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AB Code Supplement 17SUPPLEMENT NO. 17 June 1996 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. 80-96-57, adopted February 12, 1996. See the Code Comparative Table for further information. Remove old pages Insert new pages ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 163-166 163-166 181-182.1 181-182.1 187, 188 186.1-187 1281, 1282 1281, 1282 1297 1297 1351-1358 1351-1363 1403, 1404 1403, 1404 1462.1-1466.1 1463-1466.7 1997, 1998 1997, 1998 2053-2055 2053-2055 2107-2116 2107-2116.2 2127, 2128 2127-2128.1 2132.1-2134 2133-2134.2 2139, 2140 2139, 2140 2151-2158.1 2151-2158.1 2165-2166.1 2165-2166.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1 -800 -262 -CODE TABLE OF CONTENTS Officials of the City at Time of Codification Preface Adopting Ordinance Checklist of Up -to -Date Pages Charter PART I CHARTER Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. I. Incorporation; Form of Government; Powers II. The Commission III. The City Manager IV. The City Clerk V. The City Attorney VI. Department of Public Safety VII. Budget VIII. Department of Finance IX. Elections X. Initiative and Referendum XI. Recall Elections XII. Franchises XIII. Tax Administration XIV. Zoning XV. Municipal Borrowing XVI. Suits Against the City XVII. General and Miscellaneous Provisions XVIII. When Act Takes Place Charter Comparative Table—Special Acts Charter Comparative Table—Ordinances Chapter 1. 2. PART II CODE OF ORDINANCES Page 111 v vii [1] 1 1 5 9 10 10 11 11 11 12 15 17 18 18 18 18 23 23 28 79 91 General Provisions 103 Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 162 Art. IV. Departments 163 Div. 1. Generally 163 Div. 2. Police Department 163 Div. 3. Fire Department 164 Supp. No. 17 iX ATLANTIC BEACH CODE Chapter Page Div. 4. Department of Finance 165 Div. 5. Department of Public Works 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Div. 3. Public Nuisance Control Board 171 Art. VI. Employee Benefits 172.1 Div. 1. Generally 172.1 Div. 2. Old -Age and Survivors Insurance 172.2 Div. 3. Retirement System 174 Art. VII. Finance 187 Div. 1. Generally 187 Div. 2. Purchasing 188 Div. 3. Uuifoim Travel Policy and Procedure 191 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 301 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 354 Art. III. Public Parks 355 6. Buildings and Building Regulations 405 Art. I. In General 405 Art. II. Building Code 405 Art ITT Rlertriral (nde 411 Art. IV. Plumbing Code 415 Art. V. Mechanical Code 416.1 Art. VI. Swimming Pool Code 415 Art. VII. Numbering of Buildings 416 Art. VIII. Housing Code 418 Art. IX. Gas Code 419 Art. X. Amusement Device Code 419 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention Code 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations 577 Art. I. In General 577 Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 Supp. No. 17 X TABLE OF CONTENTS—Cont'd. Chapter Page 11. Noise 683 12. Nuisances 735 13. Offenses 787 Art. L 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. Solid Waste and Recycling 943 17. Signs and Advertising Structures 995 Art. L In General 995 Art. II. Permit 1003 18. Solicitations 1055 19. Streets, Sidewalks and Other Public Places 1107 20. Taxation 1157 Art. I. 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. W. Insurance Premium Taxes 1176 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 1229 Art. III. Wrecker Service 1231 22. Utilities 1277 Art. I. In General 1277 Art. II. Waterworks System 1278 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 1288.1 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 Supp. No. 17 xi ATLANTIC BEACH CODE Chapter Page Div. 2. Rates and Charges 1305 23. Vegetation 1351 Art. I. In General 1351 Art. II. Tree Protection 1351 Art. III. Accumulation of Weeds 1362 24. Zoning and Subdivision Regulations 1403 Art. I. In General 1403 Art. II. 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 Div. 8. Landscaping 1464 Art. IV. Subdivision Regulations 1466.5 Div. 1. Generally 1466.5 Div. 2. Application Procedure 1466.7 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 m nal& T iv:Cif Florida 204.3 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No, 17 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 supplementation 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 reprinted 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 169, 170 1 iii 14 171, 172 9 v, vi OC 172.1, 172.2 15 vii, viii 1 173, 174 11 ix, x 17 174.1, 174.2 11 xi, xii 17 175, 176 6 1, 2 14 177, 178 14 3, 4 14 179, 180 14 5, 6 14 181, 182 17 7, 8 14 182.1 17 9, 10 14 183, 184 8 11, 12 14 184.1, 184.2 8 13, 14 14 185, 186 12 15, 16 14 186.1, 186.2 17 17, 18 14 187 17 19, 20 14 188.1, 188.2 13 21, 22 14 189, 190 16 79 5, Add. 190.1 16 91 14 191, 192 OC 103, 104 OC 193, 194 OC 105, 106 OC 195, 196 14 107, 108 13 245, 246 13 155, 156 12 247, 248 16 157 12 299, 300 14 159, 160 8 300.1, 300.2 14 161, 162 14 301, 302 12 163, 164 17 303, 304 12 165, 166 17 353, 354 7 166.1 5 355 7 167, 168 1 405, 406 13 Supp. No. 17 [ 1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 406.1, 406.2 16 1055, 1056 15 407, 408 16 1057, 1058 15 409 16 1059 15 410.1, 410.2 5 1107, 1108 13 410.3, 410.4 5 1157, 1158 OC 410.5, 410.6 16 1159, 1160 2 411, 412 16 1161, 1162 15 413, 414 16 1163, 1164 15 415, 416 16 1165, 1166 15 416.1 16 1167, 1168 15 417, 418 13 1169, 1170 15 419, 420 13 1171, 1172 15 421, 422 13 1173, 1174 15 469, 470 8 1175, 1176 15 521, 522 6 1221, 1222 12 523, 524 6 1223, 1224 12 525, 526 6 1225, 1226 12 527, 528 6 1227, 1228 12 529, 530 6 1229, 1230 12 531, 532 6 1231, 1232 12 533, 534 6 1233 12 535 6 1277, 1278 15 577, 578 OC 1278.1, 1278.2 16 579, 580 OC 1279, 1280 16 581 OC 1281, 1282 17 631, 632 OC 1283 16 683, 684 OC 1284.1, 1284.2 13 685 OC 1284.3, 1284.4 13 735, 736 10 1284.5 13 737 10 1235, 1286 OU 787, 788 8 1287, 1288 16 789, 790 8 1288.1 16 791, 792 12 1289, 1290 OC 793 12 1291, 1292 OC 839, 840 11 1293, 1294 OC 841, 842 5 1294.1, 1294.2 16 843 5 1295, 1296 16 891, 892 12 1297 17 893 12 1298.1, 1298.2 3 943, 944 16 1299, 1300 OC 945, 946 16 1301, 1302 11 947, 948 16 1303, 1304 11 949 16 1305, 1306 11 995, 996 15 1307, 1308 11 997 15 1351, 1352 17 999, 1000 OC 1353, 1354 17 1001, 1002 OC 1355, 1356 17 1003, 1004 OC 1357, 1358 17 1005 OC 1359, 1360 17 Supp. No. 17 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1361, 1362 17 1477, 1478 OC 1363 17 1479, 1480 OC 1403, 1404 17 1481,1482 OC 1405, 1406 3 1483 OC 1407, 1408 OC 1983, 1984 OC 1409, 1410 12 1985 OC 1411, 1412 12 1987, 1988 OC 1412.1 12 1989, 1990 OC 1413, 1414 5 1991, 1992 2 1415, 1416 5 1993, 1994 6 1417, 1418 10 1995, 1996 13 1419, 1420 12 1997, 1998 17 1421, 1422 5 2043 OC 1423, 1424 5 2053, 2054 17 1425, 1426 5 2055 17 1427, 1428 5 2081, 2082 14 1429, 1430 11 2083, 2084 14 1431, 1432 11 2085, 2086 14 1432.1 11 2087, 2088 14 1433, 1434 6 2101, 2102 13 1435, 1436 5 2103 13 1437, 1438 6 2105, 2106 5 1438.1 6 2107, 2108 17 1439, 1440 5 2109, 2110 17 1441, 1442 7 2111, 2112 17 1443, 1444 7 2113, 2114 17 1444.1 7 2115, 2116 17 1445, 1446 5 2116.1, 2116.2 17 1446.1, 1446.2 5 2117, 2118 13 1447, 1448 OC 2119, 2120 16 1449, 1450 5 2120.1 16 1451, 1452 OC 2121, 2122 14 1453, 1454 4 2123, 2124 16 1455, 1456 8 2124.1, 2124.2 16 1457, 1458 9 2125, 2126 9 1458.1 9 2127, 2128 17 1459, 1460 6 2128.1 17 1461, 1462 6 2129, 2130 16 1463, 1464 17 2130.1 13 1465, 1466 17 2131, 2132 9 1466.1, 1466.2 17 2133, 2134 17 1466.3, 1466.4 17 2134.1, 2134.2 17 1466.5, 1466.6 17 2135, 2136 16 1466.7 17 2136.1 16 1467, 1468 OC 2137, 2138 14 1469, 1470 OC 2139, 2140 17 1471, 1472 OC 2141, 2142 14 1473, 1474 OC 2143, 2144 15 1475, 1476 3 2145, 2146 14 Supp. No. 17 [3] ATLANTIC BEACH CODE Page No. Supp. No. 2146.1, 2146.2 14 2147, 2148 13 2148.1 13 2149, 2150 OC 2151, 2152 17 2153, 2154 17 2155, 2156 17 2157, 2158 17 2158.1 17 2159, 2160 13 2161, 2162 16 2162.1, 2162.2 16 2163, 2164 6 2165, 2166 17 2166.1 17 2167, 2168 OC 2169, 2170 5 2171, 2172 5 Supp. No. 17 [4] ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 1. GENERALLY § 2-52 Sec. 2-41. Director of public safety. The city manager, or any other qualified person as provided herein, shall be the director of public safety, under whose supervision there shall be a police department and a fire department. (1) In the event the city manager desires to appoint a director of public safety, the director of public safety shall be appointed and removed by the city manager, subject to the approval of the city commission. The director of public safety shall be compensated as determined by the city manager. (2) The duties of the director of public safety shall include attendance at all meetings of the city commission as required by the city manager; supervision and coordination of the police, fire and lifeguard operations of the city; participation in emergency planning and operations before, during and after major incidents affecting public safety; and performance of such other duties as may be lawfully required of him. (Laws of Fla., Ch. 57-1126, § 35; Code 1970, § 2-1; Ord. No. 57-78-7, § B, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 5-95-26, § 1, 1-8-96) Secs. 2-42---2-50. Reserved. DIVISION 2. POLICE DEPARTMENT* Sec. 2-51. Chief of police—Appointment, compensation, removal. The chief of police shall be the head of the police department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 36; Ord. No. 57-78-7, § C, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-90-16, § 1, 5-29-90) Sec. 2-52. Same—Duties and authority. It shall be the duty of the chief of police to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of order and to enforce the city's ordinances; to execute all papers and process of the city or its authorities; and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the chief of police shall have and exercise control over the police department. (Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) *Cross reference—Police generally, Ch. 15. Supp. No. 17 163 § 2-53 ATLANTIC BEACH CODE Sec. 2-53. Powers and authority of deputies and chief. The chief of police and his deputies shall have the power and authority to immediately arrest, with or without warrant, and also to take into custody any person who shall commit, threaten, or attempt to commit, in his presence or within his view, any offense prohibited by the ordinances and laws of the city, of the state, or of the United States of America, and shall without unnecessary delay, bring the offenders before the appropriate court to be dealt with according to law. (Laws of Fla., Ch. 57-1126, § 38; Ord. No. 57-78-7, § E, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Secs. 2-54-2-60. Reserved. DIVISION 3. FIRE DEPARTMENT* Sec. 2-61. Fire chief—Appointment; compensation. The fire chief shall be the head of the fire department and shall be appointed and removed by the director of public safety, subject to the approval of the city commission. He shall receive such compensation as determined by the city commission. (Laws of Fla., Ch. 57-1126, § 39; Ord. No. 57-78-7, § F, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-62. Same—Duties and authority. It shall be the duty of the fire chief to attend all meetings of the city commission as required by the city commission; to aid in the enforcement of all city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the limits c f th • cit.. ar to exeruute all pipers and process of the city or its authorities relating thereto, and to perform such other duties as may be lawfully required of him. Subject to the authority and instruction of the city commission and under the supervision of the director of public safety, the fire chief shall have and exercise control over the fire department. (Laws of Fla., Ch. 57-1126, § 40; Ord. No. 57-78-7, § G, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83) Sec. 2-63. Lifeguard division. The lifeguard division shall be under the supervision of the lifeguard captain, who shall be responsible to the fire chief. The functions of the division shall be as follows: (1) Protect the safety and welfare of all persons using the beaches. (2) Regulate all rules governing beaches for safety purposes. (3) Give artificial respiration and other medical aid for minor purposes. (4) Prepare reports on the conditions of approaches and beaches, and submit departmen- tal resumes of monthly information to the director of public safety. *Cross reference—Fire prevention and protection, Ch. 7. Supp. No. 17 164 ADMINISTRATION § 2-75 (5) Perform such other duties as may be assigned by the director of public safety. (Ord. No. 57-78-7, § H, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83; Ord. No. 57-93-19, § 1, 2-8-93) Secs. 2-ti4----2-70. Reserved. DIVISION 4. DEPARTMENT OF FINANCE* Sec. 2-71. Appointment of director of finance. The city manager may, at his discretion, appoint a director of finance and other employees as may be required to administer the financial affairs of the city. (Ord. No. 5-81-7, § 2, 1-11-82) Sec. 2-72. Created. The department of finance is hereby created. The department shall be an administrative department of the city. (Ord. No. 5-81-7, § 1, 2, 1-11-82) Sec. 2-73. Investment of funds; policy. The director of finance shall invest funds of the city which are not required for immediate disbursement. Such investment must be in accordance with the most recent investment policy as adopted by resolution of the city commission. (Ord. No. 5-81-7, § 5, 1-11-82; Ord. No. 35-95-9, § 1, 9-25-95) Sec. 2-74. Finance director—Duties generally. The finance director shall be responsible for the preaudit of all purchase orders, receipts, and disbursements, prepare payrolls, prepare and issue al]. checks, maintain and supervise cost accounts, prepare all invoices, and maintain inventory records of all municipal property. (Ord. No. 5-81-7, § 6, 1-11-82) Sec. 2-75. Same—Financial information. The director of finance shall be responsible for the rendering of an account to the city commission showing the financial condition of the city at the date of such account, and to prepare and present other such financial information as may be required by the city commission. (Ord. No. 5-81-7, § 7, 1-11-82) *Cross reference—Finance generally, § 2-311 et seq. Supp. No. 17 165 § 2-76 ATLANTIC BEACH CODE Sec. 2-76. Same—Assisting in preparation of budget; accepting other responsibili- ties. The director of finance shall assist the city manager in the preparation of the annual budget and shall perform other duties and accept other responsibilities as may be assigned by the city manager. (Ord. No. 5-81-7, § 8, 1-11-82) Sec. 2-77. Functions. Accounting, finance and treasury functions of the city shall be combined in a single finance department. The city manager shall be responsible for the department and he shall perform the duties of each function in the absence of a director of finance. (Ord. No. 5-81-7, § 3, 1-11-82) Sec. 2-78. Duties. The department of finance shall have the following duties; the custodian of all monies of the city; receive all monies belonging to the city; and to disburse same; keep proper books in such a manner that they may be readily understood and audited. Such books shall contain a separate account of each fund or appropriation, and debits and credits thereto belonging, and in general an accurate accounting of all monies received, from whom received, and to whom disbursed, into what account received and disbursed. The accounting shall be consistent with the uniform accounting system, local units of government, state, and generally accepted accounting principles and practices. (Ord. No< 5-81-7, § 4, 1-11-82) MirSI'.Ji4 5. L lip ARTME' 1VT OF PUBLIC VO M Sec. 2-79. Created. There is hereby created and established a department of public works. The department shall be an administrative department of the city responsible to the city manager. (Ord. No, 5-86-14, § 1, 1-27-86) Supp. No "i7 166 ADMINISTRATION § 2-279 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 of the city under the plan if, prior to his normal retirement date, he becomes totally and permanently 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 five (5) years of credited service shall not apply to police officers and firefighters found by the board of trustees to have been disabled (as defined herein) in the line of duty. The minimum benefit for any police officer or firefighter disabled in the line of duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service. (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). If a firefighter or a police officer is found by the board of trustees to have been disabled in the line of duty, total disability shall be determined on the basis of rendering useful and efficient service as a firefighter or police officer, as the case may be. To the extent required by Florida Statutes, any condition or impairment of the health of a firefighter or police officer resulting from conditions specified by Florida . Statutes shall be presumed to have been incurred in the line of duty unless shown to the contrary by competent evidence; provided, the firefighter or police officer shall have successfully passed a physical examination upon entering into service with the city as a firefighter or police officer and the examination failed to reveal evidence of a presumptive condition. (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has termi- nated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. Supp. No. 17 181 § 2-279 ATLANTIC BEACH CODE (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of section 2-281. (f) The monthly retirement income as computed in section 2-281 to which a member is entitled in the event of his disability retirement shall be payable on the first day of the first month after the board of trustees determine such entitlement. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the payment due next preceding his death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as an employee of the city. (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96) Sec. 2-280. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination by or under the direction of the medical director if the disability retirant has not attained the following applicable age: (1) Benefit group fire: Age sixty (60) years; (2) Benefit group police: Age sixty (60) years; (3) Benefit group general: Age sixty (60) years. (b) If a disability retirant refuses to submit to a medical examination payment of the disability pension may be suspended by the board of trustees until withdrawal of the refusal. Should refusal continue for one (1) year all the disability retirant's rights in and to a disability pension may be revoked by the board of trustees. A disability retirant shall be restored to active employment with the city and the disability pension discontinued if following a medical examination the medical director certifies that the disability retirant is mentally and physically able and capable of resuming employment with the city, and the board of trustees Supp. No. 17 182 ADMINISTRATION § 2-282 concurs in the certification of the medical director. The city shall be allowed reasonable latitude in placing the returned disability retirant in a position commensurate with the position held at time of disability retirement. (c) A disability retirant who has been restored to employment with the city as provided in subsection (a) shall again become a member of the retirement system. The disability retirant's credited service at time of retirement shall be restored to full force. Service shall be credited for the period the disability retirant was being paid a disability pension. (Ord. No. 58-75-4, § 20, 12-22-75) Sec. 2-281. Amount of level straight life pension. (a) Benefit group fire. Subject to section 2-285, the amount of level straight life pension of the retirement system member shall be equal to the retiring member's benefit group fire credited service multiplied by three (3) percent of the retiring member's final average compensation. (b) Benefit group police. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group police credited service multiplied by three (3) percent of the retiring member's final average compensation. (c) Benefit group general. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average compensation. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93) Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A Supp. No. 17 182.1 ADMINISTRATION § 2-298 and shall be unassignable except as is specifically provided in this division. If a member is covered under a group insurance or prepayment plan participated in by the city, and should the member or his/her beneficiary be permitted to and elect to continue the coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of trustees to deduct required payments to continue coverage under the group insurance or prepayment plan. The city shall have the right of setoff for any claim arising from embezzlement by or fraud of a member, retirant or beneficiary (Ord. No. 58-75-4, § 35, 12-22-75) Sec. 2-296. Errors. Should any change in the records result in any member, retirant or beneficiary being paid from the retirement system more or less than would have been paid had the records been correct, the board of trustees shall correct the error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled shall be paid. (Ord. No. 58-75-4, § 36, 12-22-75) Sec. 2-297. Protection against fraud. Whoever with intent to deceive shall make any statements and/or reports required under this division which are untrue, or shall falsify or permit to be falsified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms or provisions of this division, shall be guilty of a city offense. Ord. No. 58-75-4, § 37, 12-22-75) Sec. 2-298. Member contributions. (a) Member contributions by benefit group fire shall be no less than five and five hundred fifty-five thousandths (5.555) percent of salary and by benefit group police shall be no less than four and eight hundred fifteen thousandths (4.815) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. (b) Member contributions for benefit group general shall be no less than two (2) percent of salary after same shall have been approved by a majority vote of all members constituting benefit group general and said contribution shall be deducted from the member's pay and paid over into the retirement system at the same time as the city contribution is made to the retirement system. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, without interest, less any disability benefits paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has contributed Supp. No. 17 186.1 § 2-298 ATLANTIC BEACH CODE to the pension trust fund as provided, elects to leave his accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-280, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (d) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the internal revenue service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA; and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe), the distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-96-21, § 1, 2-12-96) Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall he LI AtcJLLLG4».e .Y_ YLL the rVlaowxxa req--'rer lVllk7 --u otherwise ..+x.jj.<t. Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (70 1/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) Secs. 2-300-2-310. Reserved, Supp. No. 17 186.2 ADMINISTRATION ARTICLE VII. FINANCE* DIVISION 1. GENERALLY § 2-313 Sec. 2-311. Fiscal year. The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65) Sec. 2-313. Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation balance, or portion thereof, between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city commission by resolution may at any time transfer any unencumbered appropriation balance, or portion thereof, from one office, department or agency to another office, department or agency. (Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863) *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 17 187 UTILITIES § 22-28 Reinspection visit 35.00 b. Meter charge. All meters will be furnished by the city and the cost is included in the established installation charge. c. Change in service size. Whenever a user requests a change in the size of a service previously installed, such user shall accompany such request with payment of the same charges per schedule a above, together with any meter cost involved, as are applicable to the new service requested. The user shall also be required to pay any and all increases in capital improvement charges from the old size to the one requested, whether or not the old service was required to pay any fees, utilizing the rates in effect at time of request. d. Change in service location. Whenever a user requests a change in location of a service connection previously installed, such user shall accompany such request with payment of the same charges, per schedule a, for installation. e. Capital improvement charge. Single-family residences: For each house, three hundred twenty-five dollars ($325.00), three -quarter -inch service only. Multiple family and condominium living units, including all related facilities: A minimum of five hundred dollars ($500.00) for the first two (2) units, plus ninety dollars ($90.00) per unit for each additional unit over two (2). Motels, including all related facilities: A minimum of one thousand one hundred fifty dollars ($1,150.00) for the first ten (10) units, plus fifty-five dollars ($55.00) per unit for each additional unit over ten (10). Nursing and convalescent homes, including all related facilities: A minimum of one thousand fifty dollars ($1,050.00) for the first ten (10) beds, plus forty-five dollars ($45.00) per bed for each additional bed over ten (10). All others: A minimum of three hundred twenty-five dollars ($325.00). Size of Meter (inches) Charge 3/4 $ 325.00 1 550.00 11/2 1,075.00 2 1,725.00 3 3,250.00 4 5,425.00 6 10,800.00 8 15,000.00 Disposition, use of revenues. All revenues collected by the city for water capital improvement charges shall be deposited and held in a special fund to be known as and hereby designated "the water capital improvement fund". The monies deposited and held in said fund and all interest accrued thereto shall be used only for the improvements, expansion and/or replacement of the water system of the city. Supp. No. 17 1281 § 22-28 ATLANTIC BEACH CODE (2) Water service for fire protection purposed. A special rate of sixty-two dollars ($62.00) per annum payable in monthly installments shall apply to any water service provided exclusively for sprinkling systems or other fire protection systems in buildings only provided the expense of all connections to and extensions from the city water mains shall be borne by the user. No taps will be allowed which may be used for other than fire protection purposes, and, unless pursuant to special permit formm the city commission, there shall be no connection with any other source of water except in case a storage tank or fire pump is installed as a secondary supply for such fire protection purposes. (Ord. No. 80-92-51, § 2, 11-23-92) Sec. 22-29. Due dates and late fees. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date), service will be discontinued. A fifteen -dollar reconnect fee will be required to be paid, along with the full amount of the bill, prior to service being restored. (Code 1970, § 27-13; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-57; § 1, 2-12-96) Sec. 22-30. Private fire protection service. Fire protection service charges shall be billed annually in advance. Fire protection service, •n �t e i __ t ,;.__ts or sprinkler systems shall b installed from th- main inwerd et the C14fleY` jJ11V [ib� 11�iYt [ilti�� or �jJY IxL'LccY systems, att+xYa be installed r.. v=.o e�.r... �.. � ..,�. �; ......., expense of the consumer. All such installations shall be made in strict accordance with the rules of the American Insurance Association in force at the date of installation and with such requirements as may be prescribed by the city manager. Fire protection services shall not be metered, and no charge shall be made by the city for water used through such services; however, no use of the services shall be made except for testing the equipment or fighting fire. (Code 1970, § 27-14) Sec. 22-31. Leaks on consumer's side of meter. No allowance or adjustment of any water bill shall be made for leaks of any nature occurring on the consumer's side of the meter. (Code 1970, § 27-15) Supp. No. 17 1282 UTILITIES § 22-175 Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be computed as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten (10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charge of fifteen dollars ($15.00). If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner. tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No, 80-83-23, § I(Art. VIII, § 10), 6-27-83) Supp. No. 17 1297 Art. I. Art. II. Art. III. Chapter 23 VEGETATION* In General, §§ 23-1-23-14 Tree Protection, §§ 23-15-23-35 Accumulation of Weeds, §§ 23-36-23-40 ARTICLE I. IN GENERAL Secs. 23-1-23-14. Reserved. ARTICLE II. TREE PROTECTIONt Sec. 23-15. Intent. It is the intent of these regulations to promote the health, safety and welfare of the current and future residents of the city by establishing minimum standards for the protection of trees within the city in order to: (1) Improve the aesthetic appearance of commercial, governmental, industrial, and residential areas through the protection of trees during development; (2) Improve environmental quality by recognizing the numerous beneficial effects of trees upon the environment; (3) Provide direct and important physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development; (4) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation; (5) Increase and maintain the value of land by requiring a minimum amount of trees to be incorporated into development; (6) Preserve existing natural trees and vegetation where possible; (7) Promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials; (8) Establish procedures and standards for the administration and enforcement of this part; *Cross reference—Streets, sidewalks and other public places, Ch. 19. tEditor's note—Ordinance No, 95-95-64, § 1, adopted February 12, 1996, amended Art. II to read as herein set out. Prior to such amendment, Art. II consisted of §§ 23-16-23-27, which pertained to tree protection and derived from Ord. No. 95-89-44, § 1, adopted January 8, 1990. Supp. No. 17 1351 § 23-15 ATLANTIC BEACH CODE (9) Establish a tree fund for the collection of monies from mitigation to be used for planting of trees in areas throughout the city. (Ord. No. 95-95-64, § 1, 2-12-96) Editor's note—Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II by including provisions designated as § 23-1. For purposes of classification and in order to preserve numerical consistency, such provisions have been included herein as § 23-15 at the discretion of the editor. Sec. 23-16. Definitions. The following words and phrases, when used herein, shall have the meanings respectively ascribed to them: Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance requirement, established to protect; one type of land use from another land use that inay be incompatible. The area is landscaped, maintained and kept in open space. Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper. Construction means and includes erecting structures and buildings, placement of utilities, paving, topographical changes, and installation of drainage. DBH means the diameter breast height measured in inches at four and five -tenths (4.5) feet above ground level. DBH for multi -trunked trees shall be determined by measuring each trunk immediately above the fork and adding the total inches together. Designee means an appointed representative. Developer/ builder/contractor means any person, firm or other legal entity that purchases, agrees to purchase or otherwise holds an interest in real property with the intent to, or in fact does, develop such property for any construction (by himself or others) thereon for which an application for a building permit will ultimately be required. Development, redevelopment, renovating means any construction for which an application for a building permit must be made prior to initiation of any improvement. Also, in the case of vehicular use paving, any preparation or pavement (concrete or asphalt) of a site intended for any type of vehicular use.. Director means community development director or city's representative responsible for administering building and site clearing permits. Dominant species means the specie occurring most frequently. Dripline means an imaginary line extending perpendicularly down from the outermost branches of a tree. Excavation means the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. Supp. No. 17 1352 VEGETATION § 23-16 Hazardous means a danger by virtue of location and/or presence of defects. Mitigation means trees required to be planted on property to replace a percentage of the trees removed during construction, as defined in section 23-17(c), or, alternately, funds deposited in the tree replacement account. Municipal means of or belonging to the city or it's franchised agents. Open space means all areas of natural plant communities or areas replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns, and all other areas required to be provided as natural ground and landscaping. Park means all public parks owned by the city. Positional conflict means, by virtue of its location, the tree's dripline is encroached upon by site alterations. Preserve area means vegetative areas required to be preserved under the jurisdiction of the Florida Department of Environmental Regulation, St. Johns River Water Management District and/or the United States Army Corps of Engineers or other regulatory agencies. Property owner means the person owning the property as shown in the county tax roles. Protected tree means and includes all of the following: (1) Private protected tree: Any tree on private property with: a. A DBH of six (6) inches or more located on any lot within twenty (20) feet of a street right-of-way (including an approved private street or other access ease- ment) and twenty (20) feet from the rear lot line or located within seven and one-half (7 1/2) feet of any side property line; or b. A tree with a DBH of twenty (20) inches or more located elsewhere on a residential lot and a tree with a DBH of ten (10) inches or more located elsewhere on a commercial or industrial lot. (2) Public protected tree: Any tree located on lands owned by the city, or other govern- mental agencies or authorities, or any land upon which easements are imposed for the benefit of the city, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the city, or other governmental agencies or authorities, including rights-of-way, parks, public areas and easements for drainage, sewer, water and other public utilities, with: a A DBH of six (6) inches or more located within a city or other governmental right-of-way, or located on any parcel within twenty (20) feet of a street right-of-way or rear parcel line, or located on any parcel within seven and one-half (7 '/a) feet of any side property line; or b. A DBH of ten (10) inches or more located elsewhere on the parcel. Supp. No. 17 1353 § 23-16 ATLANTIC BEACH CODE (3) Exceptional specimen tree: Any tree which is determined by the city commission to be of unique and intrinsic value to the general public because of its size, age, historic association, or ecological value or any tree designated a Florida State Champion, United States Champion or World Champion by the American Forestry Association. The city clerk shall keep a record of all specimen trees so designated and their location. Protective barrier means a manmade barricade to prevent disturbance of the tree's growing environment. Public place means all grounds owned by the city. Razing means to scrape, cut or otherwise remove existing trees. Site alterations means any manmade change, disturbance or damage to the existing topography or trees. Street means the entire width of public right-of-way. Tree means any self-supporting woody plant of a species which normally grows to an overall height of a minimum of twelve (12) feet in this area. Tree removal means any act causing the death and/or elimination of a tree. Tree replacement account means an account created by the city to be used exclusively for finding public tree -planting projects, including up to ten (10) percent of the cost for general landscape material. Donations to this account shall be on a voluntary basis and may include monies donated per this section [i.e., definition of "mitigation" ]. Understory means assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees. Unique or special characteristic means a tree of unusual species, configuration, size, age or historical background, including, but not limited to, a live oak, cypress or magnolia tree of thirty (30) inches or more in DBI -J. (Ord. No. 95-95-64, § 1, 2-12-96) Sec. 23-17. Applicability; removal of trees; minimum standards; permits; mitigation; development; enforcement; violations and penalties. (a) Applicability. The provisions of this section shall apply to all protected trees within the city, unless specifically exempted herein. (b) Removal of protected trees prohibited; exceptions. (1) No person, organization, society, association or corporation, or any agent or represen- tative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of, any protected tree, as defined in section 23-16 hereof, or shall commit any act or authorize the commission of any act which physically removes a protected tree or causes a tree to die, such as damage inflicted upon the root system by heavy machinery, chemicals or Supp. No. 17 1354 VEGETATION § 23-17 paving, changing the natural grade above the root system and tree damage permit- ting infection or pest infestation, without first having obtained a permit as herein provided. (2) The following protected trees are exempted from the provisions of this section: a. Any tree located on any property upon which either a single-family dwelling or a mobile home on an individual lot is located unless a permit for development, redevelopment, or renovation, valued at ten thousand dollars ($10,000.60) or more, is required, or anticipated within six (6) months following tree removal; b. Any tree located in botanical gardens or in state -approved or government nurseries and groves which are grown for sale or public purpose; c. Any tree that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authoriza- tion to remove a protected tree may be given by the director. During the period of an emergency such as a hurricane, flood or any other natural disaster, the requirements of this section may be temporarily waived by the director, so that private or public work to restore order in the city will in no way be hampered. (c) Minimum tree standards. (1) Minimum tree standards shall apply to all lots affected by permitted development, redevelopment, or renovation valued at ten thousand dollars ($10,000.00) or more. (2) Unless otherwise provided in this section, a minimum number of trees shall be planted or preserved upon each site pursuant to the following standards, which are the minimum requirements for landscaping within the city. Trees shall not be placed where they interfere with site drainage or where they will require frequent pruning in order to avoid interference with overhead power lines. a. Minimum tree -planting requirements for all residentially zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located or to be located: One (1) four -inch caliper tree shall be planted and/or preserved for every twenty-five hundred (2,500) square feet of lot area, or portion thereof, excluding therefrom preserve areas and water bodies. Preserving pro- tected trees will offset this requirement. b. Minimum tree -planting requirements for all nonresidential zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located: 1. One (1) tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in all commercial districts, except as otherwise provided herein. 2. One (1) tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in any industrial district or public (govern- ment) use district. Supp. No. 17 1355 § 23-17 ATLANTIC BEACH CODE (d) Permit procedures and criteria for tree removal, relocation and replacement of protected trees. (1) Permits for site clearing and the removal or relocation of a protected' tree shall be obtained by filing an application. Approval of the application by the tree conservation board and. issuance of a permit by the director shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Applications for site clearing and tree removal or relocation shall include the following:: a. A site plan, at a scale which clearly illustrates the requirements of this section, including the following: 1. The lot configuration; 2. The location and identification of existing and proposed improvements, if any, including structures, water retention areas, paving, grade changes, utilities, easements, and street rights-of-way or approved private streets; 3. The location and identity, by botanical or common name and DBH, of protected trees to be removed, relocated, or retained; 4. The location of preserve areas; 5. The location of ingress/egress corridors and staging areas; 6. The location of all temporary protective barriers; 7. The location of all trees to be used for mitigation credit. b. A statement explaining why the protected tree is proposed to be removed or Y eiot.aLed. (2) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement, public property or right-of-way shall obtain a permit from the director. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of-way. (e) Mitigation criteria and procedures. (1) Any relocation of trees in compliance with this section shall be performed in accordance with accepted industry practices, including watering to insure survival of transplanted stock. Transplanted trees must be guaranteed for at least one (1) year. Supp. No. 17 1356 VEGETATION § 23-17 (2) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, unprotected trees or trans- planted trees. Protected oaks removed shall be replaced only with oaks. The total caliper inches of replacement trees shall equal one-half ('/2) the total caliper inches of protected trees removed, unless otherwise approved by the tree conservation board. If multi -trunked trees are used as replacement trees, then the total caliper of the four (4) largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which are determined by the city to be dead or deteriorated as a result of age, insects, disease, storm, fire, lightening or other acts of nature. a. New replacement trees shall be a minimum of Florida Number One defined in the most current edition of the Grades and Standards for Nursery Plants, Parts I and II, published by the Florida Department of Agriculture and Consumer Services. Trees shall be a species having an average nature crown spread of no less than thirty (30) feet in Northeast Florida. Trees shall have a minimum two-inch caliper and a minimum of ten (10) feet in overall height. b. Existing trees, three-inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in this subsection. c. New, preserved nonprotected, or transplanted oaks used as replacement for removed protected oaks shall be four -inch caliper or greater. d. Existing protected trees which would otherwise be removed from the site because of development may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requirements of this subsection. e. If protected tree removal is associated with new development, the name, size and location of all replacement trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection and issuance of the 'CO. Otherwise, the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limit stated on the site clearing or tree removal permit. f. Existing nonprotected trees, transplanted trees and new trees used for replace- ment become protected trees. Replacement trees shall be maintained by watering and guaranteeing the tree for one (1) year. Failure to maintain the trees shall be deemed a violation of the zoning code. h. A tree used for replacement shall be at least ten (10) feet from any other tree planted, transplanted or preserved. i. If the applicant demonstrates to the satisfaction of the director that the site cannot accommodate the total number of required replacement trees as a result g• Supp. No. 17 1357 § 23-17 ATLANTIC BEACH CODE of insufficient planting area, the applicant shall provide a monetary contribution to the tree replacement account. The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two-inch caliper nursery -grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlapped two-inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1. (f) Tree protection during development. All protected trees, preserved understory vegeta- tion, and trees retained for tree credit, pursuant to subsection (e), shall be protected from injury during any land clearing or construction in the following manner: (1) Prior to any land -clearing operations, tree limbs which interfere with construction shall be removed and temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land clearing or construction and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high,,shall be placed at least six (6) feet away from the base of any tree, shall include at least fifty (50) percent of the area under the dripline of any protected tree or trees retained for tree credit pursuant to subsection (e), and the barrier shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart, with a two-by-four minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protection shall comply with the guidelines in the Tree Protection Guide for Builders and Developers by the Florida Division of Forestry and any other reasonable require - L. implement .� moi, R.. part tueit � ueeu eu appivpi1Abe by L41. U1L%4,IU1 W ♦x11picixL t % �,�3o part. (2) No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protected areas. No attachment, wires (other than protective guy wires), signs or permits shall be attached to a protected tree. When removing branches from protected trees to clear for construction or pruning to restore the natural shape of the entire tree, the guidelines in the National Arborist Association Pruning Standards for Shade Trees and the American National Stan- dards for Tree Care Operations (ANSI #Z133.1) shall be followed: Protected trees shall be pruned to remove dead or damaged limbs and to restore this natural shape, and fertilized as necessary to compensate for any loss of roots and to stimulate root growth. Any damage to tree crowns or root systems shall be repaired immediately after damage occurs. (g) Enforcement; violations and penalties; stopping work, correction of violation; assess- ment and recovery of civil penalties. (1) Notice of violations. Whenever the director has evidence that a violation of any provision of this subpart [section] has been or is being committed, he shall issue a written notice or order upon the violator by personal service, certified mail, or by Supp. No. 17 1358 VEGETATION § 23-17 posting a copy in a conspicuous place on the premises where the violation has occurred or is occurring. The notice shall briefly set forth the general nature of the violation and specify the manner and a time within which the violation shall be corrected. (2) Stopping work. Failure to correct violations within the time period set forth in the notice of violation shall constitute grounds for the issuance of a stop work order. All work on the site shall be suspended until the violations have been corrected. (3) Correction of violation. A violation of this article shall be.corrected as follows: a. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replace- ment trees shall equal the total caliper inches of the protected trees removed. A tree replanting plan showing how the damage caused to the site by the violation will be mitigated shall be subject to the review and approval of the tree conservation board and the trees installed within the time limit stated on the permit. Replacement trees shall meet the requirements of subsection (e), except that the minimum caliper of the replacement tree shall be four (4) inches, and the plan shall meet the requirements of subsection (d) to the extent applicable; or b. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work, and by making a contribution to the tree replacement fund to compensate for each replacement tree which is not planted. The amount of such contribution shall be determined pursuant to the formula described in subsection (e)(2)i.; c. If the site has been cleared and the trees have been removed from the site so that the director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart [section], the violation shall be corrected by paying a civil fine of up to one dollar ($1.00) per square foot of land cleared, which fine shall be assessed by the code enforcement board. The contributions and fines assessed under this subsection shall be payable to the city immediately within seven (7) days after assessment. All amounts received by the city pursuant to this subsection shall be deposited in the tree replacement account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected. (4) Appeals. A person aggrieved by an administrative order, determination or decision of the director may appeal the order, determination or decision to the city commission. (5) Violation and penalties. A person who violates any provision of this section, and fails to correct the violation as provided herein, shall, upon conviction thereof, be guilty of a violation of this article and punished accordingly. A separate offense shall be deemed to have been committed for each tree removed, damaged, or destroyed contrary to the provisions of this article. Supp. No. 17 1359 § 23-17 ATLANTIC BEACH CODE (6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the city may seek injunctive relief in the circuit court to enforce the provisions of this section. The city shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the city is successful in obtaining affirmative relief. (Ord. No. 95-95-64, § 1, 2-12-96) Sec. 23-18. Reserved. Sec. 23-19. Tree conservation board. (a) There is hereby created an administrative body to be known as the tree conservation board composed of five (5) citizens of the city. Each member shall be appointed and approved by the city commission. An ex officio member shall be an individual trained in arboriculture, landscape architecture, forestry or some other closely related field. (b) All members of the board will serve without pay. The members shall be appointed as follows: Two (2) for two (2) years and three (3) for three (3) years and serve until their successors are duly appointed and approved by the city commission. Successors to the original members shall thereafter be appointed for terms of three (3) years. Vacancies caused by death, resignation, or otherwise shall be filled immediately for the expired term in the same manner as the original appointments are made. Members of the board may seek reappointment but they shall not serve more than two (2) consecutive terms. (c) Upon appointment and approval to the board, the members shall Inapt pnd org „ize, bar the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of regular and special meetings as the board shall deem advisable and necessary in order to carry out its responsibilities. (d) It is the intent that at least two (2) members of the board, if possible, be engaged in a business in the city. (e) The board shall: (1) Review applications for site clearing and removal and relocation of protected trees, and render a decision on applications within fifteen (15) calendar days of receipt of such application and prior to issuance of a permit by the director, as called for in this article. (2) Require mitigation of protected trees, as called for in this article. (3) Bring to the attention of the director any violations of this article and recommend appropriate action toward enforcement and correction, as provided in this article. (4) Review and make recommendations to the director on requests for modifications of the standards of this article. Supp. No. 17 1360 VEGETATION § 23-25 (f) The board shall hold public meetings twice monthly, or at other times established by the board, to review applications and to discuss issues and projects relevant to its responsi- bilities. (g) The board shall review, approve or deny requests for tree removal as called for in section 23-17 and may require mitigation of trees removed. In determining mitigation requirements, the board shall consider the following: (1) The existing tree canopy of the lot. (2) The tree canopy of the adjoining lots. (3) The topography of the lot. (4) The efforts of the applicant to minimize the loss of trees, through the size and design of the structure. (5) The cumulative effects of the tree loss. (6) Tree removals will be consistent with the intent of this article and will not be detrimental to the public welfare. (h) The board shall authorize or deny review, approve or deny requests for exceptions as called for in section 23-25. The board shall disseminate news and information to the public regarding the protection, maintenance, removal and planting of trees. The board shall prepare a list of trees suitable for planting street rights-of-way, parks, and other public places and certain private property as may be needed. (Ord. No. 95-95-64, § 1, 2-12-96) Secs. 23-20, 23-21. Reserved. Sec. 23-22. Inspections. The city shall have the authority to perform inspections of the subject property during development for the purpose of ensuring compliance with this article. The applicant must pass inspections before further work is performed on the project. (Ord. No. 95-95-64, § 1, 2-12-96) Secs. 23-23, 23-24. Reserved. Sec. 23-25. Exceptions. Requests for modification of the standards of this article shall be made to the tree conservation board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a decision within thirty (30) days. The request shall clearly and in detail state what modification or exception is being sought and the reasons such a request is warranted. The board may grant, modify or deny the request based on protection of the public's interest, preservation of the intent of this article, or possible unreasonable or unnecessary hardship involved in the case. (Ord. No. 95-95-64, § 1, 2-12-96) Supp. No. 17 1361 § 23-26 ATLANTIC BEACH CODE Secs. 23-26--23-35. Reserved. ARTICLE III. ACCUMULATION OF WEEDS* Sec. 23-36. Height of growth. No owner or person in control of any lot, place or area within the city, or the agent of the owner or person in control, shall permit on such lot, place or area, or upon any abutting area between the right-of-way line/property line, any weeds, grasses or other deleterious, unhealth- ful growth to exceed a height of twelve (12) inches. Exceptions to the provisions of this article shall apply to those properties located in undeveloped areas of the city which are at least twenty (20) feet from the nearest occupied residential or business property, and which are at least twenty (20) feet away from an adjoining right-of-way in which there is a paved street. (Ord. No. 55-82-19, § 1, 3-22-82) Sec. 23-37. Notice to cut, destroy, etc. The city manager or his designee annually or near the commencement of the growing season, shall notify by general publication in a newspaper published within the city, all such owners, persons in control, or agents to cut, destroy, or remove any such weeds, grass, growth or matter found growing, or located on such property. (Ord. No. 55-82-19, § 2, 3-22-82) Sec. 23-38. Action upon noncompliance. Upon the failure, neglect, or refusal of any such owner, person in control, or agent, so notified to cut, destroy or remove any such weeds, grass, growth, after publication of a notice provided in section 23-37 above, the city or its authorized agent shall cut, destroy or remove any weeds, grass, growth or matter, and any expense incurred by the city or its authorized agent in doing so shall be charged against the property owner, person in control, or agents so failing, which charge may be recovered; provided, that no land clearance made necessary by excessive growth shall be done unless the city or its authorized agent shall first post a notice on the property to clear the excessive growth and the owner, person in control, or agent shall have seven (7) days after such notice to so clear the land. (Ord. No. 55-82-19, § 3, 3-22-82) Sec. 23-39. Removal by city. If, within seven (7) days after posting of the notice and the condition described, the notice is not then remedied, the city manager shall cause the condition to be remedied by the city at the expense of the property owner. (Ord. No. 55-82-19, § 4, 3-22-82) *Cross reference—Refuse and garbage, Ch. 16. Supp. No. 17 1362 VEGETATION § 23-40 Sec. 23-40. Payment of charges, special assessment liens. After causing the condition to be remedied, the city manager or his designee shall certify to the finance department the expense incurred in remedying the condition, whereupon such expense, plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses, plus advertising costs, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at a rate of ten (10) percent per annum from the date of the certification until paid. (Ord. No. 55-82-19, § 5, 3-22-82) Supp. No. 17 1363 [The next page is 1403] Art. I. Art. II. Art. III. Art. W. Chapter 24 ZONING AND SUBDIVISION REGULATIONS* In General, §§ 24-1-24-15 Language and Definitions, §§ 24-16-24-30 Zoning Regulations, §§ 24-31-24-185 Div. 1. Generally, §§ 24-31-24-45 Div. 2. Administration, §§ 24-46-24-60 Div. 3. Application Procedures, §§ 24-61-24-80 Div. 4. General Provisions and Exceptions, §§ 24-81-24-100 Div. " 5. Establishment of Districts, §§ 24-101-24425 Div. 6. Planned Unit Development (PUD), §§ 24-126-24-150 Div. 7. Supplementary Regulations, §§ 24-151-24-175 Div. 8. Landscaping, §§ 24-176--24-185 Subdivision Regulations, §§ 24-186-24-258 Div. 1. Generally, §§ 24-186-24-200 Div. 2. Application Procedure, §§ 24-201-24-220 Div. 3. Required Improvements, §§ 24-221-24-230 Div. 4. Assurance for Completion and Maintenance of Improvements, §§ 24-231- 24-250 Div. 5. Design and Construction Standards, §§ 24-251-24-258 ARTICLE I. IN GENERAL Sec. 24-1. Adoption; authority. This chapter, together with all future amendments thereto, is adopted under the terms granted by the Charter. The city commission does hereby exercise the power to classify land within the jurisdiction of the city into zoning districts; to review, approve and/or disapprove requests to change zoning classifications, requests for exceptional uses, and requests for variances; to hear appeals on any decisions; and to review and approve and disapprove plats for subdivision of land. (Ord. No. 90-82-74, § 2(I, B), 7-26-82) Sec. 24-2. Purpose and intent. The purpose of this chapter and the districts and regulations herein set forth is to provide for orderly growth; to encourage the most appropriate use of land; to protect and conserve the *Cross references—Any ordinance amending the zoning map saved from repeal, § 1-5(9); buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising struc- tures, Ch. 17; streets, sidewalks and other public places, Ch. 19. State law reference—Local Government Comprehensive Planning Act, F.S. § 163.3161 et seq. Supp. No. 17 1403 § 24-2 ATLANTIC BEACH CODE value of property; to prevent the overcrowding of land; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, morals and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. Further: (1) In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the community. (2) It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter, or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Ord. No. 90-82-74, § 2(I, C), 7-26-82) Sec. 24-3. Jurisdiction. The provisions of this chapter shall apply to all lands, buildings, structures and to the uses within the jurisdiction of the city. No land, building or structure shall be moved, added to or enlarged, altered or maintained, except in conformity with the provisions of this chapter. (Ord. No. 90-82-74, § 2(I, D), 7-26-82) Sec. 24-4. Amendments. For the purpose of providing the public health, safety and general welfare, the city commission may, from time to time, amend the provisions imposed by this chapter. Public hearings on all proposed amendments shall be held by the city commission or planning board in the manner prescribed by law. (Ord. No. 90-89-74y § 2(T, n), 7_26_82) State law reference—Procedures for adoption of ordinances and resolutions, F.S. § 166.041. Secs. 24-5-24-15. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS* Sec. 24-16. Construction of language. The following rules of construction apply to the text of this chapter: (1) The particular shall control the general. (2) In case of any difference of meaning or implication between the text of this chapter and any caption or illustrative table, the text shall control. (3) The word "shall" is always mandatory and not discretionary. The word "may" is permissive. *Cross reference—Definitions and rules of construction generally, § 1-2. Supp. No. 17 1404 ZONING AND SUBDIVISION REGULATIONS § 24-168 (100) feet, indicating existing conditions and development for an additional area, including at least three hundred (300) feet from the boundaries of the tract, or such greater distance as may be indicated by the circumstances of the case. Existing natural features shall be indicated on the plan, as well as existing streets, easements, utility installations, lot lines and structures, with indications as to use. The plan will show, with dimensions, a properly organized and conveniently related arrangement of buildings; off-street parking and loading facilities; internal automotive and pedestrian circulation; entrances and exits to public streets and pedestrian ways; service areas and facilities; drainage; utility connections; landscaping; fences, hedges and walls; exterior lighting on the premises; size, location and orientation of signs; and relation to all safeguards for all property surrounding the street. If it is proposed that development will progress in stages, the plan shall include the stages and timing of development. (d) General conditions which may be attached. In reviewing the proposed site plan, the administrative official may condition approval on specified changes in the proposal. Where conditions are attached, approval will be withheld except upon written agreement by the applicant to conform to such conditions. In particular, where the site plan indicates potential adverse effects on neighboring property, the administrative official may require rearrange- ment of the plan, increased yard width, fences, hedges or walls. (e) Walls. When a lot in any nonresidential district abuts another lot, either to a side or to the rear, in a residential district, there shall be a louvered or solid masonry wall, or wood fence or shrubbery as approved by the administrative official, a minimum of five (5) feet in height, built and maintained along the line of abutment, constructed in such a manner that there is no visibility through the wall on a horizontal plane. The wall shall run the entire length of the line of abutment; except that a wall running along a side line shall be constructed three (3) feet in height from the setback point of the abutting residential district to the street or end of the line of abutment. The wall shall be constructed on the nonresidential property, and the height of the wall shall be measured from the final ground level of the nonresidential property, whether filled or not. (f) Lot requirements. The lot area, width and depth shall be sufficient to permit the construction of the principal and accessory buildings and paved parking areas in a design that does not interfere with the use of adjacent properties and which encourages safe and efficient vehicular ingress and egress to the adjacent street system while complying with the maximum lot coverage and parking requirements. (Ord. No. 90-82-74, § 2(III, H, 15), 7-26-82) Sec. 24-168. Temporary construction offices. Notwithstanding any other provisions of this chapter, a mobile home may be used as a temporary field office outside of a mobile home park after obtaining a permit for a period of time not to exceed six (6) months, at which time the permit may be renewed. A mobile home Supp. No. 17 1463 § 24-168 ATLANTIC BEACH CODE may be placed on public property within the city for the purpose of protecting such property, when approved by the city commission during a regular meeting, and providing that all other sections of this chapter are met when applicable to the location. (Ord. No. 90-82-74, § 2(III, H, 16), 7-26-82) Sec. 24-169. Tree removal or damage. The removal or damage of a tree shall be governed by article II of chapter 23. (Ord. No. 90-82-74, § 2(III, H, 17), 7-26-82) Sec. 24-170. Utility structures. Structures or uses required for public utilities such as gas, water, electric, sewage or telephone can be located within any district upon recommendation of the planning agency and approval of the city commission. (Ord. No. 90-82-74, § 2(III, H, 18), 7-26-82) Cross reference—Utilities generally, Ch. 22. Secs. 24-171-24-175. Reserved. DIVISION 8. LANDSCAPING* Sec. 24-176. Definitions. The following words and phrases, when used herein, shall have the meanings respectively ascribed to them: Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high, used to cover the ground. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Landscaping means any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls or fences). Mulch means nonliving organic materials customarily used in landscape design to retard erosion and retain moisture. Perimeter landscape means a continuous area of land which is required to be set aside along the perimeter of a lot in which landscaping is used to provide a transition between and to reduce the environmental, aesthetic, and other impacts of one type of land use upon another. *Editor's note—Ordinance No. 95-95-65, § 1, adopted December 11, 1995, amended Ch. 24, Art. III by adding §§ 24-186, 24-187.. Inasmuch as said sections already existed in the Code, such new provisions were codified herein as §§ 24-176, 24-177 at the discretion of the editor. Supp. No. 17 1464 ZONING AND SUBDIVISION REGULATIONS § 24-177 Shrub means a self-supporting woody perennial plant characterized by multiple stems and branches continuous from the base naturally growing to a mature height between two (2) and twelve (12) feet. (Ord. No. 95-95-65, § 1, 12-11-95) Sec. 24-177. Applicability; requirements; buffer and design standards; maintenance and protection; visibility. (a) Applicability. The provisions of this section shall be applicable to all commercial and industrial property development, as defined herein, or to the expansion orrenovation of any existing development, including property in government use. When the total expansion or renovation of existing development is equal to fifty (50) percent of the current assessed value of the parcel improvements, according to the property appraiser, or the total square footage of a structure is expanded to fifty (50) percent or greater, as well as any cumulative expansions totaling fifty (50) percent, then this section shall be applicable to existing development and the expansion. (b) Landscape plan required. (1) Prior to the issuance of any building permit for commercial or industrial [develop- ment], a landscape plan shall be filed with, reviewed by, and approved by the director. The landscape plan shall be prepared by either the owner or a licensed, registered landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Florida Statutes, Chapter 481, Part II (Landscape Architecture). (2) The landscape plan required hereunder shall be drawn to scale, including dimensions and distances, and shall: a. Delineate the vehicular use areas, access aisles, driveways, and similar features; b. Indicate the location of sprinklers or water outlets; c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part; d. Identify and describe the location and characteristics of all other landscape materials to be used; e. Show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of existing and proposed buildings and other improvements upon the site, if any; f. Include a tabulation clearly displaying the relevant statistical information necessary for the director to evaluate compliance with the provisions of this part. This includes gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the director may require; and Supp. No. 17 1465 § 24-177 ATLANTIC BEACH CODE g. Indicate all overhead and underground utilities located on the property and in the right-of-way adjacent to the property to which the landscape plan applies. This shall include overhead and underground electric service lines to all proposed buildings. (c) Vehicular use area interior landscaping requirements. (1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUA's) used for off-street parking, employee parking, auto service stations, service drives, and access drives within property located in commercial and industrial use zoning districts shall be landscaped. (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUA's used for storage areas for new, used or rental vehicles and boats; motor vehicle service facilities; motor freight terminals; and other transportation, warehousing and truck operations not generally open to the public shall be landscaped. (3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in such a manner as to provide visual relief from broad expanses of pavement and at strategic points to channelize and define vehicular and pedestrian circulation. Landscape areas shall contain the following: a. At least twenty-five (25) percent of the landscape areas shall be covered with shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be spaced on three-foot spacing. b. Not less than one (1) tree for every four thousand (4,000) square feet, or fraction thereof, of the VUA. (4) Each row of parking spaces shall be terminated by a landscape island with inside dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) feet long if a double row of parking. Each terminal island shall contain one (1) tree. Each side of the terminal island adjacent to a travel lane shall have a continuous six-inch high curb of concrete or other appropriate permanent material. (5) If it can be shown to the satisfaction of the director that the strict application of this section will seriously limit the function of the property, he may approve the location of the required interior landscape area near the perimeter of the VUA or adjacent to the building on the property, so long as the landscape area is within twenty (20) feet of the perimeter of the VUA. (d) Perimeter landscaping requirements. (1) Street frontage landscaping. All VUA's which are not entirely screened by an intervening building from any abutting dedicated public street or approved private street, to the extent such areas are not so screened, shall contain the following: a. A landscape area of not less than ten (10) square feet for each linear foot of VUA street frontage, fifty (50) percent of which shall be at least a five -foot -wide strip Supp. No. 17 1466 ZONING AND SUBDIVISION REGULATIONS § 24-177 abutting the street right-of-way except for driveways. The remaining required landscape area shall be located within twenty-five (25) feet of the street right-of-way. b. A durable opaque landscape screen along at least seventy-five (75) percent of the street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and preserved existing understory vegetation, or combination thereof, may be used so long as the screen is no less than three (3) feet high measured from the property line grade. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of street side frontage of walls or fences shall be landscaped with shrubs or vines. c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-way, for each fifty (50) linear feet, or fraction thereof, of VUA street frontage. The trees may be clustered, but shall be no more than seventy-five (75) feet apart. If an overhead power line abuts the street frontage, then the required trees reaching a mature height greater than twenty-five (25) feet shall be located at least fifteen (15) [feet] away from the power line. d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass, or mulch. e. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements; however, the gross area of the perimeter landscaping which exceeds the minimum requirements may be used to satisfy the interior landscape requirements. f. If a utility right-of-way separates the VUA from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply. (2) Perimeter landscaping adjacent to property lines. All vehicular areas which are not entirely screened by an intervening building from an abutting property, to the extent such areas are not screened, shall contain the following: a. A continuous landscape area at least five (5) feet wide between the VUA's and the abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass; b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart. c. A buffer wall between incompatible land uses as required by subsection (g), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. Supp. No. 17 1466.1 § 24-177 ATLANTIC BEACH CODE (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it may be used to satisfy the requirements of this section, so long as the existing landscape screen is abutting the common property line, and it meets all applicable standards of this section. (4) Driveways to streets. The maximum width of any driveway not containing a landscaped island through the perimeter landscape area shall be thirty-six (36) feet. The maximum width of any driveway containing a landscaped island through the perimeter landscape area shall be forty-eight (48) feet and the driveway shall contain a landscaped island which measures not less than eight (8) feet in width (from back of curb to back of curb), surrounded by a six-inch continuous raised curb, or other alternative approved by the director. In no event shall more than fifty (50) percent of any street frontage be paved, nor shall the provisions of this section be applied to reduce the permitted driveway width to less than twenty-four (24) feet. (5) Driveways to adjoining lots. Driveways may be permitted by the director to adjoining lots of compatible use. (6) If a joint driveway easement is provided between adjacent property, then the required perimeter landscaping for each property shall be provided between the drive and any other vehicular use areas. (e) Buffer standards relating to uncomplimentary land uses and zones. (1) Where uncomplimentary land uses or zoning districts are adjacent, without an intervening street, a buffer strip shall be required between the uses or zoning districts. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common boundaries. The following shall constitute uncomplimentary uses and zoning districts: a. Multiple -family dwelling use or zoning districts, three (3) or more attached units when adjacent to single-family dwelling(s) or lands zoned for single-family dwelling. b. Office use or zoning districts, when adjacent to single-family or multiple -family dwellings, mobile home parks or subdivisions or lands zoned for single-family or multiple -family dwellings, mobile home parks or subdivisions. c. Mobile home park use or zoning districts, when adjacent to single-family dwellings, multiple -family dwellings and office uses, or lands zoned for single- family dwellings, multiple -family dwellings or offices. d. Commercial and institutional uses or zoning districts, when adjacent to single- family dwellings, multiple -family dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multiple -family dwellings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or zoning districts other than agricultural land uses or zoning districts. Supp. No. 17 1466.2. ZONING AND SUBDIVISION REGULATIONS § 24-177 (2) Buffer material requirements shall be as follows: a. Trees. The total tree count required within the buffer strip shall be one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof. b. Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip. c. Visual screen. A visual screen running the entire length of common boundaries shall be installed within the buffer strip, except at permitted accessways. The visual screen may be a wood or masonry wall, landscaping, earth mounds or combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1). If a visual screen which satisfies all applicable standards exists on adjacent property abutting the property line or exists between the proposed development on the site and the common property line, then it may be used to satisfy the visual screen requirements. d. Prevailing requirement. Whenever parcels of land fall subject to both the perimeter landscaping requirements and the uncomplimentary land use buffer strip requirements of the article, ,the latter requirements shall prevail. e. Hardship. If the director determines that the construction of a landscape buffer area required by this article would create a hardship for the existing structures or vehicular use areas, the director may approve a buffer area with a width no less than five (5) feet, provided such buffer area meets the visual screening requirements of this article. (3) The buffer strip shall not be used for principle or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, [and/or] storage. Slopes within buffer strips shall not exceed four (4) to one (1). (f) Landscape design standards. (1) Minimum tree requirements shall comply with section 23-17(c). (2) A minimum of fifty (50) percent of all required trees shall be shade trees. (3) Trees required for vehicular use area landscaping may be used to fulfill the tree requirements of this section. (4) Standards for landscape materials. a. Plants and trees shall meet the criteria of chapter 23, section 23-17(e)(2)a. b. Fifty (50) percent of the trees can be nonshade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet overall height. Trees shall not be planted closer than two (2) feet from any pavement edge or right-of-way line, as measured from center of trunk. Shade trees shall not be planted closer than four (4) feet from any pavement edge or right-of-way line, as measured from center of trunk. c. Palms may be substituted for the required trees at the ratio of two (2) palms for each required tree or four (4) palms for each required shade tree. Palms shall be a minimum clear trunk height of eight (8) feet, measured from the ground level to the base of the palm. Supp. No. 17 1466.3 § 24-177 ATLANTIC BEACH CODE d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an opaque screen shall be no less than a three -gallon container [oil grown material or equivalent balled and burlap material. e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used on grass areas within street rights-of-way disturbed by construction, in swales, on slopes of four (4) to one (1) or greater, and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved. f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground cover planting areas and bare preserved natural areas. General cleanup. At the completion of work, construction trash and debris shall be removed and disturbed areas shall be fine -graded and landscaped with shrubs, ground cover, grass or two (2) inches of mulch. g. (g) Maintenance and protection of landscaping. (1) Maintenance. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to maintain required landscaped areas or to replace, within a reasonable period of time, required landscaping which is dead, irreparably damaged, or fails to meet the standards of this part, shall be deemed a violation of the zoning code. (2) Irrigation. To maintain the landscaping in a healthy condition, all landscaped areas shall be provided with an automatic irrigation system. (3) Tree pruning. Required trees shall be allowed to develop into their natural habit of growth. Trees may be pruned to maintain health and vigor by removal of dead, weak, damaged or crowded limbs, diseased and insect -infested limbs, and branches which rub other branches. (h) Intersection visibility. Where an accessway intersects with another accessway within a vehicular use area, where an accessway is located within a vehicular use area, or where an accessway intersects with a street right-of-way, cross visibility within the triangular areas described below shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. (Ord. No. 95-95-65, § 1, 12-11-95) Secs. 24-178-24-185. Reserved. Supp. No. 17 1466.4 ZONING AND SUBDIVISION REGULATIONS ARTICLE IV. SUBDIVISION REGULATIONS* DIVISION 1. GENERALLY § 24-186 Sec. 24-186. Purpose and intent. The public health, safety, comfort and welfare require the harmonious, orderly and progressive development of land. The subdivision of land is a vital step in the urbanization process and the progress of the community's development. Once land has been shaped into lots, blocks and streets, correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision, involving the maintenance of streets, drainage, utilities and other health facilities and the provision of, additional public services. As the general welfare, health, safety and convenience of the community are thereby directly affected by the use of land as a subdivision, it is in the interest of the public that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose and intent of this article is as follows: (1) To establish reasonable and equitable standards of subdivision design and procedures for the subdivision of land that will encourage stable communities and the creation of healthy living environments which preserve the natural beauty and topography and ensure appropriate development with regard to these natural features; (2) To ensure that public facilities and utilities are available and will have a sufficient capability and capacity to service land developments and their occupants; (3) To present traffic hazards and to require the provision of safe and convenient vehicular and pedestrian traffic circulation in land developments, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location widths and design of streets; (4) To coordinate the furnishing and establishment of streets, drainage and utilities in an orderly planned manner to ensure protection of the environment and promotion of the general welfare; (5) To increase safety from fire, flood and other danger; (6) To provide for adequate light, air privacy, and to prevent overcrowding of the land and undue congestion of the population; (7) To ensure proper legal descriptions and monumenting of subdivided land; (8) To prevent or reduce the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the jurisdiction of the city in order to preserve the integrity, stability and beauty of the community and the natural value of the land; *State law reference—Platting, F.S. § 177.011 et seq. Supp. No. 17 1466.5 § 24-186 ATLANTIC BEACH CODE (9) To provide for open spaces and recreational areas through the most efficient design and layout of the land; (10) To guide the future growth and development of the city, in accordance with the comprehensive plan and article III of this chapter. (Ord. No. 90-82-74, § 2(IV, A, 1), 7-26-82) Sec. 24-187. Waiver. (a) General. Where the city commission finds that undue hardship to unreasonable practical difficulties may result from strict compliance with this article, the city commission may approve a waiver to the requirements of this article if the waiver serves the public interest. (b) Conditions of waiver. An applicant seeking a waiver will submit to the city commission a written request for the waiver stating the reasons for the waiver and the facts which support the waiver. The city commission shall not approve a waiver unless it determines as follows: (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the article is carried out; (2) The granting of the waiver will not be injurious to the other adjacent property; (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the applicant; (4) The waiver is consistent with the intent and purpose of article III of this chapter, the comprehensive plan and the requirements of this article. If the city commission approves a waiver, the city commission may attach such conditions to the waiver as will assure that the waiver will comply with the intent and purpose of this article. (Ord. No. 90-82-74, § 2(IV, A, 2), 7-26-82) Sec. 24-188. Resubdivision of land. (a) Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if the change affects any street layout shown on such a map, or any area reserved thereon for public use, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, the parcel shall be approved by the city commission by the same procedure, rules and regulations as for a subdivision. (b) Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land and there are indications that the lots will eventually be resubdivided into small building sites, the city commission may require the allowance for future opening of Supp. No. 17 1466.6 ZONING AND SUBDIVISION REGULATIONS § 24-202 streets and the ultimate extension of adjacent streets on that parcel of land. Easements providing for the future opening and extension of the streets may be made a requirement of the plat. (c) Combination, or recombination of previously platted lots. No combination or recombi- nation of portions of previously platted lots is permitted when new parcels or residual parcels smaller than any of the original lots are created, unless otherwise permitted under townhouse regulations, or, except on approval of the city commission, when the recombination of lots will reduce density otherwise permitted and further provided that the square footage of any such recombined lot shall not be less than five thousand (5,000) square feet. Upon approval of the city commission lots which fall under the definition of double frontage lots, except lots having frontage on the Atlantic Ocean, may be combined or recombined where residual parcels smaller than any of the original lots are created provided that after such division is accomplished, the residual lots can meet the required lot area, lot width, and all required front, rear, and side yard setbacks. (Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83; Ord. No. 90-87-127, § 1, 1-11-88; Ord. No. 90-88-136, § 1, 10-24-88) Sec. 24-189. Vacation of plats. An applicant may apply for the vacation of any plat or any part of any plat at any time before the sale of any lot therein, by a written instrument, to which a copy of the plat shall be attached requesting the same to be vacated. (Ord. No. 90-82-74, § 2(IV, A, 3), 7-26-82; Ord. No. 90-83-82, § 1, 12-12-83) Secs. 24-190-24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the office of the clerk until the plat has been approved by the city commission under the provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the city commission. No changes, erasures, modifications or revisions shall be made in any plat, approval by the city commission without the consent of the city commission. (Ord. No. 90-82-74, § 2(IV, B, 1), 7-26-82) Sec. 24-202. Plat review procedure. There are three (3) stages of review for plat approval: the concept plan review, the preliminary plat review, and the final plat approval. The administrative official shall check each stage of review for consistency with the comprehensive plan and article III of this Supp. No. 17 1466.7 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 2 6-18(3), (4) 35-92-7 10-12-92 1 2-315 80-92-50 10-12-92 1 22-42, 22-43 25-92-23 11- 9-92 1 6-16 6-31 6-56 6-76 6-91 6-120 6-141 6-161 7-16(a) 80-92-51 11-23-92 1 Rnbd 22-16-22-21 As 22-14-22-19 2 22-20-22-29 3 22-166-22-174 55-92-27 1-11-93 1 16-8 65-93-22 1-25-93 1 19-3 5-93-23 2- 8-93 1 2-317 2 2-368 10-93-17 2- 8-93 1 3-2 35-93-8 2- 8-93 1 2-318 57-93-19 2- 8-93 1 2-63 95-93-55 3- 8-93 1, 2 18-18, 18-19 33-93-5 3-22-93 1 2-21 95-93-57 6-28-93 1 4-7(b) 95-93-58 6-28-93 1 18-1-18-9 70-93-11 7-26-93 1 20-51 25-93-24 9-13-93 1 6-35(c) 2 6-60 58-93-19 9-27-93 1 2-271 80-93-52 9-27-93 1 22-1, 22-2 5-93-24 10-25-93 1 2-368 58-93-19A 10-25-93 1 2-276(b) 2-279(a) 2-281 2-298(a), (b) 25-93-25 12-13-93 1 6-61 5-94-25 1-24-94 1 2-226 45-94-11 6-27-94 1 20-51 2 20-59 60-94-8 7-25-94 1 Added 17-1 Rnbd 17-1 As 17-1.1 95-94-61 9-12-94 1 18-1-18-9 80-94-53 11-28-94 1 22-74 2, 3 22-90, 22-91 4 Added 22-92 10-94-19 12-12-94 1 3-11 Supp. No. 17 1997 ATLANTIC BEACH CODE Ordinance Adoption Section Number Date Section this Code 25-95-26 2-13-95 1 6-31 80-95-55 2-27-95 2 22-20 22-22 Added 22-27.1 3 22-166, 22-167 22-174 55-95-29 5- 8-95 1 16-1-16-16 58-95-20 6-12-95 1 2-279(a) 25-95-27 7-10-95 1 6-17 2 Added 6-23(h)(5) 3 6-35(c) 6-60 35-95-9 9-25-95 1 2-73 95-95-65 12-11-95 1 Added 24-176, 24-177 5-95-26 1- 8-96 1 2-41 95-95-64 2-12-96 1 23-15-23-17 23-19 23-22 23-25 58-96-21 2-12-96 1 2-279(a), (b) 2-298(a) Added 2-298(d) Added 2-299 80-96-57 2-12-96 1 22-29 2 22-174 [The next page is 2043] Supp. No. 17 1998 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 matters. F.S. Section F.S. Section Section this Code Section this Code 1.01 1-2 Char., § 57 13-201 Ch. 9(note) Char., § 59 23.011 Ch. 14(note) 21-302(9) 60.05 2-168, 2-169 Ch. 166, Pt. II Char., § 45 Ch. 12(note) Char., § 60 Ch. 98 Char., § 38 166.031 Char., § 79 98.211 Char., § 53 166.041 Char., § 18 100.181 Char., § 41 24-4 100.361 Char., § 56 166.101 Ch. 2, Art. VII Ch. 101 Char., § 42 (note) Ch. 112, Pt. III Char., § 66 166.201 Ch. 2, Art. VII 112.061 Ch. 2, Art. VII, (note) Div. 3(note) Ch. 20(note) 112.65 2-285 166.231 Ch. 20, Art. II 112.311 Ch. 2, Art. II (note) (note) 166.241 2-311 Ch. 119 Char., § 65 166.0425 Ch. 17(note) Ch. 2(note) Ch. 170 Ch. 19(note) Ch. 161 Ch. 5(note) Ch. 175 2-272 161.041 6-20(b)(3) 175.101 20-77 161.053 6-20(b)(3) Ch. 177 24-205 6-21(e), (r) 177.27(15) 6-21(j) Ch. 162 Ch. 2, Art. V, 177.011 Ch. 24, Art. IV Div. 2(note) (note) 162.02 2-146 177.041 24-205 162.05 2-141, 2-142 177.091 24-256 162.05(4) 2-145 Ch. 180 Ch. 19(note) 162.07 2-143, 2-144 Ch. 185 2-272 162.08 2-148 185.08 20-76 162.09 2-149 Ch. 192 Ch. 20(note) 162.10 2-150 193.116 Char., § 58 162.11 2-151 Ch. 205 Char., § 58 Ch. 163 Char., § 59 Ch. 20, Art. III 14-1(a) (note) 21-302(15) 205.022 20-51 163.3161 Ch. 14(note) 205.042 20-52 Ch. 24(note) 205.043(2) 20-57 163.3174 14-22 205.043(3) 20-57 163.3178 6-27 205.053 20-54 Ch. 166 Charter(note) 205.053(1) 20-53 Char., § 4 205.063 20-58 Supp. No. 17 2053 F.S. Section 205.196 Ch. 218 218.33 253.12 286.011 309.01 Ch. 316 316.008 316.008(1)(a) 316.195 316.1945 316.2045 320.823 Ch. 327 335.075 Ch. 367 Ch. 369 Ch. 372 Ch. 373 381.uS1(1)(g)1 381.031(g)3 381.261 Ch. 386 403.0893 403.413 403.415 413.08 Ch. 469 Ch. 479 Ch. 481, Pts. I, II Ch. 489 Ch. 496 496.01 ATLANTIC BEACH CODE Section F.B. this Code Section 20-59 Ch. 2, Art. VII (note) 2-311 Ch. 5(note) Char., § 14 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 Ch. 6, Art. VI (note) Ch. 22(note) Ch. 12(note) 21-302(9), (10) 5-4 16-7 Ch. 11(note) Ch. 3, Art. II(note) Ch. 6, Art. IV (note) Ch. 17(note) 20-59 24-177(b)(1) Ch. 6(note) 18-4(g)(6) 20-59 Ch. 18(note) Supp. No. 17 2054 Ch. 513 513.01 Ch. 514 Ch. 552 Ch. 553 553.01 553.15 553.70 Chs. 561-568 561.01 562.14(1) 562.45(2) 590.12 Ch. 633 633.35 633.121 Ch. 650 650.02 650.05 Ch. 705 705.16 Ch. 760 760.20 760.22 760.23 760.24 760.25 760.29 760.37 Ch. 767 768.28 Ch. 790 790.15 Ch. 791 806.13 Section this Code Ch. 10(note) 10-1 Ch. 6, Art. VI (note) Ch. 7(note) Ch. 6(note) 6-21(p) Ch. 6, Art. IV(note) Ch. 6, Art. III(note) Ch. 6, Art. II(note) 3-1 Ch. 3(note) 3-2 3-2 3-4-3-6 Ch. 7(note) Ch. 7(note) 2-263 Ch. 7(note) Ch. 2, Art. VI, Div. 2(note) 2-241 2-241 Ch. 2, Art. VI, Div. 2(note) Ch. 15, Art. II(note) 2i-24 Ch. 2, Art. II(note) Ch. 9(note) Ch. 9, Art. II(note) 9-16 9-17 9-18 9-22 9-23 9-24 Ch. 3, Art. II(note) 4-26 2-1(b)(1) 15-22(g)(3) 13-3 Ch. 7(note) 6411 STATUTORY REFERENCE TABLE F.S. Section Section this Code 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 876.05 Char., § 68 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) 943.14 2-263 943.22 2-262 943.25(8)(a) 15-1 [The next page is 2081] Supp. No. 17 2055 CODE INDEX Section BEACHES—Cont'd. Motorized boats or other apparatus Operation of within 200 feet of beach 5-7 Operation of motorized apparatus within 200 feet of beach. , 5-7 Parking of sailboats not to obstruct lifeguard activities ... , . 5-6 Parks, playgrounds and recreation. See also that subject Picnicking 5-3 Safety zone Barricade 5-18 Establishment; hours and periods of use 5-16 Use of vehicles and riding of animals prohibited.......: 5=17 Sailboats Parking not to obstruct lifeguard activities 5-6 Surfboards 5-5 Undressing or changing clothes 5-2 Vehicles Safety zone Use of vehicles prohibited 5-17 BEAUTIFICATION Community development board Duties of board re beautification of city ............ . ...:... BELLS Noise. See also that subject Ringing handbells, etc., in public places generally.. BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES MPLOYEES 14-20(7) 11-2 BIDS, BIDDING Purchasing .. 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds.. 4-4 BITES Dog bites, etc 4-28, 2-29 BLOCKS Subdivisions Design and construction standards .......... . .............. 24-254 BLOWERS OR POWER FANS Muffling of 11-7 Supp. No 17 2107 ATLANTIC BEACH CODE Section BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See: RECREATIONALVEHICLES BOATS Beach regulations Operation of motorized apparatus within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities ... 5-6 BOND ISSUES Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BONDS, MAINTENANCE Subdivisions, assurance for completion and maintenance of improvements ....... ................................. 24-233 BONDS, PERFORMANCE Purchasing, bid procedure Performance and labor and material payment bonds 2-335(c) BONDS, PERSONAL Subdivision developers Personal bond with letter of credit 24-232(a)(3) BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 Subdivision developers, surety bond to be furnished 24-232(a)(4) BOOKS Obscene matter prohibited 13-6 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal Director of finance's duties re See also: FINANCES 1-5 2-76 BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 See: CODE ENFORCEMENT BOARD 2-146 Supp, No. 17 2108 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS—Cont'd. Housing code Adoption 6-120 Swimming pool enclosures. roofed Compliance with building code 6-92 Wastewater system, building sewers and connections Conformance with building code 22-106 Zoning regulations, construction within the districts Structures to comply with building code 24-66(b) Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Building permits Coastal construction 6-20 Zoning regulations Administrative official's powers and responsibilities 24-47(7) Provisions generally 24-65 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Coastal construction code 6-18 et seq. See: COASTAL CONSTRUCTION CODE Community development board 14-16 et seq. See: PLANNING Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Garbage and trash provisions Removal of lot clearing, contractors' debris; oil and grease 16-12 Housing code Adoption 6-120 Loitering, sleeping, etc., in public buildings 13-2 Mechanical code 6-76, 6-77 Noise provisions Building operation at night 11-6 Nuisances. See also that subject Abandoned building rubbish, material, etc 12-1(b)(7) Permitting buildings to become dangerous, unsafe, etc12-1(b)(8) Structurally unsound structures, etc. 12-1(b)(6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Supp. No. 17 2109 ATLANTIC BEACH CODE Section BUILDINGS AND BUILDING REGULATIONS—Cont'd. Street numbering districts designated 6-109 Subdivision regulations, design and construction stan- dards Street names and house numbers 24-252(j) System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Subdivisions Design and construction standards, lots building setback lines 24-255(0 Swimming pool code 6-91, 6-92 Temporary construction trailers, structures, etc. Zoning regulations ....................... . .............. . ..... . 25-66 et seq. See: ZONING Zoning regulations 24-31 et seq. See: ZONING Wastewater system Sewer system extensions, construction 22-192, 22-195 Water service Temporary service for construction work 22-17 Water shortages Permitting water to be used from fire hydrants for con- struction work 22-39(e)(4) BURIAL OF GARBAGE Solid waste provisions 16-6 DTTQ 'Q Stopping, standing or parking buses or commercial vehicles 21-22 Zoning regulations Temporary residence 24-82(h) BUSINESS TRUSTS Definition of "person" to include business trusts 1-2 C CAMPERS. See: RECREATIONAL VEHICLES CANALS. See: WATERCOURSES, WATERWAYS CARNIVALS Water service, temporary 22-17 CARPORTS Zoning regulations Accessory uses by zoning district Supp. No. 17 2110 24-151(b)(1) CATS Regulated CODE INDEX See: ANIMALS AND FOWL Section 4-21 et seq. CEMETERIES Definition of "public place" to include cemeteries 1-2 CERTIFICATES Electricians, certificates of competency Plumbers, certificates of competency Subdivisions Assurance for completion and maintenance of improve- ments Issuance of certificate of completion CESSPOOLS Constructing 6-32 6-57 24-235 22-73 CHARITABLE CONTRIBUTIONS City funds use for prohibited 2-2 CHARITABLE SOLICITATIONS. See: SOLICITORS, PED- DLERS, ETC. CHARTER Defined 1-2 CHICKENS. See also: ANIMALS AND FOWL Keeping chickens or poultry 4-7 CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILD CARE CENTERS Zoning regulations 24-152 CHILDREN. See: MINORS CHILDREN PLAYHOUSES Zoning regulations Accessory uses by zoning district 24-151(b)(1) CHIMNEYS Zoning regulations Height limitations ............................................. 24-156(b) CHURCH SPIRES Zoning regulations Height limitations 24-156(b) Supp. No. 17 2111 ATLANTIC BEACH CODE Section CHURCHES Alcoholic beverage establishments, location of 3-6 Noise provisions Interfering with churches 11-10 Zoning regulations 24-153 CIRCUSES Water service, temporary 22-17 CITY ATTORNEY Code enforcement board City attorney shall be counsel to board, etc 2-145 CITY COMMISSION Community development board Certification of plans and recommendations to commission 14-21 Duties re commission 14-20 Defined 1-2 Members appointed by 14-17 Mayor -commissioner Old -age and survivors insurance Execution of agreements by mayor -commissioner 2-242 Meetings Rules of conduct and procedure at 2-19 Special meetings, calling 2-17 Time and place of regular meetings 2-16 Quorum 2-18 Resignation from office; election procedures 2-21 Salary 2-20 Zoning regulations, responsibility of commission 24-46 CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES CITY OF ATLANTIC BEACH Defined 1-2 CLOTHING Beaches. See also that subject Undressing or changing clothes COASTAL CONSTRUCTION CODE Definitions 6-21 Location 6-26 Public access 6-27 Purpose 6-19 References 6-28 Scope; applicability 6-20 Structural requirements General provisions 6-22 Major structures 6-23 Minor structures 6-25 Supp. No. 17 2112 CODE INDEX COASTAL CONSTRUCTION CODE—Cont'd Nonhabitable major structures Title COCAINE. See: DRUGS Section 6-24 6-18 CODE ENFORCEMENT BOARD Appeals 2-151 City attorney Counsel to board, etc. 2-145 Clerical and administrative personnel 2-144 Compensation of members 2-141 Created, composition 2-141 Hearings 2-147 Minutes of hearings 2-144 Power of board re hearings 2-148 Jurisdiction 2-146 Lien, penalties 2-149 Duration of lien 2-150 Meetings 2-143 Power of board to adopt rules for conduct of meetings 2-148 Membership 2-141 Minutes of hearings 2-144 Officers, election of 2-143 Penalties; lien 2-149 Duration of lien 2-150 Powers 2-148 Procedure; hearings 2-147 Quorum 2-143 Removal, filing vacancies 2-142 Terms of members 2-141 Vacancies, filling 2-142 CODE OF ORDINANCES* Amendments to code 1-9 Certain ordinances saved from repeal 1-5 Definitions and rules of construction 1-2 Effect of code on prior acts or rights 1-6 Effect of repeal of ordinances 1-7 General penalty; continuing violations 1-11 Headings and catchlines 1-3 History notes and references 1-4 How code designated and cited 1-1 Repeal Certain ordinances saved from repeal 1-5 Effect of repeal 1-7 *Note—The adoption, amendment, repeal, omissions, effective date, expla- nation of numbering system and other matters pertaining to the use, construc- tion and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 17 2113 ATLANTIC BEACH CODE Section CODE OF ORDINANCES—Cont'd. Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL VEHICLES Stopping, standing or parking buses or commercial vehicles 21-22 Zoning regulations Storage and parking of vehicles in residential districts ... 24-163 COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMMUNITY FACILITIES Zoning regulations, planned unit development (PUD) 24-136 COMPREHENSIVE PLAN Provisions re 14-1 CONDEMNATION Garbage and trash containers inspection 16-3(c) CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Tree protection regulations generally 23-15 et seq. See: TREES AND SHRUBBERY Waterworks system Water shortages, conservation 22-39 CONSTRUCTION Buildings and building regulations. See that subject Subdivision regulations 24-204(e) et seq. See: SUBDIVISIONS CONTRACTS AND AGREEMENTS Certain ordinances saved from repeal 1-5 Garbage and trash provisions Existing contracts with other than city franchisee 16-9 Removal of lot clearing, contractors' debris; oil and grease 16-12 Solid waste collection 16-2 When contracts and expenditures prohibited 2-314 Supp. No. 17 2114 CODE INDEX CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation COUNTY. See: DUVAL COUNTY COURTS Confiscated or lost property Provisions re county court Noise Interfering with court Police training Additional court costs assessed for Section 1-2 15-16 et seq. 11-10 15-1 COWS, CATTLE Maintaining stable 4-7 CROSSWALKS Abandoned, wrecked, junked, etc., vehicles Leaving unattended on crosswalk 21-25(a)(1) Stopping, standing or parking vehicle on or within cross- walks 21-17(5), (6) CRUELTY TO ANIMALS Generally 4-5 CURFEW Provisions re minors in public places 13-153 et seq. See: MINORS D DANCING Zoning regulations Establishments offering dancing or live entertainment DEATHS OF CITY EMPLOYEES Retirement system provisions See also: OFFICERS AND EMPLOYEES 24-155 2-283, 2-284 DEFACING PROPERTY, ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Streets, sidewalk,: and other public places Digging into, defacing, etc., streets, avenues, driveways, etc 19-2 DEMOLITION Zoning regulations Supp. No. 17 2115 ATLANTIC BEACH CODE Section DEMOLITION—Cont'd. Construction within the districts Demolition to comply with building and related codes24-66(b) DENSITY OF LOTS, POPULATION, ETC. Zoning regulations 24-82(d) et seq. See: ZONING DEPARTMENTS AND OTHER AGENCIES OF CITY Board of trustees of city employee's retirement system 2-264 et seq. See: OFFICERS AND EMPLOYEES City commission 2-16 et seq. See: CITY COMMISSION Code enforcement board 2-141 et seq. See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Definition 1-2 Department of finance 2-71 et seq. See: FINANCES Department of public works 2-79 et seq. See: PUBLIC WORKS AND IMPROVEMENTS Fire department 2-61 et seq. See: FIRE DEPARTMENT Lifeguard division 2-63 Local planning agency 14-22 Nuisance control board 2-161 et seq. See: NUISANCES Police department 2-51 et seq. See: POLICE DEPARTMENT '23 '19 Treel:uIthery *biuU WailU u'i° Zoning community development board 24-49 Zoning, planning agency 24-48 DERRICKS Noise provisions Building operations at night 11-6 DEVELOPMENT Community development board 14-16 et seq. See: PLANNING Planning unit development (PUD) 24-126 et seq. See: ZONING Subdivision regulations 24-186 et seq. See: SUBDIVISIONS Zoning regulations 24-31 et seq. See: ZONING DISABLED PERSONS City employees retirement system Disability retirement 2-279, 2-280 See also: OFFICERS AND EMPLOYEES Supp. No. 17 2116 CODE INDEX DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc. Section 14-20(12) DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING DISEASES, DISEASE CONTROL Rabies 4-1 et seq. See: ANIMALS AND FOWL DISTRICTS Community development board Replanning, reconstructing, etc., of districts damaged by fire, earthquake, etc. 14-20(12) Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Zoning districts 24-101 et seq. See: ZONING DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally Nuisance animals 4-27 4-6 DOGHOUSES Zoning regulations Accessory uses by zoning districts 24-151(b)(1) DOGS Regulated 4-21 et seq. See: ANIMALS AND FOWL DOORS AND WINDOWS Signs and advertising structures Obstructing doors and windows 17-6 Signs, posters, etc., prohibited on windows, doors, etc 17-8 DRAINAGE Mobile home parks and recreational vehicle parks Designed for drainage of surface water 10-2 Nuisances Allowing or permitting stagnant water to accumulate upon surface of ground 12-1(b)(4) Discharge of water from water -source heat pumps into storm drainage systems 12-1(b) Abatement of nuisances, etc. See: NUISANCES Supp. No. 17 2116.1 ATLANTIC BEACH CODE DRAINAGE—Cont'd. Sewers Building sewers and connections Foundation drains, surface runoff, etc. Discharging groundwater, subsurface drainage, etc., into sanitary sewers Zoning regulations Planning unit development (PUD) Design and construction of facilities to prevent erosion, etc. Section 22-108 22-127 24-136(d) DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(a)(1) Supp. No. 17 2116.2 CODE INDEX Section INSURANCE City employees retirement system Insurance coverage for retirants and beneficiaries 2-293 Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Signs and advertising structures Liability insurance required for certain signs 17-3 Wrecker service liability insurance 21-53 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(a)(1) Signs and advertising structures Obstructing vision or view 17-5 Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) Subdivisions Design and construction standards Intersections of right angles 24-252(f) Property lines rounded at intersections 24-252(g) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking, storing or leaving of junked vehicles 21-24 et seq. See: TRAFFIC L LAKES. See: WATERCOURSES, WATERWAYS LANDSCAPING Zoning regulations Planned unit development (PUD) 24-135(0 LAWNS Waterworks system Water shortages; irrigation of lawns 22-39 LEASHING DOGS Provisions re 4-25 LEAVES AND GRASS CLIPPINGS Solid waste collections and disposal 16-5 Supp. No. 17 2127 ATLANTIC BEACH CODE Section LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Charitable solicitations 18-2 et seq. See: SOLICITORS, PEDDLERS, ETC. Coastal construction 6-20 Development permit 8-23 et seq. See: FLOOD HAZARD AREAS Digging up streets Permit required of public utilities 19-2 Electrical permits 6-35 et seq. See: ELECTRICAL CODE Garbage and trash collection, removal, etc. Permit for 16-6 Licensed master electricians 6-33 et seq. Loudspeakers equipment, permit for operation of 11-8 Mechanical permits 6-77 Occupational license tax 20-51 et seq. See: TAXATION Parades and processions, permits for 21-2 Plumbing permit 6-58 et seq. See: PLUMBING CODE Private wastewater disposal, permits 22-88 Public address or loudspeaker equipment, permit for opera- tion of 11-8 Residential parking sticker program; permits re 21-27 Sign permits 17-31 et seq. See. SIGNS AND n,DVE TYSTNC STRUCTURES Subdivisions Construction permits 24-206 Tree protection re 23-17 Zoning Building permits 24-47(7), 24-65 Implementation of planned unit development Permits required 24-134(d) Permits for temporary construction trailers or structures 24-66 LIENS Code enforcement board, provisions re liens Weeds, cost for removal Special assessment liens 2-149, 2-150 23-40 LIFE GUARD DIVISION Division of fire department 2-63 LIFEGUARDS Beaches. See also that subject Supp. No. 17 2128 CODE INDEX LIFEGUARDS—Cont'd. Parking of sailboats not to obstruct lifeguard activities... LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises.... ..... .. ..... . ....... .. Supp. No. 17 2128.1 Section 5-6 3-9 CODE INDEX Section NUISANCES—Cont'd. Animals and fowl, nuisance provisions 4-4 et seq. See: ANIMALS AND FOWL Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enumerated 12-1 Notices, hearings, abatement of conditions 12-2 Nuisance control board Certificate of appointment or reappointment 3-164 Chairman and vice chairman, designation of 2-163 Complaints 2-167 Created 2-161 Declaration of public nuisance 2-167 Hearings 2-167 Membership 2-162 Permanent injunctions 2-168 Removal 2-162 Restrictions 2-169 Public sewers, use of Prohibited discharges creating public nuisance 22-129(2) Signs not kept in good condition, state of repair, etc., consti- tutes public nuisance 17-7 Violations, penalty 12-3 Zoning regulations Establishments offering dancing or live entertainment, creation of nuisance 24-155 NUMBER Defined 1-2 NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS Subdivisions Design and construction standards Street names and house numbers 24-252(j) NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehi- cle parks 10-2(7) 0 OATH Code enforcement board's power to take testimony under oath Defined Supp. No. 17 2133 2-148 1-2 ATLANTIC BEACH CODE Section OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite obstructions, creating obstructions, etc 21-25 Lifeguard activities at beaches Parking of sailboats not to obstruct 5-6 Obstructing access to public buildings, etc. 13-2 Obstructing free passage over streets, sidewalks or other public ways 19-1 Ocean beach, safety zone Maintaining suitable obstructions or barricades 5-18 Public sewers, use of Discharges causing obstructions to flow iti sewers 22-129(4) Signs and advertising structures Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view 17-5 Signs interfering with use of streets and sidewalks 17-4 Stopping, standing or parking vehicles alongside or opposite any street excavation or obstruction 21-17(7) Zoning regulations Obstructions in yards 24-84 OCEAN BEACH Safety zone of Ocean Beach 5-16 et seq. See: BEACHES OCCUPATIONAL LICENSE TAX i,,,. 1:3 _„ 9A -C1 of Qory See: TAXATION ODORS Garden trash giving off offensive odors 16-7 Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5) Public sewers, use of Limitations on discharge concentrations or quantities Waters or wastes containing odor -producing substances 22-130(6) OFFENSES Miscellaneous offenses and regulations 13-1 et seq. Specific penalties, remedies, etc. See specific offenses as indexed alphabetically according to subject OFFICERS AND EMPLOYEES Animal control officer 4-1 Benefits of employees 2-241 et seq. See also herein specific subjects Birthday, employees 2-226 Supp. No. 17 2134 CODE INDEX Section OFFICERS AND EMPLOYEES—Cont'd. Board of trustees of city employee's retirement system. See herein: Retirement System Building official 6-108 et seq. See: BUILDINGS AND BUILDING REGULATIONS Chief of fire department 7-17 et seq. See: FIRE DEPARTMENT Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Holiday schedule 2-226 Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-242 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited 2-295 Benefit groups 2-263 Benefit limitations and required distributions 2-299 Supp. No. 17 2134.1 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES—Cont'd. Board of trustees Actuarial data; report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings, quorum, voting 2-269 Responsibilities and duties generally 2-264 Term of office; oath of office 2-267 Vacancy, filling 2-268 Voting 2-269 Chairperson, secretary, treasurer, etc 2-270 Compulsory separation from employment; extensions; re- tirement 2-277 Created, purpose 2-261 Supp. No, 17 2134.2 CODE INDEX Section POLES AND WIRES—Cont'd. Zoning regulations Height limitations for flagpoles, etc 24-156(b) POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc 22-72 POWER FANS Muffling of 11-7 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Supp. No. 17 2139 ATLANTIC BEACH CODE Section PROPERTY—Cont'd. Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 PUBLIC ADDRESS OR LOUDSPEAKER SYSTEMS Noise provisions 11-8 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public services Appointment, compensation 2-80 Duties generally 2-81 Division cries Appointment, compensation 2-82 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL Supp. No. 17 2140 CODE INDEX Section SUBDIVISIONS—Cont'd. Street signs, traffic signs, etc. Required improvements 24-221 Streets Design and construction standards. See also herein that subject Construction plans and specifications, generally 24-251(5) Generally 24-252 Lots, street access 24-255(d) Required improvements 24-221 Traffic signs and signals Required improvements 24-221 Utilities Construction plans, specifications and permits Sewer and water commitment 24-206(c) Easements Design and construction standards 24-253 Required improvements 24-221 Vacation of plats 24-189 Waiver 24-187 Water, water system, etc. Application for water service in new subdivisions 22-37 Construction plans, specifications and permits Sewer and water commitment ....... . 24-206(c) Required improvements Water system 24-258 Water system, water management facilities 24-221 Wells Design and construction standards Lots, provisions re septic tanks or wells 24-255(b) Zoning regulations 24-31 et seq. See: ZONING SUBPOENAS Code enforcement board's power to subpoena witnesses, records, etc. 2-148 SUPPLEMENTATION OF CODE Revisions re 1-10 SURETY BOND. See: BOND, SURETY SURFACE WATER. See: DRAINAGE SURFBOARDS Beaches, provisions re using or riding surfboards 5-5 SURVEYS Community development board Special survey work of city manager 14-20(10) Supp. No. 17 2151 ATLANTIC BEACH CODE SURVEYS—Cont'd. Code enforcement board's power to subpoena surveys, plats, etc. 2-148 SWIMMING Beach regulations 5-1 et seq. See: BEACHES Section SWIMMING POOL CODE Adoption 6-91 SWIMMING POOLS Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Enclosed or roofed pools to comply with building code and zoning regulations 6-92 Water shortages Filling swimming pools 22-39(e)(3) Zoning regulations Accessory uses by zoning districts 24-151(b)(1) Supplementary regulations 24-164 SYNDICATES Definition of "person" to include syndicates 1-2 T TAXATION Certain ordinances saved from repeal ......... 1-5 Code enforcement board's jurisdiction re 2-146 See. CIODP. FNFnRPFMENT r.cu J, Insurance premium taxes Casualty risks 20-76 Payment date 20-78 Property insurance 20-77 Occupational license tax Business falling under more than one classification 20-55 Compliance by licensees 20-56 Definitions 20-51 Due date and delinquencies; penalties 20-54 Exemptions 20-58 Half-year licenses 20-53 Inspections 20-52.1 Levy 20-52 Operating at more than one location 20-55 Schedule of fees 20-59 Transfer 20-57 Public service tax Duty of seller to collect tax and pay same to city 20-17 Exemption of governmental agencies and churches 20-19 Failure of seller to collect tax 20-17 Supp. No. 17 2152 CODE INDEX Section TAXATION—Cont'd. Imposed, amount 20-16 Nonpayment of tax Authority of seller to discontinue service 20-17 Payment to be made to seller 20-16 Records to be kept by seller 20-18 Inspection of records by city agents 20-18 Telephone service Duty of seller to collect 20-33 Exemptions 20-32 Levy; when payable 20-31 Monthly payments; computation of tax 20-36 Records to be kept by seller 20-34 Inspector, transcripts 20-34 Telephone calls, limitation as to 20-35 Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Noise in public places generally Stopping, standing or parking commercial vehicles 11-2 21-22 TELEPHONE OR TELEGRAPH POLES Signs, posters, etc., prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TELEVISION AND RADIO ANTENNAS Zoning regulations Accessory uses by zoning district 24-151(b)(1) TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts ................ 22-39(e) Zoning regulations Accessory uses by zoning district 24-151(b)(1) TENSE Defined TENTS Zoning regulations Temporary residence Supp. No. 17 2153 1-2 24-82(h) ATLANTIC BEACH CODE Section THEATERS Dogs in theaters to be muzzled, leashed, etc. 4-25 TIME, COMPUTATION OF Defined 1-2 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWERS Zoning regulations Height limitations 24-156(b) TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC Abandoned, wrecked, etc., vehicles Stopping, standing and parking. See herein that subject Adoption of Florida Uniform Traffic Control Law 21-1 Beaches Barricades preventing entry of vehicles and other traffic . 5-18 Certain ordinances saved from repeal 1-5 Crosswalks Abandoned, wrecked, junked, etc., vehicles left unattended on crosswalks 21-25 Stopping, staff ding cr parking rr+ vesicles fills V'/1L111Y1 l:Yl1.ss- ._ _r��Y5y b you sem.. 6 walks 21-17(5), (6) Driveways Abandoned, wrecked, junked, etc., vehicles left unattended in front of driveways 21-25 Stopping, standing or parking in front of driveways 21-17(2) Fire hydrants Abandoned, wrecked, junked, etc., vehicles left unattended within fifteen feet of hydrants 21-25 Stopping, standing or parking within fifteen feet of hy- drants 21-17(4) Florida Uniform Traffic Control Law Adoption of 21-1 Intersections Abandoned, wrecked, junked, etc., vehicles left unattended within intersections 21-25 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking within twenty feet of cross- walks at intersections 21-17(6) Supp. No. 17 2154 CODE INDEX Section TRAFFIC—Cont'd. Stopping, standing or parking within twenty feet of inter- sections 21-17(3) Junked vehicles Parking, storing, etc., junked vehicles. See herein: Stop- ping, Standing and Parking Obstructions Abandoned, wrecked, junked, etc., vehicles Constitutes obstruction to traffic 21-25 Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite obstructions 21-25 Obstruction of passage of pedestrians or vehicles 13-2 Signs and advertising structures obstructing vision or view 17-5 Stopping, standing or parking vehicles alongside or oppo- site street obstructions 21-17(7), 21-18 Parades and processions Permits required for 21-2 Parking. See herein: Stopping, Standing and Parking Sale of vehicles Parking for purpose of displaying vehicle for sale 21-21 Sidewalks Abandoned, wrecked, junked, etc., vehicles left unattended on sidewalks 21-25 Stopping, standing or parking vehicles on sidewalks 21-17(1) Signs and advertising structures. See also that subject Confusion with, use of words on traffic -control signs 17-5 Obstructing vision or view 17-5 Signs creating traffic hazards 17-4 Stopping, standing and parking Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks.. 21-25(a)(1) Parked longer than seventy-two hours Removing and impounding 21-25 Towage and storage charges 21-26 Statutes adopted; nuisance declared 21-24 Commercial, recreational, etc., vehicles; weight require- ments 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking more than seventy-two hours prohibited... 21-23 Supp. No. 17 2155 ATLANTIC BEACH CODE TRAFFIC—Cont'd. Prohibited in specific areas 21-17 Residential parking sticker program; permits 21-27 Street excavations Abandoned, wrecked, junked, etc., vehicles left unattended alongside or opposite street excavations 21-25 Stopping, standing or parking vehicles alongside or oppo- site street excavations 21-17(7) Traffic -control signs, signals and devices Compliance with signs prohibiting parking 21-19 Signs and advertising structures Confusion with, use of words on traffic -control signs 17-5 Stopping, standing or parking vehicles Compliance with signs prohibiting parking required21-19 Parking limitations where signs are erected 21-20 Stopping, standing or parking vehicles whore official signs prohibit stopping or parking 21-17(7) Washing, greasing or repairing vehicles Standing or parking vehicle for purpose of 21-21 Section TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRANSPORTATION Uniform travel policy and procedure 2-632 TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE TRAVEL Uniform travel policy and procedure Auditing 2-365 Authority to incur travel and business expenses 2-357 Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE- ATIONAL VEHICLES TREES AND SHRUBBERY Code enforcement board's jurisdiction re 2-146 Supp. No. 17 2156 CODE INDEX Section TREES AND SHRUBBERY—Cont'd. Garbage and refuse collection and disposal Garden trash, compost piles 16-7 Leaves and grass clippings; tree trunks limbs, etc 16-5 Signs, posters, etc., prohibited on trees 17-8 Subdivisions Design and construction standards Natural features, use of 24-251(2) Required improvements Clearing and grading rights-of-way 24-257 Tree protection Applicability 23-17 Definitions 23-16 Development 23-17 Enforcement 23-17 Exceptions 23-25 Inspections 23-22 Intent 23-15 Mitigation 23-17 Permits 23-17 Removal of trees 23-17 Standards 23-17 Tree conservation board 23-19 Violations and penalties 23-17 Waterworks system Water shortages; irrigation of ornamentals, ferns, foliage, etc 22-39 Zoning regulations Tree removal or damage 24-169 TRUCKS Weight requirements 21-22 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND UTILITIES Subdivisions Required improvements 24-221 Zoning regulations Planned unit development (PUD) 24-136(d) UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Generally Combined sewer and water systems 22-1 Return investment policy for Buccaneer plant 22-2 Supp. No. 17 2157 ATLANTIC BEACH CODE Section UTILITIES—Cont'd. 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 22-14 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 22-23 VACANT LOTS Depositing garbage, trash, etc., on 16-7 Dogs and cats running at laree4-24 VACANT PRIVATE PROPERTY Loitering on, etc. 13-2 VEGETATION Collection and disposal (solid waste) Garden trash, compost piles 16-7 Leaves and grass clippings, etc 16-5 Gardens. See that subject Subdivisions Design and construction standards Use of natural features 24-251(2) Tree protection regulations generally 23-15 et seq. See: TREES AND SHRUBBERY Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject Supp. No. 17 2158 CODE INDEX VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI- CLES VERMIN Nuisances Permitting buildings to become vermin infested .......... Abatement of nuisances, etc. See: NUISANCES Section 12-1(b)(8) VICIOUS DOGS Provisions re 4-28 VOLLEYBALL COURTS Zoning regulations Accessory uses by zoning districts ............... . .......... . w WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES WAREHOUSES Zoning regulations ILW industrial light and warehousing districts Miniwarehouses Supp. No. 17 2158.1 24-151(b)(1) 24-112 24-160 CODE INDEX Section ZONING—Cont'd. Building restrictions .................... < .... < 24-109(f) Intent.... ..................... . . .... 24-109(a) Minimum lot or site requirements , ....... , .. < < .. < 24-109(d) Minimum yard requirements 24-109(e) Permitted uses ................<...........,......<.<24-109(b) Uses by exception ....................... . ... < . , ..... < 24-109(c) Dancing or live entertainment Establishments offering 24-155 Definitions 24-17 Density, maximum Building restrictions OR open rural districts 24-103(0 Density of developments Planned unit development (PUD)...... 24-135(a) Density of population 24-82(d) Display of used merchandise outside of business 24-154 Districts. See also herein specific districts Boundaries of districts, rules for determining 24-81 Construction within the districts 24-66 Establishment of districts 24-101, 24-102 Special use districts 24-113 Exceptions Height limitations, exceptions to 24-156 Uses by exception. See herein that subject Fences, walls, etc. Parapet walls, height limitations 24-156(b) Planned unit development (PUD) Privacy, provisions re fences 24-135(0 Site plan review 24-167(e) Supplementary regulations 24-157 Swimming pools 24-164(3) Garages Accessory uses and structures 24-151(b)(1) Temporary residence 24-82(h) General provisions and exceptions 24-81 et seq. See also. herein specific subjects General restrictions upon land, buildings and structures 24-82 Guardhouses and security buildings 24-158 Height limits, restrictions Accessory uses and structures, height limits 24-151(b)(3) Building restrictions, maximum building height OR open rural districts 24-103(0 RS -1 residential single-family districts 24-104(0 RS -2 residential single-family districts 24-105(0 Exceptions to height limitations 24-156 General restrictions upon buildings and structures 24-82(b) Maximum building height, building restrictions CG commercial general districts 24-111(0 CL commercial limited district 24-110(f) Supp. No. 17 2165 ATLANTIC BEACH CODE ZONING—Cont'd. CPO commercial professional offices districts ILW industrial light and warehousing districts RG -1 and RG -1A residential general—Two-family dis- tricts RG -2 and RG -3 residential general—Multiple-family districts RMH residential mobile home districts Home occupations ILW industrial light and warehousing districts Building restrictions Intent Minimum lot or site requirements Minimum yard requirements Permitted uses Uses by exception Jurisdiction Landscaping Applicability Buffer standards Definitions Design standards Fences, hedges and walls. See herein that subject Maintenance Privacy, provisions re landscaping Protection Requirements generally Tree removal or damage Visibility Language and definitions Construction of language Definitions Lights, lighting Service stations Swimming pools Lots Accessory structures on lots Double frontage lots Maximum lot coverage, building restrictions CG commercial general districts CL commercial limited district CPO commercial professional and offices districts ILW industrial light and warehousing districts OR open rural districts RG -1 and RG -1A residential general—Two-family districts RG -2 and RG -3 residential general—Multiple-family dis- tricts RMH residential mobile home districts RS -1 residential single-family districts RS -2 residential single-family districts Supp. No. 17 2166 Section 24-109(f) 24-112(0 24-106(0 24-107(0 24-108(0 24-159 24-112(0 24-112(a) 24-112(d) 24-112(e) 24---112(b) 24-112(c) 24-3 24-177 24-177 24-176 24-177 24-177 24-135(0 24-177 24-177 24-169 24-177 24-16 24-17 24-165(4) 24-164(1) 24-151(b)(3) 25-84(b) 24-111(0 24-110(0 24-109(0 24-112(0 24-103(0 24-106(0 24-107(f) 24-108(0 24-104(0 24-105(f) CODE INDEX Section ZONING—Cont'd. Minimum lot coverage 24-82(i) Minimum lot or site requirements CG commercial general districts 24-111(d) CL commercial limited district 24-110(d) CPO commercial professional and offices districts 24-109(d) ILW industrial light and warehousing districts 24-112(d) OR open rural districts 24-103(d) RG -1 and RG -1A residential general—Two-family dis- tricts 24-106(d) RG -2 and RG -3 residential general—Multiple-family districts 24-107(d) RMH residential mobile home districts 24-108(d) RS -1 residential single-family districts 24-104(d) RS -2 residential single-family districts 24-105(d) Percentage of lot occupancy............... 24-82(c) Required lot and occupancy 24-82(0 Service stations, lot dimensions 24-165(1) Site plan review, lot requirements 24-167(0 Substandard lots of record 24-83 Supp. No. 17 2166.1