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AB Code Supplement 25SUPPLEMENT NO. 25 March 2002 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. 80-01-64, adopted January 14, 2002. See the Code Comparative Table for further information. Remove old pages Insert new pages 111 111 ix—xii ix—xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 155-168 155-168 183, 184 183-184.1 188.15, 188.16 188.15-188.16.1 193, 194 193, 194 1001-1005 1001-1005 1171, 1172 1171, 1172 1177, 1178 1177, 1178 1231-1234 1231-1234 1275, 1276 1275-1276.1 1403-1483 1403-1513 2001 2001 2053-2055 2053-2055 2101-2162.2 2101-2159 2163-2172 2161-2167 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 (850) 576-3171 1 -800 -262 -CODE Website: www.municode.com OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA John S. Meserve Mayor Richard M. Beaver Mayor Pro Tem Louis M. Borno Paul B. Parsons J. Dezmond Waters, III City Commission Alan C. Jensen City Attorney James R. Hanson City Manager Maureen King City Clerk Supp. No. 25 iii TABLE OF CONTENTS Officials of the City at Time of Codification Preface Adopting Ordinance Checklist of Up -to -Date Pages PART I CHARTER 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 W. 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. PART II CODE OF ORDINANCES General Provisions 1 1 5 9 10 10 11 11 11 12 15 17 18 18 18 18 23 23 28 79 91 103 2. Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 161 Art. IV. Departments 161 Div. 1. Generally 161 Div. 2. Police Department 162 Div. 3. Fire Department 163 Supp. No. 25 ix ATLANTIC BEACH CODE Chapter Page Div. 4. Department of Finance 163 Div. 5. Department of Public Works 165 Div. 6. Department of Public Utilities 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 166 Div. 3. Nuisance Control Board 170 Art. VI. Employee Benefits 172.1 Div. 1. Generally 172.1 Div. 2. Old -Age and Survivors Insurance 172.2 Div. 3. General Employee Retirement System 174 Div. 4. Police Officers' Retirement System 188.5 Art. VII. Finance 188.26 Div. 1. Generally 188.26 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 192.2 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 304.3 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 Riiiklinga and P la#-innc 407 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 413 Art. W Plumbing Code 417 Art. V. Mechanical Code 419 Art. VI. Swimming Pool Code 421 Art. VII. Numbering of Buildings 422 Art. VIII. Housing Code 424 Art. IX. Gas Code 424 Art. X. Amusement Device Code 425 7. Fire Prevention and Protection Art. I. In General Art. II. Fire Prevention and Life Safety 469 469 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations Art. I. In General Supp. No. 25 g 577 577 TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Fair Housing 577 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 791 14. Planning/Zoning/Appeals 839 Art. I. In General 839 Art. II. Community Development Board 839 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property891 16. Solid Waste and Recycling 943 17. Signs and Advertising Structures 995 Art. I. 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 1177 Art. V. Additional Homestead Exemption 1178 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 Art. W. Motor Vehicle Title Loans 1233 22. Utilities 1275 Art. I. In General 1275 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1286.2 Div. 4. Building Sewers and Connections 1288.1 Supp. No. 25 xi ATLANTIC BEACH CODE Chapter Page Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1295 Div. 8. Sewer System Extensions 1299 Art. IV. Stormwater Management 1301 Div. 1. Generally 1301 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, Subdivision and Land Development Regulations1403 Art. I. In General 1404 Art. II. Language and Definitions 1405 Art. III. Zoning Regulations 1425 Div. 1. Generally 1425 Div. 2. Administration 1425 Div. 3. Application Procedures 1430 Div. 4. General Provisions and Exceptions 1438 Div. 5. Establishment of Districts 1445 Div. 6. Planned Unit Development (PUD) 1465 Div. 7. Supplementary Regulations 1473 Div. 8. Landscaping 1486 Art. IV. Subdivision Regulations 1493 Div. 1. Generally 1493 Div. 2. Application Procedure 1496 Div. 3. Required Improvements 1503 Div. 4. Assurance for Completion and iVlaintenance of Improvements 1504 Div. 5. Design and Construction Standards 1507 Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 25 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 159, 160 25 iii 25 161, 162 25 v, vi OC 163, 164 25 vii, viii 1 165, 166 25 ix, x 25 167, 168 25 xi, xii 25 169, 170 18 1, 2 19 171 18 3, 4 14 172.1, 172.2 15 5, 6 14 173, 174 23 7, 8 14 175, 176 23 9, 10 14 177, 178 23 11, 12 14 179, 180 23 13, 14 14 181, 182 23 15, 16 14 183, 184 25 17, 18 14 184.1 25 19, 20 14 185, 186 23 21, 22 14 187, 188 23 79 5, Add. 188.1, 188.2 23 91 19 188.3, 188.4 23 103, 104 OC 188.5, 188.6 23 105, 106 OC 188.7, 188.8 23 107, 108 13 188.9, 188.10 23 155, 156 25 188.11, 188.12 23 157, 158 25 188.13, 188.14 23 Supp. No. 25 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 188.15, 188.16 25 523, 524 6 188.16.1 25 525, 526 6 188.17, 188.18 23 527, 528 6 188.19, 188.20 23 529, 530 6 188.21, 188.22 23 531, 532 6 188.23, 188.24 23 533, 534 6 188.25, 188.26 23 535 6 189, 190 22 577, 578 OC 191, 192 22 579, 580 OC 192.1, 192.2 22 581 OC 192.3 22 631, 632 OC 193, 194 25 683, 684 24 195, 196 14 685 24 245, 246 19 735, 736 10 246.1 19 737 10 247, 248 16 787, 788 8 299, 300 18 789, 790 8 301, 302 22 791, 792 12 303, 304 22 793 12 304.1, 304.2 22 839, 840 11 304.3, 304.4 22 841, 842 5 305, 306 24 843 5 307 24 891, 892 12 353, 354 18 893 12 355, 356 22 943, 944 16 407, 408 20 945, 946 16 409 18 947, 948 20 410.1, 410.2 5 949 20 410.3, 410.4 5 995, 996 19 411, 412 18 997, 998 19 413, 414 23 999, 1000 19 415, 416 18 1001, 1002 25 417, 418 20 1003, 1004 25 419, 420 20 1005 25 421, 422 20 1055, 1056 15 423, 424 20 1057, 1058 15 425 20 1059 15 469, 470 20 1107, 1108 18 471, 472 20 1157, 1158 23 473, 474 20 1159, 1160 2 475, 476 20 1161, 1162 21 477, 478 21 1162.1 21 479, 480 20 1163, 1164 23 521, 522 6 1165, 1166 23 Supp. No. 25 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1167, 1168 24 1307, 1308 11 1169, 1170 24 1351, 1352 17 1171, 1172 25 1353, 1354 17 1173, 1174 23 1355, 1356 17 1175, 1176 23 1357, 1358 24 1177, 1178 25 1359, 1360 24 1179 23 1360.1 24 1221, 1222 21 1361, 1362 17 1223, 1224 23 1363 17 1225, 1226 23 1403, 1404 25 1226.1 23 1405, 1406 25 1227, 1228 12 1407, 1408 25 1229, 1230 12 1409, 1410 25 1231, 1232 25 1411, 1412 25 1233, 1234 25 1413, 1414 25 1235, 1236 21 1415, 1416 25 1237, 1238 21 1417, 1418 25 1239, 1240 21 1419, 1420 25 1275, 1276 25 1421, 1422 25 1276.1 25 1423, 1424 25 1277, 1278 24 1425, 1426 25 1279, 1280 24 1427, 1428 25 1280.1 24 1429, 1430 25 1281, 1282 18 1431, 1432 25 1283 18 1433, 1434 25 1284.1, 1284.2 13 1435, 1436 25 1284.3, 1284.4 13 1437, 1438 25 1284.5 13 1439, 1440 25 1285, 1286 OC 1441, 1442 25 1286.1, 1286.2 23 1443, 1444 25 1287 23 1445, 1446 25 1288.1 16 1447, 1448 25 1289, 1290 OC 1449, 1450 25 1291, 1292 OC 1451, 1452 25 1293, 1294 OC 1453, 1454 25 1295, 1296 24 1455, 1456 25 1296.1, 1296.2 24 1457, 1458 25 1296.3 24 1459, 1460 25 1297 17 1461, 1462 25 1298.1, 1298.2 3 1463, 1464 25 1299, 1300 OC 1465, 1466 25 1301, 1302 11 1467, 1468 25 1303, 1304 11 1469, 1470 25 1305, 1306 11 1471, 1472 25 Supp. No. 25 [31 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1473, 1474 25 2113, 2114 25 1475, 1476 25 2115, 2116 25 1477, 1478 25 2117, 2118 25 1479, 1480 25 2119, 2120 25 1481, 1482 25 2121, 2122 25 1483, 1484 25 2123, 2124 25 1485, 1486 25 2125, 2126 25 1487, 1488 25 2127, 2128 25 1489, 1490 25 2129, 2130 25 1491, 1492 25 2131, 2132 25 1493, 1494 25 2133, 2134 25 1495, 1496 25 2135, 2136 25 1497, 1498 25 2137, 2138 25 1499, 1500 25 2139, 2140 25 1501, 1502 25 2141, 2142 25 1503, 1504 25 2143, 2144 25 1505, 1506 25 2145, 2146 25 1507, 1508 25 2147, 2148 25 1509, 1510 25 2149, 2150 25 1511, 1512 25 2151, 2152 25 1513 25 2153, 2154 25 1983, 1984 OC 2155, 2156 25 1985 OC 2157, 2158 25 1987, 1988 OC 2159 25 1989, 1990 OC 2161, 2162 25 1991, 1992 2 2163, 2164 25 1993, 1994 6 2165, 2166 25 1995, 1996 13 2167 25 1997, 1998 18 1999, 2000 24 2001 25 2043 OC 2053, 2054 25 2055 25 2081, 2082 14 2083, 2084 14 2085, 2086 14 2087, 2088 14 2101, 2102 25 2103, 2104 25 2105, 2106 25 2107, 2108 25 2109, 2110 25 2111, 2112 25 Supp. No. 25 [4] Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Chapter 2 ADMINISTRATION* In General, §§ 2-1-2-15 City Commission, §§ 2-16-2-30 City Manager, §§ 2-31-2-40 Departments, §§ 2-41-2-130 Div. 1. Generally, §§ 2-41-2-50 Div. 2. Police Department, §§ 2-51-2-60 Div. 3. Fire Department, §§ 2-61-2-70 Div. 4. Department of Finance, §§ 2-71-2-78 Div. 5. Department of Public Works, §§ 2-79-2-83 Div. 6. Department of Public Utilities, §§ 2-84-2-130 Boards and Commissions, §§ 2-131-2-225 Div. 1. Generally, §§ 2-131-2-140 Div. 2. Code Enforcement Board, §§ 2-141-2-160 Div. 3. Nuisance Control Board, §§ 2-161-2-225 Employee Benefits, §§ 2-226-2-310.29 Div. 1. Generally, §§ 2-226-2-240 Div. 2. Old -age and Survivors Insurance, §§ 2-241-2-260 Div. 3. General Employee Retirement System, §§ 2-261-2-299 Div. 4. Police Officers' Retirement System, §§ 2-300-2-310.29 Finance, §§ 2-311-2-368 Div. 1. Generally, §§ 2-311-2-330 Div. 2. Purchasing, §§ 2-331-2-355 Div. 3. Uniform Travel Policy and Procedure, §§ 2-356-2-366 Div. 4. Service and User Charges, §§ 2-367, 2-368 ARTICLE I. IN GENERAL Sec. 2-1. Defense of civil actions against public officers, employees or agents; payment of judgments or settlements. (a) Defense of civil actions. The city shall provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful disregard of human rights, safety, or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee, or *Charter references—Form of government, § 3; general powers, § 4. Cross references—Planning/zoning/appeals, Ch. 14; community development board, § 14-16 et seq.; police, Ch. 15; taxation, Ch. 20; utilities, Ch. 22; administration of zoning regulations, § 24-46 et seq. State law references—Public records, F.S. Ch. 119; public meetings and records, F.S. § 286.011. Supp. No. 25 155 § 2-1 ATLANTIC BEACH CODE agent for an act or omission under color of state law, custom or usage, wherein it is alleged that such officer, employee, or agent has deprived another person of his rights secured under the Federal Constitution or laws. Legal representation of an officer, employee, or agent of the city may be provided by the city attorney. However, any attorney's fees paid from public funds for an officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his employment, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, may be recovered by the city in a civil action against such officer, employee, or agent. If the city fails, pursuant to this section to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees, or agents and fails to provide such attorney, the city shall reimburse the defendant who prevails in the action for court cost and reasonable attorney's fees. (b) Payment of judgments or settlements against certain public officers or employees. When the city fails to provide insurance coverage for action set forth in subsection (a) and is not participating in the State Insurance Risk Management Trust Fund it will pay: (1) Any final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in subsection (a). If the civil action arises under section 768.28, Florida Statutes, as a tort claim, the limitation and provision of section 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally. (2) Any compromise or seci,ie hent of any claim or litigation as described in paragraph (1) subject to the limitations set forth in that paragraph. (3) Any reimbursement required under subsection (a) for court costs and reasonable attorney's fees when the city has failed to provide an attorney and the defendant prevails. (Ord. No. 95-88-34, §§ 1, 2, 3-14-88) Editor's note—Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not specifically amend the Code; therefore, inclusion as § 2-1 was at the discretion of the editor. Sec. 2-2. Charitable contributions prohibited. The city shall not contribute city funds to any charitable, nonprofit, or other worthy causes. (Ord. No. 95-91-50, § 1, 10-28-91) Editor's note—Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the Code by adding § 1-5(b). For purposes of classification, § 1-5(b) has been codified as § 2-2 at the discretion of the editor. Secs. 2-3-2-15. Reserved. Supp. No. 25 156 ADMINISTRATION § 2-19 ARTICLE II. CITY COMMISSION* Sec. 2-16. Time and place of regular meetings. The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 7:15 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on the Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. Additional regular meetings shall be held on the night of every election. (Code 1970, § 2-2; Ord. No. 5-83-10, § 1, 12-12-83) Sec. 2-17. Calling special meetings. The mayor -commissioner, city manager or a majority of the city commission may call a special meeting of the city commission on twenty-four (24) hours' notice. (Code 1970, § 2-2) Sec. 2-18. Quorum. Three (3) members of the city commission shall constitute a quorum, but a less number may adjourn from time to time until a quorum is present. (Code 1970, § 2-4) Sec. 2-19. Rules of conduct and procedure at meetings. The following rules shall govern procedure and conduct of city commission meetings: (1) Rule 1. The mayor -commission shall preside at all meetings of the city commission, call the members to order at the hour appointed for each meeting and, upon the appearance of a quorum, proceed to business. He shall have general control of the chamber and in case of disturbance or disorderly conduct therein, he may cause the same to be cleared. The mayor shall preserve decorum and order, may speak to points of order in preference to other members, and shall decide all questions relating to the priority of business or of order, without debate, subject to appeal to the city commission by any member as a matter of course, and on the appeal, it shall require a majority vote of the members to sustain the appeal. (2) Rule 2. The mayor -commissioner shall declare all votes. A roll call of the yeas and nays on any question shall be taken upon the request of any one (1) member. The roll call shall be conducted as follows: The city clerk shall arrange the names of the members of the city commission in alphabetical order, and each call of the roll shall be restated in a manner so that upon each call thereof, he will commence with the member's name *Charter reference—The commission, § 5 et seq. State law reference—Code of ethics for public officers and employees, F.S. § 112.311 et seq. Supp. No. 25 157 § 2-19 ATLANTIC BEACH CODE that was called second upon the preceding roll call, and thereafter proceed to call the roll according to alphabetical order; except, that the mayor -commissioner's name shall be called last. (3) Rule 3. When a member is called to order, he shall immediately take his seat, and the presiding officer shall pass upon the point of order. (4) Rule 4. No member shall speak at any meeting more than twice on the same question, or more than five (5) minutes at any one time. (5) Rule 5. No member shall be interrupted by another without the consent of the member who has the floor, except by rising to a question of order. (6) Rule 6. No member shall absent himself from the meeting before adjournment for more than five (5) minutes at a time without leave of the presiding officer. (7) Rule 7. The order of business shall be as follows: a. Approval of minutes of preceding meetings; b. Courtesy of floor to any visitors who desire to bring a matter to the city commission's attention; c. Unfinished business of preceding meeting; d. Consent agenda; e. Report of committees; f. Action on resolutions; g. Action on ordinances; h. Miscellaneous business; i. City manager reports; j. Reports and/or requests from city commissioners and city attorney. (8) Rule 8. The mayor -commissioner may appoint, from time to time, such special or select committees as in his discretion he deems desirable, or as may be desired by the city commission, to expedite the handling of the business and affairs of the city. (9) Rule 9. It shall be the duty of all committees to report on every subject referred to them at the next regular meeting following the reference; provided, the city commission may direct a report to be made at an intervening adjourned meeting. If any committee fails to report on any matter as required, they may be relieved of further consideration of the matter, and it be otherwise disposed of by the city commission. (10) Rule 10. Upon every matter referred to a committee, the committee or a majority thereof shall meet for inquiry or deliberation, and no report of or concerning the matter shall be made unless a majority of the committee shall have signed the same. (11) Rule 11. It shall be the duty of the chairman or vice-chairman of all committees to which any pending matters have been referred to cause their committee to meet to consider and dispose of its pending business, and as far as practicable, to give advance Supp. No. 25 158 ADMINISTRATION § 2-19 notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. Supp. No. 25 159 § 2-19 ATLANTIC BEACH CODE If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tem who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city commission. The passage of emergency ordinances and resolutions, however, shall be in accordance with Section 18 of the city Charter. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01) Sec. 2-20. Salary of members. (a) The annual salary of the mayor -commissioner shall be ten thousand dollars ($10,000.00). The annual salary of the commissioners shall be six thousand dollars ($6,000.00). (b) The salary of the mayor -commissioner and commissioners shall be made in twelve (12) equal monthly payments. (c) Effective August 1 each year, the basic salary of the mayor -commissioner and city commissioners shall be reviewed and increased if appropriate with the actions over the preceding year's economy. The salary of the mayor -commissioner and city commissioner shall be reviewed and increased if appropriate at the same time, and at no greater percentage than that received by general employees. Supp. No. 25 160 ADMINISTRATION § 2-41 (d) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all City of Atlantic Beach employees. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83; Ord. No. 5-00-33, § 1, 8-28-00) Sec. 2-21. Resignation from office; election procedures. (a) A city commissioner seeking to run for another elected office shall submit a letter of resignation at least thirty (30) days prior to the first day of qualifying for the office he intends to seek. The resignation must be effective no later than the earlier of the following dates: (1) The date the commissioner would take his new office, if elected; or (2) The date the commissioner's successor is required to take office. (b) The commission seat shall be placed on the ballot at the next election after the filing of the letter of resignation. The candidate winning the commission seat shall take office on the effective date of the assuming of offices following the election and shall serve the remaining unexpired term of the resigning commissioner. (c) This section shall not preclude the city commission from electing an eligible person to serve in the interim as provided for in Section 12 of the City Charter. (Ord. No. 33-93-5, § 1, 3-22-93) Secs. 2-22-2-30. Reserved. ARTICLE III. CITY MANAGER* Secs. 2-31-2-40. Reserved. ARTICLE IV. DEPARTMENTS DIVISION 1. GENERALLY 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. *Charter reference—The city manager, § 25 et seq. State law reference—Code of ethics for public officers and employees, § 112.311 et seq. Supp. No. 25 161 § 2-41 ATLANTIC BEACH CODE (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 nrdinprico ; +n Pgar7i+a all nanara and_ pvocPss of thry nit__ or its _______I+i__• and] to r_®_-for_r+ 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) 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. *Cross reference—Police generally, Ch. 15. Supp. No. 25 162 ADMINISTRATION § 2-71 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 of the city, and to execute all papers 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. (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. 2-64-2-70. 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) *Cross reference—Fire prevention and protection, Ch. 7. tCross reference—Finance generally, § 2-311 et seq. Supp. No. 25 163 § 2-72 ATLANTIC BEACH CODE 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 all 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) Sec. 2-76. Same—Assisting in preparation of buclsret; Reeeptimv nt rn. i 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 Supp. No. 25 164 ADMINISTRATION § 2-83 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) DIVISION 5. DEPARTMENT OF PUBLIC WORKS 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) Sec. 2-80. Director of public works/city engineer—Appointment, compensation. The director of public works/city engineer shall be the head of the department of public works and his appointment or removal shall be authorized by the city manager. The director of public works/city engineer shall receive such compensation as determined by the city commission. (Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01) Sec. 2-81. Same—Duties. The director of public works/city engineer, under the direction of the city manager, shall be responsible for the supervision of the maintenance of streets, sanitation, drainage facilities, stormwater and fleet maintenance. (Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01) Sec. 2-82. Reserved. Editor's note—Ord. No. 5-01-35, § 1, adopted June 11, 2001, deleted former § 2-82, which pertained to divisions; appointment, compensation of chiefs, and derived from Ord. No. 5-86-14, § 1, adopted January 27, 1986. Sec. 2-83. Other duties. The department shall perform such other duties as may be assigned by the city manager and the director of the department shall be responsible for keeping the city manager informed of the activities of the department. (Ord. No. 5-86-14, § 1, 1-27-86) Supp. No. 25 165 § 2-84 ATLANTIC BEACH CODE DIVISION 6. DEPARTMENT OF PUBLIC UTILITIES Sec. 2-84. Created. There is hereby created and established a department of public utilities. The department shall be an administrative department of the city responsible to the city manager. (Ord. No. 5-01-35, § 2, 6-11-01) Sec. 2-85. Utility director—Appointment, compensation. The utility director shall be the head of the department of public utilities and his appointment or removal shall be authorized by the city manager. The utility director shall receive such compensation as determined by the city commission. (Ord. No. 5-01-35, § 2, 6-11-01) Sec. 2-86. Same—Duties. The utility director, under the direction of the city manager, shall be responsible for the supervision of the maintenance of water, sewer and reclaimed water facilities including production, treatment and conveyance systems. (Ord. No. 5-01-35, § 2, 6-11-01) Sec. 2-87. Other duties. The department shall perform such other duties as may be assigned by the city manager and the director of the department shall be responsible for keeping the city manager informed of the activities of the department. (Ord. No. 5-01-35, § 2, 6-11-01) L)t.: • 2-83--11-136. .I ,VbWI ve li• ARTICLE V. BOARDS AND COMMISSIONS* DIVISION 1. GENERALLY Secs. 2-131-2-140. Reserved. DIVISION 2. CODE ENFORCEMENT BOARD' Sec. 2-141. Created; membership; terms. (a) There is hereby created a code enforcement board of the city, which shall consist of seven (7) members to be appointed by the mayor and approved by the city commission. All members of the board shall be residents of the city and shall serve without compensation. *Cross references—Board of trustees for retirement system, § 2-264 et seq.; community development board, § 14-16 et seq. 'State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162. Supp. No. 25 166 ADMINISTRATION § 2-143 (b) The membership of the code enforcement board shall, whenever possible, include persons in the following fields: (1) Architect; (2) A businessman; (3) An engineer; (4) A general contractor; (5) A Realtor; (6) A subcontractor; (7) A person with zoning and building experience. (c) The initial appointments to the code enforcement board shall be as follows: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. Thereafter, each term shall be for a period of three (3) years. (d) Any member may be reappointed from term to term upon approval of the city commission. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.05. Sec. 2-142. Removal; filling vacancies. Members of the code enforcement board may be removed from office by the city commission for cause upon written charges and after public hearing. Any member who fails to attend two (2) out of three (3) consecutive meetings without cause and without prior approval of the chairman of the board shall have his office declared vacant, and the city commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and approval of the city commission for the unexpired terms affected. (Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85) State law reference—Similar provisions, F.S. § 162.05. Sec. 2-143. Meetings; election of officers; quorum. (a) At the first meeting of the code enforcement board, the members of the board shall elect a chairman and a vice-chairman to preside in the absence of the chairman. The presence of four (4) or more members shall constitute a quorum necessary to take action. Meetings of the board shall occur no less frequently than once every two (2) months, but the board may meet more often as necessary. Supp. No. 25 167 § 2-143 ATLANTIC BEACH CODE (b) Special meetings of the board may be convened by the chairman upon the giving of notice thereof to each other member of the board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four (24) hours prior thereto. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Sec. 2-144. Minutes of hearings; clerical and administrative personnel. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties. (Ord. No. 95-80-21, § 2, 12-8-80) State law reference—Similar provisions, F.S. § 162.07. Supp. No. 25 168 ADMINISTRATION § 2-280 (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 may 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. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (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 monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. 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 last payment will be 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; Ord. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00) 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 if the disability retirant has not attained age sixty (60) years. Supp. No. 25 183 § 2-280 ATLANTIC BEACH CODE (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. (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. (Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00) Sec. 2-281. Amount of level straight life pension. (a) 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. (b) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (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; Ord. No. 58-97-23, § 1, 7-14-97; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-01-28, § 1, 10-8-01) 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 and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. In no event may a member's annual benefit exceed the lesser of: (1) Option A; one hundred (100) percent survivor pension: Under Option A, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. (2) Option B; fifty (50) percent survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, one-half of Supp. No. 25 184 ADMINISTRATION § 2-282 the reduced pension shall be continued throughout the future lifetime of and paid to such person having an insurable interest in the retirant's life, as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional foriu of payment. Supp. No. 25 184.1 ADMINISTRATION § 2-310.11 Sec. 2-310.10. Calculation of pension benefit. (a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring member's final average compensation. (b) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-01-28, § 2, 10-8-01) Sec. 2-310.11. Optional forms of pension payment. A member of the retirement plan may elect to be paid under one (1) of the following optional forms of payment in lieu of the normal retirement benefit 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 normal retirement benefit form if a timely election of an optional form of payment is not made. The amount of pension under any option shall be the actuarial equivalent of the amount of pension under the normal retirement benefit form payment. (1) Option A; Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant shall be paid a pension for life, however if the retirant dies prior to ten (10) years immediately following retirement payments shall continue for one hundred twenty (120) payments. Benefit payments shall be made to the retirant's designated beneficiary or estate for such period. (2) Option B; Modified joint survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, a benefit as designated by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (662/3) or fifty (50) percent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retirant shall have specified by written designation duly executed and field with the board of trustees at the time of election of the optional form of payment. (3) Option C; Social security coordinated pension: Under Option C, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. Supp. No. 25 188.15 § 2-310.11 ATLANTIC BEACH CODE (4) Other benefit form. Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.12. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid designation -of -beneficiary in force, the beneficiary, if living, shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all respects as if the member had elected Option B at the one hundred (100) percent level provided in Section 2-310.11 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, resignation, or termination as a city employee, eligibility for the death benefit payable under section 2-310.10 will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid by the board of trustees to the estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding, and conclusive on all persons ever interested hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-310.12, whichever are greater, shall be paid if a member of the retirement system has five (5) or more years of credited service and dies while in the employ of the city. The provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary, other than the member's spouse or children as set forth below, in force pursuant to section 2-310.13. Supp. No. 25 188.16 ADMINISTRATION § 2-310.13 (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to seventy-five (75) percent of the amount of Option A-Retirant's life only pension computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. A surviving spouse's pension shall terminate upon death. Supp. No. 25 188.16.1 ADMINISTRATION § 2-361 known expenses as stated in the travel authorization. All travel reservations for a common carrier must be made by the city manager or his authorized representative, except during emergencies during off -working hours situations or if the return flight has to be changed or cannot be scheduled. If common carrier tickets are necessary, issuance of such tickets shall be made only upon receipt of a travel authorization with proper approval signatures. The authorized traveler receiving a travel advance must keep a record of all travel expenses and report the same. If an authorized travel advance is less than the approved actual expenses, the difference will be paid to the traveler. If the travel advance is greater than the actual or allowed travel expense, then the difference shall be reimbursed to the city within thirty (30) days after return of traveler. (Ord. No. 5-83-11, § 3, 1-9-84) Sec. 2-359. Expense forms and regulations. The city manager shall provide forms for travel requests, expenses and reimbursements and mileage allowances, where applicable, and prescribe such regulations as are reasonably necessary to effectuate the purpose of this division. The director of finance shall cause requests for travel expenses and reimbursements to be verified before payment is made. (Ord. No. 5-83-11, § 4, 1-9-84) Sec. 2-360. Schedule for meal allowance and accommodations. For purposes of reimbursements, the allowance for meals will be based upon the following schedule where each period covered must be of three (3) hours' duration or longer to be valid: (1) Breakfast allowance will be made when travel begins before 6:00 a.m. and extends beyond 8:00 a.m. (2) Lunch allowance will be made when travel begins before 12:00 noon and extends beyond 2:00 p.m. (3) Dinner allowance will be made when travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when travel appears during night-time hours due to special assignment. (4) Hotel or accommodation allowance will be made when travel extends overnight and requires lodging not within Duval County. (5) No expenses in Duval County shall be reimbursed unless approved by the city manager. (Ord. No. 5-83-11, § 5, 1-9-84) Sec. 2-361. Subsistence. (a) When the period of travel conforms to the schedule of allowances in section 2-360 above, all authorized travelers may be allowed subsistence when traveling to a convention, confer- ence, seminar, and activity or on city -related business that serves a direct public purpose. (b) Subsistence will be consistent with the Internal Revenue Service daily rates. Supp. No. 25 193 § 2-361 ATLANTIC BEACH CODE Actual meal charges may be reimbursed if accompanied by a receipt and justification for incurring the additional cost. Hotel or accommodation charges must be single occupancy rate and substantiated by receipt. (c) Tips and gratuities are included in the basic travel allowance for meals. When actual meal charges are reimbursed, fifteen (15) percent may be added to the meal charges provided the cost is stated on the receipt. (Ord. No. 5-83-11, § 6, 1-9-84; Ord. No. 5-01-34, § 1, 5-28-01) Sec. 2-362. Transportation. (a) All travel must be in a convenient and mainly traveled route. If a person travels by an indirect route for his convenience, any extra cost shall be borne by the traveler. Reimburse- ment for expenses shall be made accordingly. (b) If a privately -owned vehicle is used for travel, the vehicle owner shall be entitled to a mileage rate as established by the city commission from time to time. (c) Transportation by a common carrier which has not been prepaid and for which the authorized traveler seeks reimbursement must be substantiated by an official receipt from the common carrier. (d) Transportation by charter vehicles may be authorized when it is determined to be the most economical method of travel, when considering the nature of the business, the number of people making the trip, and the most efficient and economical means of travel (considering the time of the traveler, cost of transportation and subsistence required). (Ord. No. 5-83-11, § 7, 1-9-84) Sec. 2-363. Authorized travel. (a) Travelers shall not be allowed either mileage or transportation expenses when they are transported gratuitously by another person or when they are transported by another authorized traveler who is entitled to mileage or transportation expense. (b) Reimbursement for expenditures related to the operation, maintenance, depreciation and ownership of a vehicle shall not be allowed when a privately -owned vehicle is used on public business and mileage allowance is paid. (c) The city manager may permit an authorized traveler to regularly, on a monthly basis, use a privately owned vehicle on city business. In these instances, the traveler must submit a Supp. No. 25 194 SIGNS AND ADVERTISING STRUCTURES § 17-11 signs shall conform to the requirements of this chapter. If not repaired or replaced within thirty (30) days after written notice from the city, the sign shall constitute a public nuisance and shall be removed. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-8. Signs, posters, etc., prohibited on sidewalks, utility poles, walls, trees, etc.; exception. No person shall paint, paste, print, nail or fasten, in any manner whatsoever, any banner, sign, paper or any advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement or any other portion or part of any sidewalk or street or upon any tree, lamppost, private wall, window, door, gate, fence, telephone or telegraph pole, hydrant, workshop or toolshed, or upon any structure within the limits of any streets within the city, unless otherwise permitted under this chapter. Legal notices required by law to be so posted are hereby excepted. (Ord. No. 60-97-10, § 1, 7-14-97) Cross references—Streets, sidewalks and other public places, Ch. 19; utilities, Ch. 22. Sec. 17-9. Minimum height above sidewalks; maximum projection. No sign of any kind shall be permitted to extend into or above, or be anchored or placed in, any portion of the right-of-way of a city street or public sidewalk, except official city, state and county signs, unless the signs be permanently attached to an existing building and be located more than eight (8) feet above the sidewalks or finished grade, and extend not more than eight (8) feet in a horizontal direction from the building to which attached, and in no case closer than one (1) foot to the curb line. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-10. Blinker, beacons, flags and spotlights. The use of flashing, revolving or blinker -type outdoor lights of any type, within one hundred fifty (150) feet of any right-of-way conducting vehicular traffic within the city, is prohibited. No streamers or pennants, except appropriate holiday decorations and state and national flags, shall be permitted on the exterior of any premises within the city. No spotlight, beacon or floodlight shall be permitted, except where such beacon, spotlight or floodlight is nonrevolving and in a fixed position, and shines only on the owner's premises and away from any street or roadway. All police vehicles, ambulances and other official safety vehicles are exempt from the provisions of this section. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-11. Securing signs. All signs permitted to be erected under this chapter shall be firmly secured to the ground or structure upon which the same are placed. Foundations and structural members shall be constructed in compliance with all state and local codes. (Ord. No. 60-97-10, § 1, 7-14-97) Supp. No. 25 1001 § 17-12 ATLANTIC BEACH CODE Sec. 17-12. Setback requirements. Setback requirements for signs attached to structures shall be as for the structure to which they are attached (see Chapter 24). Pole signs shall be located so that no portion of the sign or pole shall be nearer than five (5) feet to any property line. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-13. Installation of electrical wiring, etc., by licensed electricians; compli- ance with electric code, electrical permits. All neon and electric signs shall meet the provisions of the electrical code of the city and have an electric permit for construction. All electrical wiring, electrical connections and electrical appurtenances pertaining to the installation and maintenance of neon lighting and electric signs of all types shall be installed by an electrician licensed by the city. (Ord. No. 60-97-10, § 1, 7-14-97) Cross reference—Electrical code, § 6-31 et seq. Sec. 17-14. Static electricity. No sign shall be constructed or maintained of which all or any part causes static electricity or otherwise interferes with radio or television reception. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-15. Proximity to electrical conductors. No sign shall be erected closer than five (5) feet to any overhead electrical conductor. (Ord. No. 60-97-10, § 1, 7-14-97) Snc of cis tri.ct c. Where the rear of any sign structure is visible from any street or from any adjoining residential district in the city, all exposed structural members of any such sign shall be concealed by painting, latticework or as otherwise agreed to by the city manager or his designee. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-17. Nonconforming signs. All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of July 14, 1997, and which are made nonconforming by the provisions herein, shall be allowed to remain in accordance with the following conditions: (a) Pole signs or freestanding signs that are not in compliance with section 17-12 with respect to the minimum required distance of five (5) feet from any property lines shall be allowed to remain in their existing location provided that no portion of the sign is located within any publicly -owned right-of-way or utility easement and that no interference with clear sight distance exists, and further provided that such signs are otherwise in compliance with the terms of this section. Supp. No. 25 1002 SIGNS AND ADVERTISING STRUCTURES § 17-31 (b) Pole signs or freestanding signs that are not in compliance with the terms of section 17-2(b)(6) with respect to maximum height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this section. (c) Nonconforming signs, including those as described in preceding paragraphs (a) and (b) shall be made conforming with all provisions of this chapter when any of the following changes are made: (1) Any change to the structural supports or structural materials; (2) Any change which increases the illumination; (3) Any change which increases the height of a sign; (4) Any change which alters the material used for the display or face area by more than twenty-five (25) percent; (5) Any replacement required as the result of an accidental act or a weather-related act. (6) Any replacement where a sign has been abandoned or unused for a period longer than three (3) months. (d) The provisions of this section shall not be construed to apply to signs which are deteriorated, dilapidated, or in a general state of disrepair. Such signs shall be subject to the provisions of section 17-1. (Ord. No. 60-97-10, § 1, 7-14-97; Ord. No. 60-01-11, § 1, 12-10-01) Sec. 17-18. Signs for parks and public buildings. All official signs for parks and public buildings, except all legal parking and traffic signs, which are larger than two (2) feet by two (2) feet, shall complement and conform to the existing "WELCOME TO ATLANTIC BEACH" signs in color, composition, material, sandblasted surface, and lettering. All such signs shall have all the elements of the city's logo, to -wit: palm tree, sailboat, surf and shoreline with rocks. All such signs shall be constructed of wood or suitable alternative materials. All existing signs in place on February 24, 1997, may remain in place until they are replaced, at which time they shall be in compliance with this section. (Ord. No. 60-79-9, § 1, 2-24-97) Secs. 17-19-17-30. Reserved. ARTICLE II. PERMIT Sec. 17-31. Required. It shall be unlawful for any person to install, alter or relocate any sign, marquee, canopy, awning or other advertising structure permitted under section 17-2 without first obtaining a permit from the city. All illuminated signs shall, in addition, be subject to the provisions of the city electrical code and any permit required thereunder. (Ord. No. 60-97-10, § 1, 7-14-97) Supp. No. 25 1003 § 17-32 ATLANTIC BEACH CODE Sec. 17-32. Application. Application for sign permits shall be made upon forms provided by the city, and shall contain or have attached thereto the following information: (1) The name, address and telephone number of the applicant; (2) Whether the applicant is the owner or lessee, and if the latter, show authority from the owner; (3) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected; (4) A plot plan showing the position of the sign or other advertising structure in relation to nearby buildings or structures; (5) A blueprint or ink drawing of the plans and specifications, including the proposed sign content, and method of construction and attachment to the building or in the ground; (6) The name of the person or firm erecting the structure; (7) Any electrical permit required and issued for the sign; (8) Registered engineer's drawings must be submitted with applications for roof signs over fifty (50) square feet in area, and for any sign the top of which is more than seventeen (17) feet above the ground or weighing more than one thousand (1,000) pounds, or any solid sign of area more than thirty (30) square feet, showing that the sign will be erected to withstand a wind pressure of at least thirty-five (35) pounds per square foot and that the weight of the sign will be amply supported by the roof of the building or the ground support on which it is to be erected; (9) Such other information as the pity manager shall require to show full eompli Prier. with this chapter and all other laws and ordinances of the city. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-33. Computation of sign area. Sign area shall be computed as the smallest square rectangle, triangle, circle or combination thereof which will encompass the entire advertising area, excluding architectural trim and structural supports. When computing sign area, only one (1) side of a sign containing two (2) faces shall be computed. For signs containing more than two (2) faces, one-half (1/2) of the combined area of all of the sign faces shall be used to determine area. (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-34. Fees. Fees to be paid for sign permits shall be as follows: Basic issuance fee $ 15.00 Fifteen (15) square feet or fraction thereof 10.00 Over fifteen (15) square feet to thirty (30) square feet 15.00 Supp. No. 25 1004 SIGNS AND ADVERTISING STRUCTURES § 17-35 Over thirty (30) square feet to forty-five (45) square feet 20.00 Over forty-five (45) square feet to sixty (60) square feet 25.00 Over sixty (60) square feet 30.00 (Ord. No. 60-97-10, § 1, 7-14-97) Sec. 17-35. Permitting of signs on state highway rights-of-way. When a permit is issued for the erection or maintenance of any sign which is to be located on the right-of-way of any state highway in the city, it shall be understood that the permit does not waive any requirements of state law or rules and regulations of the state department of transportation with reference to maintaining signs within any state highway right-of-way. Applicable state permits are required prior to the issuance of city permits for any signs located on state road rights-of-way. (Ord. No. 60-97-10, § 1, 7-14-97) [The next page is 1055] Supp. No. 25 1005 TAXATION § 20-59 Advertising, billboards, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general license) Advertising, outdoor (general license covering all phases of advertising, as defined in F.S. Ch. 479, relating to outdoor advertisers and including erecting, servicing and maintaining of electrical and neon signs) Animal grooming/kennel Apartment building/complex (based on total square footage) Appliance service/repair Auto: Car wash Customizing/detailing Machine shop/welding Oil change Paint and body shop Rental/U-drive Road service/towing Service/repair Service station (the number of pumps shall be calculated either individ- ually or by island as numbered by the service station): 1 to 4 pumps $49.00 5 to 9 pumps 82.00 10 to 12 pumps 110.00 Over 12 pumps 275.00 Stereo/accessories installation Storage Tire dealer Bar/lounge/tavern: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Boat repair Bookkeeping Supp. No. 25 1171 § 20-59 ATLANTIC BEACH CODE Bowling alleys Building inspection Carpentry Carpet cleaners Catering Cement/stone/brick Cemetery Charter vessel Each vessel up to 25 feet $47.00 Plus for vessels over 25 feet, per foot additional 10.00 Vessels over 25 feet require city commission approval Cleaning/janitorial/maid service Computer classes Computer consultant/systems analyst Computer repairs Computer services Consultant, not otherwise classified Consultant/systems analyst Country club: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Dance hall: With 1 COP license, add $55.00 With 2 COP license, add 110.00 With 4 COP license, add 220.00 With lounge and/or micro brewery, add 275.00 Decorator/interior design Delivery/messenger service Dredging/excavation contractor Drywall installation Supp. No. 25 1172 TAXATION § 20-77 Commission approval will be required before occupational licenses will be issued for the following businesses, and license fees shall be as follows: Passenger vessel 1-50 passenger capacity $105.00 51-100 passenger capacity 1,050.00 101 or more passenger capacity 131,250.00 Day labor employment service 5,250.00 Escort service 26,250.00 Body piercing/tattoo artist 200.00 Lingerie modeling shop 26,250.00 900 telephone service or equivalent 26,250.00 Sexually oriented live entertainment 26,250.00 Teen club 5,250.00 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10, 1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No. 45-00-14, § 1, 7-24-00; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business or insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the amount of one (1) percent of the gross amount of receipts of premiums for policyholders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80) State law reference—Authority for this section, F.S. § 185.08. Sec. 20-77. Property insurance. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of property insurance, as shown by the records of the insurance commissioner of the state, an excise or license tax in addition to any license tax or excise tax now levied by the Supp. No. 25 1177 § 20-77 ATLANTIC BEACH CODE city, which tax shall be in the amount of two (2) percent of the gross amount or receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of the city. (Ord. No. 45-80A, 9-8-80) State law reference—Authority for this section, F.S. § 175.101. Sec. 20-78. Payment date. The license or excise taxes levied in section 20-76 or 20-77 shall be due and payable annually on the first day of March of each year. (Ord. No. 45-80-4, 9-8-80) Sec. 20-79. Reserved. ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION Sec. 20-80. Exercise of municipal powers. This article represents an exercise of municipal powers by the city commission, pursuant to Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of Atlantic Beach, but only to taxes levied by Atlantic Beach. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-81. Definitions. As used in this article, the term: Household means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. Household income means the adjusted gross income, as defined in Section 62 of the United States Internal Revenue Code, of all members of a household. (Ord. No. 70-00-14, § 1, 6-26-00) Sec. 20-82. Additional homestead exemption authorized. Commencing January 1, 2001, and annually thereafter, pursuant to Article VII, Section 6(f), Florida Constitution, and Section 196.075, Florida Statutes, an additional homestead exemp- tion of twenty-five thousand dollars ($25,000.00) is hereby authorized for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained the age of sixty-five (65) and whose household income does not exceed twenty thousand dollars ($20,000.00), adjusted by the cost -of -living index for the year 2000. (Ord. No. 70-00-14, § 1, 6-26-00) Supp. No. 25 1178 TRAFFIC AND MOTOR VEHICLES § 21-51 Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in accordance with the terms of this division shall be paid forthwith to the director of finance in a manner prescribed by the director of finance. (Code 1970, § 11-8) Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a parking ordinance of the city, the specification of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. (Code 1970, § 11-7) Secs. 21-42-21-49. Reserved. ARTICLE III. WRECKER SERVICE* Sec. 21-50. Establishment of rotating wrecker call list. The chief of police, subject to approval by the city manager, is authorized to establish standards and rules for the administration of a rotating wrecker service to the city. All wrecker and towing firms, companies, or corporations licensed to conduct that business may apply for a listing by the police department on the rotating wrecker call list. (Ord. No. 57-92-18, § 1, 4-13-92) Sec. 21-51. Charges for towing and storage. (a) The charges for towing and otherwise removing any damaged motor vehicle from any point within the city limits shall be as follows: Daytime (6: 00a. m.-6: 00p. m.) Nighttime (6: 00p. m.-6: 00a. m.) Sunday and Legal Holidays (1) Class A wrecker: Passenger cars and light vans $73.00 $94.00 *Editor's note—Ordinance No. 57-92-18, §§ 1-5, adopted April 13, 1992, did not specifically amend the Code; therefore inclusion as §§ 21-50-21-54 was at the discretion of the editor. Cross references—Removing and impounding, § 21-25; towage and storage charges, § 21-26. Supp. No. 25 1231 § 21-51 Trucks (half -ton to two tons Campers, trailers and mobile homes Motorcycles (2) Class B wrecker: Any truck, unit or part thereof, from more than two tons to ten tons of weight (3) Class C wrecker: Any truck or unit of ten tons or greater weight (4) Overturned vehicles: Regular price plus (5) On Ocean: Driver and/or wrecker must enter water reg- ular price plus (6) Use of dollies: Regular price plus ATLANTIC BEACH CODE Daytime (6: 00a. m.-6: 00p. m.) 73.00 105.00 73.00 $105.00 per hour towing charge, but in no event less than a $100.00 charge for towing, and not more than $105.00 per hour for cleanup, extra labor and waiting time. $157.00 per hour towing charge for a truck or unit transport- able as a whole, but in no event less than $157.00 charge for such towing, or, $210.00 per hour towing charge for a truck or other unit not transportable as a whole, but in no event less tiiaii a:a ,¢pl00.00 0LSCaig0 for ueh towing; and not more than $100.00 per hour for cleanup, extra labor or waiting time. 52.00 52.00 52.00 Nighttime (6: 00p. m.-6: 00a. m.) Sunday and Legal Holidays 94.00 105.00 94.00 52.00 73.00 75.00 (b) The charges for storage of vehicles by wrecker service operators shall be as follows: Storage, outside per day $17.00 Storage, inside per day 21.00 Supp. No. 25 1232 TRAFFIC AND MOTOR VEHICLES § 21-60 (c) When a wrecker is called and the owner arrives to claim his vehicle before it can be removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has been physically attached to the vehicle. If the owner arrives before the wrecker is attached, no fee will be charged. (d) The above charges may be changed by resolution adopted by the city commission. (Ord. No. 57-92-18, § 2, 4-13-92; Res. No. 01-15, § 1, 7-9-01) Cross reference—Towage and storage charges, § 21-26. Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at all times with amber flashing lights and all necessary working tools, including but not limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher. (Ord. No. 57-92-18, § 3, 4-13-92) Sec. 21-53. Liability insurance. All wreckers must have, maintain, and keep in full force and effect, liability insurance in amounts not less than one hundred thousand dollars ($100,000.00) to three hundred thousand dollars ($300,000.00) and property insurance in an amount not less than fifty thousand dollars ($50,000.00). (Ord. No. 57-92-18, § 4, 4-13-92) Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed vehicle without the written consent signed by its owner or his duly authorized agent. (Ord. No. 57-92-18, § 5, 4-13-92) Secs. 21-55-21-59. Reserved. ARTICLE IV. MOTOR VEHICLE TITLE LOANS Sec. 21-60. Definitions. (a) "Title loan agreement" means a written agreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement. (b) "Secondhand dealer" has the same meaning as used in F.S. § 538.03(1)(a), as it may be amended from time to time. (Ord. No. 75-98-13, § 1, 12-14-98) Supp. No. 25 1233 § 21-61 ATLANTIC BEACH CODE Sec. 21-61. Motor vehicle title loan transactions. A secondhand dealer registered under F.S. Ch. 538, Pt. I, may engage in motor vehicle title loan transactions, as that term is used in F.S. Ch. 538, Pt. I, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle; (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and (e) The title loan agreement contains the following statements printed in not less than fourteen -point type: (1) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHI- CLE." (2) "v „ ..r.+ge-1 +„ r,.n...,t� is loan .,+�-� e, on.7 oftho 30 day crio,a m�, lora.,.. "You urt^,. iiia. ^v ua ub..,. w xujsu,y SSSU ats ciao at USS'. �:aa*ac a1 ita�. vv :acaJT }'t.t avu. a. alb aUlalLC i is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible." (3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." (4) "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation of the law." (f) Immediately above the signature of the borrower, the statement that "I, the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." Supp. No. 25 1234 Art. I. Art. II. Art. III. Art. IV. Chapter 22 UTILITIES* In General, §§ 22-1-22-13 Waterworks System, §§ 22-14-22-55 Wastewater System, §§ 22-56-22-300 Div. 1. Generally, §§ 22-56-22-70 Div. 2. Use of Public Sewers Required, §§ 22-71-22-85 Div. 3. Private Wastewater Disposal, §§ 22-86-22-100 Div. 4. Building Sewers and Connections, §§ 22-101-22-125 Div. 5. Use of Public Sewers, §§ 22-126-22-150 Div. 6. Powers and Authority of Inspectors, §§ 22-151-22-165 Div. 7. Sewer User Rates and Charges, §§ 22-166-22-190 Div. 8. Sewer System Extensions, §§ 22-191-22-300 Stormwater Management, §§ 22-301-22-337 Div. 1. Generally, §§ 22-301-22-330 Div. 2. Rates and Charges, §§ 22-331-22-337 ARTICLE I. IN GENERAL Sec. 22-1. Combined sewer and water systems. The sewer systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only, and such combined systems shall hereafter be known as the Atlantic Beach Sewer System. Likewise, the water systems of the Atlantic Beach, Oak Harbor, and Buccaneer plants are hereby combined for financial reporting purposes only, and such combined systems shall hereafter be known as the Atlantic Beach Water System. All systems shall continue to meet any and all bond covenants, restrictions, and other applicable laws. (Ord. No. 80-93-52, § 1, 9-27-93) Sec. 22-2. Return investment policy for Buccaneer plant. The additional rates charged by the Buccaneer systems to customers outside the city pursuant to section 22-27(2) for water and section 22-167(b) for sewer shall be considered a return on investment, and such return on investment shall be contributed to the general fund of the city on an annual basis. (Ord. No. 80-93-52, § 1, 9-27-93) *Cross references—Administration, Ch. 2; buildings and building regulations, Ch 6; mobile homes and recreational vehicles, Ch. 10; planning/zoning/appeals, Ch. 14; refuse and garbage, Ch. 16; signs, posters, etc., prohibited on sidewalks, utility poles, etc., § 17-8; streets, sidewalks and other public places, Ch. 19; public service tax, § 20-10 et seq.; zoning regulation for utility structures, § 24-170. State law references—Water and sewer systems, F.S. Ch. 367; supervision and control of systems of water supply, sewerage, refuse and sewage treatment by the department of health and rehabilitative services, F.S. § 381.261. Supp. No. 25 1275 § 22-3 ATLANTIC BEACH CODE Sec. 22-3. Voluntary collection program to assist needy with utility bills. The director of finance shall accept voluntary donations to be used to assist the needy to pay city utility bills. The city manager is authorized to contract with a social service agency to administer the city's "Atlantic Beach Cares" program of assistance. All guidelines for the program will be set forth in a contract with the administering agency, such contract will include a cancellation provision whereby either party may terminate the contract upon a thirty -day advance written notice to the other. (Ord. No. 80-96-59, § 1, 10-28-96; Ord. No. 80-01-64, § 1, 1-14-02) Sec. 22-4. Authority to adjust or waive charges in appropriate cases. (a) Right to dispute. Every utility customer shall have the right to have any disputed or believed erroneous billing reviewed by an employee of the finance department who is empowered to adjust such billings for overcharging or charging for services not rendered. The finance director shall designate such employees to hear customer disputes and adjust bills to rectify any error and shall make at least one (1) such employee available to customers during regular office hours and such other times as the finance director deems necessary and appropriate. (b) Authority to adjust or waive charges. The adjustment will be made in those cases where the complaints are well founded and adjustments are appropriate. The city may waive or assess late fees and service charges when there is a reasonable basis to believe that the fees or service charges have been assessed or not assessed in error. The city may also waive late fees when it appears that the customer has made a reasonable effort to deliver payment in a timely anncr nr w can f nt payment was 1a ±n (1 p lyty c r^,,ma nnnns h-yond the centre f 'F o �_�..�a �,�.avb� ��,a.,.., �. ✓-a�,.,_��, E^ ,.,�_��---�t:�.m�.,�� y�a_..� �,brti. ...�E_�,��s *.3> ..z.. customer. (c) The city may extend the due dates for customers that are on a fixed income for a time period not to exceed fifteen (15) days past the original due date. The extensions are for the purpose of helping customers on fixed income pay for services at anytime during the month without penalty. The extension however does not extend the time period for cut-off purposes. Consideration of such an extension will be given to those customers with a good payment history and who are willing to sign a statement regarding the income limitations of those in the household. The customer must attest that the only household income received is that of social security or disability income or that the total income of the household is lower than an amount considered a poverty income level by the department of health and human services. The city will place the customer's deposit in a hold status for the duration of the special arrangement. (d) Terms of adjustment. When a customer is determined by the city to have been overcharged or undercharged as a result of incorrect meter reading, defective metering, incorrect application of rate schedule fees and charges, or a mistake in billing or in the billing and collection process, the amount so determined may be credited or back -billed to the customer. The adjustment shall be accomplished over a period not to exceed six (6) months, Supp. No. 25 1276 UTILITIES § 22-13 unless otherwise directed by the finance director or his authorized representative and so noted on the account. If meter malfunctions are caused by tampering or customer -inflicted damage, the back -billed period may be extended to the maximum period allowed by state statute. (Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02) Sec. 22-5. Accounts receivable write-offs. The city will adopt write-off policies and procedures for uncollectible accounts and periodically update the city commission when write-offs occur. (Ord. No. 80-01-63, § 2, 2-26-01) Secs. 22-6-22-13. Reserved. Supp. No. 25 1276.1 Chapter 24 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS* Art. I. In General, §§ 24-1-24-15 Art. II. Language and Definitions, §§ 24-16-24-30 Art. III. 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, §§ 24-101-24-125 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 Art. IV. 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 *Editor's note -Ord. No. 90-01-72, §§ 2 and 3, adopted November 26, 2001, repealed and replaced former Ch. 24, arts. I-IV, §§ 24-1-24-258. Former Ch. 24 pertained to zoning and subdivision regulations and derived from the following ordinances: Ord. No. 95-79-18, 10-8-79, § 2; Ord. No. 90-82-74, 7-26-82, §§ 2(I, B) -2(I, D), 2(I, G), 2(II, A), 2(II, B), 2(1II, A), 2(III, B, 2)-2(III, B, 4), 2(III, C, 1)-2(III, C, 3), 2(III, V, 1), 2(III, E, 1)-2(III, E, 5), 2(III, F, 1), 2(III, F, 2), 2(III, G, 1), 2(111, 11, 1)-2(III, 11, 18), 2(IV, A, 1)-2(IV, A, 3), 2(IV, B, 1)-2(IV, B, 6), 2(W, C, 1), 2(IV, C, 2), 2(IV, D, 1)-2(IV, D, 5), 2(IV, E, 1)-2(IV, E, 8); Ord. No. 90-82-72, 1-10-83, § 1; Ord. No. 96-82-76, 1-10-83, § 1; Ord. No. 90-83-80, 6-27-83, §§ I-V; Ord. No. 90-83-81, 7-11-83, § 1; Ord. No. 90-83-82, 12-12-83, § 1; Ord. No. 90-85-91, 7-8-85, § 1; Ord. No. 90-85-92, 7-8-85, § 1; Ord. No. 90-85-95, 10-14-85, §§ 1, 2; Ord. No. 90-85-96, 10-14-85, § 1; Ord. No. 90-85-97, 1-13-86, §§ 1, 2; Ord. No. 90-85-98, 1-13-86, § 1; Ord. No. 90-86-100, 2-24-86, §§ 1, 2; Ord. No. 90-86-104, 6-23-86, § 1; Ord. No. 90-86-102, 7-14-86, §§ 1, 2; Ord. No. 90-86-105, 7-14-86, §§ 1-3; Ord. No. 90-86-108, 9-8-86, § 1; Ord. No. 90-86-103, 11-10-86, § 1; Ord. No. 90-86-113, 1-12-87, §§ 1, 2; Ord. No. 90-87-117, 3-9-87, § 1; Ord. No. 90-87-119, 4-27-87, § 1; Ord. No. 90-87-124,10-12-87, § 1; Ord. No. 90-87-127,1-11-88, § 1; Ord. No. 90-88-128, 1-25-88, § 1; Ord. No. 90-88-132, 7-25-88, § 1; Ord. No. 90-88-134, 8-8-88, § 1; Ord. No. 90-88-136, 10-24-88, § 1; Ord. No. 90-88-138, 3-27-89, § 1; Ord. No. 90-89-141, 4-24-89, § 1; Ord. No. 95-89-146, 8-28-89, § 1; Ord. No. 90-90-151, 6-25-90, § 1; Ord. No. 90-90-153, 8-28-90, § 1; Ord. No. 90-90-155, 7-22-91, § 1; Ord. No. 90-92-157, 5-26-92, § 1; Ord. No. 95-95-65, 12-11-95, § 1; Ord. No. 45-97-12, 2-24-97, § 1; Ord. No. 90-99-168, 6-28-99, § 1; Ord. No. 90-01-170, 2-26-01, § 1. 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. 25 1403 § 24-1 ATLANTIC BEACH CODE ARTICLE I. IN GENERAL Sec. 24-1. Adoption and authority. This chapter, together with all future amendments hereto, 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 or deny requests to change zoning district classifications, requests for uses -by -exception, requests for variances; to hear appeals on any decisions; to review and approve or deny plats for the subdivision of land and to make comprehensive plan amendments. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-2. Purpose and intent. The purpose of this chapter, the zoning districts and regulations set forth herein is to provide for orderly growth; to encourage the most appropriate use of land; to protect the natural environment; to protect and conserve the value of property; to prevent the overcrowd- ing 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 private 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 the more restrictive or impose higher standards shall control. (Ord. No. 90-01-172, § 2, 11-26-01) 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 conformance with the provisions of this chapter and in conformance with the comprehensive plan. (Ord. No. 90-01-172, § 2, 11-26-01) 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 community development board in the manner as prescribed by Florida law. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1404 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-16 Sec. 24-5. Legal status and consistency with the comprehensive plan. Pursuant to F.S. 163.3194(1), all development undertaken, and all actions taken in regard to development, shall be consistent with the adopted comprehensive plan. Further, all land development regulations enacted or amended shall be consistent with the adopted compre- hensive plan, and in the event of inconsistency between the requirements of any zoning or land development regulations, the provisions of the comprehensive plan shall prevail. The city commission shall have the authority to amend the adopted comprehensive plan in accordance with the process established within F.S. 163.3184. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-6-24-15. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS Sec. 24-16. Construction of language. The following rules of construction shall apply to the text of this chapter: (1) The particular shall control the general. (2) In case of any difference in the 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. (4) A "building" or "structure" includes any part thereof, and these terms may be used interchangeably. (5) The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." (6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", "or" or "either ... or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions or events shall apply; b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; c. "Either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (7) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1405 § 24-17 ATLANTIC BEACH CODE Sec. 24-17. Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section. Abutting property shall mean any property that is immediately adjacent to or contiguous to the subject property, or that is located immediately across any road or public right-of-way from the subject property. Accessory structure shall mean any structure constructed on a lot, not attached to the principal structure, and ancillary to the principal structure. Pump houses for exterior well pumps not exceeding nine (9) square feet in area and four (4) feet in height shall not be considered accessory structures. Pump houses larger than nine (9) square feet or four (4) feet in height shall be considered as a private garage for the purpose of determining height and area regulations. This definition shall not include fences, hedges and walls, storage structures not exceeding eight (8) feet in height and eighty (80) square feet, children's play equipment, per houses and landscape elements provided such are otherwise in compliance with the requirements of this chapter. Accessory use is one that is incidental to the main use of the premises. Administrative official as used within this chapter shall mean that person(s) designated by the city manager or the city commission to perform such duties as required pursuant to this chapter. Adversely affected person as used within this chapter shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by these land development regulations or the city comprehensive plan. The alleged adverse effect may be shared in common with other members of the community, but must exceed in degree the general interest in community good shared by all persons in the community. Alley shall mean a public or private way, which affords only a secondary means of access to property abutting thereof, which is not otherwise designated a thoroughfare or for general traffic, and which is not otherwise designated as a street. Alteration shall mean any change in the arrangement of a building; and work affecting the structural parts of a building; or any change in wiring, plumbing or heating and air conditioning systems. Animal hospital. See Veterinary clinic or hospital. Apartment house. See Dwelling, multifamily. Applicant shall mean the title owner of record, or his authorized representative, of lands that are the subject of a request for a change in zoning classification, a use -by -exception, a variance, an appeal or any development permit. Appraised value shall mean the value to an improvement or property as determined by a certified MIA appraiser. For the purpose of determining the appraised value, the certified appraisal shall have been performed within the previous twelve (12) months. Supp. No. 25 1406 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Assessed value shall mean the value to an improvement or property as determined by the Duval County property appraiser in the manner provided by law. Automotive repair shall mean the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. Bar or lounge shall mean any place devoted primarily to the selling or dispensing and drinking of alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. Block shall mean an arrangement or combination of lots, the perimeter of which abuts street rights-of-way or other publicly -owned lands. This may be construed to include approved subdivision plans with lot arrangements or combinations where only a portion of the perimeter abuts a street right-of-way or public -owned land. Boarding house, rooming house, lodging house or dormitory shall mean a building or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons and where no cooking or dining facilities are provided in individual rooms. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in any amount and form satisfactory to the city commission. All bonds shall be approved by the city commission wherever a bond is required by this chapter. (1) Maintenance bond: Upon issuance of the certificate of occupancy, or when required improvements are installed prior to recording the plat, surety must be posted in the amount of one hundred (100) percent of the original engineer's estimate of the cost of improvements. The condition of this obligation is such that the city will be protected against any defects resulting from faulty materials or workmanship of the aforesaid improvements for a period of one (1) year. (2) Performance bond: When required improvements are installed after recording the plat, surety must be posted in the amount of one hundred and twenty-five (125) percent of the engineer's estimate of costs, including landfill. Buffering. See Screening. Building shall mean any structure designed or built for support, enclosure, shelter or protection of persons, animals or property of any kind. "Building" shall include any structure constructed or used for a residence, business, industry or other private or public purposes, including structures that are accessory to such uses, provided such structures are in compliance with the Florida Building Code. Building coverage. See Lot coverage. Supp. No. 25 1407 § 24-17 ATLANTIC BEACH CODE Building permit shall mean any permit which authorizes the commencement of the construction of improvements in accordance with the construction plans approved by the city under the provisions of this chapter and other applicable federal, state and local regulations. Building, principal shall mean a building in which is conducted the main or principal use of the lot or parcel on which the building is situated. Building restriction line shall mean the line(s) extending across the front, sides and/or rear of the property, as defined by the building setback requirement of each zoning district or as depicted on a platted lot of record. Unless otherwise allowed by this chapter, development of buildings and structures shall be contained within building restriction lines. (See Figure 1 and also definition for building setback. Building setback and building restriction line may have the same meaning and may be used interchangeably.) Figure 1 Building setback shall mean the minimum required horizontal distance between the front, rear or side lines of the lot and the front, rear or sides of the building. When two (2) or more lots -under single or nnified ownership are developed ac a single development parcel, the exterior lot lines of the combined parcel(s) shall be used to determine required building setbacks. (See Figure 2 and definition for building restriction line. Building setback and building restriction line may have the same meaning and may be used interchangeably.) Supp. No. 25 J Figure 2 1408 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Bulkhead shall mean a fixed structure constructed between land and water or marsh areas, primarily designed to resist earth pressures. Car wash shall mean an area of land or a structure with machine or hand -operated facilities, used principally for the cleaning, washing, polishing or waxing of motor vehicles, but shall not include the repair or servicing of motor vehicles. Cemetery shall mean land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuar- ies, if operated in connection with and within the boundaries of such cemetery. Center line, street shall mean a line running parallel with the highway right-of-way, which is the distance between the extreme edges of the official right-of-way width. Certificate of occupancy (certificate of completion) shall mean that certificate issued by the city subsequent to final inspection by the designated administrative official verifying that all improvements have been completed in conformance with the requirements of this chapter, any final subdivision plat, and the approved construction plans. Certificate of ownership shall mean an opinion of title of a licensed attorney or title company certifying to the city commission, based upon an examination of an abstract of title of the official records of Duval County, stating that the applicant is the owner in fee simple of the tract. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to said tract, if any. Certified survey shall mean a survey, sketch plan, map or other exhibit containing a written statement regarding its accuracy or conformity to specified standards certified and signed by the registered surveyor under whose supervision said survey was prepared. Change of use shall mean discontinuance of an existing use and the substitution of a different use as classified by these land development regulations. In the case of question regarding use, such use shall be determined based upon the Standard Industrial Classification (SIC) Code Manual issued by the United States Office of Management and Budget. Child care means the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours per day, on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his individual needs, and for which a payment, fee, or grant is made for such care. Child care facility shall include child care centers or child care arrangements which provide child care for more than three (3) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. Church shall mean a building used for nonprofit purposes by a recognized or established religion as its place of worship. Such building may include a residential dwelling unit for the pastor or minister. City shall mean the City of Atlantic Beach. Supp. No. 25 1409 § 24-17 ATLANTIC BEACH CODE Clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists; dentists or any such profession, the practice of which is lawful in the State of Florida. Club shall mean a building and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service, which is customarily carried on as a business. Coastal construction control line (CCCL) shall mean the line of that name as determined by the Florida Department of Environmental Protection. Code shall mean the Code of Ordinances for the City of Atlantic Beach, Florida. Community center shall mean a recreational facility or a community meeting facility. Comprehensive plan shall mean the local government comprehensive plan, which was adopted by the city commission pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, consistent with Chapter 163, Florida Statutes, and which serves as the legal guideline for the future development of the city. Pursuant to Florida Statutes, Chapter 163.3194(1)(b), in the case of any inconsistency between the provisions of this chapter and the comprehensive plan, the comprehensive plan shall prevail. Construction plans shall mean the construction and engineering drawings, specifications, tests and data necessary to show plans for construction of the proposed improvements to land, and shall be in sufficient detail to permit evaluation of the proposals. Corner lot. See Lot, corner. Covenants shall mean private agreements recorded in the public records that restrict the use of private property. These land development regulations shall not abrogate or annul any private covenants or agreements, provided however, that if these regulations impose a greater restriction on the use and development of land, the provisions of these regulations shall govern. The city shall not enforce private covenants and agreements, however, the city shall not knowingly issue development permits that are in conflict with private covenants. If applicable, applications for development permits shall provide evidence of compliance with private covenants prior to the issuance of such permits. The term covenants shall include restrictive covenants, and other similar terms used to describe such private agreements. Density shall mean the number of residential dwelling units permitted per acre of land, or portion thereof, exclusive of dedicated public rights-of-way, canals and drainage ditches, lakes, rivers and jurisdictional wetlands or lands seaward of the coastal construction control line. Allowable density shall be established by the comprehensive plan, as may be amended. Supp. No. 25 1410 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Development shall be defined according to Florida Statutes, Chapter 380.04, as follows: (1) Development means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into two (2) or more parcels. (2) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section: a. A reconstruction, alteration of the size or material change in the external appearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of business, manufacturing establishments, offices or dwelling units in a structure or on land. c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal, including any coastal construction, as defined in F.S. Ch. 161.021. d. Commencement of drilling, except to obtain soil samples, mining or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purposes of this chapter to involve development as defined in this section: a. Work by highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. b. Work by a utility and/or other person engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing or construction on established rights of way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like. c. Work for maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. d. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. e. A change in the ownership or form of ownership of any parcel or structure. f. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land. Supp. No. 25 1411 § 24-17 ATLANTIC BEACH CODE Development permit shall include any building permit, variance, use -by -exception, plat or subdivision approval, rezoning, or other official action of the city, which shall permit the development of land. District shall mean zoning district classifications as established by the official zoning maps and as set forth in Division 5 of this chapter. Duplex. See Dwelling, two-family. Dwelling, multifamily shall mean a residential building designed for or occupied exclusively by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family shall mean a building containing one (1) dwelling unit, and not attached to aiiy other dwelling unit by any means, and occupied by one (1) family only. Dwelling, two-family (duplex) shall mean a residential building containing two (2) dwelling units designed for or occupied by two (2) families, with the number of families in residence not exceeding one (1) family per dwelling unit. Dwelling unit shall mean a single unit providing complete independent living facilities for a family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement shall mean a grant from a property owner for the use of land for a specific purpose or purposes by the general public, by a corporation or by certain person(s). Eaves and cornices shall mean typical projections from the roof structure of a building. Eaves and cornices shall not project beyond forty-eight (48) inches into required front and rear yards. F;avas and rornieps shall not prrjprt into rpcnnired gide yarn a beyond twenty-fniir (24) inches, or forty (40) percent of the established required side yard setback, whichever distance is less. Environmentally sensitive areas shall include lands, waters or areas within the city which meet any of the following criteria: (1) (2) (3) (4) (5) (6) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District (SJRWMD); Estuaries, or estuarine systems; Outstanding Florida waters and natural water bodies; Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line; Areas designated as conservation by the future land use map; Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service; Supp. No. 25 1412 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Exception, use -by is a departure from the general provisions of these land development regulations granted under the express provisions of the enactment itself. See section 24-63. Family shall mean one (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two (2) living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a family. Family day care home shall mean as defined by state law. (See also Group care home.) Pursuant to Chapter 166.0445, Florida Statutes, the operation of a residence as a family day care home registered and licensed with the department of children and family services shall constitute a permitted residential use and shall not require approval of a use -by -exception. Flood shall mean a temporary rise in the level of a body of water inundating areas not ordinarily so covered. Flood frequency shall mean the statistically determined average for how often a specific flood level or discharge may be equaled or exceeded. Floodway shall mean the channel of a watercourse and portions of the adjoining flood plane, which are reasonably required to carry and discharge the regulatory flood. Floor area shall mean the sum of the gross horizontal area of all floors of a building or buildings, measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached buildings. Foster home shall mean any establishment or private residence that provides twenty -four- hour care for more than three (3) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, and whether or not operated for profit. Future land use, as used in this chapter, shall mean the future land use as designated by the adopted comprehensive plan map, as may be amended. Garage apartment shall mean a living facility or guest quarters for not more than one (1) family, which is combined with a private garage, allowed only as set forth within section 24-88. A garage apartment shall not be leased or rented for periods of less than ninety (90) consecutive days. Only one (1) garage apartment shall be allowed on a residential lot, subject to the provisions of section 24-88. Garage apartments shall remain in joint ownership with the principal use structure. Garage, apartment building shall mean a building, designed and intended to be used for the housing of vehicles, belonging to the occupants of an apartment building on the same property. Garage, private shall mean an accessory structure or a portion of the principal building used for storage of motor vehicles and personal property belonging to the occupants of the principal building. A carport shall be considered as a private garage. Garage, public shall mean a building or portion thereof, other than a private garage, designed or used for the parking, storage and hiring of motor vehicles. Supp. No. 25 1413 § 24-17 ATLANTIC BEACH CODE Garage, repair shall mean a building, or portion thereof, used for repairing, equipping or servicing motor vehicles. See also Service station. Garage sale shall mean the sale of personal property in, at or upon any residentially zoned property, or upon any commercially zoned property independent of any business licensed under this Code to conduct retail sales upon such property. Garage sales shall include, but not be limited to, the advertising of the holding of any such sale, or the offering to make any such sale, whether made under any other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale. Government use shall mean the use of lands owned by the federal, state or local government used for a purpose, which is related to governmental functions. Any lawful activity is permitted without restriction. Any land used by a government, which is converted to private ownership, shall comply with the requirements of the zoning district classification and the comprehensive plan. Grade, calculated average shall mean the average elevation of a site, calculated prior to excavation, fill or land balancing. The average elevation of the site shall be determined by superimposing a horizontal grid composed of ten (10) equidistant lines by ten (10) equidistant lines, arranged such that the outer perimeter lines shall be substantially aligned with the exterior lot lines, over the existing site. At each of the intersections of the lines of the grid, the existing grade elevation shall be determined by a registered land surveyor using standard practices. The average elevation of the site shall then be determined by adding the one hundred (100) elevations as measured at the points of intersection of the grid together and dividing by one hundred (100). This calculated average elevation shall be used for all determinations of building heights on that site and shall be recorded in the records of the city. Alternatively, and by mutual concurrence of the property owner and the zoning official, on sites where the existing grade is predominantly flat, with few or no variations of grade, the calculated average grade may be calculated by establishing the elevation at the points of intersection of the exterior lot lines plus one (1) point at the approximate center of the property. All points measured shall lie on or within the lot lines of the property. Grade, developed calculated average shall be used for lots with existing structures or sites where a structure previously existed and no record or means of determining the calculated average grade exists. The developed calculated average grade shall be determined by superimposing a ten (10) by ten (10) grid of elevation points over the entire lot. The average elevation of those points not lying within any portion of an existing structure shall be the developed calculated average grade for the purpose of building height measurements. Alternatively, and by mutual concurrence of the property owner and the building official, on sites where the existing grade is predominantly flat, with few or no variations of grade, the developed calculated average grade may be calculated by establishing the elevation at the points of intersection of the exterior lot lines. All points measured shall lie on or within the lot lines of the property. Supp. No. 25 1414 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Grade, finished shall mean the elevation of a site after all fill, land balancing or site preparations have been completed. Finished grade shall not be used in the calculation of allowable height of building. Group care home shall mean any dwelling, building or other place, occupied by seven (7) or more persons, including staff, whether operated for profit or not, which provides for a period exceeding twenty-four (24) hours, one (1) or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, who require such services. The personal services, in addition to housing and food services, may include but not be limited to personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security, and other related services but not including medical services. Height of building shall mean the vertical distance from the calculated average grade of the lot to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys. Home occupation shall mean any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental and secondary to the principal use of the dwelling for residential purposes and does not change the character thereof. Home occupations shall be allowed only in accordance with the requirements of section 24-159. Home office shall mean an activity consisting only of a private office for a practitioner of a recognized profession, which is entirely located within a residential structure and does not involve any daily contact with customers or clients. A home office shall be clearly incidental and accessory to the residential use of the property, and shall not involve any employees, commercial signage, manufacturing or storage of products or materials, equipment other than normal office equipment and shall not create any additional daily traffic. Home offices shall be a permitted accessory use in all residential zoning districts. Hospital shall mean any institution or clinic, which maintains and operates facilities for overnight care and treatment of two (2) or more unrelated persons as patients suffering mental or physical ailments, but not including any dispensary or first-aid treatment facilities maintained by a commercial or industrial plant, educational institution, convent or convales- cent home, as previously defined. Hotel, motel, motor lodge or tourist court shall mean a building as licensed by the State of Florida containing individual guest rooms for which daily or weekly lodging is provided. House trailer. See Mobile home. Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above grade shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of Supp. No. 25 1415 § 24-17 ATLANTIC BEACH CODE that stormwater shall not be considered impervious areas. Swimming pools shall not be considered as impervious surfaces because of their ability to retain additional rain water, however, decking around a pool may be considered impervious depending upon materials used. Institutional use shall mean the structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on functions, such as hospitals, schools, churches; fraternal orders, orphanages and nursing or convalescent homes. Junk yard. See Salvage yard. Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics, animal grooming parlors or pet shops. Kitchen shall mean an area equipped for food storage, preparation, or cooking in one (1) household. Land shall mean the earth, water and air, above or below, or on the surface, and includes any improvements or structures customarily regarded as land. Land development regulations, as used within this chapter shall have the same meaning as defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building and construction and other regulations controlling the use and development of land. Landscaping shall mean any of the following or combination thereof: living materials, such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls, fences, berms, sculptures and fountains, but excluding paving. Laundromat, self-service shall mean a business that provides home -type clothes washing and drying or ironing machines to be used by customers on the premises. Live entertainment includes, but is not limited to, singers, pianists, modeling of lingerie for audiences for entertainment purposes, musicians, musical groups, bands, vocal or instrumen- tal dancers, theatrical shows, magicians, performers, comedians and all fashions, forms and media of entertainment carried on and conducted in the presence of and for the entertainment and amusement of others and as distinguished from records, tapes, pictures and other forms of reproduced or transmitted entertainment. Living area shall mean the minimum floor area of a residential dwelling unit, as measured by its exterior dimensions, having access from within the main living area, exclusive of carports, porches, sheds, garages and utility rooms which are not contained within the walls of a dwelling unit. Loading space shall mean a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks or other motor vehicles, constructed consistent with the requirements of this chapter. Supp. No. 25 1416 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this chapter and having its frontage upon a street right-of-way or permanent easement, and as may be defined in Chapter 177, Florida Statutes. Lot area shall mean the area formed by the horizontal plane within the lot lines. Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front yard. The exterior lot line of the longest side of the lot abutting the street shall be considered a side yard and shall have a minimum setback of fifteen (15) feet. The opposite side yard shall conform to the minimum side yard requirement of the zoning district in which it is located. The rear yard shall have a minimum setback of twenty (20) feet. Lot coverage shall mean the area of the lot covered by all impervious surfaces. Lot depth shall mean the distance measured from the middle point of the front lot line to the middle point of the opposite rear lot line. Lot line shall mean the legal boundary of a lot as established by a certified land survey. Lot of record shall mean: (1) A lot that is part of a documented subdivision, the map of which has been recorded in the office of the clerk of the circuit court, or (2) A lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of the clerk of the circuit court, consistent with and in compliance with land development regulations in effect at the time of said recording. Lot width shall mean the mean horizontal distance between the side lot lines, measured at right angles to its depth. Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and pleasure boats on land, in buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling, minor repair and launching. Mean high water shall mean the average height of the high waters over a nineteen -year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen -year value, as defined in Chapter 253, Florida Statutes. Miniwarehouses shall include all those businesses commonly known as miniwarehouses, which shall be utilized for the sole purpose of storage of tangible personal property. Mobile home shall mean a structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities including plumbing, heating, air- conditioning, and electrical systems. Supp. No. 25 1417 § 24-17 ATLANTIC BEACH CODE Nonconforming lot of record shall mean a lot of record containing less than the minimum site area, site dimensions or other site requirements of the applicable zoning district, or which is not in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was legally recorded and documented prior to the effective date of such land development regulations. (See Lot and Lot of record.) Nonconforming structure shall mean a structure or building or portion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations. Nonconforming use shall mean the use of a structure or building or portion thereof, or land or portion thereof, which does not conform with the land development regulations and/or comprehensive plan future land use map designation applicable to the lands in which the use is located, but which was legally established prior to the effective date of such land development regulations or comprehensive plan. Nursing home. See Group care home. Occupied includes designed, built, altered, converted to or intended to be used or occupied. Office, business or professional shall mean a building providing office space for business of professional services. Open space shall mean an area open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention facilities, swimming pools, tennis courts, or similar open air recreational facilities. Streets, structures and screened or impervious roofed structures shall not be allowed in required open space. Parcel shall mean a tract of land, which may be described by metes and bounds or recorded plat. See also the definition for lot. Parking, accessible shall mean parking spaces designed in compliance with the Americans with Disabilities Act (ADA) of 1990 Accessibility Guidelines for Buildings and Facilities (ADAAG). Parking lot shall mean an area used exclusively for the parking of motor vehicles, whether or not a fee is charged. Parking space, off-street shall mean a space consisting of an area adequate for parking motor vehicles with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally outside of any street or alley right-of-way. Width, depth and arrangement of parking spaces shall conform to specifications in this chapter and may be divided into spaces for standard size vehicles. Permanent control point (PCP) shall be a secondary horizontal control monument and shall be a metal marker with the point of reference marked thereon or a four (4) by four (4) inch Supp. No. 25 1418 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 concrete monument, a minimum of twenty-four (24) inches long, with the point of reference marked thereon. PCPs shall bear the registration number of the surveyor filing the plat of record. Permanent reference monument (PRM) shall consist of a metal rod a minimum of twenty- four (24) inches long, or a one and one-half (P12) inch minimum diameter metal pipe a minimum of twenty (20) inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of six (6) inches in diameter, and extending a minimum of eighteen (18) inches below the top of the monument, or a concrete monument four (4) inches by four (4) inches, a minimum of twenty-four (24) inches long, with the point of reference marked thereon. A metal cap marker with the point of reference marked thereon shall bear the registration number of the surveyor certifying the plat of record, and the letters "PRM" shall be placed in the top of the monument. Planned unit development (PUD) shall mean land under unified control, planned and developed as a whole in a single unified development or in approved phases. PUDs may include dwelling units and related uses and facilities. Applications for planned unit developments shall identify all principal and accessory uses and structures proposed within the PUD as well as those in the surrounding areas. Planned unit developments are intended to be developed according to a comprehensive and detailed plan of development, which includes streets, utilities, lots or building sites, and facilities and services for common use by some or all of the occupants of the PUD, whether public or private. Planned unit developments shall be consistent with the comprehensive plan. Planning agency shall mean the community development board, or any other agency designated by the city commission, to serve those functions as the city's local planning agency, pursuant to Chapter 163, Florida Statutes as well as other functions as directed by the city commission. Plat, final subdivision means the plat to be recorded in accordance with final engineering plans, specifications and calculations; certification of improvements, as -built drawings, or performance guarantee; and other required certifications, bonds, agreements, approvals, and materials for a development or a phase of a development or the entire parcel of land proposed for development as required pursuant to Article IV of this chapter. Plat, re plat, amended plat, or revised plat shall mean a map or delineated representation of the division or re -division of lands, being a complete and exact representation of the subdivision and including other information in compliance with the requirements of all applicable sections of this chapter, the comprehensive plan, applicable local ordinances, and Part I, Chapter 177, Florida Statutes. Principal building shall mean the structure or building housing the main use of the property. Principal use shall mean the primary use of land, as distinguished from an accessory use. Supp. No. 25 1419 § 24-17 ATLANTIC BEACH CODE Property line shall mean the exterior lot lines of a single parcel or a group of lots when two (2) or more lots are considered together for the purposes of development. Protective covenants. See Covenants. Public improvement shall mean those improvements required to be dedicated to the city, including but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, parks, permanent reference monuments (PRMs), permanent control points (PCPs) or any other improvement required by the city. Public open space shall mean open space, land or water areas, available for public use, not restricted to members or residents. Public utility services or essential facilities shall mean the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants, pumping stations, sewage disposal or pumping plants, telecommunication facilities and other similar public service. Structures operated by a publicly or privately -owned utility, a municipal or other governmental agency, lawfully designated to furnish services area also included within this definition. Recreational vehicle (RV) shall include the following types of vehicles: (1) Travel trailer shall mean a vehicular, portable structure built on a chassis and towed; designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified travel trailer by the manufacturer on the trailer; and when factory -equipped for the road, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. (2) Pickup coach shall mean a structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses. (3) Camping trailer shall mean a collapsible, temporary dwelling structure covered with a water-repellent fabric, mounted on wheels and designed for travel, recreation and vacation uses. (4) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile and into the trunk with the cover removed, and is designed for travel, recreation and vacation uses. (5) Vans or similar enclosed vehicles specially equipped for camping. Restaurant shall mean any establishment where food is prepared or served for consumption on or off the premises or within an enclosed business or building. Right-of-way shall mean the area of a highway, road, street, way, parkway or other such strip of land reserved for public use, whether established by prescription, easement, dedica- tion, gift, purchase, eminent domain or other lawful means. Supp. No. 25 1420 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. salvage yards shall include automobile wrecking, house wrecking and structural steel materials and equipment yards, but shall not include places for the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials for manufacturing operations. Screening shall mean the required treatment of land parallel to adjacent lot lines, containing either: densely planted trees and shrubs at least four (4) feet in height at the time of installation and of an evergreen variety that shall form a year-round visual barrier and shall reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped berm may be used in place of a fence, wall or trees. Seat shall mean, for the purpose of determining the number of required off-street parking spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24) inches of seating shall count as one (1) seat. For areas without fixed seating such as standing areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required seat. Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed general automotive servicing, as distinguished from automotive repairs. Setback shall mean the required distance between the lot line and the building or structure. See definition for Building setback. Shopping center shall mean a group of retail stores or service establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in location, size and type of shops to the trade area which the unit serves. Supp. No. 25 1421 § 24-17 ATLANTIC BEACH CODE Sight triangle shall mean the area within the limits described by the two (2) intersecting center lines of a street and a line drawn between them from points on each center line that are a prescribed number of feet from the intersection of the center lines. See Figure 3. Street Right -of -Way Line Figure 3 Sign shall mean any written, pictorial, presentation, illustration, decoration, banner, pennant, balloon or other device which is used to announce, direct attention to, identify, advertise or otherwise convey a message. Stoi y shall mean that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and ceiling above. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property. This includes lane, place, way, alley or other means of ingress or egress, regardless of the term used to describe it. Street, arterial shall mean a part of the roadway system serving as a principal network for through traffic flow, including all state roads and any other roadway serving a similar function. Arterial streets are utilized primarily for high speed vehicular traffic and heavy volumes of traffic, collecting traffic from collector streets. Street, major collector shall mean a street carrying medium volumes of traffic collected primarily from minor collector streets and delivering the traffic to arterial streets. Street, minor collector shall mean a street carrying relatively light volumes of traffic primarily from minor collector streets to major collector streets. Street, private shall mean privately -owned and maintained on a recorded easement or approved by the appropriate city agency. Supp. No. 25 1422 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17 Street, public shall mean a street legally dedicated to public use and officially accepted by the city. Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street. The street right-of-way line shall be considered a lot line. Structural alteration shall mean any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean that which is built, constructed or erected that is thirty (30) inches or more in height, excluding fences not over six (6) feet in height and landscape features that do not contain a solid or screened roof such as trellises, pergolas, fountains and statuary. Subdivision shall mean the division of land, whether described by metes and bounds or by recorded plat into two (2) or more contiguous lots or parcels of land. However, the division of land into parcels of more than five (5) acres, not involving any change on street lines or public easements shall not be deemed a subdivision within the meaning of this chapter. The term subdivision shall include re -division or re -subdivision. Subdivisions must demonstrate com- pliance with the provisions of this chapter and the comprehensive plan prior to the issuance of development permits. Swimming pool shall mean any constructed pool used for swimming or bathing. Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the general public. Townhouse shall mean a residential dwelling constructed in a group of two (2) or more attached units with property lines separating each dwelling unit through a common wall(s) and where ownership is in fee -simple title to each dwelling and property. Development of townhouses, or conversion to townhouses, shall be allowed only in compliance with Florida Building Codes related to adequate fire wall separation. Further, development of townhouses, or conversion to townhouses, shall be allowed only in compliance with the residential density as established by the comprehensive plan, and in accordance with proper subdivision, platting or replatting provisions as contained in this chapter and Part I, Chapter 177, Florida Statutes. Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and used for transporting a boat, animal, equipment or general goods. See also Recreational vehicle. Travel trailer park or court shall mean a park or court, licensed and approved by the state board of health, and established to carry on the business of parking travel trailers. Use. To the extent used in these land development regulations, use shall mean the lawful purpose for which land or water, or a structure thereon, is designated. Used, occupied, as applied to any land or structure, shall include the words "intended," "arranged," "designated to be used for" or "occupied by." Supp. No. 25 1423 § 24-17 ATLANTIC BEACH CODE Variance, zoning. A zoning variance shall mean a relaxation in the terms of this chapter where such variance shall not be contrary to the public interest, and where because of exceptional narrowness, shallowness, irregular shape of a specific piece of property, or because of exceptional topographic conditions, or other unusual circumstances particular to a specific property, the literal enforcement of certain requirements of this chapter would result in an undue hardship to carry out the purpose and intent of this chapter, or would be contrary to the purpose and intent of this chapter. A zoning variance shall not reduce minimum lot area, lot width or maximum building height as established for the variance zoning districts, and a zoning variance shall not be used to modify the use terms of property. A zoning variance shall be approved only in accordance with the provisions as set forth in section 24-64 of this chapter. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading spaces and access drives within property located in the commercial and industrial zoning districts. Vested development shall mean a proposed development project or an existing structure or use, which in accordance with applicable Florida law or the specific terms of this chapter, is exempt from certain requirements of these land development regulations and/or the compre- hensive plan. Veterinary clinic shall mean any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but shall not include the boarding of well animals. Wetlands means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of actual wetland boundaries may be made by professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of wetlands. Yard means a required open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, landscape elements and uncovered steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise provided within this chapter. Yard, required front means the required yard extending across the full width of the lot, extending from the front lot line to the front building setback line as established by the zoning district designation. (See definitions for Eaves and cornices and Building setback.) Yard, required rear means a required yard extending across the full width of the lot, extending between the rear lot line and the rear building setback line as established by the zoning district designation. (See definitions for Eaves and cornices and Building setback.) Supp. No. 25 1424 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-46 Yard, required side means a required yard extending between a side lot line and the side building setback line as established by the zoning district designation. (See definitions for Eaves and cornices and Building setback.) Zoning map shall mean the official record of the city depicting the zoning district classifications on property within the municipal limits of the city. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-18-24-30. Reserved. ARTICLE III. ZONING REGULATIONS DIVISION 1. GENERALLY Sec. 24-31. Scope. The provisions of this chapter shall be administered in accordance with the rules set forth within this article and the detailed regulations governing each zoning district. Administrative procedures and the responsibilities of the city commission, the community development director, and the community development board are set forth herein. Procedures for the filing of applications, for amendments to this chapter, the appeal of decisions on any matter covered within this chapter are also included herein. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-32-24-45. Reserved. DIVISION 2. ADMINISTRATION Sec. 24-46. City commission. It shall be the responsibility of the city commission to perform the following duties and responsibilities in accordance with this chapter: (1) To enforce this chapter in accordance with, and consistent with, the adopted compre- hensive plan for the city; (2) To make amendments to the comprehensive plan, this chapter, the zoning map by a simple majority vote of the city commission after holding the required public hearing, and after considering a written recommendation from the community development board performing its functions as the planning agency; (3) To approve or deny requests for subdivisions, plats and changes to plats and planned unit developments (PUDs) after holding required public hearing and after considering a written recommendation from the community development board; (4) To establish fees to related to the administrative costs of carrying out the requirements of this chapter; Supp. No. 25 1425 § 24-46 ATLANTIC BEACH CODE (5) To appoint a community development director to administer the provisions of this chapter, who shall be the city manager or his designee. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-47. Community development director. The community development director, or designee, shall have the following authorities and responsibilities: (1) To accomplish all administrative actions required by this chapter, including proper notices as specified in this chapter or as otherwise required; the receiving and processing of appeals; and the acceptance and accounting for fees. (2) To provide written instructions to applicants related to the required process for requests as required under this chapter and to assist applicants in understanding the provisions of this chapter. (3) To receive and initiate the processing of all applications for changes in zoning district designations, uses -by -exception and variances. (4) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary; (5) To recommend to the community development board and the city commission, amendments to this chapter and the zoning map, with a written statement outlining the need for such changes. (,6) To conduct necessary field inspection: required to azdf£JL, the community d velopm rxt board and the city commission related to zoning matters. (7) To review preliminary development plans, applications for building permits, including site and lot plans, to determine whether the proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter and the comprehensive plan. The building official's signature, stating approval, shall be required on all development plans before a building permit shall be issued. (8) To grant minor dimensional zoning variances, excluding changes to lot area, height and parking, or minor variances to development design standards as set forth in this chapter provided the requested variance is not more than five (5) percent from the standard or requirement requested to be waived. (9) To post signs on property undergoing zoning proceedings and promptly remove these signs after the zoning process is completed. (10) To mail notices of zoning requests to be considered at the regularly scheduled meetings of the community development board to respective members at least seven (7) days prior to the meeting date to allow members ample time to review the requests. Supp. No. 25 1426 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-49 (11) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsi- bilities assigned to the community development director as may be necessary to carry out properly the functions of the office. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-48. Local planning agency. The community development board, as established by the city commission, shall serve as the local planning agency for the city and shall serve the following functions, including those functions as the local planning agency as set forth in Chapter 163, Florida Statutes. (1) To review those matters referred to the community development board and hold regularly scheduled meetings for the purpose of reviewing such documents. (2) To review applications for all proposed changes in zoning district designations, proposed plats, changes to previously approved plats, planned unit developments, and changes to comprehensive plan future land use designations. (3) To transmit to the proper governmental bodies, agencies or departments the written recommendation of the community development board, where the recommendations are called for by this chapter. (4) To provide for internal procedures, with the assistance of the community development director, required to carry out the intent of this chapter. Such procedures shall include deadlines for filing applications prior to regularly scheduled meetings to allow time for adequate review and the preparation of a written report and recommendation of each application. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-49. Community development board. The community development board shall be appointed by the city commission. The organization and procedures under which this board operates, its arrangement of meetings, adoption of rules and its method of hearing and acting upon appeals, variances or other related matters shall be in conformity with the provisions of Chapter 14 of this Code. It shall be the responsibility of the community development board: (1) To hear and decide appeals where it is alleged there is an error in any order, requirement, administrative decision made by the community development director in the enforcement of this chapter. (2) To approve or deny zoning variances in accordance with the provisions of section 24-64. Applications for a zoning variance shall be considered on a case by case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of section 24-64. (3) In granting a variance, the community development board may prescribe appropriate conditions and safeguards in conformance with this section or any ordinance enacted Supp. No. 25 1427 § 24-49 ATLANTIC BEACH CODE under its authority. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (4) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by -exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the city commission. In the event that the use -by -exception is denied by the city commission, any approved variance shall be rendered null and void. (5) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. (6) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (7) In exercising its powers, the community development board may, in conformance with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement, decision or determination provided such action is based upon new evidence or where it is determined that a previous decision was made based upon inaccurate information. (8) Rulings and decisions of the community development board shall become immediately effective, unless otherwise ordered by the board. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-50. Appeals. Appeals of administrative decisions made by the community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any party may appear in person, by agent or by attorney. (1) Appeals of administrative decisions of the community development director. Appeals of a decision of the community development director may be made to the community development board by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The community development director shall, upon notification of the filing of the appeal, transmit to the community development board, all the documents, plans, papers or other materials constituting the record upon which the action being appealed was derived. Supp. No. 25 1428 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-51 (2) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the city commission within thirty (30) days after the filing of the appeal with the city clerk. (3) Stay of work. An appeal to the community development board or the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the designated administrative official shall certify to the community development board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order, which may be granted by the community development board after application to the officer from whom the appeal is taken and on due cause shown. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-51. Vested rights. (a) Determinations of vested rights. The determination of vested rights shall be based upon factual evidence provided to the city. Each vested determination shall be based on an individual case-by-case basis. Applications for a determination of vested rights shall be submitted to the community development director. The applicant shall have the burden of proof to demonstrate the entitlement to vested rights pursuant to the requirements of Florida law and shall provide all information as may be required. All vested development subject to a vested rights determination shall be consistent with the terms of the development approval upon which the vesting determination was based. (b) Expiration of vested rights. (1) Statutory vested rights determinations shall not have a specific expiration date unless specified in other ordinances, development permits or statutory limitations. Such vested rights may expire as otherwise allowed or required by applicable law. (2) Common law vested rights determinations, which have been recognized by the city, shall remain valid for a period of up to five (5) years from the date the determination was made unless otherwise specified by the vesting determination, provided that the city may cancel and negate such vested rights prior to the expiration of said time period if it can demonstrated that the request for a vested rights determination was based on substantially inaccurate information provided by the applicant, or that the revocation of said vested rights is clearly established to be essential for the health, safety and welfare of the public. Supp. No. 25 1429 § 24-51 ATLANTIC BEACH CODE (3) Appeals of vesting determinations. An appeal of the denial of a vesting determination may be made to the city commission by filing such appeal with the city clerk within thirty (30) days of receipt of written notification of the denial. Appeals of vesting determinations shall be granted only by the city commission. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-52-24-60. Reserved. DIVISION 3. APPLICATION PROCEDURES Sec. 24-61. Amendment and repeal. (a) The city commission may from time to time amend, supplement, change or repeal these land development regulations, the zoning district classifications and boundaries, and the restrictions as set forth within this chapter. (b) Proposed changes and amendments may be recommended by the city commission, the community development board, a property owner for his own land, or by petition of the owners of fifty-one (51) percent or more of the area involved in a proposed district boundary change, or the community development director. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-62. Change in zoning district classification. The following steps shall be followed to request a change in zoning district and zoning map classification: /1\ All applications shall uc flied vvi ii the community development director on the proper form. (2) The application submitted shall include the following information: a. The legal description, including the lot and block numbers, of the property to be rezoned; b. The names and addresses of all owners of the subject property; c. Existing and proposed zoning district classification of the property; d. A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and: 1. If joint and several ownership, a written consent, to the rezoning petition, by all owners of record; or 2. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or 3. If an authorized agent, a copy of the agency agreement or written consent of the principal/owner; or Supp. No. 25 1430 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-62 4. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or 5. If a group of contiguous property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent. 6. A complete list of all property owners, mailing addresses and legal descrip- tions for all property within three hundred (300) feet of the subject parcel as recorded in the latest certified official tax rolls of the county; 7. A statement of special reasons for the rezoning as requested; 8. Payment of the official filing fee as set by the city commission; 9. The signature of each and every owner of the lands sought to be rezoned. (3) After the community development director has received the request, the request shall be placed on the agenda of the next meeting of the community development board, provided that the request is received at least thirty (30) days prior to the meeting. The community development board shall review each request for rezoning, conduct a public hearing after due public notice, and make a written recommendation to the city commission. The written report and recommendation shall: a. Show that the community development board has studied and considered the need and justification for the change. b. Indicate the relationship of the proposed rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is consistent with the comprehensive plan. c. Submit such findings and a recommendation in support of or opposition to the requested rezoning to the city commission not more than sixty (60) days from the date of public hearing before the community development board. d. The city commission shall review the recommendations made by the community development board and hold a public hearing, with due notice, to consider the request. e. It shall be the responsibility of the community development director to give due public notice of both community development board and city commission public hearings. Property owners within three hundred (300) feet of all boundaries of the property sought to be rezoned shall be notified in writing. Such notification shall be mailed not less that fifteen (15) days prior to the public hearings. f. Following the public hearings, the city commission, by ordinance, may change the zoning district classification of said petitioners, or it may deny the petition. In the Supp. No. 25 1431 § 24-62 ATLANTIC BEACH CODE case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same premises, until after three hundred sixty-five (365) days from the date of the denial. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-63. Use -by -exception. The following steps shall be required to request a use -by -exception: (1) All applications shall be filed with the community development director on the proper form, and said application shall only be accepted when filed by the owner of the property or his authorized agent. (2) The application shall include the following information: a. A legal description of the property; b. The names and addresses of the property owners; c. A description of the use -by -exception desired, which shall specifically and particularly describe the type, character and extent of the proposed use -by - exception; d. The reason for requesting the use -by -exception; e. The signature of the owner, or the signature of the owner's authorized agent, and written authorization by the owner for the agent to act on the behalf of the property owner. f. Payment of the official filing fee as set by the city commission. Pam- thecommunity development director as e-CeiVed the request, the request shall � s.x c,a> be placed on the agenda of the next meeting of the community development board, which shall meet the time limit required by the community development board. The community development board shall review each request for use -by -exception, conduct a public hearing after due public notice, and make a written recommendation to the city commission. The written report and recommendation shall state specific reasons and findings of fact, upon which the recommendation to approve or deny has been based. (4) The review of any application for a use -by -exception shall consider: a. Ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading spaces, where required, with particular attention to the items in (1) above; c. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use -by -exception being requested. Supp. No. 25 1432 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-63 d. Refuse and service areas, with particular reference to items (1) and (2) above; e. Utilities, with reference to locations, availability and compatibility; f. Screening and buffering, with reference to type, dimensions and character; g. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district; (See signs and advertising, Chapter 17.) h. Required yards and other open space; i. General compatibility with adjacent properties and other property in the sur- rounding zoning district as well as consistency with applicable provisions of the comprehensive plan. (5) The city commission shall conduct a public hearing, after due public notice to consider the application for use -by -exception and the community development board's report and recommendation thereon, as well as citizens attending such hearing and shall deny, approve, or approve with conditions, the application for use -by -exception. (6) The city commission may, as a condition to the granting of any use -by -exception, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the city commission may deem appropriate and in the best interests of the city, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good zoning principles and concepts. (7) Any use -by -exception granted by the city commission shall permit only the specific use or uses described in the application as may be limited or restricted by the terms and provisions of the approval. Any expansion or extension of the use of such premises, beyond the scope of the terms of the approved use -by -exception, shall be unlawful and in violation of this chapter and shall render the permit subject to suspension or revocation by the city commission. (8) The city commission may suspend or revoke a use -by -exception permit at any time the city commission determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the property. (9) If an application for a use -by -exception is denied, the city commission shall take no further action on another application for substantially the same use on the same property for three hundred sixty-five (365) days from the date of said denial. (10) The nonconforming use of neighboring lands, structures or buildings in the same zoning district, or the permitted use of lands, structures or buildings in other zoning districts shall not be considered as justification for the approval of a use -by -exception. (11) Unless expressly granted by the city commission, the use -by -exception shall be granted to the applicant only and shall not run with the title to the property. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1433 § 24-64 ATLANTIC BEACH CODE Sec. 24-64 Zoning variances. To request a zoning variance from certain provisions contained in this chapter, applications may be obtained from the community development director. The following steps shall be taken to apply for a zoning variance from provisions of this chapter: (1) An application for a variance shall be submitted, containing a complete legal description of the property for which the variance is requested. The application shall be accompanied by payment of the official filing fee as set by the city commission and a survey or lot diagram indicating setbacks, existing and proposed construction, as well as other significant features existing on the lot. (2) The signature of the owner, or the signature of the owner's authorized agent and written authorization by the owner for the agent to act on the behalf of the property owner. (3) The community development director shall refer the request to the community development board. In considering applications for variances to provisions of this chapter, the community development board shall, before making any finding of fact in a specific case, first determine that the proposed variance shall not constitute any change in the zoning districts shown on the zoning map and shall not impair an adequate supply of light and air to adjacent property; materially increase the congestion in streets; increase the public danger of fire and safety; materially diminish or impair established property values within the surrounding area; create adverse impacts to environmentally sensitive areas, or in any other respect impair the public health, safety, morals and general welfare. (4) The Pnmm11nity d9velnnmQnt hoard, ghall within a reasonable perinrd of time hold a public hearing with due public notice to consider applications for any variance. (5) At the public hearing, any party may appear in person or be represented by an agent. (6) In order to approve an application for a variance, the community development board must find that [the] request complies with the definition of a variance and that all of the following conditions apply: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; b. The special conditions and circumstances do not result from the actions of the applicant; c. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; d. The granting of the variance will be in harmony with the general intent and purpose of this chapter and the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Supp. No. 25 1434 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-66 (7) No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for approval of a variance. (8) If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be taken for three hundred sixty-five (365) days from the date of denial. (9) When a variance is approved by the community development board, the work to be performed pursuant to the variance shall commence within three hundred sixty-five (365) days from the date of approval unless otherwise authorized by the community development board, or the variance shall become null and void. (10) Avariance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community develop- ment board. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-65. Reserved. Sec. 24-66. Development and construction within zoning districts. (a) Temporary construction trailers or structures. (1) Subject to the following provisions, any person may obtain a building permit for the construction and/or use of a temporary trailer or structure to be used as a construction shed and tool house for contractors and construction workers on the site. This temporary trailer or structure shall not be placed or erected on the property prior to the issuance of a building permit for the applicable construction, and shall be immediately removed upon completion of the construction project or the expiration of a period of six (6) months, whichever comes sooner, from the date of issuance of the building permit. (2) It shall be a violation of this section for any person to use the construction trailer or structure for sales purposes without first applying to and receiving written permission from the city commission. (3) Construction trailers and structures shall not be used for the purpose of living quarters, and the trailers or structures shall have upon the unit, or attached thereto, an identification sign designating the owner or company and the words "construction office" in full view. (b) All structures. All structures shall be constructed, altered, repaired, enlarged, moved or demolished in accordance with applicable provisions of the Florida Building Code as well as all applicable federal, state and local regulations applying to the use and development of land. The issuance of building permits verifying such compliance shall be administered by the building official. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1435 § 24-67 ATLANTIC BEACH CODE Sec. 24-67. Development review and issuance of development permits. (a) Purpose. The purpose of this section shall be to establish procedures for the submittal, review and approval of development plans, and the issuance of development permits. (b) Procedures. Development plans prepared according to the requirements set forth in this section shall be submitted to the community development director for distribution, review and comment from appropriate departments of the city. Plans may be denied if they do not meet the intent or the requirements of this section and this chapter. (c) Preliminary site plan required. A preliminary site plan, drawn at a clear and legible scale, shall be required for all development other than fences, and swimming pools and ornamental pools in accordance with the following provisions: (1) Single-family, two-family (duplex) or townhouse and structural alterations thereto. A certified survey and composite site plan accompanied by the required application form and any review fee as established by the city commission shall be submitted to the community development director. Each of the following items shall be addressed: a. All driveways and parking. b. All existing and proposed structures. c. Setbacks, any platted building restriction lines and height of buildings. d. Any jurisdictional wetlands or coastal construction control line, water bodies, any required buffers or significant environmental features. e. A pre -construction topographical survey, pursuant to below subsection (d), stormwater drainage requirements, unless waived in accordance with the provi- sions therein. (2) Multi -family, commercial and industrial uses and structural alterations thereto. A certified survey and composite site plan accompanied by the required application form and any review fee as established by the city commission shall be submitted the community development director. The site plan shall depict the entire tract proposed for development and shall be drawn at a scale sufficient to depict all required information in a clear and legible manner. Each of the following items shall be addressed: a. Project boundary with bearings and distances. b. Legal description, including property size. c. Location of all structures, temporary and permanent, including setbacks, build- ing height, number of stories and square footage. (Identify any existing struc- tures and uses.) d. Project layout, including roadways, any easements, parking areas, driveway connections, sidewalks, vehicular and pedestrian circulation. e. Existing driveways and roadways within three hundred (300) feet of project boundary. Supp. No. 25 1436 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-68 f. Existing and proposed right-of-way improvements. Conceptual stormwater management plan addressing drainage patterns, retention/ detention areas, provisions for utilities, including a pre -construction topograph- ical survey, pursuant to below paragraph (d), stormwater drainage requirements, unless waived in accordance with the provisions therein. h. Environmental features, including any jurisdictional wetlands, CCCL, natural water bodies, open space, buffers and vegetation preservation areas. i. General notes shall include: total project area; impervious surface area; building square footage separated by type of use(s) if applicable; parking calculations; project phasing; zoning district classification and any conditions or restrictions. Other information as may be appropriate for the purposes of preliminary review. g. J. (d) Stormwater drainage requirements. All lots and development sites shall be constructed and graded in such a manner so that the stormwater drains to the adjacent street, an existing natural element used to convey stormwater (See section 22-303, definitions: Stormwater management system), or a city drainage structure. The city shall be provided with a pre -construction topographical survey prior to the issuance of a development permit and a post -construction topographical survey prior to the issuance of a certificate of occupancy. The surveys shall be prepared by a licensed Florida surveyor, and the requirement for either or both surveys may be waived by the director of public works if they are determined to be unnecessary. (e) Approval of preliminary site plans. Upon approval of preliminary site plans, construc- tion plans may be submitted to the community development director for distribution and review by the appropriate city departments. Construction plans shall demonstrate compliance with all applicable federal, state and local land development regulations and permitting requirements. Upon approval of construction plans by reviewing departments and payment of required fees, development permits may be issued, and construction plans shall be released for construction. (f) Expiration of approved construction plans. Approved construction plans shall be claimed within ninety (90) days of notice of approval, or said plans shall be considered to have expired. Upon expiration, a new submittal and review with applicable fees shall be required. (g) Expiration of development permits. Development permits shall expire on the one-year anniversary of the date such permits were issued unless development has commenced and continued in good faith. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-68. Land clearing. No lands shall be cleared or grubbed, and no vegetation on any development site disturbed, prior to issuance of all required approvals and development permits authorizing such clearing. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1437 § 24-69 ATLANTIC BEACH CODE Secs. 24-69-24-80. Reserved. DIVISION 4. GENERAL PROVISIONS AND EXCEPTIONS Sec. 24-81. Rules for determining boundaries. Where uncertainty exists with respect to the boundaries of any of the zoning districts, as shown on the official zoning map, the following rules shall apply: (1) Unless otherwise indicated, the zoning district boundaries are indicated as approxi- mately following lot lines; center lines of streets, highways or alleys; shorelines of streams, reservoirs or other bodies of water; or civil boundaries; and they shall be construed to follow such lines. (2) Where zoning district boundaries are approximately parallel to the center lines of streets, highways or railroads; streams, reservoirs or other bodies of water, or the lines extended, the zoning district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map. If no distance is given, the dimensions shall be determined by the scale shown on the zoning map. (3) Where a zoning district boundary line, as appearing on the zoning map, divides a lot which is in single ownership, the zoning district classification of the larger portion may be extended to the remainder of the property subject to consistency with the comprehensive plan. (4) Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it has reverted shall apply to the vacated or abandoned road, street or alley. (5) In the case where the exact location of a boundary cannot be determined by the foregoing methods, the community development board shall, upon request of the community development director, determine the location of the boundary. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-82. General restrictions upon land, buildings and structures. (a) Use. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this chapter, as allowed in the zoning district in which such land, building, structure or premises are located. Further, no land shall be used except in compliance with the compre- hensive plan. (b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number of buildings on any lot zoned only for single-family or two-family (duplex) use shall not exceed three (3) including the principal use structure, detached garages and any other detached building. Supp. No. 25 1438 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-82 (c) Height. No structures or building shall be erected, and no existing building shall be moved, reconditioned or structurally altered so as to exceed the height limit specified in this chapter for the zoning district in which such building or structure is located. However, on nonconforming lots of record, the height of buildings shall be restricted to a percentage of the area of the such lot compared to the minimum requirements of the zoning district and applying the same to the maximum building height allowed in said zoning district. (For example, if the minimum lot area is five thousand (5,000) square feet, and the size of the nonconforming lot is two thousand five hundred (2,500) square feet, a percentage of fifty (50) percent would be applied to the thirty -five-foot height restrictions, resulting in an allowable building height of seventeen and one-half (17.5) feet.) (d) Percentage of lot occupancy. No building or structure shall be erected, and no existing building or structure shall be moved, altered, enlarged or rebuilt, or shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements, the area and parking and required yard regulations established by this chapter for the zoning district in which such structure is located. (e) Density of population. No structure or property shall be developed or used so as to provide a greater density of population than is allowed under the terms of the comprehensive plan or the limitations of for the zoning district in which such structure is located. (f) Open space use limitation. No yard or other required open space on a lot shall be considered as providing a required yard or open space for any other structure on an adjacent lot. (g) Required lot and occupancy. Structures shall be located on a lot of record, and there shall be no more than one (1) principal use structure on a single lot, unless otherwise provided by the provisions of this chapter. Every building or structure hereafter erected shall be located on a lot as defined herein; and in no case shall there be more than one (1) building on one (1) lot, except as otherwise provided in this article. (h) Duplicates or externally similar dwellings. Construction of single-family or two-family dwellings that are duplicates of another single-family or two-family dwellings within a distance of five hundred (500) feet shall be prohibited. (This provision shall apply to external features only.) In determining compliance with this provision, a minimum of five (5) of the following characteristics shall be substantially different: (1) Roof design and roof color. (2) Exterior finish materials, excluding paint color. (3) Window sizes and shape. (4) Main entry door style and location. (5) Number of stories. (6) Attached/detached garage. Supp. No. 25 1439 § 24-82 ATLANTIC BEACH CODE (7) Front or side entrance garage (if attached). (i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other accessory building or vehicle shall be used as a residence, temporarily or permanently, nor shall any such residence of temporary character be permitted in any zoning district. (j) Minimum floor area for residential dwelling units: (1) One (1) story: One thousand (1,000) square feet of enclosed living area. (2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet of enclosed living area. (3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of enclosed living area. (4) Apartment dwelling unit: a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480) square feet of enclosed living area. b. One (1) bedroom with individual bedroom area permanently partitioned from other living areas, five hundred seventy-five (575) square feet of enclosed living area. c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the living areas, seven hundred (700) square feet of enclosed living area. d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other living areas, eight hundred forty (840) square feet of enclosed living e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other living areas, nine hundred ninety (990) square feet of enclosed living area. f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per additional room. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-83. Required yards and permitted projections into required yards. (a) Required yards. Unless otherwise specified in this chapter, every part of a required yard shall be open and unobstructed from the finished grade to the sky, except for structures that do not exceed thirty (30) inches in height. (b) Structural projections. Architectural features such as eaves and cornices, and cantilevered balconies may project a distance not to exceed forty-eight (48) inches into required front and rear yards. Eaves and cornices only may project into required side yards, but not beyond twenty-four (24) inches, or forty (40) percent of the established required side yard setback, whichever distance is less. Supp. No. 25 1440 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-85 (c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps, compressors, or similar equipment that makes excessive noise, shall not be located closer than five (5) feet from any lot line. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-84. Double frontage lots. (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88(d). (b) Special treatment of ocean -front lots on Beach Avenue. For these double frontage lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard which faces Ocean Boulevard. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-85. Nonconforming lots, uses and structures. (a) Intent. Within the established zoning districts, there exist lots, structures and uses of land that were lawful prior to the adoption of these land development regulations. Such lots, uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming lots, uses and structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming charac- teristic shall not be considered as justification for the granting of variances, and any nonconforming structure or use which is made conforming shall not be permitted to revert to any nonconforming structure or use. (b) Nonconforming lots of record. (1) Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located, but was a legally established and documented lot of record prior to the adoption of this Code or previous codes and applicable City of Atlantic Beach ordinances, such lot or parcel of land may be used for one (1) single-family dwelling in any residential zoning district, provided the minimum yard requirements for that residential zoning district are maintained, or provided that the owner of said lot has obtained a variance from the community development board, in accordance with the requirements of section 24-64 of this chapter. (2) In any residential zoning district, on a legally established and documented noncon- forming lot of record that existed prior to the initial effective date of these land Supp. No. 25 1441 § 24-85 ATLANTIC BEACH CODE development regulations, a structure may be expanded or enlarged provided such expansion or enlargement complies with other provisions of this chapter, including yard requirements or with the terms of a valid variance. (3) After the initial effective date of these land development regulations, no single-family, townhouse, two-family (duplex) or multi -family structure shall be allowed on a single-family residential lot or a combination of such lots unless the total lot area proposed for development complies with the regulations as set forth in this chapter and with the density limitations as set forth in the comprehensive plan, unless otherwise exempted in preceding paragraph (1) or in accordance with a valid unexpired vesting determination. (4) After the initial effective date of these land development regulations, no lot or parcel in any zoning district shall be divided to create a lot with area or width below the requirements of this chapter and the comprehensive plan. (c) Nonconforming structures. (1) No nonconforming structure shall be expanded or enlarged to occupy greater lot coverage unless such expansion or enlargement complies with other provisions of this chapter, including yard requirements, or unless a variance has been obtained from the community development board, in accordance with the requirements of section 24-64 of this chapter. (2) In the event that more than fifty (50) percent of the value of a nonconforming structure is destroyed or damaged by any means, the structure shall not shall be reconstructed except in compliance with the provisions of this chapter, or alternatively, in compliance with the terms of a variance granted by the community development board in accordance with the requirements of section 24-64 of this chapter. In determining the value of a nonconforming structure, either the assessed value or the appraised value may be considered, subject to approval of the building official. (3) Any nonconforming structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building permits shall be required. (4) A nonconforming structure may be maintained, and repairs and alterations may be made, except that no structural alterations shall be made except those as required by law. Repairs, such as plumbing or changing of partitions or other non-structural alterations, are permitted. Building permits shall be required. (5) No additional structure not conforming to the requirements of this chapter shall be constructed in connection with the nonconforming use of land. (6) Any existing nonconforming structure that is encroaching into the street right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroach- ment is removed. Supp. No. 25 1442 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-86 (d) Nonconforming uses. (1) Continuation of nonconforming uses. Uses of land which were lawfully created at the time such uses were established, but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan, may be continued so long as they remain otherwise lawful and in compliance with the provisions of this section. (2) Relocation of nonconforming uses. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located. (3) Discontinuance of nonconforming uses. In the event that a nonconforming use of land is discontinued or abandoned for a period of six (6) months or longer, any subsequent use of such land shall conform to the applicable zoning district regulations as set forth in this chapter as well as applicable provisions of the comprehensive plan. (4) In the event that more than fifty (50) percent of the value of a nonconfolluing structure, which is occupied by a nonconforming use, is destroyed, the structure shall not be reoccupied by any nonconforming use and shall be reconstructed only in compliance with the provisions of this chapter. In determining the value of a nonconforming structure, either the assessed value or the appraised value may be considered, subject to approval of the building official. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-86. Special treatment of lawfully existing residential uses affected by future amendments to the official zoning map or amendments to the land development regulations. (a) Changes to the official zoning map. In the case where a change in zoning district classification is made to the official zoning map, any lawfully existing two-family (duplex) dwelling or townhouse, and any related accessory use, which has been constructed pursuant to properly issued building permits, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family (duplex) dwelling or townhouse, and any related accessory use shall, for that particular use and structure(s), not be considered as a nonconforming use or structure such that it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. (b) Amendments to the land development regulations. Any lawfully existing two-family (duplex) dwelling or townhouse, and any related accessory use, which has been constructed pursuant to properly issued building permits prior to the initial effective date of these land development regulations, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family Supp. No. 25 1443 § 24-86 ATLANTIC BEACH CODE (duplex) dwelling or townhouse, and any related accessory use shall, for that particular use and structure(s), not be considered as a nonconforming use or structure such that it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-87. Design and construction standards for two-family (duplex) dwellings and townhouse units. (a) Development of two-family (duplex) dwellings and townhouse units, occurring after the initial effective date of these land development regulations, shall be allowed only where lot area is in compliance with the density limitations as set forth in the comprehensive plan, unless otherwise determined to be a vested development in accordance with the terms of this chapter. Within areas designated by the comprehensive plan for high density residential development, a minimum lot area of two thousand one hundred seventy-five (2,175) square feet shall be required for each dwelling unit. For areas designated as medium density, a minimum lot area of three thousand one hundred (3,100) square feet for each dwelling unit shall be required, and within areas designated by the comprehensive plan as low density, a minimum lot area of seven thousand two hundred fifty (7,250) square feet for each dwelling unit shall be required. (b) Two-family and townhouse dwelling units shall be separated by a firewall which shall meet the Florida Building Code firewall separation requirements for multi -family construc- tion. (c) Dwelling units separated by a breezeway or similar type connection, shall not be considered as two-family dwellings Of townhouses,..uid shall be required to meet regulations applicable to single-family dwellings. (d) Adjoining two-family or townhouse dwellings units shall be constructed of substantially the same architectural style, colors and materials. (e) Adjoining two-family or townhouse dwellings units shall be constructed at substantially the same time or in a continuous sequence unless an existing structure is being renovated within the same building footprint. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-88. Garage apartments (as allowed in combination with private garages). In any residential zoning district, where a lot has a width of fifty (50) feet or more and extends from street to street (or street to ocean -front in the case of ocean -front lots), a single garage apartment in combination with a private garage may be constructed on such double frontage lots (see section 24-84) subject to the following provisions. (1) The structure containing the private garage and the garage apartment shall not exceed twenty-five (25) feet in height; Supp. No. 25 1444 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-101 (2) The total floor area of the structure containing the private garage and the garage apartment shall not exceed seventy-five (75) percent of the heated and cooled area of the principal dwelling. (3) There shall be not less than twenty (20) feet between the principal dwelling and the structure containing the private garage and the garage apartment. (4) The use restrictions and the minimum yard requirements that apply to the principal dwelling shall also apply the structure containing the private garage and the garage apartment. (5) A garage apartment shall not be leased or rented for less than ninety (90) consecutive days. (6) A structure containing a private garage and a garage apartment shall remain in joint ownership with the principal dwelling and shall not be subdivided from the lot on which the principal structure is located. (7) Any existing structure containing a private garage and garage apartment that is encroaching into the street right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroachment is removed from the right-of-way. (8) Development of garage apartments occurring after the initial effective date of these land development regulations shall be consistent with the density limitations as set forth within the adopted comprehensive plan, as may be amended. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-89-24-100. Reserved. DIVISION 5. ESTABLISHMENT OF DISTRICTS Sec. 24-101. Intent and purpose. The City of Atlantic Beach shall be divided by these land development regulations into zoning districts, as listed and described below. These divisions and the requirements set forth herein shall have the purpose of implementing the goals, objectives and policies of the comprehensive plan. The following is established in this division: (1) The intent of each zoning district; (2) General requirements for each zoning district: a. Permitted uses; b. Uses -by -exception; c. Minimum lot or site requirements; d. Minimum yard requirements; e. Building restrictions. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1445 § 24-102 ATLANTIC BEACH CODE Sec. 24-102. Zoning districts established. The corporate area of the City of Atlantic Beach is hereby divided into zoning districts as follows: Zoning District Classification Abbreviation Conservation CON Residential, Single-family RS -1 Residential, Single-family RS -2 Residential General, Two-family RG -1 Residential General, Two-family RG -1A Residential General, Multi -family RG -2 Residential General, Multi -family RG -3 Residential Mobile Home RMH Commercial, Professional and Office CPO Commercial, Limited CL Commercial, General CG Industrial, Light and Warehousing ILW Special Purpose SP Central Business District CBD (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-103. Conservation districts (CON). (a) Intent. The conservation districts are generally composed of open land, water, marsh and wetland areas, either publicly- or privately -owned, which may include environmentally sensitive areas and other lands having environmentally sensitive qualities. It is intended that the natural and open character of these districts be retained and that adverse impacts to environmentally sensitive areas, which may result from development, be minimized. To achieve this intent, uses allowed within the conservation districts shall be limited to certain conservation, recreation, forestry, and similar very low intensity uses that are not in conflict with the intent of these districts, the comprehensive plan or any other applicable federal, state and local policies and permitting requirements. (b) Permitted uses. There are no uses permitted by right in the conservation zoning districts. All uses in the conservation districts must be approved as a use -by -exception in accordance with the provisions of section 24-63. (c) Uses -by -exception. Within the conservation districts, the following uses may be permit- ted as a use -by -exception. Applications for a use -by -exception in the conservation districts shall identify any existing natural resources and environmentally sensitive areas and how impacts to such resources shall be avoided or minimized. (1) Cemeteries; Supp. No. 25 1446 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-104 (2) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and poultry; (3) Game preserves, nature preserves; wildlife management areas, water sheds, water reservoirs; (4) Parks, and other similar passive recreational uses; (5) Municipal government buildings and facilities; (6) Golf courses and parks, and other similar passive recreational uses; (d) Minimum lot or site requirements. There are no established minimum lot area, width or depth requirements for the conservation districts. Appropriate lot and site requirements shall be established during the consideration of any proposed use -by -exception. (e) Minimum yard requirements. Subject to approval of development approved pursuant to a use -by -exception, the minimum yard requirements in the conservation district shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. Subject to development authorized pursuant to a use -by -exception, building restrictions in the conservation districts shall be as follows: (1) Maximum impervious surface: Twenty-five (25) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-104. Residential, single-family districts (RS -1). (a) Intent. The RS -1 zoning districts are intended for development of low density single- family residential areas. All development of land and parcels within the RS -1 zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RS -1 zoning districts shall be as follows. (1) Single-family dwellings. (2) Accessory uses. (See section 24-151.) (3) Government buildings and facilities. (c) Uses -by -exception. In the RS -1 zoning districts, the following uses -by -exception may be permitted. (1) Churches, subject to the provisions of section 24-153. Supp. No. 25 1447 § 24-104 ATLANTIC BEACH CODE (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the RS -1 zoning districts shall be as follows: (1) Lot or site area: Seventy-five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Seven and one-half (7.5) feet. (f) Building restrictions. The building restrictions in the RS -1 zoning districts are: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-105. Residential, single-family districts (RS -2). (a) Intent. The RS -2 zoning districts are intended to apply to predominately developed areas of single-family dwellings with lots that are smaller than those in the RS -1 zoning district. All development of land and parcels within the RS -2 zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RS -2 zoning districts are: (1) Single-family dwellings. (2) Accessory uses. (See section 24-151.) (3) Government buildings and facilities. (c) Uses -by -exception. In the RS -2 zoning districts, the following uses -by -exception may be permitted. (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. Supp. No. 25 1448 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-106 (4) Home occupations, subject to the provisions of section 24-159. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the RS -2 zoning districts shall be as follows: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RS -2 zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an existing nonconforming structure that does not comply with required side yards, any new development shall provide for a combined total side yard of fifteen (15) total feet. For example, where an existing structure is located three (3) feet from the side lot line, new development on the opposite side yard shall provide a minimum required side yard of twelve (12) feet, thereby providing for a combined total side yard of fifteen (15) feet. (f) Building restrictions. The building restrictions in the RS -2 zoning districts shall be as follows. (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-106. Residential general, two-family districts (RG -1 and RG -1A). (a) Intent. The RG -1 and RG -1A zoning districts are intended for development of low and medium density single-family and two-family residential areas. All development of land and parcels within the RG -1 and RG -1A zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RG -1 and RG -1A zoning districts shall be as follows: (1) Single-family dwellings. (2) Two-family (duplex) dwellings. (3) Accessory uses as set forth in section 24-151. (4) Townhouses, subject to compliance with Article IV, subdivision regulations, and section 24-87. Supp. No. 25 1449 § 24-106 ATLANTIC BEACH CODE (5) Government buildings and facilities. (6) Family day care homes and group care homes. (c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses may be approved as a use -by -exception in the RG -1 and RG -1A zoning districts. (1) Child care centers. (2) Churches. (3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (4) Schools and community centers. (5) Home occupations subject to the provisions of section 24-159. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the RG -1 and RG -1A zoning districts shall be as follows: (1) Lot or site area in the RG -1 and RG -1A zoning districts: a. Single-family dwellings: Five thousand (5,000) square feet. b. Two-family (duplex) dwelling or townhouse: Lands designated as low density by the future land use map: Fourteen thousand five hundred (14,500) square feet Lands designated as medium density by the future land use map: Six thousand two hundred (6,200) square feet Lands designated as high density by the future land use map: Four thousand thraa fifty (.4 ,350) Gnnara fppt (2) Lot width in the RG -1 zoning districts: a. Single-family dwellings: Fifty (50) feet. b. Two-family dwelling or townhouse: Fifty (50) feet. (3) Lot width in the RG -1A zoning districts: a. Single-family dwellings: Fifty (50) feet. b. Two-family dwelling or townhouse: Seventy-five (75) feet. (4) Lot depth in the RG -1 and the RG -1A zoning districts: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirement in the RG -1 and the RG -1A zoning districts shall be as follows. (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an existing nonconforming structure that does not comply with required side yards, any new development shall provide for a combined total side yard of fifteen (15) total Supp. No. 25 1450 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-107 feet. For example, where an existing structure is located three (3) feet from the side lot line, new development on the opposite side yard shall provide a minimum required side yard of twelve (12) feet, thereby providing for a combined total side yard of fifteen (15) feet. (f) Building restrictions. The building restrictions for the RG -1 and the RG -1A zoning districts shall be as follows: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-107. Residential general, multifamily (RG -2 and RG -3). (a) Intent. The RG -2 and RG -3 zoning districts are intended for development of medium to high-density multifamily residential areas. All development of land and parcels within the RG -2 and RG -3 zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted RG -2 and RG -3 zoning districts shall be as follows. (1) Single-family dwellings. (2) Two-family (duplex) dwellings. (3) Townhouses, subject to compliance with Article IV, subdivision regulations and section 24-87. (4) Multifamily dwellings, subject to the density limitations as set forth in the compre- hensive plan. (5) Accessory uses as set forth in section 24-151. (6) Government buildings and facilities. (7) Family day care homes and group care homes. (c) Uses -by -exception. Subject to the provisions of section 24-63, the following uses may be approved as a use -by -exception in the RG -2 and RG -3 zoning districts. (1) Churches. (2) Public and private facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Child care centers. (4) Schools and community centers. (5) Home occupations subject to the provisions of section 24-159. Supp. No. 25 1451 § 24-107 ATLANTIC BEACH CODE (d) Minimum lot or site requirements. The minimum lot and site requirements for the RG -2 and RG -3 zoning districts shall be as follows: (1) Lot or site area: a. Single-family dwellings: Five thousand (5,000) square feet. b. Two-family dwellings or townhouse: Lands designated as low density by the future land use map: Fourteen thousand five hundred (14,500) square feet Lands designated as medium density by the future land use map: Sixty-two hundred (6,200) square feet Lands designated as high density by the future land use map: Four thousand three hundred fifty (4,350) square feet c. Multifamily dwellings: Minimum five thousand (5,000) square feet, with allow- able additional units determined by the density limitations as set forth in the comprehensive plan. (2) Lot width in the RG -2 and RG -3 zoning districts: a. Single-family dwellings: Fifty (50) feet. b. Two-family dwelling or townhouse: Fifty (50) feet. c. Multifamily dwellings: Seventy-five (75) feet. (3) Lot depth in the RG -2 and RG -3 zoning districts: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RG -2 and RG -3 zoning districts shall be as follows. (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Fifteen (15) total feet and five (5) minimum feet on either side. In the case of an existing nonconforming structure that does not comply with required side yards, any new development shall provide for a combined total side yard of fifteen (15) total feet. For example, where an existing structure is located three (3) feet from the side lot line, new development on the opposite side yard shall provide a minimum required side yard of twelve (12) feet, thereby providing for a combined total side yard of fifteen (15) feet. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side. c. Multifamily dwellings: Fifteen (15) feet each side. (f) Building restrictions. The building restrictions for the RG -2 and RG -3 zoning districts shall be as follows: (1) Maximum impervious surface: Fifty (50) percent. Supp. No. 25 1452 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-108 (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-108. Residential mobile home districts (RMH). (a) Intent. The RMH zoning districts are intended for development of lots for mobile homes in mobile home subdivisions or mobile home parks. These zoning districts are not intended for permanent single-family dwellings. All development of land and parcels within the RMH zoning districts shall comply with the residential density limitations as set forth in the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted in the RMH zoning districts are mobile home parks or mobile home subdivisions. (c) Uses -by -exception. Within the RMH zoning districts, the following uses may be approved as a use -by -exception: (1) Service and recreational facilities intended to serve the requirements of the residents of a mobile home park having a minimum of seventy-five (75) lots or spaces. (2) Government buildings and facilities. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the RMH zoning districts shall be as follows: (1) Lot or site area: Mobile home parks: Four thousand (4,000) square feet. Mobile home subdivisions: Minimum site area of five (5) acres. (2) Lot width: Forty (40) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RMH zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Seven and one-half (7.5) feet. (f) Building restrictions. The building restrictions in the RMH zoning districts shall be as follows: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Twenty (20) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1453 § 24-109 ATLANTIC BEACH CODE Sec. 24-109. Commercial, professional and office (CPO). (a) Intent. The CPO zoning districts are intended for small, neighborhood scale businesses and professional offices and with design criteria which may make such uses compatible to single-family residential zoning districts. (b) Permitted uses. The uses permitted in the CPO zoning districts shall be as follows: (1) Medical and dental offices (but not clinics or hospitals), chiropractor offices, licensed massage therapist offices. (2) Professional offices, such as accountant, architect, attorney, engineer, land surveyor, optometrist and similar uses. (3) Business offices such as real estate broker, insurance agent, stock broker and similar uses. (4) Single-family dwellings. (c) Limitations. All uses in the CPO zoning districts shall be subject to the following conditions: (1) No outside retail sales, display or storage of merchandise shall be permitted. (2) No vehicles other than typical passenger automobiles, and no trucks exceeding three-quarter ton capacity, shall be parked on a daily or regular basis in CPO zoning districts. (3) No manufacture, repair, mechanical, service or similar work shall be permitted, and no machinery shall be used other than normal office equipment such as typewriters, calculators, computers, bookkeeping machines shall be used in association with any use located in the CPO zoning districts. (d) Uses -by -exception. In the CPO zoning districts, the following uses may be approved as a use -by -exception. (1) Limited retail sales in conjunction with a permitted professional service being rendered at the time. (2) Child care centers, church or community center. (3) Medical or dental clinic, hospitals, medical or dental laboratory; manufacture of prosthetic appliances, dentures, eyeglasses, hearing aids and similar products. (4) Low intensity service establishments such as barber or beauty shops, shoe repair, tailor or dress makers. (5) Banks and financial institutions without drive-through facilities. (6) Government buildings and facilities. (7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. Supp. No. 25 1454 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-110 (d) Minimum lot or site requirements. The minimum lot or site requirements in the CPO zoning districts shall be as follows: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the CPO zoning districts shall be as follows: (1) Front: Twenty (20) feet. (2) Rear: Twenty (20) feet. (3) Side: Ten (10) feet. (f) Building restrictions. The building restrictions in the CPO zoning districts shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-110. Commercial limited district (CL). (a) Intent. The CL zoning districts are intended for low intensity business and commercial uses, which are suitable within dose proximity to residential uses, and which are intended primarily to serve the surrounding neighborhood. Subject to review as a use -by -exception, and dependent upon compatibility with existing surrounding residential uses, certain more intense commercial uses may also be appropriate. Permitted uses in the CL zoning districts shall not include large-scale discount supercenters or "big -box" retailers or similar commercial uses intended to serve a regional market. (b) Permitted uses. The uses permitted in the CL zoning districts shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry; but not sale of lumber, hardware or building materials or similar uses. (2) Art galleries, libraries, museums. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional offices such as accountants, architects, attorneys, engineers, optometrists and similar uses. (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar uses. (6) Banks and financial institutions without drive-through facilities. Supp. No. 25 1455 § 24-110 ATLANTIC BEACH CODE (7) Convenience food stores, but not supermarkets. (8) Drug stores and pharmacies without drive-through facilities. (9) Government buildings and facilities. (c) Uses -by -exception. In the CL zoning districts, the following uses may be approved as a use -by -exception. (1) Medical or dental clinics. (2) Child care centers. (3) Churches and community centers. (4) Limited wholesale operations. (5) Banks and financial institutions with drive-through facilities. (6) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions. (7) Contractor, not requiring outside storage. (8) Limited warehousing, not including mini -warehouses. (9) Automotive/truck service garage (not including semi -tractor trailer repairs). (10) Restaurants without drive-through facilities. (11) Printing shops. (12) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the CL zoning districts shall be as follows. (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements for the CL zoning district shall be as district follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions for the CL zoning districts shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1456 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-111 Sec. 24-111. Commercial general districts (CG). (a) Intent. The CG zoning districts are intended to provide general retail sales and services for the city and the closely surrounding communities. These districts should have direct access to arterial or collector streets and are well suited for development of community shopping centers. (b) Permitted uses. The typical uses permitted in the CG zoning districts shall not include manufacturing, warehousing, storage or high intensity commercial activities of a regional nature, or uses that have the potential for negative impact to surrounding properties due to excessive noise, light or extremely late hours of operation. The uses permitted in the CG zoning districts shall include the following. (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florist including silks, cameras, photographic sup- plies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto parts, and similar uses. (2) Service establishments such as barber or beauty shop, shoe repair, restaurant, gymnasium, laundry or dry cleaner, funeral home, job printing, radio and television repairs, lawn care service, pest control companies, and similar uses. (3) Banks with drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial institutions. (4) Business and professional offices. (5) Retail plant nursery. (6) Retail sale of beer and wine for off -premises consumption. (7) Automobile service station with maintenance, minor repairs and car wash. (8) Theaters, but not a regional cineplex. (9) Government buildings and facilities. (10) Produce markets, with no outside sales or display. (11) Those uses listed as permitted uses in the commercial limited zoning district. (c) Uses -by -exception. In the CG zoning districts, the following uses may be approved as a use -by -exception. (1) Pet kennel. (2) Veterinary clinic. (3) Child care center. (4) On -premises consumption of liquor, beer and wine. (5) Limited wholesale operation. (6) Contractor, not requiring outside storage. Supp. No. 25 1457 § 24-111 ATLANTIC BEACH CODE (7) Limited warehousing. (8) Motels. (9) Churches. (10) Cabinet shops. (11) Hospital, nursing home. (12) Sale of new and used automobiles and boats, and automotive leasing establishments. (13) Automotive and truck service garage (not including semi tractor trailer repairs). (14) Businesses offering live entertainment. (15) Those uses permitted in commercial limited as a use -by -exception. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the commercial general zoning districts shall be as follows: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the commercial general zoning districts shall be as follows: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions in the commercial general zoning districts shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-112. Industrial, light and warehousing districts (ILW). (a) Intent. The light industrial and warehousing zoning districts are intended for light manufacturing, storage and warehousing, processing or fabrication of non -objectionable products, not involving the use of materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or commercial activities. (b) Permitted uses. The uses permitted in the light industrial and warehousing zoning districts shall be as follows. (1) Wholesaling, warehousing, mini -warehouses and personal self -storage, storage or distribution establishments and similar uses. Supp. No. 25 1458 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-112 (2) Light manufacturing, packaging, or fabricating, without noxious or nuisance odors or hazardous operations, within completely enclosed buildings. (3) Bulk storage yards, not including bulk storage of flammable liquids. (4) Contractor's yards and outdoor storage yards and lots. Required front yards shall not be used for storage, and a six-foot visual barrier shall be installed around such storage areas so as to conceal view from adjacent properties and streets. (5) Heating and air conditioning, plumbing and electrical sales, laundries and dry cleaning, bakeries and similar uses. (6) Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses. (7) Government buildings and facilities. (c) Uses -by -exception. In the light industrial and warehousing zoning districts, the following uses may be approved as a use -by -exception. (1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire codes. (2) Radio and TV transmitting tower. (3) Concrete batching plants. (4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats, automobile parts and accessories (except salvage yards), machinery and equipment, farm equipment, lumber and building supplies, mobile homes, monuments and similar sales establishments. (5) Establishments for the repair of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses. (6) Welding shops, sheet metal works. (7) Bottling plants. (8) Processing (excluding animal processing and slaughter houses). (9) Food processing. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the ILW districts shall be as follows.: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements for the ILW zoning districts shall be as follows. (1) Front yard: Twenty (20) feet. Supp. No. 25 1459 § 24-112 ATLANTIC BEACH CODE (2) Rear yard: Twenty (20) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions for the ILW zoning districts shall be as follows. (1) Maximum impervious surface: Seventy (70) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-113. Special purpose district (SP). (a) Intent. The special purpose district is intended for a limited single use. Applications to rezone land to special purpose district may be made in accordance with section 24-62. The use proposed for any special purpose district shall be consistent with the comprehensive plan, and the use and any limitations applicable to such use shall be stated within the ordinance establishing the special purpose district. (b) Permitted uses. Subject to approval by the city commission of the ordinance creating a special purpose district, and upon a finding of consistency with the comprehensive plan, the commission may consider and authorize the following uses or substantially similar uses. (1) Telecommunication and broadcast facilities subject to applicable federal licensing requirements and limited to the lands as described below. A portion of unsurveyed Section 19, Township 2 South, Range 29 East, Public Records of Duval County, Florida, more particularly described as follows: icor a point of reference commence at the intersection of the center line of Atlantic Boulevard with the easterly right-of-way line of the Intracoastal Waterway, and thence run north 74 degrees 11 minutes east along said center line of Atlantic Boulevard a distance of 511.21 feet to an angle point of said center line; thence run north 89 degrees 00 minutes 50 seconds east along said center line a distance of 1744 feet; thence run north 00 degrees 59 minutes 10 seconds west a distance of 50 feet to the northerly right-of-way line of said Atlantic Boulevard for a point of beginning of the lands to be conveyed by this description; thence continue north 00 degrees 59 minutes 10 seconds west a distance of 430.98 feet to the north line of aforementioned section 19; thence run north 88 degrees 24 minutes east, along the north line of section 19 a distance of 300.02 feet; thence run south 00 degrees 59 minutes 10 seconds east a distance of 434.19 feet to the northerly right of way line of Atlantic Boulevard; and thence run south 89 degrees 00 minutes 50 seconds west along said right-of-way line a distance of 300 feet to the point of beginning. Less and excepting from the above described lands any portion described in Official Records Book 8045, Page 48 of the current Public Records of Duval County, Florida. Supp. No. 25 1460 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-113 Less and excepting Parcel 129 as described below: A portion of unsurveyed section 19, Township 2 South, Range 29 East, Duval County, Florida lying north of Atlantic Boulevard (State Road no. 10) and a portion of the Bartolome de Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 east, Duval County, Florida and being more particularly described as follows: also being a portion of the lands described in Official Records, Volume 7386, Page 1717 of the current Public Records of said Duval County. For a point of reference commence at the intersection of the west line of the Bartolome de Castro y. Ferrer Grant, Section 38, Township 2 south, Range 29 east, Duval County, Florida with the northerly right-of-way line of Atlantic Boulevard (State Road no. 10) (a right-of-way of varying width); thence south 89n30'37" west, along said northerly right-of-way line, a distance of 431.346 meters (1415.17 feet) to the southeast corner of lands described in Official Records Volume 7386, Page 1717 of the current Public Records of said Duval County for a point of beginning; thence continue south 89n30'37" west, along said northerly right-of-way line, a distance of 44.059 meters (144.55 feet) to an angle point in said northerly right-of-way line as depicted on the Florida Department of Transportation right-of-way map section 72100-2558, State Road No. 10, Sheet 5 of 6, dated May 5, 1993 on file of record in the District Two Office in Lake City, Florida; thence north 84n16'14" west, along said northerly right-of-way line, a distance of 47.662 meters (156.37 feet) to a point on the westerly line of aforesaid lands described in Official Records Volume 7386, Page 1717; thence north 00n29'23" west, departing said northerly right-of-way line and along said westerly line, a distance of 42.081 meters (138.06 feet); thence north 89n30'37" east, a distance of 16.901 meters (55.45 feet); thence south 00n29'23" east, a distance of 36.527 meters (119.84 feet); thence south 50n14'03" east, a distance of 4.792 meters (15.72 feet); thence north 89n30'37" east, a distance of 45.111 meters (148.00 feet); thence north 00n29'23" west, a distance of 18.288 meters (60.00 feet); thence north 89n30'37" east, a distance of 15.188 meters (49.83 feet); thence south 27n56'34" east, a distance of 5.104 meters (16.75 feet); thence south 00n29'23" east, a distance of 4.919 meters (16.14 feet); thence north 89n30'37" east, a distance of 4.267 meters (14.00 feet); thence north 00n29'23" west, a distance of 9.449 meters (31.00 feet); thence north 89n30'37" east, a distance of 3.962 meters (13.00 feet) to a point on the easterly line of aforesaid lands described in Official Records Volume 7386, Page 1717; thence south 00n29'23" east, along said easterly line, a distance of 25.908 meters (85.00 feet) to the point of beginning. Containing 1675.4763 square meters, (18034 square feet), more or less. (2) Government uses and public facilities. (c) The existing salvage yard, which is restricted to storage and salvage operations of automobiles, trucks, motorcycles, mobile homes, other vehicles, boats, septic tanks and metal scrap is recognized as a lawfully permitted nonconforming use. The site area for this existing Supp. No. 25 1461 § 24-113 ATLANTIC BEACH CODE salvage yard shall not exceed that covered by the blocks or portions thereof limited in location to the following lots of record identified as Section H, to wit: all of blocks 111, 112, 113, 117, 118, 119, 140, 141, and 142. In the case that any lot or parcel within the blocks referenced herein shall cease to be used for a salvage yard as described herein, then and in that case, that particular lot or parcel shall not again be used except in conformance with the requirements of this section, and any autos, boats, parts, or similar remaining materials shall be removed at the owner's expense within six (6) months after receiving written notice from the city. The zoning district classifications of such lots shall then revert to residential, single-family (RS -2), and the use of such lots shall conform to the provisions of section 24-105 and all other applicable land development regulations. (d) Uses -by -exception: None. (e) Minimum lot or site requirements. Minimum required lot area shall be determined based upon the characteristics of the use proposed. (0 Minimum yard requirements. Structures shall be a minimum distance of five (5) feet from any property line. (g) Building restrictions. The building restrictions applicable to any use permitted within a special purpose district shall be established within the ordinance creating such special purpose district. (h) Special requirements. Development within special purpose districts shall be subject to the following provisions: (1) Accessory uses shall be determined based upon the specific use permitted within the special purpose district. (2) Where a specific permitted use within a special purpose district is ceased for a period of six (6) months or abandoned, the zoning district designation shall remain special purpose (SP), except in the case where the terms of an SP district require reversion to a previous zoning district designation. In all other cases, no future use shall be permitted except in conformance with the requirements of this section and until the ordinance establishing the special purpose district is amended. (3) Where a specific permitted use within a special purpose district is ceased for a period of six (6) months, or abandoned, all structures, equipment, stored materials and any refuse shall be fully removed, at the property owner's expense, within six (6) months of receiving written notice from the city in accordance with such order for removal or in accordance with the terms of the ordinance establishing the special purpose district. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1462 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-114 Sec. 24-114. Central business district (CBD). (a) Intent. The central business district is intended for low intensity, neighborhood scale commercial and retail uses, and professional offices, which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach town center area. The central business district contains an established development pattern with a predominance of older structures built prior to the current requirements for area, setbacks, parking and other site related elements. (b) Permitted uses. The uses permitted in the central business district shall be as follows: (1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry cleaners), tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books, stationery, luggage, jewelry, or similar uses. (2) Pharmacies; (3) Medical and dental offices, but not clinics or hospitals; (4) Professional offices such as accountants, architects, attorneys, engineers, and similar uses; (5) Business offices such as real estate broker, insurance agents, and similar uses; (6) Banks and financial institutions without drive-through facilities; (7) Restaurants, cafes, coffee shops without drive -up or drive-through service; (8) Municipal government buildings and facilities; (9) Leased right-of-way uses. (c) Uses -by -exception. Within the central business district, the following uses may be approved as a use -by -exception: (1) Art galleries, libraries, museums, cultural centers; (2) Residential, where such residential use is secondary to the commercial use of the building; (3) Businesses offering live entertainment. (d) Minimum lot or site requirements. The minimum requirements for lots and sites in the central business district shall be as follows: (1) Lot or site area: Five thousand (5,000) square feet. (2) Lot width: Fifty (50) feet. (3) Lot depth: One hundred (100) feet. Supp. No. 25 1463 § 24-114 ATLANTIC BEACH CODE (e) Minimum yard requirements. The minimum yard requirements for the central business district shall be as follows: (1) Front yard: Twenty (20) feet. If buildings existing on adjacent lots have a lesser front yard, front yard shall be the average of buildings on adjacent lots. (2) Rear yard: Ten (10) feet. (3) Side yard: Ten (10) feet. (f) Building restrictions. The building restrictions for the central business districts shall be as follows: (1) Maximum impervious surface: Seventy (70) percent. (2) Maximum building height: Twenty-five (25) feet. (g) Right-of-way lease restrictions. Outside seating for restaurants, coffee shops and sidewalk cafes may be operated by the management of adjacent permitted food service establishments, subject to the following provisions: (1) Outside seating within public rights-of-way may be permitted under a renewable annual lease agreement approved by the city commission. As a condition of the lease, the owner of such establishment shall agree in writing to maintain that portion of the right-of-way where the outside seating is located. The owner/lessee/lessor of the business establishment and the property owner shall agree in writing to hold the city harmless for any personal injury or property damage resulting from the existence or operation of, and the condition and maintenance of the right-of-way upon which any outside seating is located, and shall furnish evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per occurrence with the city as additional named insured. (2) Outside seating shall not be permitted on the sidewalk closer than five (5) feet from the curb line of the street or from any fire hydrants, planters or other public improvements located in the right-of-way. (3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height measured from the ground or sidewalk level. Enclosures shall be designed in compliance with ADA accessibility guidelines and shall provide safe pedestrian access to the public right-of-way and designated parking spaces. Such enclosure may consist of screens, planters, fencing or other similar materials. (4) No heating or cooking of food or open flames shall be allowed in outside seating areas. (5) Seats provided in outside seating areas shall be included in the required parking calculations. (6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating areas shall be white in color and shall not spill over to adjacent properties. Supp. No. 25 1464 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-127 (7) The city commission shall determine and establish by resolution the charges, terms and termination procedures for right-of-way leases. (8) The city commission may permit non-food service uses under right-of-way lease agreements provided such uses are permitted under the use -by -exception process and further provided such uses are special event related and not continuous. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-115-24-125. Reserved. DIVISION 6. PLANNED UNIT DEVELOPMENT (PUD) Sec. 24-126. Purpose. The purpose of the planned unit development is to encourage creative design to create a more desirable environment than would be possible through the strict application of the minimum requirements of the land use regulations. The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities, and public spaces; and to preserve the natural and scenic qualities of open areas. The objective of a planned unit development is to encourage ingenuity, imagination, and design efforts on the part of builders, architects, site planners and developers; to produce developments which are in keeping with overall land use intensity and open space objectives of this chapter, while departing from the strict application of use, setback, and minimum lot size requirements of the several zoning districts. While the planned unit developments may depart from the strict application of this chapter for the district or districts in which it is proposed to be located, the developments are to be compatible with the comprehensive plan and shall be platted of record in accordance with Article IV, subdivision regulations. All requirements of Article IV of this chapter shall be met unless specifically modified or excepted by the city commission by formal action. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-127. Intent. The intent of this division is to permit flexibility in design and to provide performance criteria for planned unit developments which: (1) Permit a creative approach to the development of land; (2) Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this article; (3) Provide for an efficient use of land, resulting in smaller networks of utilities and streets and thereby lower development costs; Supp. No. 25 1465 § 24-127 ATLANTIC BEACH CODE (4) Enhance the appearance of the area through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open spaces in excess of existing zoning and subdivision requirements; (5) Provide an opportunity for new approaches to ownership; (6) Provide an environment of stable character compatible with surrounding areas; and (7) Retain property values over the years. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-128. Purpose and planned unit development defined. For the purpose of this chapter, planned unit development shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A planned unit development must also include a program for the provision, maintenance, and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-129. Permitted uses and site requirements. (a) Permitted uses. Any use which is permitted use or a permitted use -by exception, subject to that use being an allowable use within the future land use as designated by the comprehensive plan may be included within a planned unit development. (b) Site requirements. Minimum site area required for a planned unit development is ten (10) acres. In the case of a natural disaster which destroys large portions of the city, the minimum site area shall become twenty (20) acres for all new planned unit developments. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-130. Application for rezoning to planned unit development. (a) Information required. An application for rezoning to planned unit development shall proceed in general as for other applications for rezoning and, in addition to the information usually required for such applications, the following shall be required: (1) Plats and/or metes and bounds legal description of the area proposed to be rezoned to planned unit development; (2) The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent who represents the owner; (3) Evidence of unified control of the entire area within the planned unit development with all owners within the area of same identified; Supp. No. 25 1466 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-130 (4) An agreement by all owners within the proposed planned unit development, which includes their commitment to: a. Proceed with the proposed development in accordance with the planned unit development ordinance and such conditions and safeguards as may be set by the city commission in the enacting ordinance; and b. Provide a written statement of a proposal for completion of the development according to plans approved by the ordinance, and for continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the city pursuant to written agreement; and c. To bind all successors and assigns in title to any commitments included in the enacting ordinance, which shall include by reference the application for rezoning. This must be clearly reflected in the covenants and restrictions of the PUD, which shall be recorded with the clerk of the courts of Duval County. (b) Materials to accompany applications. An application for rezoning to planned unit development shall be accompanied by the following, in sufficient copies as deemed necessary by the community development director for referrals and recommendations: (1) Plans, maps, studies and reports as may be required by in order to make the findings and determinations called for in the evaluation of the particular application. (2) Written description and justification of the intended plan of development, clearly indicating where approval of the planned unit development will benefit the future occupants of the proposed development and the city in general. Such description and justification shall demonstrate compliance with the stated purpose and intent of the planned unit development regulations. (3) A composite site plan drawn at an appropriate scale depicting: a. The general location, grouping, and height of all uses, structures and facilities; b. In the case of residential development, the number of dwelling units proposed, their general location, proposed building setbacks, separation between structures and number of stories; c. The general location of vehicular and pedestrian circulation systems including driveways, sidewalks, parking areas, and streets to be dedicated; d. Open space and active and passive recreational uses, with estimates of acreage to be dedicated to the city and that to be retained in common ownership. Active and passive recreation shall be sufficient to serve the needs of residents within the planned unit development. e. A topographic map at an appropriate scale showing contour lines, including all existing buildings, water bodies, wetland areas and ratio of wetlands to uplands, significant environmental features and existing vegetative communities. f. Any archaeological or historic resources, as identified by the state division of historical resources master site file. Supp. No. 25 1467 § 24-130 ATLANTIC BEACH CODE g. Site data including total number of acres in the project and acreage to be developed with each proposed use. (Total number of dwelling units separated by type and total nonresidential acreage and square footage of non-residential structures.) (4) Statements addressing maintenance and ownership of common areas and facilities. In the event that a homeowner's association is to be created, statements indicating that it and any private covenants and deed restrictions shall automatically renew unless the majority of the homeowners shall vote to disband. The city commission shall agree to the decision of the homeowners. (5) Proposed schedules of development, including: a. Areas to be developed and the phasing schedule for each development area. Individual phases may overlap, but no single phase shall exceed a period of five (5) years. b. Terms providing a definition for commencement and a definition of completion. c. The construction of streets, utilities and other improvements necessary to serve the proposed development; and d. The dedication of land to public use. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-131. Consultants, fees and payment by applicant. The city may retain consultants to assist in the review of the planned unit development. The cost of retaining said consultants shall be borne by the applicant. Additionally, the applicant shall reimburse the city for administrative staff time required for the review and adoption of a planned unit development. The fee for such costs shall be set by the city commission. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-132. Application and review procedures. (a) Review by community development director. The planned unit development rezoning application shall be submitted to community development director at least thirty (30) days prior to the meeting of the community development board, at which meeting such application is to be considered. The community development director shall review the preliminary development plan to determine its conformity with the comprehensive plan, policies of the city, requirements of this chapter, and requirements of other applicable state and federal statutes, rules and regulations. Upon completion of the review, the community development director shall forward the planned unit development rezoning application to the community develop- ment board. (b) Action by the community development board. The community development board shall review the planned unit development rezoning application and may recommend to the city commission to enact an ordinance establishing a planned unit development including any special conditions related thereto based upon the findings that: (1) The proposed planned unit development does not affect adversely the orderly devel- opment of the city, as embodied in this chapter and in the comprehensive plan or portion thereof adopted by the city commission; Supp. No. 25 1468 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-133 (2) The proposed planned unit development does not affect adversely the health and safety of residents in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood; (3) The proposed planned unit development will accomplish the objectives and will meet the standards and performance criteria of section 24-135; (4) The community development board shall conduct a public hearing to assist in its development of a recommendation to the city commission. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-133. Adoption of ordinance creating a planned unit development. (a) Action by the city commission. Upon receipt of the recommendation of the community development board, the city commission may enact an ordinance establishing a planned unit development, including any special conditions related thereto based upon findings as outlined in section 24-132(b) above. (b) Procedure for adoption. (1) Each planned unit development ordinance shall be introduced in writing, and shall contain all applicable materials which are appropriate to the planned unit develop- ment. (2) A proposed planned unit development shall be read by title or in full on at least two (2) separate days and shall, at least seven (7) days prior to adoption, be noticed once in a newspaper or general circulation. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of the proposed planned unit development ordinance, and the place or places within the municipality where such proposed ordinances may be inspected by the public. A public hearing on the proposed ordinance shall be held on the second reading. (3) The city commission shall direct the city clerk to notify by mail each real property owner whose land the municipality will rezone by enactment of the planned unit development ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects the property owner, and shall set a time and place for one (1) or more public hearings on the ordinance. The notice shall be given at least thirty (30) days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. The city commission may, upon the conclusion of the hearing, immediately adopt the planned unit development ordinance provided that all applicable requirements of state law have also been met. (c) Deviations from the ordinance. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating the planned unit development, the city commission may approve changes in such plans which comply with the following criteria: (1) There are the same or fewer number of dwelling units and/or floor area; or Supp. No. 25 1469 § 24-133 ATLANTIC BEACH CODE (2) The open space is in the same general location and in the same general amount, or a greater amount; or (3) The buildings have the same or less number of stories and/or floor area; or (4) The roads and drives follow approximately the same course; and have the same public or private rights therein. (d) Expiration of time limits provided in ordinance. If development actions required by the ordinance creating a planned unit development are not taken within the time limits set by the city commission in the ordinance, the approval of a planned unit development as provided in the ordinance shall expire, and no further action shall be permitted under same unless an extension has been granted by the city commission. See section 24-204(2)(d). (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-134. Implementation of a planned unit development. (a) Development plan. Following the enactment of an ordinance creating a planned unit development, a detailed development plan of all or part of the planned unit development shall be submitted to the community development director for review in accordance with the schedule of development, as contained in the ordinance, which shall include: (1) All materials, drawings, information, and other documentation, as required by the city to certify substantial compliance with the planned unit development ordinance. (2) Agreements, contracts, covenants and deed restrictions and sureties acceptable to the city for completion of the development according to plans approved in the ordinance, and for continuing operation and maintenance to such areas, functions and facilities that are not to be provided, operated, or maintained by the city pursuant to written agreement. (b) Record plans. If the planned unit development ordinance requires the recording of record plats, such plats shall accompany the submission of the development plan to the community development director, and plats so approved shall be recorded, as required by law. (c) Approval of development plan. The community development director shall review the submittals required for the final development plan to assure its compliance with the planned unit development ordinance. The community development director shall then forward the final development plan to the city commission. The city commission shall review the final development plan and, if found in compliance with this article, the planned unit development ordinance and standards established pursuant to section 24-135, shall approve the same. (d) Permits required. All development within a planned unit development shall proceed in accordance with all required development permits, and no building permit, certificate, or other document authorizing construction or occupancy within a planned unit development shall be issued, except in accordance with the approved development plan. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1470 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-135 Sec. 24-135. Development standards and criteria. (a) Density of development. The total area occupied by building and structures for residential use shall not exceed thirty-five (35) percent of the total area of that portion of the planned unit development devoted to residential use. Density shall comply with the limita- tions as set forth by the comprehensive plan. (b) Open space. The planned unit development may, upon approval by the city commission, include residential lots of smaller size than would be permitted by this chapter, provided the overall density is in compliance with the comprehensive plan. The excess land shall be utilized as open space. The open space area shall be recorded upon the final development plan of the planned unit development. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to the city or be maintained by a community association composed of residents of the planned unit development. Land recorded as open space shall not be encroached upon by any residential, commercial, or industrial principal use or accessory use. (c) Waiver of yard, dwelling unit, frontage criteria, and use restriction. Minimum yard, lot size, type of dwelling unit and lot frontage requirements may be waived for the planned unit development, provided the spirit and intent of these land development regulations is complied with within the total development area of the planned unit development. However, the city commission may, at its discretion, require adherence to minimum zone zoning district requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of these land development regulations and the comprehensive plan. (d) Supporting legal documents for open space. Legal documents which assure adequate management and maintenance of the open space shall be provided by the developer for all areas proposed for common ownership by the residents of the planned unit development. Legal instruments provided for dedications, covenants, community associations, and subdivision controls shall: (1) Place title of common property in a form of common ownership by the residents of the planned unit development; e.g., a duly constituted and legally responsible community or homeowner's association, cooperative, etc.; (2) Appropriately limit the use of common property; (3) Place responsibility for management and maintenance of common property. The city commission, at its discretion, may require the applicant to enter into a contract with the city for maintenance of commonly held properties; (4) Clearly designate the developer or the homeowner's association to be responsible for all maintenance and upkeep of all utilities and other improvements such as sidewalks, streets, etc., until such time as they are accepted by the city. (5) Place responsibility for the enforcement of covenants; (6) Permit the subjection of each lot to assessment for its proportionate share of maintenance costs. Supp. No. 25 1471 § 24-135 ATLANTIC BEACH CODE (e) Access. Access to each single-family dwelling unit shall be provided by either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the planned unit development. (f) Privacy. Each dwelling unit within the planned unit development, shall be provided visual and acoustical privacy. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. (g) In -fill development. All construction within the PUD shall conform to the general architectural style of the initial development and shall, wherever possible, conform to the intended price range as established in the development plan. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-136. Community facilities. (a) All utility facilities proposed for dedication to the city must be acceptable by the city as to construction standards and deemed to be of benefit to the general public. (b) All requirements for off-street parking and loading shall apply to the planned unit development unless otherwise waived or modified by the city commission. (c) Access and circulation shall adequately provide for fire -fighting equipment, furniture moving vans, fuel trucks, refuse collection, deliveries and debris removal. (d) All planned unit developments shall provide for underground installation of utilities, including telephone, power and cable television in both public and private rights-of-way. iGJisivrs shall be made for ac..Ntu le design and construction of storm sower fxcixxaxbs including grading, gutters, piping and installation and treatment of turf to handle storm waters, prevent erosion and prevent formation of dust. (e) Specifications for street design shall conform to the rules and regulations adopted by the city. See Article IV. (f) All public and private parks, playgrounds and green spaces must be clearly identified and the proposed location of each must be approved by the mayor and the city commission and recorded within the ordinance establishing the PUD. (g) Sidewalks and recreational areas appropriate to the intended use of the PUD shall be provided and clearly shown on all plans and drawings. Internal sidewalks shall be provided in all residential PUDs. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-137. Requirements of this division. No requirement of this division which shall be included in the planning unit development's covenants and restrictions shall be subject to removal from those covenants without prior Supp. No. 25 1472 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-151 approval by formal action of the city commission. While it shall not be the responsibility of the city to enforce private covenants and restrictions, the city shall not knowingly issue building permits that are in conflict with such private agreements. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-138-24-150. Reserved. DIVISION 7. SUPPLEMENTARY REGULATIONS Sec. 24-151. Accessory uses and structures. (a) Authorization. Accessory uses and structures are permitted in any zoning district when the accessory uses or structures are clearly ancillary, in connection with, and incidental to the principal use allowed within the particular zoning district. (b) Accessory uses by zoning district. Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) In all residential zoning districts: a. Antenna structures for television and radio, but not microwave relay or commer- cial transmission structures, television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment, not to exceed thirty-six (36) square feet of gross floor area. c. Detached private garages and carports, not to exceed six hundred (600) square feet of lot area and twelve (12) feet in height, except in accordance with section 24-88. Only one (1) detached private garage or carport shall be allowed on any single residential lot, and such structures shall comply with applicable yard requirements. d. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and ten (10) feet in height a for flat roof or twelve (12) feet in height for a peaked roof; e. Private swimming pools. f. Home office (but not a home occupation). g. Private ball courts and other similar private recreational uses; h. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten (10) feet (flat roof) or twelve (12) feet (peaked roof) in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall comply with applicable yard requirements. Supp. No. 25 1473 § 24-151 ATLANTIC BEACH CODE J• Detached screened enclosures with screened roofs, not to exceed six hundred (600) square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear lot line. Such detached screened enclosures shall not be allowed in required front yards. Dog houses not to exceed five (5) square feet and five (5) feet in height. (2) In any zoning district; except as to private swimming pools: a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. b. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including minimum yard require- ments applicable to the zoning district in which they are located; c. Accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. d. No accessory structures shall be used as a residence, temporarily or permanently, except in accordance with section 24-88 and section 24-89. e. Accessory structures shall not be more than twelve (12) feet in height, except in accordance with section 24-88. Accessory structures shall not be placed forward of the front of the principal use structure. On a corner lot, no part of any accessory structure shall be closer to any property line than the principal use structure. Space within an accessory structure shall not be leased or used for any use or purpose other than those incidental to the use of the principal building. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-152. Child care centers. Child care centers, including day nurseries and kindergartens, whether permitted or permitted uses -by -exceptions shall be subject to the following provisions: (1) Minimum lot area shall not be less than five thousand (5,000) square feet; (2) Outdoor play area shall be totally fenced with a minimum four -foot high fence and the size of play area must meet the state regulations for square feet per child. Play area shall be located in the rear yard in residential districts; (3) The maximum number of children must be stated in the application for exception and in no case shall the number of children approved be exceeded; (4) A plan showing the location of the building to be used or constructed on the lot, fenced play areas, off-street parking loading and unloading facilities, ingress and egress shall be submitted with the application for exception; (5) All facilities, operation and maintenance shall meet all applicable city ordinances and Florida Statutes for child care centers. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1474 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-155 Sec. 24-153. Churches. The minimum development criteria for churches in any zoning district where churches are permitted shall include: (1) Adequate site area to accommodate all structures and required on-site parking and circulation areas for motor vehicles, in accordance with the parking requirements of this chapter; (2) Location on a collector or arterial street with adequate frontage to accommodate ingress -egress driveways in proportion to expected peak attendance levels in order not to disrupt roadway traffic; (3) Maintenance of the required clear sight triangle; (4) Building setbacks as required in the zoning district in which the facility is located; (5) Buffering in the form of hedge materials and/or fence or wall, as appropriate, along lot lines adjacent to residential uses; (6) If there is a dwelling for clergy attached or on the same premises, required open space shall be: a. For single-family dwellings, the same as for the same use in a district permitting single-family dwellings. b. For group homes, residence halls, the same as for multifamily dwellings. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-154. Display and sale of merchandise outside of a business. Outside display or sales of furniture, clothing, dry goods, hardware or other similar materials shall be prohibited in all zoning districts. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-155. Establishments offering dancing or live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment for which a use -by -exception has been issued constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appearance or value of property in the immediate or surrounding vicinity, then the city commission may, upon such determination, revoke, cancel or suspend such use -by -exception and related occupational license, and any person or party applying for and receiving a use -by -exception for live entertainment is hereby placed on notice that the use -by -exception may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every use -by -exception hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1475 § 24-156 ATLANTIC BEACH CODE Sec. 24-156. Exceptions to height limitations. Upon specific application, the city commission may make exceptions to the limitations and restrictions on height of buildings or structures in the CL, CG and CB and ILW zoning districts, provided that in any instance wherein such an exception is granted, the city commission shall prescribe the maximum allowable height of the building or structures involved. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-157. Allowable height of fences and walls. (a) Within required front yards, the maximum height of any fence or wall, including posts or columns, shall be four (4) feet. (b) Within required side or rear yards, the maximum height of any fence or wall, including posts or columns, shall be six (6) feet. (c) On corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be allowed within fifteen (15) feet of any lot line which abuts a street. (A minimum twenty -five- foot sight triangle shall be maintained.) (d) The height of fences and walls shall be measured from grade to the top of the fence or wall, including posts or columns. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall shall be measured from the side with the lowest elevation. The use of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is prohibited. (.v m1 __ - _ _i__. l _L .-,.__A- _ f a retaining ll k) iii uLal.xxtiu,tt ucagtt.. v. d uWarts 0ti lily i0i, is IOUI (*) feet,. ttIIIIIIIIIuutt 01 forty (40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-158. Guardhouses and security buildings. (a) Guardhouse or security building shall mean any structure designed, built or used exclusively for the shelter and on -duty accommodation of persons engaged in the protection, guarding and security of persons and property. (b) Upon specific approval of an application for a building permit to install, construct or place guardhouse or security building and issuance of a building permit, a guardhouse or security building may be erected, installed, placed or constructed within any zoning district. (c) Any person or party desiring to erect, install, place or construct any guardhouse or security building shall apply to the building official. Such application shall meet all require- ments of applications for building permits and shall be accompanied by the building permit fee required by the city for commercial structures. Supp. No. 25 1476 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-159 (d) Upon receipt of the application and filing fee, the city shall, as soon as practical, either approve and authorize issuance of the permit, or deny the same. If the permit is authorized, the building official shall issue a building permit for the guardhouse or security building. (e) No guardhouse or security building shall be occupied until it has passed all building inspections and a certificate of occupancy has been issued for the building. (f) When any guardhouse or security building has ceased to be used for such purpose as defined in this section, and the guardhouse or security building does not meet all setback, square footage, electrical, plumbing or other requirements necessary for the issuance of a building permit as a principal use, accessory use or use -by -exception in the zoning district where the building is located, it shall be removed at the owner's expense unless the city authorizes a continued use. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-159. Home occupations. (a) Intent. Certain home occupations may be approved through the use -by -exception procedure in order to address the desire of people to conduct limited small-scale home occupations within a personal residence. A home occupation shall not change the residential character or exterior appearance of a property, shall not increase traffic in residential neighborhoods and shall not create any adverse impacts to the surrounding residential neighborhood. (b) Home occupations shall be approved in accordance with section 24-63. The following provisions regulations shall also apply to all activities approved as a home occupations: (1) The address of the home occupation shall not appear in the telephone book, on letterhead, checks or any type of advertising. (2) No one other than immediate family members residing on the premises shall be involved in the home occupation. There shall be a limit of one (1) occupational license per person, and no more than two (2) licenses per household. Home occupations shall be nontransferable. (3) All business activities conducted on the licensed premises shall be conducted entirely within the dwelling. There shall be no outside storage or outside use of equipment or materials. (4) No more than one (1) room of the dwelling shall be used to conduct the home occupation, provided the area of that room does not exceed twenty-five (25) percent of the total living area of the dwelling. (5) No external sign or evidence that the dwelling is being used for any purpose other than a residence shall be allowed. (6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or electrical interference as a result of the home occupation. Evidence of such shall result in revocation of the home occupation approval. Supp. No. 25 1477 § 24-159 ATLANTIC BEACH CODE (7) The city commission may attach additional provisions and conditions, as appropriate, to the approval of any home occupation. (c) The following are typical activities that may be acceptable as home• occupations: recognized professional services with characteristics that exceed the definition of a home office, such as accountant, attorney, bookkeeper, insurance agent, consultant, real estate agent, secretarial services, architect; and artist, auctioneer, seamstress or tailor, music instructor, photographer, piano tuner, telephone answering service, hobby and crafts not involving equipment, and licensed massage therapist with no treatment of clients on premises. (Activities meeting the definition of a home office shall not require approval as a use -by - exception.) (d) The following occupations and activities shall be prohibited as home occupations: (1) Escort or introduction services; (2) Welding or any type of metal fabrication; (3) Repair, maintenance or detailing of automobiles, boats, motorcycles, trailers or vehicles of any kind; (4) Cabinet or furniture making; (5) Upholstery or canvas work; (6) Fortune tellers, psychics and similar activities; (7) Beauty shops or barbers; (8) Antique or gift shops; (9) Tow ck service; (10) Grooming or boarding of animals; (11) Any other activity as determined by the city commission to be inappropriate as a home occupation. (e) Home occupations shall not be permitted in areas that are restricted by deed when such documents are recorded in the public records of Duval County and on file with the city clerk of the City of Atlantic Beach. (f) All other business activities, not specifically approved as a home occupations, shall be restricted to the commercial zoning districts. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above- ground tanks. (a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall be shielded from view except during time periods typically associated with refuse collection. Supp. No. 25 1478 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-161 (b) Within commercial zoning districts, dumpsters, trash receptacles, above ground tanks and similar structures and containers shall be screened from view by fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-161. Off-street parking and loading. (a) General. Required off-street vehicular parking spaces shall be provided at the time of the construction of any main building for the uses described in this section. The facilities shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved (see adequately drained and maintained in a dustproof condition); shall provide barriers when located at the perimeter of the lot to prevent encroachment on to adjacent property; and when lighted, lights shall be directed away from adjacent property. Parking areas and driveways shall not obstruct stormwater, drainage swales, guttering, etc. Excess parking is strongly discouraged, and in no case shall the number of parking spaces exceed that required by this section by ten (10) percent of that required. (b) Plans required. A composite site plan depicting the arrangement and dimensions of required parking and loading spaces, access aisles and driveways in relationship to the buildings or uses to be served shall be included on with all plans submitted for review. Parking calculations shall also be included. (c) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sums of the gross horizontal area of every floor of the building, using exterior wall dimensions. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half (1/2) shall require a full space. (d) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the most similar to the one sought, it being the intent of this section to require all uses to provide adequate off-street parking and loading. (e) Location of required parking spaces. (1) Parking spaces for residential uses shall be located on the same property with principal building to be served, where feasible. (2) Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away. A shared parking agreement shall be required where off-site parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak -hour parking needs. (f) Design requirements. (1) Parking space dimension shall be a minimum of ten (10) feet by twenty (20) feet; Supp. No. 25 1479 § 24-161 ATLANTIC BEACH CODE (2) Accessible parking spaces shall comply with the accessibility guidelines for buildings and facilities (ADAAG), and shall have a minimum width of twelve (12) feet; (3) Minimum width for one-way driveway aisle shall be twelve (12) feet, and the minimum width for two-way driveway shall be twenty-two (22) feet. (g) Parking space requirements. (1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or seating places; (2) Bowling alleys: Four (4) spaces for each alley; (3) Business or commercial buildings: One (1) space for each three hundred (300) square feet of gross floor area; (4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating places; (5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater; (6) All residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and convalescent homes: One and one-half (11/2) spaces for each hospital bed; (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof; (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area; (10) Manufacturing, warehousing and industrial uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises; (11) Medical or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area; (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees; (13) Marinas: One (1) space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional buildings: One (1) space for each four hundred (400) square feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places: One (1) space for each two (2) seats; (16) Rooming and boardinghouses: One (1) space for each guest bedroom; Supp. No. 25 1480 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-163 (17) Schools and educational uses: a. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen; b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area; (19) Day care centers: Two (2) spaces for each employee, plus a clearly designated drop off and pick up area; (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross leasable area. (h) Off-street loading spaces: Off-street loading spaces shall be provided and maintained for hospital, institutions, single occupancy commercial or industrial building, or similar use requiring the receipt or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten thousand (10,000) square feet of gross floor area and one (1) additional space for each twenty thousand (20,000) square feet of gross floor area, or fraction thereof, over and above the first ten thousand (10,000) square feet. (i) Applications to vary from the requirements of this section shall follow the procedures set forth in section 24-63. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-162. Parking lots. Off-street parking lots may be a permissible use -by -exception in all nonresidential zoning districts where such lots are within four hundred (400) feet of the property requiring off-street parking and provided such parking lots shall also conform to the following: (1) A wall, fencing, shrubbery or as otherwise required by the community development board and the city commission shall be erected along edges of portions of such parking. (2) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district. (3) There shall be no sales or service activity of any kind in any parking area unless a permit is applied for and granted by the community development board. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment in residential zoning districts. (a) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight shall be prohibited in all residential zoning districts. Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross Supp. No. 25 1481 § 24-163 ATLANTIC BEACH CODE vehicle weight, recreational vehicles, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle of less than twelve thousand five hundred (12,500) pounds shall be permitted any residential lot, and such commercial vehicle shall be parked a minimum of twenty (20) feet from the front lot line. Such commercial vehicle shall be used in association with the occupation of the resident. (2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products or other hazardous materials be permitted to be parked or stored either temporarily or permanently in any residential zoning district. (b) Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line or closer than fifteen (15) feet from any other street side lot line of any residential lot. (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined in section 21-24, shall not be parked or stored in any residential zoning district. (d) No materials, supplies, appliances or equipment used or designed for use in commercial or industrial operations shall be stored in residential zoning districts, nor shall any home appliances or interior home furnishings be stored outdoors in any residential zoning district. (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connections with the construction of a building on the property, which has been approved in accordance with the terms of this chapter or to commercial or recreational vehicles parked within completely enclosed buildings. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1482 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-165 Sec. 24-164. Swimming pools. Swimming pools and ornamental pools shall be located, designed, operated, and maintained so as to minimize interference with any adjoining residential properties, and shall be subject to the following provisions: (1) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be arranged so as not to directly illuminate adjoining properties. (2) Setbacks: The following setbacks shall be maintained for any swimming pool or ornamental pool: a. For swimming pools, the front setback shall be the same as required for a residence located on the parcel where the swimming pool is to be constructed, provided, that in no case shall the pool to be located closer to a front line than the principal building is located; except that a pool may be located in either yard on a double frontage lot along the Atlantic Ocean and provided that no pool on such lots is located closer than five (5) feet from any lot line. b. For ornamental pools, the front setback shall be a minimum of five (5) feet. c. Minimum required side and rear yard setbacks for both swimming pools and ornamental pools shall be five (5) feet from any lot line. (3) Fences: All swimming pools and any ornamental pool with a maximum depth greater than two (2) feet shall be enclosed by a fence wall or equivalent barrier at least four (4) feet high and designed in compliance with both state and local regulations. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-165. Service stations. The following provisions shall apply to the location, design, construction, operation and maintenance of service stations: (1) Lot dimensions. A lot containing a service station shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have a street frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet. (2) Access to site. Vehicular entrances or exits for service stations shall: a. Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; b. Contain an access width along the curb line of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point, and not be located closer than one hundred (100) feet from a street intersection along any arterial or collector street and/or closer than fifty (50) feet from a street intersection on a local street or closer than ten (10) feet from adjoining property; Supp. No. 25 1483 § 24-165 ATLANTIC BEACH CODE c. Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street. (3) Location of pumps and structures. No principal or accessory building, no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No gasoline pump shall be located within twenty (20) feet of any street right-of-way line. (4) Lighting. All lights and lighting on a service station shall be so designed and arranged so that no source of light shall be directly visible from any residential zoning district; this provision shall not be construed to prohibit interior lighted signs. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-166. Signs. Signs shall be governed as set forth within Chapter 17 of this Code, signs and advertising structures. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-167. Required buffering between residential and nonresidential uses. When development is proposed in any nonresidential zoning district that adjoins a lot in residential use, either to the side or to the rear, buffers as described below shall be provided. (1) IAT{-tnrn nnnrpaidpn+ial dei lnpmnn+ is proposed orijanen+ +n reside ,fiat develn men+ ..-„tea �--- --um„a ry _� i � - a W -�< wpb a ', there shall be a solid masonry wall, or wood fence, shrubbery or landscaping as approved by the designated administrative official, along required rear and required side yards. Such buffer shall be a minimum of five (5) feet in height, except that within required front yards, such buffer shall be four (4) feet in height. Required buffers shall be constructed and maintained along the entire length of the adjoining lot line. (2) Where landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent opacity within twelve (12) months of installation. (3) Where a wall or fence is used, such wall or fence shall be constructed on the nonresidential property, and height of the wall or fence shall be measured from the finished grade of the nonresidential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as required by this section may be constructed to a maximum height of eight (8) feet, subject to approval of the designated administrative official upon demonstration that such height is required to provide adequate buffering between uses. (Ord. No. 90-01-70, § 1, 2-6-01; Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1484 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-170 Sec. 24-168. Land clearing, tree removal or damage to existing trees and vegetation. The removal or damage of a trees and vegetation shall be governed by Chapter 23, Article II. No lands shall be cleared or grubbed, and no vegetation on any development site disturbed, prior to issuance of all required approvals and development permits authorizing such clearing. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-169. Utility structures. Structures or uses required for public utilities such as gas, water, electric, sewage or telephone may be located within any zoning district upon recommendation of the community development board and approval of the city commission. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-170. Satellite dish antenna. (a) All installations of satellite antenna not regulated by the Federal Telecommunications Communications Act of 1996 and subsequent revisions shall meet the following minimum requirements: (1) Satellite dish antenna shall be considered a structure requiring a development permit prior to installation. Subsequent to installation, the antenna shall be maintained in compliance with all applicable building and electrical codes. (2) Satellite dish antenna installation and any part thereof shall maintain safe vertical and horizontal clearances from any electrical lines and shall conform to the National Electrical Code. (3) Satellite dish antenna installation shall meet all FCC and manufacturer specifica- tions, rules and requirements. (4) Satellite dish antenna shall be of a non -reflective surface material and shall be made, to the fullest extent possible, to conform and blend with the surrounding area and structures. (5) Satellite dish antenna shall contain no advertising or signage of any type. (6) The installer of any satellite dish antenna, prior to installation, shall submit detailed drawings of the proposed satellite dish antenna installation, including a survey of the property identifying the proposed location, and foundation details which shall be certified by the manufacturer or a professional engineer to meet the wind loading as well as other structural requirements. (7) Satellite dish antenna may be placed in the required rear yard or side yard of a lot provided it shall not be placed closer to the front lot line than the existing principal building. (8) Satellite dish antenna shall, to the maximum extent possible, be screened from the view from adjacent streets. Supp. No. 25 1485 § 24-170 ATLANTIC BEACH CODE (b) The following standards shall apply to all satellite antenna installations: (1) Satellite dish antenna shall be considered an accessory structure to the principal structure on the lot and shall not constitute the principal use of any property. (2) Satellite dish antenna shall provide service only to the principal structure on the lot and shall not be used for commercial purposes. (3) Not more than one (1) satellite dish shall be permitted on any residential lot. On commercial lots there shall be no limitation as to the number of satellite dish antenna provided that all the other requirements of this section are met. (4) The maximum size of the satellite dish antenna, whether ground mounted or pole mounted, shall be twelve (12) feet in diameter. (5) The maximum height of a pole mounted dish antenna shall be fifteen (15) feet, as measured from the adjacent finished grade to the highest projection of the antenna. (6) The maximum height of a building mounted dish antenna shall not exceed the height of the building. (7) A satellite dish antenna with a diameter greater than four (4) feet shall not be permitted to be installed on the roof of any structure. (8) A satellite dish antenna installation, whether ground or pole mounted, shall be mounted at a fixed point and shall not be portable. (c) Nonconforming antenna. Any satellite dish antenna lawfully installed prior to the initial effective date of these land development regulations shall be allowed to remain, until such time as such satellite dish or antenna replaced or moved. At the time of replacement or reneatinn the requ cement of thio scctien �h.,11 be con plie with full. ..ve.u.w..0 ..., ,.�a.. a.. ....o...v.....n...0 uv..v. - v-_w.v.z in L,aSI• (Ord. No. 90-01-172, § 2, 11-26-01) 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: Buffer shall mean the required treatment of areas between different classifications of uses or incompatible uses. Buffers may incorporate the combinations of landscaping, open space, fences or walls. Ground cover means a low -growing herbaceous or woody plant other than turf, not over two (2) feet high, intended to cover the ground. Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Supp. No. 25 1486 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177 Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants and includes required back flow prevention devices. Landscaping means any combination of living plants, native or installed, including grass, ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or fountains provided no such landscape element has a solid roof. Mulch means 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 installed along the perimeter of a lot in which landscaping is used to provide a transition between uses and reduce adverse environmental, aesthetic, and other negative impacts between uses. 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. Vehicular use area (VUA) means those areas of a site to be used for off-street parking, employee parking, service drives, loading zones and access drives within property located in commercial and industrial zoning districts. Xeriscape means water -conserving landscape design utilizing native or drought tolerant vegetation and water efficient irrigation systems. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-177. Applicability; requirements; buffer design standards; maintenance, protection and visibility. (a) Applicability. The provisions of this section shall apply to all new nonresidential development and multifamily development, including property in government use. The provisions of this section shall also apply when the total cost of alteration, expansion or renovation of existing such development is equal to or exceeds twenty-five (25) percent of the current assessed value of the parcel improvements, or when the total square footage of a structure is expanded by more than twenty-five (25) percent as well as when any cumulative expansions total more than twenty-five (25) percent. Construction costs shall be determined in accordance with the building evaluation data sheet as established by the Standard Building Code Council International. (b) Landscape plan required. (1) Prior to the issuance of any development permit for nonresidential development and multifamily development, a landscape plan shall be approved by the community development director. For development sites greater than two (2) acres in size, a landscape plan shall be submitted with preliminary site plans as required by section 24-167(c). The landscape plan shall be prepared by either the owner or a licensed, Supp. No. 25 1487 § 24-177 ATLANTIC BEACH CODE registered landscape architect, bearing his seal, or shall be otherwise prepared by persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II, Florida Statutes (landscape architecture). (2) The required landscape plan 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 and back flow prevention devices. c. Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this part. The use of xeriscape landscape materials and methods is strongly encouraged. 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 infor'uation 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 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 within commercial and industrial zoning districts shall be landscaped. (2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs 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 channel 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. Supp. No. 25 1488 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177 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 community development director that the strict application of this section will seriously limit the use of the property, the community development director 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 that 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 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 under -story 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. Supp. No. 25 1489 § 24-177 ATLANTIC BEACH CODE 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 lot lines. All vehicular use areas that 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 VUAs 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 (7), if applicable. d. If an alley separates the VUA from the abutting property, the perimeter landscaping requirements shall still apply. (3) Existing landscape screen. If an existing landscape screen has been established on abutting property, then it mny hP read to satisfy the req! !menta of this section so long as the existing landscape screen is abutting the common lot 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 perim- eter 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. Supp. No. 25 1490 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-177 (7) If it can be shown to the satisfaction of the community development director that the strict application of this section will seriously limit the use of the property, the community development director may approve the location of the required interior landscape area. (e) Buffers required between incompatible or different use classifications. (1) Where incompatible or different use classifications are adjacent, without an interven- ing street, a buffer strip shall be required between the such uses. Such buffer strip shall be at least ten (10) feet in width the entire length of all such common lot lines and shall be required in the following circumstances: 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, multifamily dwellings or mobile home parks or mobile home subdivision uses or lands zoned for single-family dwellings, multifamily dwell- ings or mobile home parks or mobile home subdivisions. e. Industrial uses or zoning districts, when adjacent to any non -industrial uses or zoning districts other than agricultural land uses or zoning districts. (3) Required buffers shall at a minimum contain the following landscape materials: 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 access ways. 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. Supp. No. 25 1491 § 24-177 ATLANTIC BEACH CODE d. Prevailing requirement. Whenever parcels are subject to both the perimeter landscaping requirements and buffer strip requirements of the article, the latter requirements shall prevail. e. Hardship. If the community development director determines that the construc- tion of a landscape buffer area required by this section shall create an unreason- able hardship, 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 section. (3) The required buffer strip shall not be used for principal or accessory uses and structures, vehicular use areas, dumpster pads, signs, equipment, or storage. Slopes within required 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 non -shade trees or trees with a mature canopy of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten \iuj feet UVtLctU ittigYIL. iiees Shall UOV be pidIIuiu i.aus i ui to LWU (G) leev 11UYtl 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. 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 [of] 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. Supp. No. 25 1492 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-186 e. 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. f. 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) 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 landscape areas or to replace within thirty (30) days all required landscaping which is dead, irreparably damaged, or fails to meet the standards of this section, shall be deemed a violation of these land development regulations and subject to code enforcement procedures. (2) Irrigation. 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 access way intersects with another access way within a vehicular use area, or where an access way is located within a vehicular use area, or where an access way intersects with a street right-of-way, cross visibility within the sight triangle, as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet, above elevation of adjacent pavement. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-178-24-185. Reserved. ARTICLE IV. SUBDIVISION REGULATIONS DIVISION 1. GENERALLY 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 Supp. No. 25 1493 § 24-186 ATLANTIC BEACH CODE 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 serve the residents of land proposed for development; (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 enhance protection from fire, flood and other danger; (6) To provide for adequate light, air, privacy, and to prevent overcrowding of the land and congestion of the population; (7) To ensure proper legal descriptions and monumentation of subdivided land; (°) T.0 prevent or reduce the pollution of aur, streams arid ponds; t u Buie wile 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; (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, this article and the requirements of these land development regulations. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-187. Waiver. (a) General. Where the city commission finds that undue hardship due 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. Supp. No. 25 1494 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-188 (b) Conditions of waiver. An applicant seeking a waiver shall 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 ensure that the waiver will comply with the intent and purpose of this article. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-188. Re -subdivision of platted lots and lots of record. (a) Procedure for re -subdivision. Any change in a map of an approved or recorded subdivision plat, platted lot or lot of record, which alters any access point, other than a private driveway, or street layout as shown on the recorded plat, or any area reserved thereon for public use, shall be approved by the city commission by the same procedure, rules and regulations as for a new subdivision, and a replat shall be recorded. (b) Procedure for subdivisions where future re -subdivision 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 re -subdivided into small building sites, the city commission may require the allowance for future opening of 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) Changes to previously recorded subdivision plats. No combination or reconfiguration of previously platted lots shall be permitted when additional parcels are created, except that such changes to previously recorded and platted subdivisions and platted lots of record shall require a re -plat to be approved by the city commission in accordance with the same procedure, rules and regulations as for a new subdivision. (d) Replatting shall not be required when the recombination of lots reduces density or the number of lots within a subdivision, provided that the square footage of any such combined lot shall not be less than five thousand (5,000) square feet and that development of the resultant lot complies with all applicable provision of these land development regulations. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1495 § 24-189 ATLANTIC BEACH CODE Sec. 24-189. Vacation of previously recorded subdivision plats. An applicant may apply for the vacation of a recorded plat, or a portion of a plat by a written application to which a copy of the plat shall be attached requesting the same to be vacated. Vacation of plats shall require approval of the city commission. Any future subdivision or replat shall be approved by the city commission by the same procedure, rules and regulations as for a new subdivision. (Ord. No. 90-01-172, § 2, 11-26-01) 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 Duval County for the purpose of recording said plat in the official records of Duval County until the plat has been approved by the city commission in accordance with the provisions of this article and signed by the mayor of the City of Atlantic Beach. 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, approved by the city commission without the consent of the city commission. No development permits shall be issued for any land that has been subdivided, or any lot that has been created, except in compliance with the requirements of this article and the comprehensive plan. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-202. Plat review procedure. There are three (3) stages of review required prior to final subdivision plat approval: the concept plan review; the preliminary plat review, and the final subdivision plat approval. The community development director shall verify at each stage of review that the proposed plat complies with the comprehensive plan and Article III of this chapter. No subdivision application shall proceed to the next stage of review until it is found to be consistent with the adopted comprehensive plan and Article III of this chapter. Submittal requirements for each stage of review and approval are set forth in the following section. (1) Stage 1. Concept plan review. This stage allows the applicant to discuss the concept with the community development director and other city personnel before incurring the costs of professional services. This assistance should facilitate the preparation and review of the preliminary and final subdivision plat. (2) Stage 2. Preliminary plat review. This stage commences the formal review process and requires professional services for accurate presentation of technical data and prelim- inary engineering drawings in such a manner as to allow review and evaluation of the proposed development and its impact upon both the site and surrounding areas. Supp. No. 25 1496 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-203 (3) Stage 3. Final plat approval. Following preliminary plat approval, this is the final stage before recording a plat. The final subdivision plat may be approved by the city commission after construction of required subdivision improvements or by providing the city commission security that the required improvements shall be constructed. Construction plans must be approved, and development required pursuant to the plat approval must be completed and accepted by the city commission before the final subdivision plat is recorded unless appropriate assurances are provided by the applicant. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-203. Stage 1 review: Concept plan and information required for review. (a) Required submittals. (1) A statement by the developer describing the development proposal including: name of the proposed development; legal description; approximate acreage to be subdivided; current zoning; total number of lots; minimum lot size; name; address and telephone number of owner and his representative. (2) A location map, drawn to scale, showing the relationship of the proposed subdivision to surrounding development. This map may be drawn at a small scale and is preferably located on the same sheet with the concept plan. (3) A concept plan drawn at a legible depicting: the width of proposed all street rights-of-way; preliminary lot layout with approximate dimensions shown; the name and right-of-way width of all existing streets that abut the proposed subdivision, existing easements on the property; soil types as available from the soil survey, general topography as available and showing natural features such as lakes, marshes or swamps, watercourses, floodprone areas and other pertinent features. (4) Eleven (11) copies of the required submittals shall be submitted to the community development director. (b) Review process. Upon receipt of required copies of the specified concept plan submittals, the community development director shall distribute a copy to the appropriate departments, official or agency for technical review and comment. The community development director shall review for compliance with the comprehensive plan and these land development regulations. The concept plan shall not be approved or denied at this stage. Community development director shall prepare a written statement advising the applicant of comments from all reviewing departments plat and shall transmit this statement to the applicant within a reasonable period of time. (c) Fees. The city commission may establish fees as deemed necessary to reimburse the city for the costs incurred in reviewing concept plans. (d) Time limit. Comments provided during the concept plan review process shall expire within six (6) months of the date of the statement from the community development director in the event that a preliminary plat is not submitted to the city. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1497 § 24-204 ATLANTIC BEACH CODE Sec. 24-204. Stage 2 review: Preliminary plat and information required for review. (a) Required submittals. (1) General. Applications for formal plat review shall be made by submitting eleven (11) copies of the preliminary plat to the community development director. The preliminary plat shall be drawn at the scale of one (1) inch equals one hundred (100) feet, designed in conformity with the design standards established in this article, and Florida Statutes, Chapter 177 containing the following information: a. Title block. The title or name of the proposed subdivision and the name and address of the owner of the tract proposed for development, and the name and address of the engineer and surveyor engaged to prepare and design the preliminary plat; b. Legend. Date, scale of plat, north arrow, current zoning, total number of lots and minimum lot size; c. Legal description. A full and detailed legal description of the tract to be platted and its approximate acreage; d. Vicinity map. A vicinity map, at scale, showing the proposed subdivision in relation to the abutting land uses and streets; e. Abutting subdivisions. All contiguous properties shall be identified by subdivision title, plat book and page or, if unplatted, the land shall be so designated; f. Streets. The location, name and right-of-way and pavement width, both on and immediately contiguous to the subdivision tract, shall be shown; g. Public open space and easements. Existing park lands, lakes and waterways, water bodies, wetlands and environmentally sensitive areas within the tract to be subdivided shall be shown. Existing public and private easements shall be shown on the plat. The purpose for the easement shall be noted; h. Parks and recreation dedication. Land to be dedicated per the requirements of this article shall be shown and approximate acreage indicated; J• Dedications and reservations. All parcels of land proposed to be dedicated or reserved for public use, such as roads, easements, parks, sidewalks, bike or pedestrian trails shall be indicated on the plat. Proposed rights-of-way and street names shall be noted; Lot lines and lot numbers. The proposed lot lines, with approximate dimensions and lot numbers, shall be shown; k. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable by the community development director. Supp. No. 25 1498 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-204 (2) Preliminary engineering drawings. Eleven (11) copies preliminary engineering draw- ings shall be submitted to the community development director for distribution and review by appropriate city departments. Preliminary engineering drawings shall depict the following: a. Water system lines and support facilities; b. Sewer system lines and support facilities; c. Stormwater and drainage facilities, easements and other features; d. Bulkheads; e. Street profiles; f. Sidewalks, bicycle paths and pedestrian paths; g. Excavation and fill areas. (b) Review process. Upon completion of review by city departments and verification that the proposed plat is in general compliance with applicable land development regulations the proposed subdivision shall be placed on the agenda of the next meeting of the community development board for consideration and recommendation. The community development director shall provide to the community development board all relevant information concern- ing the proposed plat including comments from all reviewing departments, officials or agencies. The community development board shall make a recommendation to the city commission to approve the application, deny the application, or approve the application subject to specified changes based on a consideration of the requirements of these land development regulations, the comprehensive plan and other conditions which may be unique to the land proposed for development. (c) Fees. The city commission may establish fees as deemed necessary to reimburse the city for the cost incurred in reviewing preliminary plats. (d) Time limit. An approved preliminary plat shall be valid for twelve (12) months. If the applicant has failed to obtain development permits, has not been granted an extension by the city commission, or received final plat approval within twelve (12) months of preliminary plat approval, the preliminary plat approval shall expire, and the applicant must re -apply under the provisions of this article. (e) Construction plan review. Upon approval of the preliminary plat by the city commission and approval of the preliminary engineering drawings by the designated administrative officials, final construction plans may be submitted for approval. Construction plans must be submitted to the community development director, and approved with concurrence from other reviewing departments prior to the issuance of a development permit. It shall be unlawful to construct any improvement without a valid development permit. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1499 § 24-205 ATLANTIC BEACH CODE Sec. 24-205. Stage 3: Final plat review and information required for review. (a) Required submittals. (1) Final plat review. Fifteen (15) copies of the final subdivision plat shall be submitted to the community development director for approval and shall be designated in confor- mity with the design standards and requirements established in this chapter, and in conformance with the requirements of Chapter 177, Florida Statutes, as may be amended, and shall be in conformance with the approved preliminary plat. The final subdivision plat shall be prepared by a surveyor and is to be clearly and legibly drawn in black permanent drawing ink 2 mil mylar or equal as required for recording in the official records of Duval County. Where necessary, the plat may be on several sheets and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. The final subdivision plat shall be at a scale of one (1) inch equals one hundred (100) feet, and shall be in the same format as the preliminary plat. The final subdivision plat shall contain sufficient data to readily determine and accurately locate on the ground the location, bearing and length of every right-of-way line, lot line, easement boundary line and black line, including the radii, arcs and central angles of all curves. In addition, the following shall be included in the submission: a. Title certification and real estate taxes. There shall be on the final subdivision plat a certification by a title opinion of an attorney-at-law licensed in the state or a certification by an abstractor or a title company showing that the apparent record title to the land as described and shown on the plat is in the name of the person executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has apparent record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record in accordance with Florida Statutes, Chapter 177.041, and a certificate from the developer's attorney, abstract company or the tax collector that all taxes due and payable at or prior to the time the application for final approval or acceptance is filed have been paid. b. Construction plans. Construction plans shall be submitted prior to final subdivi- sion plat approval under the provisions of this article. c. Assurance for completion. Security shall be submitted for the performance of construction, as provided in Division 4 of this article. d. Assurance for maintenance. Security shall be submitted for maintenance, meet- ing the requirements of Division 4 of this article, if a certificate of occupancy has been issued. e. Certificate of surveyor. A certification shall be submitted of the plat by a professional land surveyor registered in the State of Florida. f. Dedication of improvements. All public improvements or property designated for public purpose on any approved final subdivision plat, including but not limited Supp. No. 25 1500 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-206 to, all streets, alleys, easements, rights-of-way, parks and public areas, shall be expressly dedicated on the face of the final subdivision plat by the owner. In addition, the final subdivision plat shall contain a statement of dedication to the city, other appropriate government units or public utilities for all water lines, sewer lines, pumping stations, electrical power lines, cable television lines, gas lines and any other public utility service lines and appurtenances located within the tract prior to recording. (b) Review process. (1) Submitting for review. Fifteen (15) copies of the final subdivision plat shall be submitted to the community development director with the documents specified in this article at least thirty (30) days prior to the meeting of the city commission at which the final plat is to be submitted for review and approval or denial. (2) Approval or denial by city commission. Upon receipt of the information, the community development director shall schedule the subdivision on the agenda of the city commission and transmit copies to appropriate city departments, officials and agencies for technical review. The community development director shall forward all relevant information to the city commission for its consideration. The city commission, after considering all comments shall approve, deny or approve subject to specified conditions the final subdivision plat for recording, based upon compliance with the required certifications and security requirements and with the other requirements and provi- sions of this article and other applicable policies, ordinances, laws and regulations. During the review process if substantial changes to lot, block or street layout sizes occur after the preliminary review by the community development board another review by that board shall be conducted prior to submittal of the plat to the city commission for final action. (3) Signing, recording, and acceptance. Upon approval by the city commission, said final subdivision plat shall be signed by the mayor and shall be entitled to be recorded under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the final subdivision plat shall be deemed provisional acceptance by the city of said public improvements and public areas dedicated to the city. Final acceptance of all public improvements shall occur upon the submission to the city commission of a valid certificate of completion as provided for in section 24-235 of this chapter. The acceptance of dedications for public purpose shall be affixed to the face of the plat. (c) Fees. The city commission may establish fees as deemed necessary to reimburse the city for the cost incurred in reviewing final subdivision plats. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-206. Construction plans and development permits. (a) Intent. An applicant must obtain a single development permit for the construction of all approved subdivision improvements. The applicant may not submit construction plans, as required by this article for subdivision improvements, until the final subdivision plat is Supp. No. 25 1501 § 24-206 ATLANTIC BEACH CODE approved and any required performance bonds or other assurances are secured. The construc- tion plans shall provide security required for the performance of such construction. Once the improvements are completed, a certificate of occupancy shall be issued, and a maintenance bond shall be submitted, as required by this article. (b) Required submittals. The applicant requesting a development permit under the above procedures shall furnish to the designated administrative official the construction plans designed in accordance with the requirements of this article for the construction of roads, sidewalks, bikeways, drainage and water management facilities, utilities, lot filling and other improvements as required by this article, including a master drainage map and subsoil investigation report. All construction plans must be designed, signed and sealed by a professional engineer who is registered in the state of Florida. Appropriate reviewing departments shall review construction plans for conformity with the design of the approved final subdivision plat, the construction specification requirements of this article and any other applicable state, federal and local land development regulations. (c) Sewer and water commitment. The applicant shall provide to the utility director written confirmation that the utility has approved the plans for the sewer and/or water system in the subdivision. (d) City commission action. After the review, the community development director shall furnish all the staff recommendations and comments to the city commission. The city commission shall approve, deny or approve subject to specified conditions the construction plans based on the requirements of this article. (e) Certification of permanent reference marker location. Prior to the issuance of a development permit, the applicant shall submit to the designated administrative official a certificate from a professional land surveyor registered in the State of Florida that a concrete permanent reference marker has been located in the public right-of-way at a corner point of the subdivision near the entrance way of the proposed subdivision. The permanent reference marker shall be identified on the final subdivision plat as the master survey point for the subdivision and shall be used to establish the grade level for all improvements in the subdivision. (f) Issuance of a development permit. After approval by the city commission, the designated administrative official shall issue a development permit for the construction of the required improvements as specified in Division 3 of this chapter and in conformity with the approved construction plans, the final subdivision plat and the requirements of this article. The development permit must be posted by the applicant in a conspicuous place in the open at the construction site. (g) Term of development permit and revocation. A development permit issued under this section shall be void if construction does not commence within thirty (30) days. A development permit shall expire one (1) year from the date of its issuance. The failure to complete Supp. No. 25 1502 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-221 construction of the improvements within one (1) year shall cause the development permit to expire unless the city commission grants an extension of such permit if good cause is demonstrated in the applicant's written request for such an extension. (h) Unlawful to construct without a development permit. It shall be unlawful for any person to construct any improvement or any part of an improvement within the tract of a subdivision without a valid development permit issued for such construction under the provisions of this article. Any person found guilty of violating this section by constructing an improvement or any part of an improvement within the tract of a subdivision without a valid development permit shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) per day, or imprisonment for a term of not more than sixty (60) days, or by both fine and imprisonment. Each and every day that a violation exist shall constitute a separate offense. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-207-24-220. Reserved. DIVISION 3. REQUIRED IMPROVEMENTS Sec. 24-221. Generally. Each subdivision shall contain improvements designed and constructed according to the requirements and specifications of this article, the comprehensive plan, and applicable policies, regulations and ordinances of the city and laws of the State of Florida. The following services and facilities shall be required improvements within subdivisions: (1) Streets designed and constructed for public use according to the standards and requirements of this article; (2) Sidewalks designed and constructed for public use according to the standards and requirements of this article; (3) Approved street signs with block or address range numbers as provided for in chapter 6 of this Code, markers, traffic signs and signals to control and circulate traffic within the street pattern within the subdivision in accordance with the Florida Uniform Manual of Traffic Control Devices, published by the Florida Department of Transpor- tation; (4) Drainage and water management facilities designed and constructed according to the standards and requirements of this article. The term "drainage," where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, cross drains and canals; (5) A sanitary sewerage system or an approved individual sewage disposal system in the absence of access to a central sewerage system, based on the requirements of the State of Florida covering the sanitary facilities for subdivisions, the provisions of this article or other applicable policies, laws, ordinances and regulations; Supp. No. 25 1503 § 24-221 ATLANTIC BEACH CODE (6) A water system, unless an individual water supply is permitted within the tract, based upon the required standards of the State of Florida, the provisions of this article and other applicable policies, laws, ordinances and regulations; (7) Parks and recreation dedication, as specified in this article; (8) Electricity, telephone, gas and other utilities shall be constructed underground as specified in this article and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation; (9) Such other improvements as deemed necessary to comply with the requirements of this article and to protect the public health, safety and welfare because of topography or other conditions of the tract. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-222. Planned unit developments (PUDs). For development of land as a planned unit development (PUD) in accordance with the provisions of Article III, Division 6 of this chapter, the city commission shall have the right to waive or vary the design, dedication and construction requirements of a planned unit development, or from any of the provisions of this article if the proposed final development plan is in conformance with the requirements of Division 6 and further provided: (1) Such waiver does not violate the purpose and intent of any requirement of this article for the protection of the public health, safety and welfare in the subdivision of land; (2) All procedures specified in this article for the approval of a final plat for recording or the issuance of a certificate of completion, as the case may be, are strictly adhered to; and (3) All exhibits, certificates and information, required in this article for the approval of a preliminary and final plat and the issuance of a certificate of completion, are strictly adhered to under the applicable procedure. (4) No waiver shall may be granted to vary minimum right-of-way and paving width requirements. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-223-24-230. Reserved. DIVISION 4. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS Sec. 24-231. Commencement of construction. Construction of the required improvements within a subdivision may begin upon issuance of a development permit. Such construction may commence after recording the final subdivi- sion plat if performance bonds or other assurances are secured. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1504 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-232 Sec. 24-232. Performance security. (a) The final subdivision plat shall be certified by the developer and countersigned by the designated administrative official that the developer has complied with one (1) of the following alternatives: (1) Cash deposit. The developer shall deposit with the city or place in an account subject to the control of the city, cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the designated admin- istrative official but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty (30) days after the developer's engineer has certified to the city that the cost of improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and the designated administrative official has inspected the improvements and authorized the draw. The city commission shall have the right to reduce the amount of any requested draw to an amount justified based upon his inspection of the improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifications for the improvements. The developer shall be entitled to receive any interest earned on the deposit or account. The city, after sixty (60) days' written notice to the developer, shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the ordinance approving the final subdivision plat after any extensions granted. (2) Personal bond with letter of credit. The developer shall furnish to the city his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering and construction costs for the installation and completion of the required improvements, which letter of credit shall be issued by a state or United States banking institution to the city. The letter of credit shall be in the form approved by the city attorney. During the process of construction, the city commission may reduce the dollar amount of the personal bond and letter of credit on the basis of work completed. The city, after sixty-day written notice to the developer, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final subdivision plat or any extensions granted by the city commission. (3) Surety bond. The developer shall furnish to the city a surety bond in the form and by a surety approved by the city attorney guaranteeing that within the time required by the ordinance approving the final subdivision plat all work required will be completed in full accordance with the final subdivision plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement. The Supp. No. 25 1505 § 24-232 ATLANTIC BEACH CODE bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and construction costs. During the process of construction, the adminis- trative official may reduce the dollar amount of the bond on the basis of work completed. The city, after sixty (60) days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the ordinance approving the final subdivi- sion plat or any extensions by the city commission. (b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a maturity or expiration date later than the time for completion of improvements. The time for completion of improvements shall be a time specified in the ordinance approving the plat, or such later time as may be approved by the city commission; provided, that if the collateral securing the completion of improvements has a maturity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collateral for such collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the city commission. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-233. Maintenance security. Where the city is requested to accept maintenance of public improvements in the subdivi- sion, a maintenance bond in the amount of one hundred (100) percent of the construction cost of the improvements shall be filed with the city. Such bond shall provide that the city shall be indemnified if the applicant does not replace or repair any public improvements which are defective in materials or workmanship or which were not constructed in compliance with the approved plans and specifications. The terms of the maintenance bond shall expire one (1) year after acceptance for maintenance by the city unless the city serves written notice to the applicant that the improvements are defective in material or workmanship or were not constructed in compliance with the approved construction,plans within the one (1) year. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-234. Inspections. (a) As the improvements are being constructed within the subdivision, designated admin- istrative official and authorized staff or consulting engineer shall have the right to inspect the improvements. The designated administrative official or authorized representative shall be specifically notified of the commencement and completion of: (1) Clearing and grubbing; (2) All utilities prior to backfilling; (3) All concrete structures when steel is in place prior to pouring; Supp. No. 25 1506 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-251 (4) Stabilized subgrade; (5) Curb and concrete work; (6) Roadway base; (7) Wearing surface during application. (b) The failure to notify the designated administrative official or his designated represen- tative of the commencement and completion of the construction of the items may be good cause for the refusal to issue a certificate of completion. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-235. Issuance of certificate of completion. Upon completion of construction of the improvements, the applicant shall provide the designated administrative official the following: (1) A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval. (2) The testing reports and certificates of compliance from material suppliers specified in this article. (3) Three (3) sets of as -built construction plans. (4) Certification from a registered engineer, with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans. Upon receipt and review of the above items, and after satisfactory final inspection, a certificate of completion shall be issued by the designated administrative official. (Ord. No. 90-01-172, § 2, 11-26-01) Secs. 24-236-24-250. Reserved. DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS Sec. 24-251. General requirements. A Florida registered professional engineer shall be employed to design all required improvements. All plans for improvements must be prepared according to appropriate standards and be approved by the city prior to construction of improvements. The require- ments within this division shall apply to all development, as set forth herein, including improvements within subdivisions, planned unit developments and other development projects, where applicable. (1) Conformity to city policies. The subdivision of land subject to these regulations shall be in conformance with the goals, objectives and policies of the comprehensive plan and Article III of this chapter and other policies of the city commission concerning physical development. Supp. No. 25 1507 § 24-251 ATLANTIC BEACH CODE (2) Use of natural features. The arrangement of lots and blocks and the street system shall make the most advantageous use of topography and preserve mature trees, other natural features and environmentally sensitive areas wherever possible. (3) Soil and flood hazards. A subdivision plan shall not be approved unless all land intended for use as building sites can be used safely for building purposes without danger from flood or other inundation or from soil or foundation conditions or from any other menace to health, safety or public welfare. In particular, lands which are within the one hundred year floodprone areas, as shown on the floodway map of the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and developed until proper provisions are made for protective flood control measures and water management facilities necessary for flood -free access to the sites. The provisions must be approved by the designated administrative official to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse water quality. Such floodway area shall be delineated on the subdivision plan and no building will be permitted within the area unless the finished floor line of the building is set above the delineated flood area or the building is floodproofed as stipulated in Appendices M and H of the Southern Building Code, as amended. (4) General construction methods. All design and construction methods shall conform to the requirements of Chapter 6 and all design and construction standards referenced therein, including, but not limited to: Florida Department of Transportation Drainage Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways. Conotruction piano, in b2itiril. S.LS construction. plans shall inciu d^ a topographic iituys showing not less than one foot contours of the subdivision tract and the adjacent land necessary to show the area of final disposal of surface water. The construction plans shall also contain the following information: a. A street layout plan showing all necessary elevations, treatment of intersections, design grade of pavement, the width and type of pavement and details showing the final disposal of all street drainage. Sufficient topographic information shall be shown on existing outfall ditches, major drainage channels and other drainage facilities to validate drainage designs. b. Typical sections showing details of proposed pavements, sidewalks, wearing surfaces, curbs, swales, canals, shoulders, slopes, drainage structures and other items of major construction. c. Profile sheets of all streets to be constructed, together with elevations shown for connection to existing streets. d. A written design recommendation for base course designs prepared by a recog- nized soil testing laboratory. Said design recommendation shall be submitted prior to the commencement of any street or drainage construction. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1508 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-252 Sec. 24-252. Streets. (a) Concept and principles. The character, width, grade and location of all streets and bridges shall conform to the standards of this division and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land served by the streets. (b) Arrangement of streets. The arrangement of streets in a subdivision shall: (1) Conform with official plans and maps of the city; (2) Be integrated with the street system and provide for the continuation or appropriate projection of existing principal streets in the surrounding area; (3) Be such that the use of local streets by through traffic is discouraged; and (4) Provide two (2) separate and remote entrances to the subdivision, unless other provisions, such as easements, are made for emergency ingress, and provided that such entrances will not adversely affect the overall street system. (c) Access to paved public streets required. Every lot or unit within a subdivision or other development project shall have approved access to a paved street dedicated to public use which has been accepted and maintained by the city unless the lots or units are within a planned unit development, and unpaved streets have been specifically approved within the ordinance establishing the PUD. (d) Reserve strips prohibited. Reserve strips controlling access to streets shall be prohibited except where their control is placed with the city. (e) Street jogs. Street jogs with center line offsets of less than one hundred fifty (150) feet shall be avoided, except where topographical conditions make this provision impractical. (f) Intersections of right angles. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than a sixty -degree angle. (g) Property lines rounded at intersections. Property lines at street intersections shall be rounded with a radius of twenty (20) feet or a greater radius where required by the city. The city may permit comparable cutoffs or chords in place of rounded corners. (h) Minimum right-of-way and paving widths. Minimum street right-of-way and paving widths shall be as follows, unless otherwise indicated or required by law: STREET TYPE Major Collector Street Minor Collector Street Local Street: Without curb and gutter RIGHT-OF-WAY PAVING WIDTH 84 feet 60 feet 60 feet Supp. No. 25 1509 34 feet 24 feet 20 feet § 24-252 ATLANTIC BEACH CODE STREET TYPE RIGHT-OF-WAY PAVING WIDTH Local Street: With curb and 50 feet 24 feet gutter Cul-de-sacs and loop streets not exceeding 1500 feet in length: Without curb and gutter 60 feet 20 feet With curb and gutter 50 feet 20 feet Alley: Commercial 30 feet 12 feet Residential 20 feet 10 feet The developer shall be required to pave and dedicate all public streets. Additional right-of-way may be required by the city to promote public safety and convenience, or to ensure adequate access, circulation and parking in high density residential, commercial or industrial area. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards shall be required for new development. (i) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. The streets are limited to one thousand (1,000) feet in length; however, the city may approve cul-de-sacs of greater lengths, where due to topographic conditions, design consideration of number of lots to be located on the same, a greater length may be deemed necessary. Cul-de-sacs shall be provided at the closed end with a circular dedicated area with a diameter of not less than one hundred (100) feet at the property line. The city may permit a "T" design of proper size for vehicular turnaround. Temmnorary turn nronnds shall be provided at ends of streets which are planned to be extended in the later stages of the development. (j) Street names and house numbers. Street names and house numbers shall conform to the street naming and house numbering plan of the city. New street names shall not duplicate, or closely approximate phonetically, in spelling or by use of alternate suffixes such as "lane", "way", "drive", "court", "avenue" or "street", the names of existing streets, except that a new street that is an extension of or in alignment with an existing street shall bear the same name as that borne by the existing street. The building official shall, within ten (10) days of conditional approval of the preliminary plat, assign or cause assignment of address numbers for all lots. Corner lots shall be provided with two (2) possible addresses. The assignment of the address shall be determined by the facing of the building. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-253. Easements. (a) Utilities. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary, and shall be at least fifteen (15) feet wide and shall extend from street to street. Supp. No. 25 1510 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-255 (b) Drainage and watercourses. Where a development is traversed by a watercourse, canal, drainage way, non -navigable channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width, as will be adequate for the purpose of access for maintenance and to provide for the unrestricted flow of the intended volume of water. (c) Other drainage easements. Other easements may be required for drainage purposes of such size and location as may be determined by the designated administrative official. (d) Pedestrian and service easements. Where necessary for safety and convenience, pedes- trian and service easements or rights-of-way may be provided. (e) No city expense. Easements required by these land development regulations within proposed developments shall be provided at no expense to the city. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-254. Blocks. to: (a) General. The lengths, widths and shapes of blocks shall be determined with due regard (1) Provision of adequate building sites suitable to the special needs of the use contem- plated; (2) Zoning requirements as to lot sizes and dimensions; (3) Needs for convenience access, circulation, control and safety of street and pedestrian traffic and fire protection. (b) Block lengths. Block lengths shall not exceed twelve hundred (1,200) feet between intersecting streets, except that the city commission may approve blocks of greater length. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-255. Lots. (a) General. Lot size, width depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the development and for the type of development and use proposed. Lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites. In no event shall a residential lot created after the initial effective date of these land development regulations have a width of less than seventy-five (75) feet at the building restriction line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a planned unit development. (b) Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development proposed. Supp. No. 25 1511 § 24-255 ATLANTIC BEACH CODE (c) Residential corner lots. Corner lots for residential use shall have extra width, greater than a corresponding interior lot, to accommodate the required building setbacks from any orientation to both streets. (d) Street access. The development shall provide each lot with satisfactory and permanent access to a public street. (e) Double frontage lots. Creation of new residential lots having double street frontage shall be avoided. (f) Building restriction lines. The developer shall establish building restriction lines in accordance with approved final subdivision plat, and such building restriction lines shall be shown on the recorded plat. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-256. Required improvements and monuments. (a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in streets, and at intermediate points as shall be required by the administrative official. (b) Permanent reference markers. A sufficient number of permanent reference monuments shall be set in each residential subdivision, in no case less than two (2) such monuments and in no case more than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or both, properly referenced, for both construction and future city use. The permanent reference monuments shall meet all the specifications set out in Florida Statutes, Chapter 177.091, and as may be required by the designated administrative official. (c) Location and construction. The location of all permanent reference monuments shall be indicated on the final subdivision plat. All iron pipes and pins and permanent reference monuments shall be of such size, material and length as may be specified by the administra- tive official. (d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent reference monuments. (e) Time of placement. Permanent reference monuments (PRM) and permanent control points (PCP) shall be set in accordance with Florida Statutes, Chapter 177.091, except all monuments including lot corners must be placed before the developer is released from his surety. If no surety bond or personal bond secured by a letter of credit is posted, monuments including lot corners must be placed prior to acceptance for ownership and maintenance. Any and all land monuments including lot corners disturbed or destroyed in the prosecution of construction shall be accurately witnessed and replaced at the developer's expense upon the completion of construction. The administrative official may accept a certification from the developer's surveyor that the requirements of this division have been satisfied. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1512 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-258 Sec. 24-257. Clearing and grading of rights-of-way. The developer shall be required to clear all rights-of-way and to make all grades, including all grades for streets, alleys and drainage, consistent to grades of the approved construction plans. All debris shall be removed from rights-of-way. In the interest of the preservation of existing trees and other natural beauty, the city may vary from this section where aesthetic and environmental conditions will be enhanced. No rights-of-way shall be cleared prior to approval of construction plans. (Ord. No. 90-01-172, § 2, 11-26-01) Sec. 24-258. Sewer and water. New subdivisions shall be required to connect to centralized water and sanitary sewer systems. (Ord. No. 90-01-172, § 2, 11-26-01) Supp. No. 25 1513 [The next page is 1983] CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code Added 11-1-11-6 5-00-33 8-28-00 1 2-20 45-00-15 9-11-00 1 20-59 80-00-62 9-25-00 1 22-20 2 22-27 3 22-27.1(a) 4 22-166 5 22-167 95-01-77 1-22-01 1 4-30 80-01-63 2-26-01 1, 2 Added 22-4, 22-5 90-01-170 2-26-01 1 24-167 5-01-34 5-28-01 1 2-361 5-01-35 6-11-01 1 2-80, 2-81 Dltd 2-82 2 Added 2-84-2-87 01-15(Res.) 7- 9-01 1 21-51 58-01-28 10- 8-01 1 2-281(b) 2 2-310.10(b) 5-01-36 11-12-01 1 2-19 90-01-172 11-26-01 2 Added 24-1-24-258 3 Rpld 24-1-24-258 60-01-11 12-10-01 1 17-17 45-01-16 1-14-02 1 20-59 80-01-64 1-14-02 1 22-3 2 22-4 [The next page is 2043] Supp. No. 25 2001 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 1.01 13-201 23.011 60.05 Section this Code 1-2 Ch. 9(note) Ch. 14(note) 2-168, 2-169 Ch. 12(note) Ch. 98 Char., § 38 98.211 Char., § 53 100.181 Char., § 41 100.361 Char., § 56 Ch. 101 Char., § 42 Ch. 112 2-304 Ch. 112, Pt. III Char., § 66 112.061 Ch. 2, Art. VII, Div. 3(note) 112.181(2) 2-279 2-310.8 112.65 2-285 112.311 Ch. 2, Art. II (note) 112.3173 2-297 2-310.22 Ch. 119 Char., § 65 Ch. 2(note) Ch. 161 Ch. 5(note) 161.021 24-17 161.041 6-20(b)(3) 161.053 6-20(b)(3) 6-21(e), (r) Ch. 162 Ch. 2, Art. V, Div. 2(note) 7-27 20-54 162.02 2-146 162.05 2-141, 2-142 162.05(4) 2-145 162.06 2-147 162.07 2-143, 2-144 2-147 162.08 2-148 162.09 2-149 162.10 2-150 162.11 2-151 Ch. 163 Char., § 59 Supp. No. 25 2053 F.S. Section 163.3161 163.3164 163.3174 163.3178 163.3184 163.3194(1) Ch. 166 Ch. 166, Pt. II 166.031 166.041 166.101 166.201 166.231 166.241 166.0425 166.0445 Ch. 170 Ch. 175 175.101 175.121 Ch. 177 Ch. 177, Pt. I 177.27(15) 177.041 177.091 Ch. 180 Ch. 185 Section this Code 14-1(a) 21-302(15) 24-17, 24-48 Ch. 14(note) 24-17 14-22 6-27 24-5, 24-17 24-5, 24-17 Charter(note) Char., § 4 Char., § 57 Char., § 59 21-302(9) Char., § 45 Char., § 60 Char., § 79 Char., § 18 Ch. 2, Art. VII (note) Ch. 2, Art. VII (note) Ch. 20(note) Ch. 20, Art. II (note) 2-311 Ch. 17(note) 24-17 Ch. 19(note) 2-272 2-290 20-77 2-288 2-288 24-17, 24-204, 24-205 24-17 6-21(j) 24-205 24-256 Ch. 19(note) 2-290 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 2-300, 2-303, Ch. 369 Ch. 5(note) 2-304, 2-309, Ch. 372 Ch. 4(note) 2-310.1, 2-310.4, Ch. 373 Ch. 8(note) 2-310.17, 380.04 24-17 2-310.29 381.006 4-29 185.02(11) 2-301 381.031(1)(g)1 4-29 185.06 2-303 381.031(g)3 Ch. 6, Art. VI 2-310.16 (note) 185.08 20-76 381.261 Ch. 22(note) 185.16(3) 2-310.6 Ch. 386 Ch. 12(note) 185.121 2-288 403.0893 21-302(9), (10) 185.185 2-310.22 403.413 5-4 Ch. 192 Ch. 20(note) 16-7 193.116 Char., § 58 403.415 Ch. 11(note) 196.075 20-82 413.08 Ch. 3, Art. II(note) Ch. 205 Char., § 58 Ch. 469 Ch. 6, Art. IV Ch. 20, Art. III (note) (note) Ch. 479 Ch. 17(note) 205.022 20-51 20-59 205.042 20-52 Ch. 481, Pt. II 24-177(b) 205.043(2) 20-57 Ch. 489 Ch. 6(note) 205.043(3) 20-57 Ch. 496 18-4(g)(6) 205.053 20-54 20-59 205.053(1) 20-53 496.01 Ch. 18(note) 205.063 20-58 Ch. 513 Ch. 10(note) 205.196 20-59 513.01 10-1 Ch. 218 Ch. 2, Art. VII Ch. 514 Ch. 6, Art. VI (note) (note) 918 31 2-311 Ch. 538D Pt. 1 21 61 Ch. 253 24-17 538.03(1)(a) 21-60 253.12 Ch. 5(note) Ch. 552 Ch. 7(note) 286.011 Char., § 14 Ch. 553 Ch. 6(note) Ch. 2(note) 6-21(p) 309.01 Ch. 5(note) 7-32 Ch. 316 Ch. 21(note) 553.01 Ch. 6, Art. IV(note) 21-1 553.15 Ch. 6, Art. III(note) 316.008 Ch. 21(note) 553.70 Ch. 6, Art. II(note) 553.73 7-25 316.008(1)(a) Ch. 21, Art. II Chs. 561-568 3-1 (note) 561.01 Ch. 3(note) 316.195 Ch. 21, Art. II 562.14(1) 3-2 (note) 562.45(2) 3-2 21-16 3-4--3-6 316.1945 Ch. 21(note) 590.12 Ch. 7(note) 21-17 Ch. 633 Ch. 7(note) 316.2045 19-1 7-32 320.823 6-23 633.35 2-263 Ch. 327 Ch. 5(note) 633.121 Ch. 7(note) 335.075 Ch. 19(note) 633.171 7-27 Ch. 367 Ch. 22(note) Ch. 650 Ch. 2, Art. VI, Supp. No. 25 2054 STATUTORY REFERENCE TABLE F.S. Section Section this Code Div. 2(note) 2-241 650.02 2-241 650.05 Ch. 2, Art. VI, Div. 2(note) Ch. 679, Pt. V 21-63 Ch. 705 Ch. 15, Art. II(note) 21-24 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 760.23 9-17 760.24 9-18 760.25 9-22 760.29 9-23 760.37 9-24 Ch. 767 Ch. 3, Art. II(note) 4-26 767.12 4-12(1--4) 768.28 2-1(b)(1) 775.082 4-12(1-3) 775.083 4-12(1-3) 775.084 4-12(3) Ch. 790 15-22(g)(3) 790.15 13-3 Ch. 791 Ch. 7(note) 7-39 806.13 6-111 22-57 Ch. 823 Ch. 12(note) Ch. 828 4-5 828.27 4-30 876.05 Char., § 68 893.03 13-4 13-5 893.138 2-161 893.147 13-5 932.701 Ch. 15, Art. II(note) 943.13 2-262 943.14 2-262, 2-301 943.22 2-262 2-301 943.25(8)(a) 15-1 [The next page is 2081] Supp. No. 25 2055 CODE INDEX Section A ABANDONMENT Nuisances enumerated Abandoned wells, basements, refrigerators, etc. 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc 12-1(b)(7) Parking of abandoned property, vehicles, etc 21-24 et seq. See: TRAFFIC ADDRESSES, STREET. See: STREET ADDRESSES ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES MR RIFLES, AIR PISTOLS, ETC. Discharging prohibited 13-3 ALARMS Fire prevention and life safety False silent alarms 7-41 ALCOHOLIC BEVERAGES Conditions of existing establishments 3-8 Consumption on vendor's premises 3-10 Consumption, possession of open containers upon public property 3-11 Definitions 3-1 Distances, measurement of 3-7 Existing establishments, conditions of 3-8 Exposure of private parts in establishments serving alco- holic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-9 Location of establishments, restrictions on 3-6 Locations where on -premises sales prohibited 3-5 Persons not holding license to sell 3-3 Premises where sales permitted 3-4 Restrictions on location of establishments 3-6 Sales permitted Premises where sales permitted 3-4 Sales prohibited Locations where on -premises sales prohibited 3-5 Supp. No. 25 2101 ATLANTIC BEACH CODE Section ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(a)(4), (5) Dogs and cats running at large 4-24 Garbage, trash, etc. Depositing in alleys 16-7 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 AMPLIFIED SOUND Loud and raucous noises ....................................... . 11-2 AMUSEMENTS AND AMUSEMENT PLACES Amusement device code adopted 6-161 ANIMALS AND FOWL Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc 4-3 Beaches Use of vehicles and riding of animals prohibited 5-17 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 Scc: CODE E1`.1 Fis SY\JL MENT .LJVL]JLW1J Cruelty to animals 4-5 Dogs and cats Damaging property 4-26 Dangerous dogs 4-10 Appeals 4-11 Attack or bite by dangerous dog; penalties; confiscation; destruction 4-12 Legislative findings 4-8 Certification of registration 4-11 Classification as dangerous 4-11 Confinement of animal 4-11 Exemption 4-11 Notice and hearing requirements 4-11 Police or service dog, bite by a; exemption from quaran- tine 4-13 Unlawful acts 4-11 Definitions 4-21 Disturbing the peace 4-27 Impoundment for unregistered dogs and cats 4-23 Leashing dogs 4-25 Supp. No. 25 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Muzzles Dogs to be muzzled 4-25 Rabies Dogs or cats suspected of having rabies 4-29 Registration and tagging required 4-22 Impoundment of unregistered dogs or cats 4-23 Registration and tagging Impoundment of unregistered dogs or cats 4-23 Required 4-22 Running at large 4-24 Enforcement 4-1 Hogs, keeping 4-7 Impounding officer Interfering with 4-2 Impounding vehicles Breaking open fastenings, etc.; letting loose animals; etc. 4-3 Impoundment for unregistered dogs and cats 4-23 Injuries caused by animals 4-9 Interfering with officers 4-2 Noise Dogs or cats disturbing the peace 4-27 Loud and raucous noises 11-2 Nuisances. See also that subject Allowing animal carcass to remain in place 12-1(b)(1) Birds constituting nuisance 4-4 Dogs or cats running at large, etc 4-24 Keeping, feeding, etc., hogs, horses, chickens, etc., which may be injurious to health and well-being of persons 12-1(b)(5) Public sewers Depositing animal excrement 22-71 Registration Dogs and cats. See herein that subject Removal of animals from animal shelter or impounding vehicles 4-3 Running at large Dogs and cats. See herein that subject Stables, maintaining 4-7 ANNEXATION Certain ordinances saved from repeal 1-5 APPROPRIATIONS. See: FINANCES ARRESTS Arsonists Reward for information leading to arrest and conviction . 7-2 ARSONISTS Reward for information leading to conviction of 7-2 Supp. No. 25 2103 ATLANTIC BEACH CODE Section ASSESSMENTS Additional court costs assessed for police training 15-1 Insurance premium taxes, assessment of 20-76, 20-77 Special assessment liens 23-40 ATTORNEY. See: CITY ATTORNEY AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers 2-365 B BAIL BONDS Additional court costs assessed for police training Forfeited bail bonds 15-1 BARRICADES Beaches, safety zones Provisions re barricades 5-18 Building sewers and connections Barricading, restoring excavations 22-111 BASEMENTS Abandoned basements, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES BEACHES Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Animals Safety zone Use of vehicle and riding of animals prohibited 5-17 Boats Operation of motorized boats within 200 feet of beach 5-7 Parking of sailboats not to obstruct lifeguard activities 5-6 Closing during emergencies 5-1 Coastal construction code 6-18 et seq. See: PLANNING Dogs and cats running at large 4-24 Dogs upon beaches to leashed, muzzled, etc 4-25 Lifeguard activities Parking of sailboats not to obstruct 5-6 Lifeguard division Protecting safety and welfare of persons using beaches, etc 2-6 Littering 5-4 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, catamarans, and vessels 5-8 Parking of sailboats not to obstruct lifeguard activities 5-6 Supp. No. 25 2104 CODE INDEX Section BEACHES (Cont'd.) 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 BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES MPLOYEES 14-20(7) 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 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOAT TRAILERS. See: RECREATIONAL VEHICLES 2-29 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 Supp. No. 25 2105 ATLANTIC BEACH CODE Section BONDS, SURETY Signs and advertising structures Bond requirements for certain signs 17-3 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 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 Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Building permits Coastal construction 6-20 Fire prevention and life safety 7-32 Ruilriip SewPrR ?pcl Con pert kr, . 22-101 et see. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Coastal construction code See: COASTAL CONSTRUCTION CODE Community development board See: PLANNING Electrical code See: ELECTRICAL CODE Fire prevention and protection See: FIRE PREVENTION AND PROTECTION Flood hazard districts 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 Loud and raucous noises 11-2 Mechanical code 6-76, 6-77 2-146 6-18 et seq. 14-16 et seq. 6-31 et seq. 7-1 et seq. 8-1 et seq. Supp. No. 25 2106 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) 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 Street numbering districts designated 6-109 System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Signs for public buildings 17-18 Swimming pool code 6-91, 6-92 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) Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS BURIAL OF GARBAGE Solid waste provisions 16-6 BURNING, OPEN Fire prevention and life safety 7-36 BUSES Weight requirements for commercial, recreational, etc., ve- hicles 21-22 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 CATS Regulated 4-21 et seq. See: ANIMALS AND FOWL Supp. No. 25 2107 ATLANTIC BEACH CODE Section CEMETERIES Definition of "public place" to include cemeteries 1-2 CERTIFICATES Electricians, certificates of competency 6-32 Fire prevention and life safety Permits and certificates 7-38 Plumbers, certificates of competency 6-57 CESSPOOLS Constructing 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 CHILDREN. See: MINORS CHURCHES Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 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 Supp. No. 25 2108 CODE INDEX Section CITY COMMISSION (Cont'd.) Salary 2-20 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 Nonhabitable major structures 6-24 Title 6-18 COCAINE. See: DRUGS 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 Supp. No. 25 2109 ATLANTIC BEACH CODE Section CODE ENFORCEMENT BOARD (Cont'd.) 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 Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL VEHICLES Weight requirements for commercial, recreational, etc., ve- hicles COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMMUNITY DEVELOPMENT BOARD Provision: r See: PLANNING -.I.21-16 21-22 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 *Note—The adoption, amendment, repeal, omissions, effective date, explana- tion of numbering system and other matters pertaining to the use, construction 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. 25 2110 CODE INDEX Section CONSTRUCTION Buildings and building regulations. See that subject Loud and raucous noises 11-2 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS 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 CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation 1-2 COUNTY. See: DUVAL COUNTY COURTS Confiscated or lost property Provisions re county court 15-16 et seq. Police training Additional court costs assessed for 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 DEATHS OF CITY EMPLOYEES Retirement system provisions 2-283, 2-284 See also: OFFICERS AND EMPLOYEES DEFACING PROPERTY, ETC. Building numbers Removing or defacing 6-111 Public sewers Defacing, damaging, etc. 22-57 Supp. No. 25 2111 ATLANTIC BEACH CODE DEFACING PROPERTY, ETC. (Cont'd.) Streets, sidewalks and other public places Digging into, defacing, etc., streets, avenues, driveways, etc DEPARTMENTS AND OTHER AGENCIES OF CITY City commission See: CITY COMMISSION Code enforcement board See: CODE ENFORCEMENT BOARD Community development board See: PLANNING Definition Department of finance See: FINANCES Department of public utilities See: UTILITIES Department of public works See: PUBLIC WORKS AND IMPROVEMENTS Fire department See: FIRE DEPARTMENT Lifeguard division Local planning agency Nuisance control board See: NUISANCES Officers and employees. See that subject Board of trustees of city employee's retirement system o r1 of 4--'[101-nne ![`jnn :� _^enr s �tarAm�,»t ��[�+am lsnnr:......... .=.�v..0 Police department See: POLICE DEPARTMENT Tree conservation board Zoning administration See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS DEVELOPMENT Community development board See: PLANNING DISABLED PERSONS City employees retirement system Disability retirement See also: OFFICERS AND EMPLOYEES Police officers' retirement system Disability retirement Continuation subject to re-examination; return to em- ployment Section 19-2 2-16 et seq. 2-141 et seq. 14-16 et seq. 1-2 2-71 et seq. 2-84 et seq. 2-79 et seq. 2-61 et seq. 2-63 14-22 2-161 et seq. 2-264 et seq. 2_Qn2 ^t c•;q. 2-51 et seq. 23-19 24-46 et seq. 14-16 et seq. 2-279, 2-280 2-310.9 General conditions for eligibility 2-310.8 Supp. No. 25 2112 CODE INDEX Section DISASTERS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by fires, floods, etc. 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, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS DISTURBANCES OF THE PEACE Animals and fowl Dogs or cats disturbing the peace generally 4-27 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 Sewers Building sewers and connections Foundation drains, surface runoff, etc. 22-108 Discharging groundwater, subsurface drainage, etc., into sanitary sewers 22-127 DRIVEWAYS Abandoned, wrecked, junked, etc., vehicles Left unattended in front of driveways 21-25(a)(1) Supp. No. 25 2113 ATLANTIC BEACH CODE Section DRIVEWAYS (Cont'd.) Building sewers and connections Foundation drains, surface runoff, etc 22-108 Digging up driveways, streets, etc 19-2 Public sewers, use of Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging subsurface drainage, groundwater, etc., into sanitary sewers 22-127 Stopping, standing and parking vehicles in driveways 21-17(2) Water shortages Washing of driveways 22-39(e) DRUGS (Cocaine, marijuana, hashish, controlled substances, etc.) Drug paraphernalia Definitions 13-4 Sale, display, etc., of paraphernalia 13-5 DUVAL COUNTY Definition of "county" 1-2 E EARTHQUAKES Community development board Duties of board re replanning, reconstruction, etc., of areas damaged by earthquakes 14-20(12) EASEMENTS Wastewater system, powers and authority of inspectors Provisions re easements 22-154 Waterworks system Granting necessary easements by consumer 22-18 ELECTRICAL CODE Certificates of competency 6-32 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Electrical inspections Fees 6-37 Inspections by electrical inspector 6-36 Interference with electrical inspector 6-40 Permit prerequisite to inspection 6-38 Right of entry of electrical inspector 6-39 Electrical permits Fees 6-37 Permit prerequisite to inspection 6-38 Required, to whom issued 6-35 Employing only certified electricians by master electricians; exception 6-34 Improper use of name of licensed master electricians 6-33 Supp. No. 25 2114 CODE INDEX Section ELECTRICAL CODE (Cont'd.) Inspections. See herein: Electrical Inspections Mobile home parks and recreation vehicle parks Electric wiring to comply with electrical code 10-2(4) Permits. See herein: Electrical Permits Signs and advertising structures 17-13 et seq. See: SIGNS AND ADVERTISING STRUCTURES Standards for materials, installations, etc 6-31 ELECTRICITY Public service tax on electricity 20-16 et seq. See: TAXATION Signs and advertising structures 17-13 et seq. See: SIGNS AND ADVERTISING STRUCTURES EMERGENCIES Beaches, closing during emergencies Noise provisions; exceptions Stopping, standing or parking of vehicles for emergency repairs Waterworks system Right of city to restrict use of water in cases of emergency Water shortages EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND EN- CLOSURES 5-1 11-5 21-21(2) 22-36 22-39 ESTATES Definition of "person" to include estate 1-2 EXCAVATIONS Abandoned wells, excavations, etc. Nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(1) Building sewers and connections Barricading, restoring excavations 22-111 Excavations, conformance with building and plumbing codes 22-106 Stopping, standing or parking vehicle alongside or opposite any street excavation 21-17(7) Streets, digging up prohibited 19-2 EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 Supp. No. 25 2115 ATLANTIC BEACH CODE Section F FAIR HOUSING (Discrimination because of race, color, sex, religion, national origin, etc.) Complaints 9-20 Definitions 9-16 Educational activities 9-19 Enforcement by civil action 9-24 Exemptions 9-23 Financing of houses, discrimination in 9-22 Interference, coercion or intimidation 9-24 Multiple listing services 9-18 Prohibited conduct 9-17 Remedies Use of remedies of provisions, other remedies 9-21 Violations 9-25 Complaints 9-20 Enforcement by civil action 9-24 Use of remedies 9-21 FAIRS Water service, temporary 22-19 FALSE ALARMS Fire prevention and life safety False silent alarms 7-41 FENCES, WALLS, HEDGES AND ENCLOSURES Animal shelter Breaking open fences, gates or enclosures of animal shel- ter 4-3 Nuisances enumerated Structurally unsound fences 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Signs and advertising structures Signs, posters, etc., prohibited on gates, fences, walls, etc. 17-8 Swimming pools Enclosure to comply with building code and zoning regu- lations 6-92 FIDUCIARIES Definition of "person" to include fiduciaries FILLING STATIONS Removal of lot clearing, contractors' debris; oil and grease FILTH Nuisances enumerated Abatement of nuisances, etc. See: NUISANCES FINANCES Allotments constitute basis of expenditures and are subject to revision Supp. No. 25 2116 2-312 CODE INDEX Section FINANCES (Cont'd.) Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Charitable contributions prohibited 2-2 Contracts and agreements. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other re- sponsibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Director of finance. See herein: Department of Finance Dishonored checks 2-317 Encumbrances 2-315 Fees paid to city government 2-316 Fiscal year 2-311 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Service and user charges Authorization 2-367 Fees and charges 2-368 Taxation 20-16 et seq. See: TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FMR HOUSING FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Supp. No. 25 2117 9-22 ATLANTIC BEACH CODE Section FINGERPRINTING Charitable solicitation permit regulations re 18-2 FIRE DEPARTMENT Chief of fire department Appointment 2-61 Compensation 2-61 Duties and authority 2-62 Fire prevention code Appeals from actions of chief 7-19 Enforcement of code by chief 7-17 Modifications of code by chief 7-18 Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE ESCAPES Signs obstructing 17-6 FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(a)(1) Fire prevention and life safety Fire hydrants and fire department connections 7-35 Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(e)(4) FIRE PREVENTION AND PROTECTION A,rcnni gtc Reward for information leading to conviction of 7-2 Fire prevention and life safety Alarms False silent alarms 7-41 Appeals 7-25 Automatic fire sprinkler requirements 7-31 Building permits 7-32 Burning, open 7-36 Codes Adopted 7-18 Modifications 7-42 Compliance 7-23 Dangerous conditions Notice to eliminate 7-21 Compliance 7-23 Summary abatement 7-26 Definitions 7-17 Fees 7-30 False silent alarms 7-41 Fire hydrants and fire department connections 7-35 Supp. No. 25 2118 CODE INDEX Section FIRE PREVENTION AND PROTECTION (Cont'd.) Fireworks 7-39 Hazardous materials identification and information 7-34 Inspection 7-19 Authority to require exposures or stop work 7-24 Appeals 7-25 Fees 7-30 Right of entry 7-20 Investigating fires, authority 7-28 Key vault security requirement 7-29 Modifications 7-42 Occupant load/overcrowding 7-40 Open burning 7-36 Permits and certificates 7-38 Building permits 7-32 Fees 7-30 Purpose and intent 7-16 Right of entry 7-20 Service of orders 7-22 Appeals 7-25 Compliance 7-23 Smoke detection power source 7-33 Stop work, authority to require 7-24 Appeals 7-25 Street address identification 7-37 Testing, fees 7-30 Violations Penalties and other remedies for violations 7-27 Service of orders to correct violations 7-22 Summary abatement 7-26 Reward for information leading to conviction of arsonists7-2 Title 7-1 Water service charges Private fire protection service 22-30 FIREARMS AND WEAPONS Discharging firearms, air guns, etc 13-3 Disposal of confiscated or lot firearms 15-22 Hunting, shooting, etc., birds or wild fowl 4-4 Replica firearms Definitions 13-8 Possession and use regulated 13-9 FIRES Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc., because of fire 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES Supp. No. 25 2119 ATLANTIC BEACH CODE Section FIRES (Cont'd.) Signs and advertising structures Signs creating fire hazards 17-4 Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-24 FIREWORKS Fire prevention and life safety Provisions re fireworks 7-39 Noise provisions; exceptions 11-5 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLEA MARKETS Defined; prohibited 13-11 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Objectives 8-4 Planning and development director Designated 8-21 Duties and responsibilities 8-22 Purpose 8-3 Statutory authorization 8-1 Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability 8-11 Supp. No. 25 2120 CODE INDEX Section FLOODLIGHTS Signs and advertising structures Use of spotlights and floodlights 17-10 FLOODS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc 3-2 et seq. Loitering in restaurants, luncheonettes, etc 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances saved from repeal 1-5 Garbage and trash provisions Existing contracts with other than city franchisee 16-9 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGE SALES Flea markets by definition re; prohibited 13-11 GARAGES Removal of lot clearing, contractors' debris; oil and grease16-12 GARBAGE AND REFUSE Beaches, littering 5-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(b)(7) Abandoned debris, etc. 12-1(b)(6) Depositing garbage, etc 12-1(b)(2) Depositing rubbish 12-1(b)(3) Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials. See also herein: Solid Waste Provi- sions Alternate disposal of items re 16-4 Removal prohibited 13-10 Supp. No. 25 2121 ATLANTIC BEACH CODE Section GARBAGE AND REFUSE (Cont'd.) Solid waste provisions Alternate disposal of recyclable items 16-4 Annual review of fees 16-10 Burial of solid waste 16-6 Collection 16-2 Compost piles 16-7 Containers 16-3 Definitions 16-1 Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Enforcement 16-15 Existing contracts with other than city franchisee 16-9 Fees for collection 16-8 Inspection of premises, duty of city 16-13 Leaves and grass clippings; tree trunks 16-5 Noncompliance 16-11 Prima facie evidence of production of garbage 16-13 Recyclable materials. See also herein that subject Removal of lot clearing, contractors' debris; oil and grease 16-12 Violations and penalties 16-15 White goods; procedure and fees for removal 16-14 GARDEN TRASH Provisions re disposition of 16-5 GARDENS Waterworks system Water shortages; irrigation of flowers, foliage, etc. 22-39 GAS Gas code adopted 6-141 Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass, building material, etc. 12-1(b)(7) Public sewers, use of Prohibited discharges of metal, glass, etc. 22-129(4) Supp. No. 25 2122 CODE INDEX Section GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings 22-129(4) Solid waste disposal 16-5 GREASE. See: OILS, GREASE GUNS. See: FIREARMS AND WEAPONS H HASHISH. See: DRUGS HEALTH AND SANITATION Animal and fowl provisions Interfering with health officer 4-2 Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of community, etc 12-1 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water -source heat pumps Discharging water from heat pumps, nuisance provisions Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers Waterworks system Water shortages Watering lawns by heat pumps HEIGHT LIMITS Signs and advertising structures Minimum height above sidewalks Weeds, height of growth HOGS Keeping hogs 22-108 12-1(b) 22-127 22-39(b) 17-9 23-36 4-7 HOLIDAY SCHEDULE Ordained and established 2-226 HOMESTEAD EXEMPTION Taxation provisions 20-81 et seq. See: TAXATION HORNS Loud and raucous noises 11-2 Supp. No. 25 2123 ATLANTIC BEACH CODE Section HORSES Maintaining stables 4-7 HOTELS Dogs in hotels to be muzzled, leashed, etc 4-25 HOUSING Fair housing 9-16 et seq. See: FMR HOUSING Housing code Adoption 6-120 Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES HUMAN RELATIONS Fair housing 9-16 et seq. See: FAIR HOUSING HUNTING Hunting birds, wild fowl, etc. 4-4 HYDRANTS. See also: FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Left unattended within fifteen feet of fire hydrants 21-25(a)(1) Signs and advertising structures Signs obstructing fire escapes 17-6 Signs, posters, etc., prohibited on hydrants 17-8 Stopping, standing or parking vehicle within fifteen feet of fire hydrant 21-17(4) IMPOUNDMENT Abandoned, wrecked, junked, etc., vehicles Removing and impounding 21-25 Towage and storage charges 21-26 animal provisions 4-2 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Community development board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Subdivision regulations Required improvements 24-221 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS INDECENCY AND OBSCENITY Alcoholic beverage establishments Exposure of private parts in 13-17 Obscene matter prohibited 13-6 Supp. No. 25 2124 CODE INDEX INSECTS, INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes Abatement of nuisances, etc. See: NUISANCES Section 12-1(b)(4) INSURANCE 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) 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 LAND DEVELOPMENT. See: ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS LANDSCAPING Zoning provisions re 24-176 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS 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. 25 2125 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. Mechanical permits 6-77 Motor vehicle title loan lending license 21-64, 21-66 See: TITLE LOANS 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 Residential parking sticker program; permits re 21-27 Sign permits 17-31 et seq. See: SIGNS AND ADVERTISING STRUCTURES Subdivision regulations 24-186 SPP' ZONING,CTTRTITVTSTOIN AND I,AN.?D DETiE,LOP,_ MENT REGULATIONS Tree protection re 23-17 Zoning provisions 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS LIENS Code enforcement board, provisions re liens 2-149, 2-150 Weeds, cost for removal Special assessment liens 23-40 LIFE GUARD DIVISION Division of fire department LIFEGUARDS Beaches. See also that subject Parking of sailboats not to obstruct lifeguard activities LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises Supp. No. 25 2126 2-63 5-6 3-9 CODE INDEX Section LIGHTS, LIGHTING (Cont'd.) Mobile home parks and recreation vehicle parks Illuminating at night 10-2(2) Signs and advertising structures Flashing, revolving or blinker -type outdoor lights 17-10 LITTERING Beaches LOCAL LAND DEVELOPMENT REGULATION COMMIS- SION Community development board designated as See: PLANNING LOCAL PLANNING AGENCY Community development board designated as See also: PLANNING LOITERING Provisions re LOST PROPERTY Disposition of by police See: POLICE DEPARTMENT 5-4 14-22 14-22 13-2 15-16 LOTS Depositing garbage, trash, etc., on vacant lots 16-7 Garbage and trash provisions Removal of lot clearing, contractors' debris; oil and grease 16-12 Vacant lots Dogs and cats running at large 4-24 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS LOUDSPEAKERS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings M 3-10 MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Supp. No. 25 2127 ATLANTIC BEACH CODE MARIJUANA. See: DRUGS MAYOR -COMMISSIONER. See: CITY COMMISSION MECHANICAL CODE Adoption Section 6-76 Inspection fee 6-77 METERS Water meters 22-19 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINORS Definition of "person" to include children 1-2 Minors on streets and public places Curfew 13-153 Definitions 13-152 Owners of public places, responsibilities 13-154 Parents' responsibility 13-155 Procedures 13-157 Short title 13-151 Special functions 13-156 Violations; penalties 13-158 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Coastal construction re 6-18 et seq. See: COASTAL CONSTRUCTION CODE Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 10-1 Minimum requirements for parks 10-2 Water shortages Washing of trailers, boats, etc. 22-39(e) Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning regulations Residential mobile home districts (RMH) 24-108 MONTH Defined Supp. No. 25 2128 1-2 CODE INDEX Section MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES MOTOR VEHICLES AND OTHER VEHICLES Beaches Barricades preventing entry of vehicles and other traffic . 5-18 Operation of motorized apparatus within 200 feet of beach 5-7 Safety zones, use of vehicles prohibited 5-17 Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Loud and raucous noises 11-2 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Nuisances enumerated 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) MOTORIZED APPARATUS Beaches Operation of motorized apparatus within 200 feet of beach 5-7 MULES Maintaining stable 4-7 MUZZLES Dogs N 4-25 NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. See: FMR HOUSING NESTS OF BIRDS OR WILD FOWL Molesting, etc. 4-4 NEWSPAPERS Obscene matter prohibited 13-6 NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night.. Supp. No. 25 2129 10-2(2) ATLANTIC BEACH CODE Section NOISE Animal or bird noises Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Exceptions 11-5 General prohibitions 11-1 Loud and raucous noises 11-2 Loudspeakers, alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings 3-10 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Others held responsible 11-4 Penalties 11-6 Usual and customary noise 11-3 NONCONFORMING STRUCTURES Signs and advertising structures 17-17 NUISANCES Abandoned, wrecked, junked, or inoperative property, etc. Declared nuisance 21-24(b) Abatement of conditions 12-2 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 19,-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 NUMBER Defined 1-2 Supp. No. 25 2130 CODE INDEX Section NUMBERING OF BUILDINGS Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS NUMBERING OF MOBILE HOME SPACES, ETC. Requirements for mobile home parks and recreational vehi- cle parks 0 OATH Code enforcement board's power to take testimony under oath Defined OBSCENITY. See: INDECENCY AND OBSCENITY 10-2(7) 2-148 1-2 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 in 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) OCEAN BEACH Safety zone of Ocean Beach 5-16 et seq. See: BEACHES OCCUPATIONAL LICENSE TAX Provisions re 20-51 et seq. 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) Supp. No. 25 2131 ATLANTIC BEACH CODE Section 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 Benefits of employees 2-241 et seq. See also herein specific subjects Birthday, employees 2-226 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 LteiLL Y(til 6-3Ci eL 8E'q. 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 Supp. No. 25 2132 CODE INDEX OFFICERS AND EMPLOYEES (Cont'd.) Planning and development director Designated to implement flood hazard area provisions See: FLOOD HAZARD AREAS Retirement system Assignments prohibited Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Compensation Composition Meetings, quorum, voting Responsibilities and duties generally Term of office; oath of office Vacancy, filling Voting Chairperson, secretary, treasurer, etc City contribution Created, purpose Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to em- ployment General conditions for eligibility Errors Expenses of administering system Fraud, protection against Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Officers and employed services Optional forms of pension payment Police officers' retirement system Alternate death while in city employment; pension to spouse and/or children Assignments prohibited Benefit enhancements Supp. No. 25 2133 Section 8-21 et seq. 2-295 2-263 2-299 2-265 2-269 2-266 2-269 2-264 2-267 2-268 2-269 2-270 2-288 2-261 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-296 2-292 2-297 2-290 2-281 2-298 2-271 2-294 2-275 2-270 2-282 2-310.13 2-310.20 2-310.29 ATLANTIC BEACH CODE Section OFFICERS AND EMPLOYEES (Cont'd.) Benefit groups 2-302 Benefit limitations and required distributions 2-310.28 Board of trustees Actuarial data; report to city commission 2-304 Responsibilities and duties generally 2-303 Composition 2-305 Meetings; quorum; voting; compensation 2-308 Term of office; oath of office 2-306 Vacancy; filling of vacancy 2-307 Calculation of pension benefit 2-310.10 City contribution 2-310.16 Claim review procedure 2-310.25 Created, purpose 2-300 Credited service 2-310.1 Death while in city employment; elective survivor pen- sion 2-310.12 Deferred retirement upon separation from employment (vesting) 2-310.7 Definitions 2-301 Denial of benefits 2-310.24 Disability retirement Continuation subject to re-examination; return to employment 2-310.9 General conditions for eligibility 2-310.8 Errors 2-310.21 Exhaustion of claims review procedure 2-310.26 Expenses 2-310.18 Investment of retirement system assets 2-310.17 Loss of credited service 2-310.2 Maximum amount of pension 2-310.14 Member contributions 2-310.27 Membership 2-310 Method of making payments 2-310.19 Military service credit 2-310.4 Normal retirement date and payment date 2-310.6 Officers and employed services 2-309 Optional forms of pension payment 2-310.11 Protection against fraud; forfeiture 2-310.22 Reinstatement of credited service 2-310.3 Response to claims and inquiries 2-310.23 Subrogation rights 2-310.15 Voluntary retirement conditions; employment after re- tirement 2-310.5 Subrogation rights 2-286 Voluntary retirement conditions 2-276 Social security Old -age and survivors insurance. See herein that subject Supp. No. 25 2134 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-19 Tapping of mains, etc., restricted to city employees 22-15 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning, subdivision and land development regulations See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS 24-1 et seq. OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors 22-132 Limitations on discharge concentrations or quantities 22-130 Prohibited discharges 22-129 Removal of lot clearing, contractors' debris; oil and grease16-12 OPEN BURNING Fire prevention and life safety 7-36 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OUTDOOR LIGHTS Signs and advertising structures Use of flashing, revolving or blinker -type outdoor lights 17-10 OWNER Defined 1-2 P PARADES AND PROCESSIONS Noise provisions; exceptions Permits required for 11-5 21-2 PARKING Residential parking sticker program 21-27 Sailboats, parking of not to obstruct lifeguard activities at beaches 5-6 Stopping, standing and parking of vehicles 21-16 et seq. See: TRAFFIC Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS PARKING LOTS Loitering in public places, etc. 13-2 Supp. No. 25 2135 ATLANTIC BEACH CODE Section PARKING LOTS (Cont'd.) Water shortages Washing of parking lots 22-39(e) PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Beaches. See also that subject Definition of "public place" to include parks 1-2 Dogs and cats running at large 4-24 Garbage, trash, bottles, etc. Depositing in parks 16-7 Loitering in parks 13-2 Obstructing passage through parks, etc. 13-2 Public parks Use prohibited after dark 5-31 Signs for parks 17-18 PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIANS Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined 1-2 PICNICS Beaches, picnicking on 5-3 PICTURES Obscene matters prohibited 13-6 PLANNED UNIT DEVELOPMENT Zoning provisions re 24-126 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS PLANNING Community development board Appeals 14-24 Certification of board actions to the city manager 14-21 Composition 14-17 Cost 14-26 Created 14-16 Duties 14-20 Supp. No. 25 2136 CODE INDEX Section PLANNING (Cont'd.) Enforcement; penalties 14-27 Legal proceedings 14-28 Local planning agency 14-22 Officers 14-17 Petition of illegality 14-25 Powers 14-20 Proceedings of the board 14-23 Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Comprehensive plan 14-1 Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. 2-148 PLUMBING CODE Adoption 6-56 Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fee 6-59 To whom issued 6-60 Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLES AND WIRES Signs and advertising structures Signs, posters, etc., prohibited on utility poles, telephone poles, etc. POLICE DEPARTMENT Additional court costs assessed for police training Supp. No. 25 2137 17-8 15-1 ATLANTIC BEACH CODE POLICE DEPARTMENT (Cont'd.) Animal and fowl provisions Interfering with police officer 4-2 Police or service dog, bite by a; exemption from quarantine 4-13 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 Retirement system 2-300 et seq. See: OFFICERS AND EMPLOYEES 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 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 Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Section Supp. No. 25 2138 CODE INDEX Section 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 Fire prevention and life safety 7-16 et seq. See: FIRE PREVENTION AND PROTECTION Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC UTILITIES Department of 2-84 et seq. See: UTILITIES PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Department of public works Created 2-79 Director of public works/city engineer Appointment, compensation 2-80 Duties generally 2-81 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 RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING Supp. No. 25 2139 ATLANTIC BEACH CODE Section RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) RADIOS Loud and raucous noises 11-2 REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re 18-2 Dogs and cats 4-22 RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Waterworks system initial payment of minimum water rental 22-16 REPEAL OF ORDINANCES. See: CODE OF ORDINANCES REPLICA FIREARMS Definitions 13-8 Possession and use regulated 13-9 RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS RETIREMENT Retirement system for city employees 2-261 et seq. See: OFFICERS AND EMPLOYEES REWARDS Arsonists Reward for information leading to conviction of 7-2 RIGHTS-OF-WAY Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon any street or right-of-way 21-25(a) Building sewer installations, excavations within public right- of-way 22-111 Supp. No. 25 2140 CODE INDEX Section RIGHTS-OF-WAY (Cont'd.) Signs on state highway rights-of-way; permitting of 17-35 ROOF DOWNSPOUTS Building sewers and connections Connection of downspouts 22-108 ROOF RUNOFF OF STORMWATER, ETC. Discharging into sanitary sewers 22-127 RUBBISH. See also: GARBAGE AND REFUSE Nuisances enumerated 12-1 Abatement of nuisances, etc. See: NUISANCES S SAFETY. See: PUBLIC SAFETY SAFETY ZONES AT BEACH Provisions re 5-16 et seq. See: BEACHES SAILBOATS Beaches Parking of sailboats not to obstruct lifeguard activities 5-6 SALES Alcoholic beverage sales 3-2 et seq. See: ALCOHOLIC BEVERAGES Confiscated or lost property, disposition of Sale of property 15-16 et seq. See: POLICE DEPARTMENT Drug paraphernalia, sale of 13-5 Fair housing, discrimination in sales 9-17 et seq. See: FAIR HOUSING Standing or parking vehicle for purpose of displaying it for sale 21-21 SCHOOLS Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 SCHOOL YARDS Definition of "public place" to include school yards 1-2 SECONDHAND PLUMBING FIXTURES Plumbing permits Determination of ownership of secondhand fixtures prior to issuance 6-58 SEPTIC TANKS Constructing 22-73 SETBACKS Mobile home parks and recreational vehicle parks Setback requirements 10-2(3) Supp. No. 25 2141 ATLANTIC BEACH CODE SETBACKS (Cont'd.) Signs and advertising structures Setback requirements Section 17-12 SEVERABILITY OF PARTS OF CODE Provisions re 1-8 SEWERS AND SEWAGE DISPOSAL Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM SEXUAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING SHAFTS, ABANDONED Nuisances enumerated 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES SHALL; MAY Definition 1-2 SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS AND ADVERTISING STRUCTURES Blinker, beacons, flags and spotlights 17-10 Bond or public liability insurance required for certain signs 17-3 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Concealing rear of sign structure 17-16 Electricity Installation of electrical wiring, etc., by licensed electri- cians; compliance with electric code, electrical permits 17-13 Proximity to electrical conductors 17-15 Static electricity 17-14 Exemptions Certain signs exempted from certain provisions of this chapter 17-1.1 Fire and traffic hazards; interference with use of streets and sidewalks 17-4 Height above sidewalks, minimum; maximum projection 17-9 Intent 17-1 Maintenance generally; removal of damaged signs 17-7 "No Solicitation" sign, posting of 18-5 Nonconforming signs 17-17 Obstructing doors, windows and fire escapes 17-6 Obstructing vision or view; confusion with, use of words on traffic -control signs 17-5 Parks and public buildings 17-18 Supp. No. 25 2142 CODE INDEX Section SIGNS AND ADVERTISING STRUCTURES (Cont'd.) Permits Application 17-32 Computation of sign area 17-33 Fees 17-34 Permitting of signs on state highway rights-of-way 17-35 Required 17-31 Permitted, signs 17-2 Prohibited signs, posters, etc., on sidewalks, utility poles, walls, trees, etc.; exception 17-8 Residential parking permit signs, posting of 21-27(d) Securing signs 17-11 Setback requirements 17-12 SLEEPING Loitering, sleeping, etc., in streets, parks, etc 13-2 SMOKE DETECTORS Fire prevention and life safety Smoke detection power source 7-33 SOCIAL SECURITY Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of 18-6 Definitions 18-1 Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18-4 Violations and penalties 18-9 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD SPOTLIGHTS Signs and advertising structures Use of spotlights, floodlights SPRINKLER SYSTEMS Fire prevention and life safety Automatic fire sprinkler requirements STABLES Maintaining Supp. No. 25 2143 17-10 7-31 4-7 ATLANTIC BEACH CODE Section STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE HIGHWAY RIGHTS-OF-WAY Permitting of signs on 17-35 STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STATIC ELECTRICITY Signs and advertising structures, provisions re static elec- tricity 17-14 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC STORAGE Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Garbage and refuse 16-2(b) Towing and storage, charges for 21-51 SPP also: WRECKER. S1 R.VT(;F STORM DRAINAGE. See: DRAINAGE STORMWATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Supp. No. 25 2144 CODE INDEX STORMWATER MANAGEMENT (Cont'd.) Enforcement Fee schedule Findings of fact Short title Utility fee category Violations and penalties Short title Utility established STREAMS. See: WATERCOURSES, WATERWAYS STREET ADDRESSES Fire prevention and life safety Street address identification Numbering of buildings, mobile homes, etc. Mobile home parks and recreational vehicle parks Requirements for Provisions re See: BUILDINGS AND BUILDING REGULATIONS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks Alcoholic beverages Consumption, possession of open containers upon public property Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc Closing of streets for various events Community development board See: PLANNING Definitions Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc. Dogs or cats running at large on public streets Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions Digging up streets prohibited; exception as to public util- ities; etc. Stopping, standing or parking vehicles alongside or oppo- site any street excavation Garbage, trash, etc. Depositing on streets, etc. Loitering, obstructions, etc., in public places Minors on streets and in public places See: MINORS Supp. No. 25 2145 Section 22-336 22-335 22-332 22-331 22-334 22-336 22-301 22-305 7-37 10-2(7) 6-106 et seq. 21-25 3-12 22-111 19-3 14-16 et seq. 1-2 4-25 4-24 21-25(a)(2) 19-2 21-17(7) 16-7 13-2 13-151 et seq. ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Signs and advertising structures Interference with use of streets and sidewalks 17-4 Maximum height above sidewalks 17-9 Obstructing vision or view at street intersection 17-5 Signs, posters, etc., prohibited on streets and sidewalks 17-8 Special events 19-4 Ciusiiig of sLIeets for vaYi0us eves Ls 19-3 Stopping, standing or parking vehicle alongside or opposite street excavation 21-17(6) Stopping, standing or parking vehicle on sidewalks 21-17(1) Subdivision regulations 24-186 See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 SUBDIVISIONS. See: ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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 Supp. No. 25 2146 CODE INDEX Section 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) Code enforcement board's power to subpoena surveys, plats, etc. 2-148 SWIMMING Beach regulations 5-1 et seq. See: BEACHES 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) SYNDICATES Definition of "person" to include syndicates 1-2 T TAXATION Additional homestead exemption Annual adjustment to household income 20-83 Annual filing of household income statement 20-84 Authorized 20-82 Definitions 20-81 Exercise of municipal powers 20-80 Certain ordinances saved from repeal 1-5 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Homestead exemption. See herein: Additional Homestead Exemption 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 Supp. No. 25 2147 ATLANTIC BEACH CODE Section TAXATION (Cont'd.) 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 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 ,n A 'Trr/ A 11f1 1C'SLiLtIE'l Ul.) Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TELEPHONE OR TELEGRAPH POLES Signs, posters, etc., prohibited on 17-8 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts 22-39(e) TENSE Defined 1-2 THEATERS Dogs in theaters to be muzzled, leashed, etc. 4-25 Supp. No. 25 2148 CODE INDEX TIME, COMPUTATION OF Defined Section 1-2 TITLE LOANS Definitions 21-60 Maximum interest rate 21-62 Motor vehicle title loan transactions 21-61 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transition period for regulations, restrictions and licensure provisions 21-66 Violations and penalties 21-65 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 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, standing or parking vehicles on or within cross- 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 Supp. No. 25 2149 ATLANTIC BEACH CODE Section TRAFFIC (Cont'd.) Stopping, standing or parking within twenty feet of cross- walks at intersections 21-17(6) 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 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. 25 2150 CODE INDEX Section 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 where official signs prohibit stopping or parking 21-17(7) Washing, greasing or repairing vehicles Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Standing or parking vehicle for purpose of 21-21 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. 25 2151 ATLANTIC BEACH CODE 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 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 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TRUCKS Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Generally Accounts receivable write-offs 22-5 Authority to adjust or waive charges in appropriate cases 22-4 Combined sewer and water systems 22-1 Return investment policy for Buccaneer plant 22-2 Voluntary collection program to assist needy with utility bills 22-3 Public service tax 20-16 et seq. See: TAXATION Public utilities, department of Created 2-84 Other duties 2-87 Utility director Appointment, compensation 2-85 Supp. No. 25 2152 CODE INDEX Section UTILITIES (Cont'd.) Duties 2-86 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 Voluntary collection program to assist needy with utility bills 22-3 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-14 et seq. See: WATERWORKS SYSTEM 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 large 4-24 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 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 VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI- CLES VERMIN Nuisances Permitting buildings to become vermin infested 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES W WALLS. See: FENCES, WALLS, HEDGES AND ENCLO- SURES Supp. No. 25 2153 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading, restoring excavations 22-111 Building and plumbing codes, conformance with 22-106 Connections 22-109 Connection of roof downspouts, foundation drains, sur- face runoff, etc. 22-108 Conformance; making gastight and watertight; devia- tions 22-109 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees 22-169 Sewer user rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Supp. No. 25 2154 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers . 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Establishment of a monthly base charge 22-166 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Payment of connection fees and impact fees 22-171 Revenue generation system Capital improvement account Accrued funds, use of 22-178 Annual deposit 22-180 Disposition of revenues for 22-177 Certification 22-179 Established 22-176 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Supp. No. 25 2155 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Cont'd.) Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Garden trash deposited in canals, waterways, lakes, etc. 16-7 Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions 12-1(b) Abatement of nuisances, etc. See: NUISANCES WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 Supp. No. 25 2156 CODE INDEX Section WATERWORKS SYSTEM (Cont'd.) Leaks on consumer's side of meter Allowance or adjustment for 22-31 Liability of consumer for charges 22-23 Property owner responsible to city for water charges 22-26 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-21 Vacant houses No allowance to be made for unless water shut off 22-23 Water impact fees 22-28 Water service, charges for 22-27 Connections Approval of plumbing prior to connection with water system 22-35 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system ,22-35 Connection charges; initial payment of minimum water rental 22-16 Connection of private water systems to city systems pro- hibited 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-15 Conservation of water during water shortages 22-39 Cross connection control Cross connections; backflow devices 22-43 Definitions 22-42 Deposits Temporary service 22-17 Utility deposits 22-27.1 Determination of type of service for each consumer 22-25 Easements Granting necessary easements by consumer 22-18 Extensions of water mains 22-38 Fire protection Private fire protection charge 22-30 Interruptions in service Liability of city 22-36 Irrigation of lawns, flowers, etc. Water shortages 22-39 Lawn watering, etc. Water shortages 22-39 Meters Access for purpose of reading meters 22-21 Basis for billing if meter fails to register 22-24 Leaks on consumer's side of meter 22-31 Re -read of meters, fee established for 22-22 Supp. No. 25 2157 ATLANTIC BEACH CODE Section WATERWORKS SYSTEM (Cont'd.) Service to more than one property through same meter 22-34 Testing of meter; liability for cost of testing 22-21 Adjustment of bills 22-21 Mobile home parks and recreational vehicle parks Requirements for city water 10-2(6) Private water systems Connection of to city system prohibited 22-32 Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water shortages 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 WEEDS AND BRUSH Accumulation of weeds Action upon noncompliance ............. . ..... 23-38 Height of growth 23-36 Notice to cut, destroy, etc 23-37 Payment of charges, special assessment liens 23-40 Removal by city 23-39 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances enumerated. See also: NUISANCES Allowing weeds to grow, etc 12-1(b)(3) WEIGHT REQUIREMENTS Commercial, recreational, etc., vehicles 21-22 WELLS Abandoned wells, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Waterworks system Interfering with or molesting wells, etc. 22-33 WILD FOWL Hunting, shooting, etc 4-4 WINDOWS. See: DOORS AND WINDOWS Supp. No. 25 2158 CODE INDEX Section WITNESSES Code enforcement board's power to subpoena witnesses 2-148 WRECKER SERVICE Charges for towing and storage 21-51 Establishment of rotating wrecker call list 21-50 Liability insurance 21-53 Repairing vehicles without authorization 21-54 Wreckers to be equipped at all times 21-52 WRITING Defined Y 1-2 YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Supp. No. 25 2159 CODE INDEX Section Z ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS Adoption and authority 24-1 Amendments 24-4 Jurisdiction 24-3 Language and definitions Construction of language 24-16 Definitions 24-17 Legal status and consistency with the comprehensive plan 24-5 Purpose and intent 24-2 Subdivision regulations Application procedure Construction plans and development permits Certification of permanent reference marker location 24-206(e) City commission action 24-206(d) Intent 24-206(a) Issuance of a development permit 24-206(f) Required submittals 24-206(b) Sewer and water commitment 24-206(c) Term of development permit and revocation 24-206(g) Unlawful to construct without a development permit 24-206(h) General requirements 24-201 Plat review procedure 24-202 Stage 1 review: Concept plan and information required for review Fees 24-203(c) Required submittals 24-203(a) Review process 24-203(b) Time limit 24-203(d) Stage 2 review: Preliminary plat and information re- quired for review Construction plan review 24-204(e) Fees 24-204(c) Required submittals 24-204(a) Review process 24-204(b) Time limit 24-204(d) Stage 3: Final plat review and information required for review Fees 24-205(c) Required submittals 24-205(a) Review process 24-205(b) Assurance for completion and maintenance of improve- ments Commencement of construction 24-231 Inspections 24-234 Issuance of certificate of completion 24-235 Maintenance security 24-233 Performance security 24-232 Supp. No. 25 2161 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Design and construction standards Blocks Block lengths 24-254(b) General 24-254(a) Clearing and grading of rights-of-way 24-257 Easements Drainage and watercourses 24-253(b) No city expense 24-253(e) Other drainage easements 24-253(c) Pedestrian and service establishments 24-253(d) Utilities 24-253(a) General requirements 24-251 Lots Building restriction lines 24-255(f) Dimensions 24-255(b) Double frontage lots 24-255(e) General 24-255(a) Residential corner lots 24-255(c) Street access 24-255(d) Required improvements and monuments Iron pipes 24-256(a) Location and construction 24-256(c) Lot corners 24-256(d) Permanent reference markers 24-256(b) Time of placement 24-256(e) Sewer and water 24-258 Streets %Lebo to paved viii% bI1ee S re4uil24-2eu Gf-GJG(l ) Arrangement of streets 24-252(b) Concept and principles 24-252(a) Dead-end streets 24-252(i) Intersections of right angles 24-252(f) Minimum right-of-way and paving widths 24-252(h) Property lines rounded at intersections 24-252(g) Reserve strips prohibited 24-252(d) Street jogs 24-252(e) Street names 24-252(j) Purpose and intent 24-186 Required improvements Generally 24-221 Planned unit developments (PUDs) 24-222 Re -subdivision of platted lots and lots of record Changes to previously recorded subdivision plats 24-188(c) Procedure for re -subdivision 24-188(a) Procedure for subdivisions where future re -subdivision is indicated 24-188(b) Vacation of previously recorded subdivision plats 24-189 Waiver 24-187 Supp. No. 25 2162 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Zoning regulations Administration Appeals 24-50 City commission 24-46 Community development board 24-49 Community development director 24-47 Local planning agency 24-48 Vested rights Determinations of 24-51(a) Expiration of 24-51(b) Application procedures Amendment and repeal 24-61 Change in zoning district classification 24-62 Development and construction within zoning districts All structures 24-66(b) Temporary construction trailers or structures 24-66(a) Development review and issuance of development per- mits Approval of preliminary site plans 24-67(e) Expiration of approved construction plans 24-67(0 Expiration of development permits 24-67(g) Preliminary site plan required 24-67(c) Procedures 24-67(b) Purpose 24-67(a) Stormwater drainage requirements 24-67(d) Land clearing 24-68 Use -by -exception 24-63 Zoning variances 24-64 Boundaries, rules for determining 24-81 Building restrictions. See herein specific districts Buildings, land and structures, general restrictions upon 24-82 Central business district (CBD) Building restrictions 24-114(0 Intent 24-114(a) Minimum lot or site requirements 24-114(d) Minimum yard requirements 24-114(e) Permitted uses 24-114(b) Right-of-way lease restrictions 24-114(g) Uses -by -exception 24-114(c) Commercial general districts (CG) Building restrictions 24-111(0 Intent 24-111(a) Minimum lot or site requirements 24-111(d) Minimum yard requirements 24-111(e) Permitted uses 24-111(b) Uses -by -exception 24-111(c) Commercial limited district (CL) Building restrictions 24-110(f) Supp. No. 25 2163 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Intent 24-110(a) Minimum lot or site requirements 24-110(d) Minimum yard requirements 24-110(e) Permitted uses 24-110(b) Uses -by -exception 24-110(c) Commercial, professional and office (CPO) Building restrictions 24-109(0 Intent 24-109(a) Limitations 24-109(c) Minimum lot or site requirements 24-109(d) Minimum yard requirements 24-109(e) Permitted uses 24-109(b) Uses -by -exception 24-109(d) Conservation districts (CON) Building restrictions 24-103(0 Intent 24-103(a) Minimum lot or site requirements 24-103(d) Minimum yard requirements 24-103(e) Permitted uses 24-103(b) Uses -by -exception 24-103(c) Design and construction standards for two-family (duplex) dwellings and townhouse units 24-87 Districts, establishment of. See also herein specific dis- tricts Intent and purpose 24-101 Zoning districts established 24-102 Garage apartments (as allowed in combination with pri- vate garages) 24-88 Industrial, light and warehousing districts (ILW) Building restrictions 24-112(0 Intent 24-112(a) Minimum lot or site requirements 24-112(d) Minimum yard requirements 24-112(e) Permitted uses 24-112(b) Uses -by -exception 24-112(c) Landscaping Applicability; requirements; buffer design standards; maintenance, protection and visibility Applicability 24-177(a) Buffers required between incompatible or different use classifications 24-177(e) Intersection visibility 24-177(h) Landscape design standards 24-177(0 Landscape plan required 24-177(b) Maintenance and protection of landscaping 24-177(g) Perimeter landscaping requirements 24-177(d) Vehicular use area interior landscaping requirements 24-177(c) Definitions 24-176 Supp. No. 25 2164 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Land, buildings and structures, general restrictions upon 24-82 Lot requirements. See herein specific districts Nonconforming lots, uses and structures Intent 24-85(a) Nonconforming lots of record 24-85(b) Nonconforming structures 24-85(c) Nonconforming uses 24-85(d) Planned unit development (PUD) Adoption of ordinance creating a planned unit develop- ment Action by the city commission 24-133(a) Deviations from the ordinance 24-133(c) Expiration of time limits provided in ordinance 24-133(d) Procedure for adoption 24-133(b) Application and review procedures Action by the community development board 24-132(b) Review by community development procedures 24-132(a) Application for rezoning to planned unit development Information required 24-130(a) Materials to accompany applications 24-130(b) Community facilities 24-136 Consultants, fees and payment by applicant 24-131 Development standards and criteria Access 24-135(e) Density of development 24-135(a) In -fill development 24-135(g) Open space 24-135(b) Privacy 24-135(f) Supporting legal documents for open space 24-135(d) Waiver of yard, dwelling unit, frontage criteria, and use restriction 24-135(c) Implementation of a planned unit development Approval of development plan 24-134(c) Development plan 24-134(a) Permits 24-134(d) Record plans 24-134(b) Intent 24-127 Permitted uses and site requirements 24-129 Purpose 24-126 Purpose and planned unit development defined 24-128 Requirements of this division 24-137 Residential uses, special treatment of lawfully existing affected by future amendments to the official zoning map or amendments to the land development regula- tions 24-86 Residential general, multifamily (RG -2 and RG -3) Building restrictions 24-107(f) Intent 24-107(a) Supp. No. 25 2165 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Minimum lot or site requirements 24-107(d) Minimum yard requirements 24-107(e) Permitted uses 24-107(b) Uses -by -exception 24-107(c) Residential general, two-family districts (RG -1 and RG - 1A) Building restrictions 24-106(0 Intent 24-106(a) Minimum lot or site requirements 24-106(d) Minimum yard requirements 24-106(e) Permitted uses 24-106(b) Uses -by -exception 24-106(c) Residential mobile home districts (RMH) Building restrictions 24-108(0 Intent 24-108(a) Minimum lot or site requirements 24-108(d) Minimum yard requirements 24-108(e) Permitted uses 24-108(b) Uses -by -exception 24-108(c) Residential, single-family districts (RS -1) Building restrictions 24-104(0 Intent 24-104(a) Minimum lot or site requirements 24-104(d) Minimum yard requirements 24-104(e) Permitted uses 24-104(b) Uses -by -exception 24-104(c) Residential, single-family districts (RS -2) Building 3.esti M. LU ib 24-105(0 Intent 24-105(a) Minimum lot or site requirements 24-105(d) Minimum yard requirements 24-105(e) Permitted uses 24-105(b) Uses -by -exception 24-105(c) Scope 24-31 Special purpose district (SP) Building restrictions 24-113(g) Existing salvage yard 24-113(c) Intent 24-113(a) Minimum lot or site requirements 24-113(e) Minimum yard requirements 24-113(0 Permitted uses 24-113(b) Special requirements 24-113(h) Uses -by -exception 24-113(e) Structures, land and buildings, general restrictions upon 24-82 Supplementary regulations Accessory uses and structures Accessory uses by zoning district 24-151(b) Authorization 24-151(a) Supp. No. 25 2166 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Allowable height of fences and walls 24-157 Child care centers 24-152 Churches 24-153 Display and sale of merchandise outside of a business 24-154 Dumpsters, garbage containers and refuse collection areas and above -ground tanks 24-160 Establishments offering dancing or live entertainment24-155 Exceptions to height limitations 24-156 Guardhouses and security buildings 24-158 Home occupations 24-159 Land clearing, tree removal or damage to existing trees and vegetation 24-168 Off-street parking and loading Applications 24-161(i) Design requirements 24-161(f) General 24-161(a) Location of required parking spaces 24-161(e) Measurement 24-161(c) Off-street loading spaces 24-161(h) Parking space requirements 24-161(g) Plans required 24-161(b) Uses not specifically mentioned 24-161(d) Parking lots 24-162 Required buffering between residential and nonresiden- tial uses 24-167 Satellite dish antenna 24-170 Service stations 24-165 Signs 24-166 Storage and parking of commercial vehicles and recre- ational vehicles and equipment in residential zon- ing districts 24-163 Swimming pools 24-164 Utility structures 24-169 Uses. See herein specific districts Yards and open spaces District regulations re. See herein specific districts Double frontage lots 24-84 Required yards and permitted projections into required yards 24-83 Supp. No. 25 2167