations Planned unit development (PUD) Design and construction of storm sewer facilities 24-136(d) STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-30/G Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Enforcement 22-336 Fee schedule 22-335 Findings of fact 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 STREAMS. See: WATERCOURSES, WATERWAYS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Supp. No. 11 2146 CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC PLACES— Cont'd. Section Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc. 22-111 Commercial and recreational vehicles Stopping, standing or parking upon any street 21-22 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc 4-25 Dogs or cats running at large on public streets 4-24 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excavations . 21-25(aX2) Digging up streets prohibited; exception as to public utili- ties; etc. 19-2 Stopping, standing or parking vehicles alongside or opposite any street excavation 21-17(7) Garbage, trash, etc. Depositing on streets, etc 16-5 Loitering, obstructions, etc., in public places 13-2 Supp. No. 11 2146.1 CODE INDEX UNDERGROUND UTILITIES—Cont'd. Section Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Public service tax 20-16 et seq. See: TAXATION Stormwater management 22-301 et seq. See: STORMWATER MANAGEMENT Streets, sidewalks and public places Digging up streets, exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Subdivision regulations Design and construction standards, easements 24-253 Underground utilities, required improvements 24-221 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-16 et seq. See: WATERWORKS SYSTEM Zoning regulations 24-136 et seq. See: ZONING V VACANT HOUSES Water service Liability of consumer for charges Allowance made for vacant houses 22-24 VACANT LOTS Depositing garbage; trash, etc., on 16-5 Dogs and cats running at large 4-24 VACANT PRIVATE PROPERTY Loitering on, etc 13-2 VEGETATION Garbage and refuse collection and disposal Garden trash, compost piles 16-5 Leaves and grass clippings, etc. 16-3 Gardens. See that subject Subdivisions Design and construction standards Use of natural features 24-251(2) Trees and shrubbery. See that subject Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject VEHICLES. See: MOTOR VEHICLES AND OTHER VEHICLES Supp. No. 11 2157 ATLANTIC BEACH CODE VERMIN Section Nuisances Permitting buildings to become vermin infested 12-1(bX8) Abatement of nuisances, etc. See: NUISANSES VICIOUS DOGS Provisions re 4-28 VOLLEYBALL COURTS Zoning regulations Accessory uses by zoning districts 24-151(bX1) W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts 24-112 Miniwarehouses 24-160 WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading, restoring excavations 22-111 Building and plumbing codes, conformance with 22-106 Connections 22-109 Connection of roof downspouts, foundation drains, surface runoff, etc. 22-108 Conformance; making gastight and watertight; deviations 22-109 inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc. 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22410 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105. Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENTBOARD Connections Building sewers and connections. See herein that subject Supp. No. 11 2158 CODE INDEX WASTEWATER SYSTEM—Cont'd. Section Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Supp. No. 11 2158.1