AB Code Supplement 27SUPPLEMENT NO. 27
June 2003
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. 90-03-182, adopted May 12, 2003.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
ix—xii ix—xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
159-162 159-162
171-172.2 171-172.1
189, 190 189, 190
353-356 353-356
407-425 407-422
735-737 735-738
1009-1012 1009-1012
1107, 1108 1107-1109
1276.1-1280.1 1277-1280.2
1351, 1352 1351, 1352
1363 1363, 1364
1403, 1404 1403, 1404
1437-1438.2 1437-1438.3
1485, 1486 1485-1486.2
1493-1513 1493-1515
2001 2001, 2002
2053-2055 2053-2055
2101-2167 2101-2157
2159-2166
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
TABLE OF CONTENTS
Page
Officials of the City at Time of Codification iii
Preface v
Adopting Ordinance vii
Checklist of Up -to -Date Pages [1]
PART I
CHARTER
Charter
1
Art. I. Incorporation; Form of Government; Powers 1
Art. II. The Commission 5
Art. III. The City Manager 9
Art. IV. The City Clerk 10
Art. V. The City Attorney 10
Art. W. Department of Public Safety 11
Art. VII. Budget 11
Art. VIII. Department of Finance 11
Art. IX. Elections 12
Art. X. Initiative and Referendum 15
Art. XI. Recall Elections 17
Art. XII. Franchises 18
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV Municipal Borrowing 18
Art. XVI. Suits Against the City 23
Art. XVII. General and Miscellaneous Provisions 23
Art. XVIII. When Act Takes Place 28
Charter Comparative Table—Special Acts 79
Charter Comparative Table—Ordinances 91
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions 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. 27 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
Div. 1. Generally 172
Div. 2. Old -Age and Survivors Insurance 172
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
6. Buildings and Building Regulations 407
Art. I. In General 407
Art. II. Building Code 407
Art. III. Electrical Code 410
Art. IV. Plumbing Code 414
Art. V. Mechanical Code 416
Art. VI. Reserved 418
Art. VII. Numbering of Buildings 419
Art. VIII. Housing Code 421
Art. IX. Reserved 422
Art. X. Amusement Device Code 425
7. Fire Prevention and Protection 469
Art. I. In General 469
Art. II. Fire Prevention and Life Safety 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. 27 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. Signs Permitted 999
Art. III. Cause for Removal of Signs, Abandoned Signs
and Prohibited Signs 1008
Art. IV. Nonconforming Signs and Waiver to Certain
Provisions 1009
Art. V. Sign Permits 1011
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. IV. 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. IV. Motor Vehicle Title Loans 1233
22. Utilities 1275
Art. I. In General 1275
Art. II. Waterworks System 1277
Supp. No. 27 xi
ATLANTIC BEACH CODE
Chapter Page
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
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
Art. IV. Historic Tree Preservation 1363
24. Zoning, Subdivision and Land Development Regulations. 1403
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 1438.2
Div. 5. Establishment of Districts 1445
Div. 6. Planned Unit Development (PUD) 1465
7. Supplomeilta J Regulation, 1473
Div. 8. Landscaping 1486.2
Art. IV Subdivision Regulations 1493
Div. 1. Generally 1493
Div. 2. Application Procedure 1497
Div. 3. Required Improvements 1504
Div. 4. Assurance for Completion and Maintenance
of Improvements 1505
Div. 5. Design and Construction Standards 1508
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. 27 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 "OC" 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 157, 158 25
iii 25 159, 160 27
v, vi OC 161, 162 27
vii, viii 1 163, 164 25
ix, x 27 165, 166 25
xi, xii 27 167, 168 25
1, 2 19 169, 170 18
3, 4 14 171, 172 27
5, 6 14 172.1 27
7, 8 14 173, 174 23
9, 10 14 175, 176 23
11, 12 14 177, 178 23
13, 14 14 179, 180 23
15, 16 14 181, 182 23
17, 18 14 183, 184 25
19, 20 14 184.1 25
21, 22 14 185, 186 23
79 5, Add. 187, 188 23
91 19 188.1, 188.2 23
103, 104 OC 188.3, 188.4 23
105, 106 OC 188.5, 188.6 23
107, 108 13 188.7, 188.8 23
155, 156 26 188.9, 188.10 23
156.1 26 188.11, 188.12 23
Supp. No. 27 [1]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
188.13, 188.14 23 531, 532 6
188.15, 188.16 25 533, 534 6
188.16.1 25 535 6
188.17, 188.18 23 577, 578 OC
188.19, 188.20 23 579, 580 OC
188.21, 188.22 23 581 OC
188.23, 188.24 23 631, 632 OC
188.25, 188.26 23 683, 684 24
189, 190 27 685 24
191, 192 22 735, 736 27
192.1, 192.2 22 737, 738 27
192.3 22 787, 788 8
193, 194 25 789, 790 8
195, 196 26 791, 792 12
245, 246 26 793 12
247, 248 16 839, 840 11
299, 300 18 841, 842 5
301, 302 22 843 5
303, 304 22 891, 892 12
304.1, 304.2 22 893 12
304.3, 304.4 22 943, 944 16
305, 306 24 945, 946 16
307 24 947, 948 20
353, 354 27 949 20
355, 356 27 995, 996 26
407, 408 27 997, 998 26
409, 410 27 999, 1000 26
411, 412 27 1001, 1002 26
413, 414 27 1003, 1004 26
415, 416 27 1005, 1006 26
417, 418 27 1007, 1008 26
419, 420 27 1009, 1010 27
421, 422 27 1011, 1012 27
469, 470 20 1055, 1056 15
471, 472 20 1057, 1058 15
473, 474 20 1059 15
475, 476 20 1107, 1108 27
477, 478 21 1109 27
479, 480 20 1157, 1158 23
521, 522 6 1159, 1160 2
523, 524 6 1161, 1162 21
525, 526 6 1162.1 21
527, 528 6 1163, 1164 23
529, 530 6 1165, 1166 23
Supp. No. 27 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
1167, 1168 24 1351, 1352 27
1169, 1170 24 1353, 1354 17
1171, 1172 25 1355, 1356 17
1173, 1174 23 1357, 1358 24
1175, 1176 23 1359, 1360 24
1177, 1178 26 1360.1 24
1179 26 1361, 1362 17
1221, 1222 21 1363, 1364 27
1223, 1224 23 1403, 1404 27
1225, 1226 23 1405, 1406 25
1226.1 23 1407, 1408 25
1227, 1228 12 1409, 1410 25
1229, 1230 12 1411, 1412 25
1231, 1232 25 1413, 1414 25
1233, 1234 25 1415, 1416 25
1235, 1236 21 1417, 1418 25
1237, 1238 21 1419, 1420 25
1239, 1240 21 1421, 1422 25
1275, 1276 25 1423, 1424 25
1277, 1278 27 1425, 1426 25
1279, 1280 27 1427, 1428 25
1280.1, 1280.2 27 1429, 1430 25
1281, 1282 18 1431, 1432 25
1283 18 1433, 1434 25
1284.1, 1284.2 13 1435, 1436 26
1284.3, 1284.4 13 1437, 1438 27
1284.5 13 1438.1, 1438.2 27
1285, 1286 OC 1438.3 27
1286.1, 1286.2 23 1439, 1440 25
1287 23 1441, 1442 25
1288.1 16 1443, 1444 25
1289, 1290 OC 1445, 1446 25
1291, 1292 OC 1447, 1448 25
1293, 1294 OC 1449, 1450 25
1295, 1296 24 1451, 1452 25
1296.1, 1296.2 24 1453, 1454 25
1296.3 24 1455, 1456 25
1297 17 1457, 1458 25
1298.1, 1298.2 3 1459, 1460 25
1299, 1300 OC 1461, 1462 25
1301, 1302 11 1463, 1464 25
1303, 1304 11 1465, 1466 25
1305, 1306 11 1467, 1468 25
1307, 1308 26 1469, 1470 25
Supp. No. 27
[3]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1471, 1472 25 2107, 2108 27
1473, 1474 25 2109, 2110 27
1475, 1476 25 2111, 2112 27
1477, 1478 25 2113, 2114 27
1479, 1480 25 2115, 2116 27
1481, 1482 26 2117, 2118 27
1483, 1484 25 2119, 2120 27
1485, 1486 27 2121, 2122 27
1486.1, 1486.2 27 2123, 2124 27
1487, 1488 25 2125, 2126 27
1489, 1490 25 2127, 2128 27
1491, 1492 25 2129, 2130 27
1493, 1494 27 2131, 2132 27
1495, 1496 27 2133, 2134 27
1497, 1498 27 2135, 2136 27
1499, 1500 27 2137, 2138 27
1501, 1502 27 2139, 2140 27
1503, 1504 27 2141, 2142 27
1505, 1506 27 2143, 2144 27
1507, 1508 27 2145, 2146 27
1509, 1510 27 2147, 2148 27
1511, 1512 27 2149, 2150 27
1513, 1514 27 2151, 2152 27
1515 27 2153, 2154 27
1983, 1984 OC 2155, 2156 27
1985 OC 2157 27
1987, 1988 OC 2159, 2160 27
1989, 1990 OC 2161, 2162 27
1991, 1992 2 2163, 2164 27
1993, 1994 6 2165, 2166 27
1995, 1996 13
1997, 1998 18
1999, 2000 24
2001, 2002 27
2043 OC
2053, 2054 27
2055 27
2081, 2082 14
2083, 2084 14
2085, 2086 14
2087, 2088 14
2101, 2102 27
2103, 2104 27
2105, 2106 27
Supp. No. 27 [4]
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. 27 159
§ 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 and commissioners shall be made in twelve (12) equal
monthly payments.
(b) Effective August 1 of each year, the basic salary of the mayor and commissioners shall
be reviewed and adjusted to the average salary reflected in the Florida League of Cities
Cooperative Salary Survey, Group II, for cities of ten thousand (10,000) to forty-nine thousand,
nine hundred ninety-nine (49,999) population, adjusted to delete full time positions and
compare only the same cities as included within the prior year's surveys. Adjustments, if any,
shall not exceed the cost of living adjustment provided to general employees, and shall be
effective on November 1 in the year 2003, and on October 1 of each year thereafter.
Supp. No. 27 160
ADMINISTRATION § 2-41
(c) 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 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; Ord. No. 5-02-39, § 1, 10-14-02)
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 1V. 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. 27 161
§ 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
ordinances; to execute all papers and process of the city or its authorities; and to perform such
other duties as may be lawfully required of him. Subject to the authority and instruction of the
city commission and under the supervision of the director of public safety, the chief of police
shall have and exercise control over the police department.
(Laws of Fla., Ch. 57-1126, § 37; Ord. No. 57-78-7, § D, 9-25-78; Ord. No. 57-83-9, § 1, 2-28-83)
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. 27 162
ADMINISTRATION § 2-167
Sec. 2-163. Designation of chairman and vice chairman.
The city commission shall designate the chairman and vice chairman from among the board
members.
(Ord. No. 95-89-40, § 3, 6-12-89)
Sec. 2-164. Certificate of appointment or reappointment.
A certificate of the appointment or reappointment of a board member shall be filed with the
city clerk and such certificate shall be conclusive evidence of the due and proper appointment
of such board member. Each board member shall hold office until his successor has been
appointed and qualified.
(Ord. No. 95-89-40, § 4, 6-12-89)
Secs. 2-165, 2-166. Reserved.
Editor's note—Sections 2-165 and 2-166 concerning the initial board members, their
terms, and officers, which derived from § 5 and § 6 of Ord. No. 95-89-40, have not been set out
herein since the aforesaid provisions were specific and temporary.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described herein. Any
place or premises which have been used on more than two (2) occasions as the site of the
unlawful sale or delivery of controlled substances may be declared to be a public nuisance.
(b) Any employee, officer or resident of the city may bring a complaint before the board after
giving not less than three (3) days' written notice of such complaint to the owner of the place
or premises at his last known address.
(c) The board shall conduct a hearing during which the owner of the premises shall have an
opportunity to present evidence in his defense. After considering any evidence, including
evidence of the general reputation of the place or premises, the board may declare the place or
premises to be a public nuisance as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3) The conduct, operation or maintenance of any business or activity on the premises
which is conducive to such nuisance. Any such order entered shall expire after one year
or at such earlier time as stated in the order.
(Ord. No. 95-89-40, § 7, 6-12-89)
Supp. No. 27 171
§ 2-168 ATLANTIC BEACH CODE
Sec. 2-168. Permanent injunctions.
The board may bring a complaint under Florida Statutes Section 60.05 seeking a permanent
injunction against any nuisance described herein.
(Ord. No. 95-89-40, § 8, 6-12-89)
Sec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida Statutes
Section 60.05 against any public nuisance.
(Ord. No. 95-89-40, § 9, 6-12-89)
Secs. 2-170-2-225. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS*
DIVISION 1. GENERALLY
Sec. 2-226. Holiday schedule.
The following schedule of holidays is hereby ordained, established, and approved:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
Date applicable
New Year's Day
Martin Luther King, Jr. Day
President's Day observed
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Employee's Birthday
(Ord. No. 5-86-17, § 1, 10-27-86; Ord. No. 5-94-25, § 1, 1-24-94; Ord. No. 5-02-40, 12-9-02)
Editor's note—Ord. No. 5-86-17, § 1, adopted October 27, 1986, did not specifically amend
the Code; therefore, inclusion as § 2-226 was at the discretion of the editor.
Secs. 2-227-2-240. Reserved.
DIVISION 2. OLD -AGE AND SURVIVORS INSURANCEt
Sec. 2-241. Statement of policy.
It is hereby declared to be the policy and purpose of the city to extend, effective as of January
1, 1951, to the employees and officials of the city not excluded by law, and whether employed
*Cross reference—Any ordinance relating to the salaries of the city officers or employees
saved from repeal, § 1-5(6).
'State law references—Social security for public employees, F.S. Ch. 650; authority of
political subdivisions of state to submit plans for inclusion under the social security act, F.S.
§ 650.05.
Supp. No. 27 172
ADMINISTRATION § 2-244
in connection with a governmental or proprietary function, the benefits of the system of old -age
and survivors insurance, as authorized by the Federal Social Security Act and amendments
thereto, including Public Law 734 of the 81st Congress, and by F.S. Ch. 650; and to cover by
such plan all services which constitute employment as defined in F.S. § 650.02, performed in
the employ of the city by employees thereof. In pursuance of such policy, and for that purpose,
the city shall take such action as may be required by applicable state or federal laws or
regulations.
(Code 1970, § 16-4)
Sec. 2-242. Execution of agreements by mayor -commissioner.
The mayor -commissioner is hereby authorized and directed to execute all necessary
agreements and amendments thereto with the division of retirement of the department of
administration as the state agency for the state or his authorized representative for the
purpose of extending the benefits provided by the system of old -age and survivors insurance to
the employees and officials of this city, as provided in section 2-241, which agreement shall
provide for such methods of administration of the plan by the city as are found by the state
agency to be necessary for the proper and efficient administration thereof, and shall be
effective with respect to services in employment covered by the agreement performed after
December 31, 1950.
(Code 1970, § 16-5)
Sec. 2-243. Withholdings from wages.
Withholdings from salaries, wages or other compensation of employees and officials for the
purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in the
amounts and at such times as may be required by applicable state or federal laws or
regulations, and shall be paid over to the state agency designated by such laws or regulations
to receive such amounts.
(Code 1970, § 16-6)
Sec. 2-244. Appropriations and payment of contributions by city.
There shall be appropriated from available funds, derived from such amounts, at the times,
as may be required to pay promptly the contributions required of the city as employer
Supp. No. 27 172.1
ADMINISTRATION § 2-315
Sec. 2-313. Transfers of appropriations.
The city manager may at any time transfer any unencumbered appropriation balance, or
portion thereof, between general classifications of expenditures within an office, department or
agency. At the request of the city manager, the city commission by ordinance may at any time
transfer any unencumbered appropriation balance, or portion thereof, from one office,
department or agency to another office, department or agency.
(Laws of Fla., Ch. 57-1126, § 66; Laws of Fla., Ch. 61-1863; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-314. When contracts and expenditures prohibited.
No officer, department or agency shall, during any budget year, expend or contract to expend
any money or incur any liability, or enter into any contract which by its terms involves the
expenditure of money, for any purpose, in excess of the amounts appropriated pursuant to this
Code. Any contract, verbal or written, made in violation of this Code shall be null and void. Any
officer or employee of the city who shall violate this section shall be guilty of a misdemeanor
and, upon conviction thereof, shall cease to hold his office or employment. Nothing in this
section contained, however, shall prevent the making of contracts or the spending of money for
capital improvements to be financed in whole or in part by the issuance of bonds, nor the
making of contracts of lease or for services for a period exceeding the budget year in which the
contract is made, when the contract is permitted by law.
(Laws of Fla., Ch. 57-1126, § 67; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-315. Encumbrances.
(a) An appropriation shall be obligated for expenses properly chargeable against it as soon
as the expense, or the liability therefor, is incurred. The director of finance shall establish an
encumbrance system where appropriate, as required by the National Committee on Govern-
mental Accounting, that will accomplish this obligation and shall prescribe methods of
documentation so that an adequate audit trail is available as to the placing, modification and
satisfaction or release of encumbrances. Once encumbered, appropriated funds shall be
considered obligated and unavailable for expenditures (except to satisfy the encumbrance),
transfer or reappropriation, and obligated balances of appropriations remaining un disbursed
at the close of the fiscal year shall be treated as provided in subsection (b). An encumbrance
may be modified either to increase or decrease the amount of funds encumbered by it, but no
increase in an encumbrance shall be larger than the amount of unobligated funds then
remaining in the appropriation account. An encumbrance may be released, in whole or in part,
to the extent that the funds so released are not needed to pay the expense for which they were
encumbered, and the funds thus released shall become unobligated funds in the appropriation
account, except funds released from an encumbrance which is carried over from a prior fiscal
year, which shall be treated as provided in subsection (b).
(b) The encumbered balance of an appropriation account at the end of the fiscal year shall
be carried over to and become a part of the appropriation account for the ensuing fiscal year,
provided that the encumbrances outstanding at year end represent the estimated amount of
Supp. No. 27 189
§ 2-315 ATLANTIC BEACH CODE
the expenditures ultimately to result if unperformed obligations in process at year end are
completed. The carryover of an encumbered balance shall not release or discharge the
encumbrances, but it shall be subject to the provisions of subsection (a) in the ensuing fiscal
year, provided that funds released from an encumbrance which carried over shall become
unappropriated funds in the beginning fund balance for the ensuing fiscal year. Encumbered
balances carried over to the ensuing fiscal year shall not be reported as expenditures for the
previous fiscal year, but as reservations of fund balance for subsequent fiscal year expendi-
tures.
(Laws of Fla., Ch. 57-1126, § 68; Ord. No. 35-92-7, § 1, 10-12-92; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-316. Fees shall be paid to city government.
All fees received by an officer or employee shall belong to the city government and shall be
paid to the city finance department.
(Laws of Fla., Ch. 57-1126, § 69; Ord. No. 5-99-32, § 1, 12-14-99; Ord. No. 5-03-41, § 1, 4-28-03)
Sec. 2-317. Dishonored checks.
The director of finance shall add a service fee of twenty dollars ($20.00) or five (5) percent
of the face amount of the check, draft or order, whichever is greater, for the collection of a
dishonored check, draft or other order for the payment of any licenses, fees, taxes, utility
charges, commissions or charges of any sort authorized to be made under the laws of the state
and this Code or other ordinances of the city. The service fee shall be in addition to all other
penalties imposed by law.
(Code 1970, § 14-2.1; Ord. No. 5-93-23, § 1, 2-8-93; Ord. No. 5-99-32, § 1, 12-14-99)
Sec. 2-318. Reserved.
Editor's note—Ord. No. 5-99-32, adopted December 14, 1999, repealed § 2-318 of the Code,
which pertained to reserve account for fire department review, and derived from Ord. No.
35-93-8, § 1, adopted February 8, 1993.
Secs. 2-319-2-330. Reserved.
DIVISION 2. PURCHASING
Sec. 2-331. Bids—When required.
All supplies and contractual services, when the estimated cost thereof shall exceed ten
thousand dollars ($10,000.00) shall be purchased by formal, written contract from the lowest
responsible bidder after due notice inviting proposals.
(Ord. No. 5-83-12, § 2, 2-13-84; Ord. No. 5-92-22, § 1, 4-13-92; Ord. No. 5-99-32, § 1, 12-14-99)
Supp. No. 27 190
Art. I.
Art. II.
Art. III.
Chapter 5
BEACHES AND PARKS*
In General, §§ 5-1-5-15
Beach Safety Zone, §§ 5-16-5-30
Public Parks, §§ 5-31, 5-32
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies.
(a) During such times as, in the opinion of the director of public safety or, in his absence, the
city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the
safety, life and health of persons using the ocean or beach, or any condition shall exist or
threaten to occur that will imperil the peace and good order of the city, the director of public
safety is authorized to close the ocean or beach or both or any part thereof and prohibit all
swimming or bathing in the ocean or use of the beach or both in any manner, and require all
persons thereon forthwith to remove themselves therefrom, or any part thereof, until the
ocean, beach or dangerous areas are considered safe again for use.
(b) It shall be unlawful for any person to knowingly refuse, when ordered, to remove
him/herself from any area which has been closed by the director of public safety.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-2. Sleeping on the beach.
It shall be unlawful for anyone to camp or sleep on the beach from 11:00 p.m. to 6:00 a.m.
without first receiving permission from the city manager.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-3. Lighting of fires.
It shall be unlawful for anyone to start, maintain, allow, or have an open fire on the beach
unless permission is approved in writing by the city manager or his designee. The city may
*Editor's note—Ord. No. 95-03-83, § 1, adopted January 27, 2003, amended Ch. 5 in its
entirety, which formerly consisted of Arts. I—III, §§ 5-1-5-31, pertained to similar subject
matter, and derived from §§ 5-1-5-7 of the 1970 Code, and Ord. No. 95-82-25, § 1, adopted
April 26, 1982, Ord. No. 57-86-11, § 1, 4-14-86, Ord. No. 95-88-35, § 1, 9-26-88, and Ord. No.
95-99-72, § 1, adopted December 14, 1999.
Cross reference—Streets, sidewalks and other public places, Ch. 19.
State law references—Beach and Shore Preservation Act, F.S. Ch. 161; tidal lands and
bulkheads, F.S. § 253.12 et seq.; deposit of material in tidewater regulated, F.S. § 309.01
Florida Boat Registration and Safety Law, F.S. Ch. 327; oceanography, conservation and
geology, F.S. Ch. 369 et seq.
Supp. No. 27 353
§ 5-3 ATLANTIC BEACH CODE
require a twenty-five dollar ($25.00) non-refundable application fee, and a deposit not to
exceed two (2) times the estimated costs of clean-up, to assure that the requesting entity
complies with all conditions of the permit.
This section does not prohibit fires in self contained, commercially available heating devices
fueled by gas. Heating devices fueled by wood, charcoal, or similar materials shall be
prohibited.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab, cigarette
butts, or other type of refuse upon the beach in the city.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end
of which must be securely bound to either the ankle or wrist of the surfer.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and
similar watercraft, which require transport by use of a motor vehicle, will only be launched at
the Atlantic Boulevard ramp.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran,
or other vessel on the beach for more than seventy-two (72) hours without first notifying and
receiving permission from the chief of police or his designee. A sailboat, catamaran, or vessel
shall only be allowed to park over seventy-two (72) hours between May 1 to September 30 of
each year. At no time will any sailboat, catamaran, or other vessel be allowed to park west of
the dune line, on a beach access, or public right-of-way.
Supp. No. 27 354
BEACHES AND PARKS § 5-31
(b) Before the chief of police or his designee gives permission for the owner of a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) hours on the beach, the owner
must provide proof of ownership, description, serial number, hull number or other identifica-
tion number, and the location desired for parking same. Permission to park, and the location
requested, is at the sole discretion of the chief of police. The chief of police may develop
additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject to having such sailboat, catamaran, or other vessel towed at the owner's expense.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-9-5-15. Reserved.
ARTICLE II. BEACH SAFETY ZONE
Sec. 5-16. Use of vehicles.
It shall be unlawful for any person to propel, operate or drive any motorized vehicle at any
time on the ocean beach unless permission is approved in writing by the city manager or his
designee.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-17. Animals.
It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens,
poultry or goats on the ocean beach.
(Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-18-5-30. Reserved.
ARTICLE III. PUBLIC PARKS
Sec. 5-31. Public parks' use prohibited after dark.
It shall be unlawful for any person or groups of persons to congregate in or about or traverse
through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and tennis
courts, provided such use shall never be later than 10:00 p.m.;
(2) When an organized event has been approved by the parks and recreation
department.
Supp. No. 27 355
§ 5-31 ATLANTIC BEACH CODE
(b) When a park or parks have been officially closed by the city for maintenance,
construction, repairs, and the like, and has been so posted.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-32. Fees and charges.
Building usage
Lost key charge
Beach permit
Summer camp
Annual camp -out
Camping on Dutton Island
Flag football
(Ord. No. 95-03-82, § 1, 1-27-03)
Supp. No. 27 356
$50.00 plus a refundable deposit of $100.00
$8.00
$30.00 per event, plus a refundable deposit of
$100.00.
(This fee only applies for fires on the beach.)
$45.00 per week.
However, for children who qualify for free or
reduced -price lunches at their schools, the
cost will be $50.00 per child for the duration of
the summer camp.
$10.00 per campsite
$25.00 per camp site, plus a refundable de-
posit of $25.00
$10.00 per child
[The next page is 407]
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Art. I. In General, §§ 6-1-6-15
Art. II. Building Code, §§ 6-16--6-30
Art. III. Electrical Code, §§ 6-31---6-55
Art. IV. Plumbing Code, §§ 6-56-6-75
Art. V. Mechanical Code, §§ 6-76-6-90
Art. VI. Reserved, §§ 6-91-6-105
Art. VII. Numbering of Buildings, §§ 6-106-6-119
Art. VIII. Housing Code, §§ 6-120-6-140
Art. IX. Reserved, §§ 6-141-6-160
Art. X. Amusement Device Code, § 6-161
ARTICLE I. IN GENERAL
Secs. 6-1-6-15. Reserved.
ARTICLE II. BUILDING CODEC
Sec. 6-16. Adoption of Florida Building Code.
There is hereby adopted, subject to any modifications, changes and amendments set forth in
this article, and for the purpose of establishing rules and regulations for the construction,
alteration, removal, demolition, equipment, use and occupancy, location and maintenance of
buildings and structures, including permits and penalties, that certain building code known as
The Florida Building Code established by Florida Statutes Chapter 553, Part VII, as amended
from time to time so that the latest edition of The Florida Building Code shall apply, and the
Standard Existing Building Code, 1997 edition, and the Standard Unsafe Building Abatement
Code, 1985 edition, of which not less than three (3) copies have been and are now filed in the
*Cross references—Fire prevention and protection, Ch. 7; flood hazard areas, Ch. 8;
mobile homes and recreation vehicles, Ch. 10; building operations at night, § 11-6; planning/
zoning/appeals, Ch. 14; signs and advertising structures, Ch. 17; streets, sidewalks and other
public places, Ch. 19; occupational license taxes for contractors, § 20-59; utilities, Ch. 22;
zoning and subdivision regulations, Ch. 24.
State law references—Building construction standards, F.S. Ch. 553; contracting, F.S.
'Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed all existing
sections of Art. II, Building Code, except § 6-24. Section 2 of this ordinance added new §§ 6-16
and 6-17, as set forth herein. The repealed sections derived from the following: §§ 6-8 and 6-10
of the 1970 Code; Ord. No. 25-86-17, § 1, adopted February 24, 1986; Ord. No. 25-86-19, § 1,
adopted December 8, 1986; Ord. No. 25-89-22, § 1, adopted June 12, 1989; Ord. No. 25-92-23,
§ 1, 11-9-92; Ord. No. 25-95-27, §§ 1, 2, adopted July 10, 1995; Ord. No. 25-96-28, §§ 1(1), (9),
(10), and 2, adopted April 22, 1996; Ord. No. 25-98-30, § 1, 6-22-98.
State law reference—State minimum building codes, F.S. § 553.70 et seq.
Supp. No. 27 407
§ 6-16 ATLANTIC BEACH CODE
office of the city clerk, and the same are adopted and incorporated as fully as if set out at length
in this article, and the provisions thereof shall be controlling in the construction of all
buildings and other structures within the city.
(Ord. No. 25-02-32, § 2, 11-11-02)
Sec. 6-17. Same—Amendments.
The Florida Building Code adopted by section 6-16 is hereby modified, changed and
amended to include the following:
(a) Building department.
(1) Establishment. There is hereby established a department to be called the
building department and the person in charge shall be known as the building
official.
(2) Designation of administrator, deputy, inspectors; conflicts of interest.
a. The building official, inspection division, development services department,
is hereby designated as the administrative authority responsible for inter-
pretation and enforcement of the provisions of this chapter and the Florida
Building Code 2001, with the exception of Chapters 9 and 36, which are
assigned to the fire chief for enforcement in its entirety.
b. The administrative authority shall be referred to as the building official.
c. The building official may appoint such number of officers, inspectors,
assistants, and other employees as shall be authorized from time to time.
The minimum qualification requirements for each employee so authorized
shall be as established by the personnel rules and regulations and the
official position descriptions of the City.
d. The building official may designate as his deputy an employee in the
division who shall, during the absence or disability of the building official,
exercise all powers of the building official.
(3) Restrictions on employees. An officer or employee connected with the department,
except one whose only connection is as a member of the board established by this
code, shall not be financially interested in the furnishing of labor, material or
appliances for the construction, alteration or maintenance of a building, struc-
ture, service, system, or in the making of plans or of specifications thereof, unless
he is the owner of such. The officer or employee shall not engage in any other
work which is inconsistent with his duties or conflict with the interests of the
department.
(4) Records. The building official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public
inspection.
(5) Liability. Any officer or employee, or member of the board of adjustments and
appeals, charged with the enforcement of this code, acting for the applicable
Supp. No. 27 408
BUILDINGS AND BUILDING REGULATIONS § 6-17
governing authority in the discharge of his duties, shall not thereby render
himself personally liable, and is hereby relieved from all personal liability, for any
damage that may accrue to persons or property as a result of any act required or
permitted in the discharge of his duties. Any suit brought against any officer or
employee or member because of such act performed by him in the enforcement of
any provision of this code shall be defended by the department of law until the
final termination of the proceedings.
(6) Reports. The building official shall submit annually a report covering the work of
the building department during the preceding year. He may incorporate in said
report a summary of the decisions of the board of adjustments and appeals during
said year.
(b) Powers and duties of the building official.
(1) General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official is further authorized to render
interpretations of this code, which are consistent with its spirit and purpose.
(2) Right of entry. Whenever necessary to make an inspection to enforce any of the
provisions of this code, or whenever the building official has reasonable cause to
believe that there exists in any building or upon any premises any condition or
code violation which makes such building, structure, premises, electrical, gas,
mechanical or plumbing systems unsafe, dangerous or hazardous, the building
official may enter such building, structure or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the building official by this
code. If such building or premises are occupied, he shall first present proper
credentials and request entry. If such building, structure or premises are
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure
entry.
When the building official shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or any
other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this code.
(3) Stop work orders. Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to his agent, or to the person doing the work, and shall state
Supp. No. 27
409
§ 6-17 ATLANTIC BEACH CODE
the conditions under which work may be resumed. Where an emergency exists,
the building official shall not be required to give a written notice prior to stopping
the work.
(4) Revocation of permits.
a. Misrepresentation of application. The building official may revoke a
permit or approval, issued under the provisions of this code, in case
there has been any false statement or misrepresentations as to the
material fact in the application or plans on which the permit or
approval was based.
b. Violation of code provisions. The building official may revoke a permit
upon determination by the building official that the construction,
erection, alteration, repair, moving, demolition, installation or replace-
ment of the building, structure, electrical, gas, mechanical or plumbing
systems for which the permit was issued is in violation of, or not in
conformity with, the provisions of this code.
(5) Unsafe buildings or systems. All buildings, structures, electrical, gas,
mechanical or plumbing systems which are unsafe, unsanitary, or do not
provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health, are considered unsafe buildings or service
systems. All such unsafe buildings, structures or service systems are hereby
declared illegal and shall not be abated by repair and rehabilitation or by
demolition in accordance with the provisions of the Standard Unsafe
Building Abatement Code.
(6) Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed building,
structure, electrical, gas, mechanical or plumbing system, or for the public
safety, health and general welfare, not specifically covered by this or the
other technical codes, shall be determined by the building official.
(Ord. No. 25-02-32, § 2, 11-11-02)
Secs. 6-18-6-30. Reserved.
ARTICLE III. ELECTRICAL CODE*
Sec. 6-31. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-31,
which pertained to standards for materials, installations, etc., and derived from Ord. No.
*Cross reference—Electric signs, § 17-12.
State law reference—Electrical code, F.S. § 553.15 et seq.
Supp. No. 27 410
BUILDINGS AND BUILDING REGULATIONS § 6-35
25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-95-26, § 1, adopted February 13, 1995,
Ord. No. 25-976-28, § 1(2), adopted April 22, 1996, and Ord. No. 25-00-31, § 1, adopted
February 28, 2000.
Sec. 6-32. Certificate of competency.
(a) Every master or journeyman electrician, before carrying on his trade or business in this
city, shall present to the city clerk a certificate as to his competency issued by the state or the
board of examiners of electricians of the City of Jacksonville or the City of Jacksonville Beach.
(b) It shall be unlawful for any person, not a certified electrician in accordance with the
provisions of this section, to do any electrical construction or make any repairs, alterations,
additions or changes to any existing system of electrical wiring, apparatus or equipment for
light, heat or power within the city.
(Code 1970, § 7-4)
Sec. 6-33. Improper use of name of licensed master electricians.
No licensed master electrician shall allow his name to be improperly used by any person,
directly or indirectly, either for the purpose of obtaining a permit or to do any work under his
license. When the master electrician is permanently employed, he shall not allow his name to
be used for the aforesaid purposes or either of them by any person whatsoever, other than his
regular employer.
(Code 1970, § 7-5)
Sec. 6-34. Employing only certified electricians by master electricians; exception.
No master electrician shall employ any person on any job in the capacity of an electrician
without that person being in possession of a certificate of competency as provided for in section
6-32; provided, that nothing in this article shall be construed to prohibit the working of helpers
or apprentices on any job of electrical construction when the work of the helpers or apprentices
is performed under the personal supervision of a certified electrician.
(Code 1970, § 7-6)
Sec. 6-35. Electrical permits required; to whom issued.
(a) A permit is required to do any electrical construction of any character, install any
electrical wiring, apparatus or equipment or make any extensions or changes to existing
systems of wiring of light, heat or power within the city, except the repairing of damaged or
broken fixtures, apparatus or equipment and the ordinary work necessary for the proper
maintenance of same.
(b) Permits to do electrical work will be issued to master electricians who are duly qualified
under the provisions of this article to engage in the trade or business of electrical construction
in the city.
Supp. No. 27 411
§ 6-35 ATLANTIC BEACH CODE
(c) A homeowner who lives on the premises may take a homeowners test through an
accepted testing agency. Upon passing the homeowners test, a permit will be issued for
premises occupied by the homeowner. Accepted testing agencies are the City of Atlantic Beach,
the City of Jacksonville Building and Zoning Department, the City of Jacksonville Beach
Building and Zoning Department, and the Standard Building Code Congress International.
(Code 1970, § 7-7; Ord. No. 25-93-24, § 1, 9-13-93; Ord. No. 25-95-27, § 3, 7-10-95)
Sec. 6-36. Electrical inspections—By electrical inspector.
All electrical inspections in this city shall be made by the building official of this city or his
designated agent, referred to in this article as the city electrical inspector.
(Code 1970, § 7-8)
Sec. 6-37. Same—Fees.
No permit shall be granted for any electrical installation within the limits of the city until
after inspection fees have been paid. Such inspection fees are hereby fixed in the following
schedule. For all electrical construction requiring a permit there shall be paid by the party
obtaining a permit the following inspection fees to be collected by the building department.
(1) For issuing each permit $35.00
(2) New single-family residential occupancy:
0-100 amp service 50.00
101-150 amp service 60.00
151-200 amp service 70.00
For each additional 50 amn or fractional part thereof 10.00
(3) Multifamily per dwelling unit 50.00
(4) Service change:
0-100 amp service 30.00
101-150 amp service 50.00
151-200 amp service 50.00
For each additional 50 amp or fractional part thereof 20.00
(5) New commercial services:
0-100 amp service 50.00
101-150 amp service 60.00
151-200 amp service 70.00
For each additional 50 amp or fractional part thereof 10.00
(6) Temporary services 35.00
(7) Signs 35.00
Supp. No. 27 412
BUILDINGS AND BUILDING REGULATIONS § 6-37
(8) Switch and receptacle outlets (except new single-family, multifamily and
room additions):
Up to 30 amp, each 0.60
31-100 amp, each 2.00
101-200 amp, each 4.00
(9) Lighting outlets, including fixtures, each 0.60
(10) Primary service 50.00
(11) Transformers, per 20 KVA or fractional part thereof 4.00
(12) Heat:
0-10 kw 2.00
10.1-15 kw 4.00
15.1-24 kw 6.00
Over 24 kw 8.00
(13) Air conditioning circuits:
0-60 amp 5.00
61-100 amp 10.00
(14) Motors:
0-5 hp 4.00
Plus $2.00 for each additional 5 hp or fractional part thereof
(15) Appliances, fixed or stationary:
Up to 30 amp 2.00
31-100 amp 4.00
Over 100 amp 6.00
(16) Smoke detectors wired into electrical system (except single-family, mul-
tifamily and room additions), each 2.00
(17) Fire alarm and signaling systems, each 35.00
(18) Minimum fee 35.00
(19) Swimming pools 40.00
(20) Repairs and miscellaneous 35.00
(21) Reinspection 35.00
(Ord. No. 34-82-1, § 1, 7-28-82; Ord. No. 25-02-33, § 1, 9-23-02)
Supp. No. 27 413
§ 6-38 ATLANTIC BEACH CODE
Sec. 6-38. Same—Permit prerequisite to inspection.
No inspection shall be made by the city electrical inspector until after a permit for electrical
construction or alterations has been obtained by the master electrician from the building
official of this city.
(Code 1970, § 7-10)
Sec. 6-39. Same—Right of entry of electrical inspector.
The city electrical inspector or his duly authorized assistants shall have the right, during
reasonable hours, with the consent of the owner or occupant, to enter any building or premises
in the discharge of his official duty or for the purpose of making any inspection or test of the
electrical wiring, apparatus or fixtures contained therein. If the owner or occupant shall refuse
to give such consent, entry shall be made only pursuant to authority granted by a properly
issued search warrant.
(Code 1970, § 7-11)
Sec. 6-40. Same—Interference with electrical inspector.
It shall be unlawful for any person to hinder or interfere with the city electrical inspector or
with any assistant city electrical inspector in the discharge of his duties under this article.
(Code 1970, § 7-12)
Secs. 6-41-6-55. Reserved.
ARTICLE IV. PLUMBING CODE*
Sec. 6-56. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-56,
which pertained to adoption of the Standard Plumbing Code, and derived from § 17-1 of the
1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(3),
adopted April 22, 1996, and Ord. No. 25-98-30, § 1, 6-22-98.
Sec. 6-57. Certificate of competency.
(a) Every master or journeyman plumber before carrying on his trade or business in this
city, shall present to the city clerk a certificate as to his competency issued by the state or the
board of examiners of plumbers of the City of Jacksonville, or an existing certificate previously
issued by the city.
*Cross references—Waterworks system, § 22-16 et seq.; wastewater system, § 22-56 et
seq.
State law references—Plumbing control act, F.S. § 553.01 et seq.; plumbers, F.S. Ch. 469.
Supp. No. 27 414
BUILDINGS AND BUILDING REGULATIONS § 6-61
(b) It shall be unlawful for any person, not a certified plumber in accordance with the
provisions of this section, to do any plumbing construction or to make any repairs, alterations,
additions or changes to an existing system, within the city.
(Code 1970, § 17-4)
Sec. 6-58. Permits—Determination of ownership of secondhand fixtures prior to
issuance.
Before the issuance of any plumbing permit, the plumbing inspector shall ascertain whether
new or secondhand fixtures are to be used in the work. Whenever secondhand fixtures are
proposed, the plumbing inspector shall require of the applicant satisfactory evidence in writing
of the ownership of such fixtures and keep a record of the same.
(Code 1970, § 17-11)
Sec. 6-59. Same—Fees.
A fee of seven dollars ($7.00) per fixture, including washing machines, water heaters and
dishwashers, shall be paid to the city when a plumbing permit is issued. The minimum charge
for any permit shall be thirty-five dollars ($35.00) in addition to the rate per fixture. The
charge for reinspection shall be thirty-five dollars ($35.00) per inspection.
(Code 1970, § 17-12; Ord. No. 36-82-1, § 1, 7-26-82; Ord. No. 25-02-33, § 2, 9-23-02)
Sec. 6-60. Same—To whom issued.
Plumbing permits shall be issued to master plumbers. A homeowner who lives on the
premises may take a homeowners test through an accepted [testing] agency. Upon passing the
homeowners test, a permit will be issued to the homeowner for premises occupied by the
homeowner.
Accepted testing agencies are the City of Atlantic Beach, the City of Jacksonville Building and
Zoning Department, the City of Jacksonville Beach Building and Zoning Department, and the
Standard Building Code Congress International.
(Code 1970, § 17-13; Ord. No. 25-93-24, § 2, 9-13-93; Ord. No. 25-95-27, § 3, 7-10-95)
Sec. 6-61. Water conservation regulations.
(a) All new construction and all remodeling or repair involving replacement of fixtures in
residential, hotel, motel, industry or commercial use shall utilize fixtures conforming to the
following schedule of maximum water usage based on water pressures at the fixture of forty
(40) to fifty (50) pounds per square inch (psi):
Maximum Flow Rate
Fixture Type (gallons)
Water closets
Tank type
Flushometer or flushvalve type
Supp. No. 27 415
2 per flush
2 per flush
§ 6-61 ATLANTIC BEACH CODE
Maximum Flow Rate
Fixture Type (gallons)
Wall mount 3.5 per flush
Urinals 1 per flush
Shower heads 2.5 per minute
Lavatory faucets 2 per minute
Sink faucets 2.5 per minute
(b) No urinal or water closet that operates on a continuous flow or continuous flush shall be
permitted unless fitted with time controls adjusted for periods of use.
(c) The use of standard flush toilets may be allowed when, in the opinion of the building
official, the configuration of the building drainage system requires a greater quantity of water
to adequately flush the system.
(d) Any person desiring to install any device or appliance as set out shall be required to
submit to the building official a manufacturer's data sheet defining the water use character-
istics of the plumbing devices or appliances prior to final inspection.
(e) If a particular fixture listed above is not available from at least two (2) suppliers, the
building official may accept a signed, notarized certification of nonavailability from the
plumbing contractor and allow a standard plumbing fixture to be used. The notarized
certification of nonavailability shall be signed by the fixture suppliers.
(Ord. No. 25-93-25, § 1, 12-13-93)
Secs. 6-62-6-75. Reserved.
ARTICLE V. MECHANICAL CODE
Sec. 6-76. Reserved.
Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former § 6-76,
which pertained to adoption of the Standard Mechanical Code, and derived from Ord. No.
25-82-1, § 1, adopted July 26, 1982, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No.
25-96-28, § 1(4), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998.
Sec. 6-77. Inspection fees.
No permit shall be granted for any mechanical installation within the limits of the city until
after inspection fees shall have been paid; such inspection fees are hereby fixed as follows:
(1) Mechanical permit fees:
a. For issuing each permit $35.00
Supp. No. 27 416
BUILDINGS AND BUILDING REGULATIONS § 6-77
b. Air conditioning and refrigeration (total capacity in single installa-
tion):
For each ton or fractional part thereof:
Air conditioning from 1 ton to 10 tons total capacity in single
installation, for each ton or fraction thereof for each apartment or
business will be considered a separate system 8.00
For each ton of air conditioning over 10 tons or fractional part
thereof up to 25 tons 4.00
For each ton of air conditioning over 25 tons or fractional part
thereof 2.00
c. Furnaces and heating equipment (total capacity in single installa-
tion):
For the first 200,000 BTU per hour capacity or fractional part
thereof in single installation for each apartment or business 20.00
For each additional 50,000 BTU per hour of fuel used or fractional
part thereof 4.00
Any burner (not in heating system), each 12.00
d. Boilers, including heating element:
For the first 500,000 BTU per hour input of fuel 30.00
For each additional 100,000 BTU per hour input of fuel or fractional
part thereof 6.00
e. Air duct systems:
For the first 2,000 cubic feet per minute capacity of air handled in
duct system 20.00
For each 1,000 cubic feet per minute over 2,000 cubic feet per minute
or fractional part thereof up to 10,000 cubic feet per minute 8.00
For each additional 1,000 cubic feet per minute or fractional part
thereof 4.00
f. Pumps 4.00
g. Wells 20.00
h. Tanks, all types, gasoline or liquefied petroleum:
0-600 gallons 20.00
Over 600 to 10,000 gallons capacity or fractional part thereof 100.00
For each additional 1,000 gallons or fractional part thereof 4.00
i. Service station automobile lifts 10.00
j. Elevators, escalators, man -lifts, hoists for the first 4 floors 100.00
Supp. No. 27 417
§ 6-77 ATLANTIC BEACH CODE
k. Fire sprinkler systems:
For the first 40 sprinkler heads or fractional part thereof 30.00
For each additional 10 sprinkler heads or fractional part thereof 4.00
1. Fire standpipes, each 6.00
m. Fire hose cabinets, each 6.00
n. Prefabricated fireplaces, each 30.00
o. Alteration or repair of boiler or on fired pressure vessel 30.00
p. Solar collector system 30.00
q. Commercial hood installation 30.00
r. Heat exchanger or coil in ducts 10.00
s. Minimum fee for any mechanical permit 35.00
t. Reinspection fee 35.00
u. For mechanical fee not listed in this section, fee shall be based on
$8.00 per thousand dollars.
(2) Gas piping permit fees. Consumers' gas piping and appliances at one (1)
location:
a. For issuing each permit 35.00
b. For 1 to 4 outlets 10.00
For each additional outlet 2.00
c. For conversion son burners, flour furnaces i.. ;ncrat boilers, central
VVU, laLi.21L�.E Ui.Ui wS, i.li11U1 Ut
heat and air conditioning units 10.00
For each additional unit 2.00
d. Vented wall furnaces and water heaters, each unit 5.00
e. Reinspection fee 35.00
(Ord. No. 25-82-1, § 2, 7-26-82; Ord. No. 25-02-33, § 3, 9-23-02)
Secs. 6-78-6-90. Reserved.
ARTICLE VI. RESERVED*
Secs. 6-91-6-105. Reserved.
*Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art.
VI, §§ 6-91-6-105, which pertained to the swimming pool code, and derived from § 24-4 of the
1970 Code, Ord. No. 25-92-23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(5),
adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998.
Supp. No. 27 418
BUILDINGS AND BUILDING REGULATIONS § 6-110
ARTICLE VII. NUMBERING OF BUILDINGS
Sec. 6-106. Required.
Every building, place of residence or place of business in the city which fronts on any public
street shall have a number according to the system set forth in this article.
(Code 1970, § 6-12)
Sec. 6-107. Attachment of numbers to buildings.
The number assigned to any building shall be permanently attached in a suitable manner,
as determined by the building official, and shall be attached to the outside of the building in
a conspicuous place easily discernible from the street upon which the building faces.
(Code 1970, § 6-13)
Sec. 6-108. Duties of building official.
It shall be the duty of the building official to assign each building a number, to attach or to
have attached the assigned number or numbers, and to do all things necessary and practical
to carry into effect the intent and provisions of this article.
(Code 1970, § 6-14)
Sec. 6-109. Street numbering districts designated.
The city is hereby divided into street numbering districts as follows:
(1) First district. All that part of the city lying east and south and including both sides of
the following streets: Sherry Drive between Atlantic Boulevard and Twelfth Street;
Twelfth Street between Sherry Drive and East Coast Drive; East Coast Drive
between Twelfth Street and Sixteenth Street.
(2) Second district. All that part of the city lying in the subdivision known as Saltair,
except Sherry Drive (in the first district) and The Plaza (in the third district).
(3) Third district. All that part of the city not within the first and second districts.
(Code 1970, § 6-15)
Sec. 6-110. System of numbering.
The building official shall assign street numbers within the street numbering districts as
follows:
(1) In the first district according to the system of numbering as follows:
a. On streets running from south to north and more northerly than easterly or
westerly, only odd numbers (not evenly divided by 2) shall be assigned to
buildings on the easterly side and only even numbers (evenly divided by 2) shall
be assigned to buildings on the westerly side.
Supp. No. 27 419
§ 6-110 ATLANTIC BEACH CODE
b. On streets running from east to west and more westerly than northerly or
southerly, only odd numbers shall be assigned to buildings on the northerly side
and only even numbers shall be assigned to buildings on the southerly side.
c. Atlantic Boulevard on the south and the ocean beach (at the concrete seawall) on
the east are hereby declared and determined to be the zero coordinates or axis of
this numbering system. Numbers shall run from zero on the south to the north
and from zero on the east to west.
d. On every street, one hundred (100) numbers shall be assigned per block (fifty (50)
numbers on each side), except on streets running from south to north, where
named streets (instead of "numbered" streets) intersect and cross the streets
running from south to north and, in that case, one hundred (100) numbers shall
be assigned to several blocks in a manner that the number of the hundred block
'(Example: the 1200 block) shall be equal to the number of the "numbered" street
immediately south thereof and except on streets running from south to north
where "numbered" streets, if extended easterly, would intersect the streets
running from south to north and, in such case, the number of the hundred block
shall cease and the next number of the hundred block shall commence, as if the
"numbered" street had extended easterly.
e. Each street number on each side of a street shall be measured one from the other
(in quotient feet) by dividing the length (in feet) of the street (for which one
hundred (100) numbers were assigned) by the numeral fifty (50). Any given
building shall be assigned the number or numbers (within the one hundred (100)
numbers assigned to the part of block, or several blocks in which the given
building is situated) by dividing the distance (in feet) of one number from the
other (aa4ignPrd or macs mer1) ana the m nher or nnmhers having the closest
nonfractional value for that side of the street shall be the number assigned.
(2) In the second district, according to the system of numbering as follows:
a. According to subsection (1)a of this section.
b. According to subsection (1)b of this section.
c. Atlantic Boulevard on the south and Saltair Boulevard through the district are
hereby declared and determined to be the zero coordinates or axis of this
numbering system. Numbers shall run from zero on the south to the north, and
from zero at Saltair Boulevard to the east and to the west.
d. On every street, one hundred (100) numbers shall be assigned per block (fifty (50)
numbers on each side).
e. According to subsection (1)e of this section.
(3) In the third district, according to the system of numbering as follows:
a. According to subsection (1)a of this section.
b. According to subsection (1)b of this section.
Supp. No. 27 420
BUILDINGS AND BUILDING REGULATIONS § 6-160
c. Atlantic Boulevard on the south and the first and second districts on the east are
hereby declared and determined to be the zero coordinates or axis of this
numbering system, except where the street is a continuation of a street in the
first or second districts, and in that case, the coordinates or axis shall be that of
the first or second district, whichever is the case.
d. On every street, one hundred (100) numbers shall be assigned for every five
hundred (500) feet, except where streets intersect less than one thousand (1,000)
feet apart, in which case one hundred (100) numbers shall be assigned according
to subsection (2)d of this section.
e. According to subsection (1)e of this section.
(Code 1970, § 6-16)
Sec. 6-111. Removing or defacing.
No person shall remove or deface or attempt to remove or deface any numbers attached to
buildings under the provisions of this article.
(Code 1970, § 6-17)
State law reference—Criminal mischief, F.S. § 806.13.
Secs. 6-112-6-119. Reserved.
ARTICLE VIII. HOUSING CODE
Sec. 6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed essential for safe,
healthful living, that certain code known as the Standard Housing Code, 1997 edition,
published by the Southern Building Code Congress International, Inc.
(Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6),
4-22-96; Ord. No. 25-98-30, § 1, 6-22-98)
Note—See editor's note, § 6-16.
Secs. 6-121-6-140. Reserved.
ARTICLE IX. RESERVED*
Secs. 6-141-6-160. Reserved.
*Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art.
IX, §§ 6-141-6-6-160, which pertained to the gas code, and derived from Ord. No. 25-92, 23,
§ 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(7), adopted April 22, 1996, and Ord. No.
25-98-30, § 1, adopted June 22, 1998.
Supp. No. 27 421
§ 6-161 ATLANTIC BEACH CODE
ARTICLE X. AMUSEMENT DEVICE CODE
Sec. 6-161. Adopted.
There is hereby adopted for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, use and occupancy, location and
maintenance of buildings and structures, including permits and penalties, the Standard
Amusement Device Code, 1997 edition.
(Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96; Ord. No. 25-98-30, § 1,
6-22-98)
Note—See editor's note, § 6-16.
Supp. No. 27 422
[The next page is 469]
Chapter 12
NUISANCES*
Sec. 12-1. Enumeration.
(a) It shall be unlawful for any person, natural or corporate, to do, perform, have, allow,
suffer or permit any act, occurrence or condition within the city which constitutes a dangerous,
unsafe, dilapidated or unsanitary condition, which may be injurious to the health and
well-being of the community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely indications
of the nature and type of acts, occurrences and conditions, and shall not be deemed to be
exclusive:
(1) For any person to cause or allow any animal carcass or any filth or substance to be
collected, deposited, or to remain in any place to the detriment of public health;
(2) For any person to throw, deposit or discharge into or suffer to be collected, deposited or
remain in any street, alley or other public place, or in any house, building, premises,
sewer, or gutter, any filth, garbage, noxious substance, or any waste paper, rags, or any
rubbish of any kind;
(3) For any person to allow, suffer or permit any lot or premises, common or place of any
kind whatsoever to become neglected so as to become a detriment to public health by
weeds growing thereon, or by depositing of rubbish of any kind which may be injurious
to the health and well-being of the community;
(4) To allow, suffer or permit any stagnant water to accumulate or stand upon the surface
of the ground or upon or within any receptacle or structure deposited or erected, either
above or below the ground, without exercising necessary precautions to prevent the
propagation of mosquitoes therein;
(5) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens,
rabbits and guinea pigs in any manner which may be injurious to the health and
well-being of any person due to noxious odors, noise, etc.
(6) Any attraction which may prove detrimental to any human being, whether in a
building, on the premises of a building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, excavations, abandoned refrigerators and motor
vehicles, or any structurally unsound fences or structures, or any lumber, debris or
vegetation, which may prove a hazard for inquisitive minors.
*Cross references—Nuisance control board, § 2-161 et seq.; noise, Ch. 11; abandoned,
wrecked, junked, inoperable, etc., vehicles, § 21-24.
State law references—Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823.
Supp. No. 27 735
§ 12-1 ATLANTIC BEACH CODE
(7) For any person, either as the owner or occupant of a building, structure, or property to
utilize the premises of the property for the open storage of any abandoned motor
vehicle, icebox, refrigerator, stove, glass, building material, building rubbish, or
similar items.
(8) To allow, suffer or permit any building or structure which, by act of God, fire, decay or
other cause which may become structurally dangerous, unsafe, dilapidated, unsani-
tary, or vermin infested to create a hazard to the health or safety of the occupants or
the public.
(9) For any person owning shopping carts to allow such carts to be removed from the
owner's premises unless such person has a written policy in place for the effective
retrieval of such carts. The written policy must include provisions for retrieval of
shopping carts from public rights-of-way, apartment complexes, undeveloped lots, or
other areas within the city, and for retrieval of shopping carts when brought to the
attention of the owner by way of complaints from the public or the city.
(10) For any person to cause or allow excessive amounts of dirt, debris, or any other
substance to collect in any gutter or catch basin, or to accumulate on any street,
causing the street to become obstructed, uneven or defaced.
(c) For any person to discharge water from a water -source heat pump onto a public street
or storm drainage system unless such discharge is approved by the city.
(Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11-02)
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is made to appear to the city manager after investigation that any acts,
occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the
city manager may, by order in writing, direct any nuisance affecting the sanitary condition of
the city or the public health of the city to be abated. The order shall be served upon the owner
or occupant or person having the care or custody of the particular property involved, if he is
found upon the premises or within the city, or shall be delivered by mail, return receipt
requested. In any case where the owner, occupant or custodian cannot be found within the city,
after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, the order
shall be posted in a conspicuous place upon the premises. The order shall be worded in the
manner similar to the following:
"Our records indicate that you are the owner(s) and/or occupant(s) of the following property
in the City of Atlantic Beach, Florida: (Description of property). Investigation of this
property discloses and I have found and determined that a public nuisance exists thereon so
as to constitute a violation of Section 12-1 of the Code of the City of Atlantic Beach, and that
(description of the conditions which place the property in violation).
"You are hereby notified that unless the condition above described is remedied within fifteen
(15) days from the date hereof, the city will remedy this condition at a cost of the work plus
a charge equal to 100% of the cost of the work to cover City administrative expenses, which
Supp. No. 27 736
NUISANCES § 12-3
will be assessed the property owner or occupant. If not paid within thirty (30) days after
receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the
property.
"Within fifteen (15) days from the date hereof, you may make written request to the city
commission of the City of Atlantic Beach for a hearing before that body; for the purpose of
showing that the above listed condition does not constitute a public nuisance.
City of Atlantic Beach
City Manager"
(b) Within fifteen (15) days after the mailing, serving or posting of notice to him, the owner
and/or occupant of the property may make written request to the city commission for a hearing
before that body to show that the condition 4oes not constitute a public nuisance. At the
hearing, the city and the property owner and/or occupant may introduce such evidence as
deemed necessary.
(c) If within fifteen (15) days after mailing, serving or posting of the notice, no hearing has
been requested, and the condition described in the notice has not been remedied, the city
manager shall cause the condition to be remedied by the city at the expense of the property
owner and/or occupant. If a hearing has been held and has concluded adversely to the property
owner and/or occupant, the city manager or his designee may cause the condition to be
remedied by the city at the expense of the property owner and/or occupant unless the city
commission otherwise directs.
(d) After causing the condition to be remedied, the city manager or his designee shall certify
to the director of finance the expense incurred in remedying the condition, whereupon the
expense plus a charge equal to one hundred (100) percent of the expense to cover city
administrative expenses, plus advertising cost, shall become payable within thirty (30) days,
after which a special assessment lien and charge will be made upon the property which shall
be payable with interest at the rate of ten (10) percent per annum from the date of the
certification until paid.
The lien shall be enforceable in the same manner as a tax lien in favor of the city and may
be satisfied at any time by payment thereof including accrued interest. Notice of the lien may
be filed in the office of the city clerk.
(Ord. No. 55-82-20, § 2, 3-22-82)
Sec. 12-3. Penalty for violation of chapter.
Any person who violates any provision of this chapter shall, on conviction, be fined not less
than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00). If any such
person shall continue a nuisance after being fined for the same, a new cause of action shall
Supp. No. 27 737
§ 12-3 ATLANTIC BEACH CODE
immediately accrue against the person, subjecting the offender to a like penalty as aforesaid.
After the rendition of each fine, the continuance of the nuisance shall be deemed a new cause
of action.
(Ord. No. 55-82-20, § 3, 3-22-82)
Supp. No. 27
738
[The next page is 787]
SIGNS AND ADVERTISING STRUCTURES § 17-51
(5) Signs containing fluorescent colors or materials designed to be mirror-like or reflective.
(6) Obscene signs.
(7) Roof signs.
(8) Snipe signs.
(9) Portable and mobile signs.
(10) Temporary signs, except as otherwise authorized herein.
(11) Pennants, ribbons, balloons, streamers, wind -operated devices and similar elements
that are intended to draw attention to a business or activity, either when used alone or
incorporated into a sign.
(12) Vehicle signs. (Bumper stickers, decorative decals and the like, customary and
registered logos, trademarks or service marks that are attached to a motorized vehicle
shall not be considered as vehicle signs; however, such vehicles shall not be parked off
of the property from where a business is located or in the required front yard of any
property for the sole purpose of advertising.)
(13) Private signs on any public property, other than as specifically approved by the city
commission.
(14) All signs prohibited by Chapter 479.11, Florida Statutes.
(15) Signs not in compliance with all applicable provisions of this chapter and this Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-43-17-50. Reserved.
ARTICLE IV NONCONFORMING SIGNS AND WAIVER TO CERTAIN
PROVISIONS
Sec. 17-51. Nonconforming signs.
All signs, which were lawfully in existence and constructed or installed with properly issued
sign permits as of the effective date of these amended regulations, and which are made
nonconforming by the provisions herein shall be allowed to remain in accordance with the
following conditions:
(1) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
only with respect to the minimum required distance of five (5) feet from any property
lines shall be allowed to remain in the 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 chapter.
Supp. No. 27 1009
§ 17-51 ATLANTIC BEACH CODE
(2) Freestanding signs, permitted pursuant to section 17-29, made nonconforming upon
the initial effective date of these amended regulations, which are not in compliance
with respect only to maximum width, height or size shall be allowed to remain,
provided that such signs are otherwise in compliance with the terms of this chapter.
(3) Nonconforming signs, including those as described in preceding paragraphs (1) and (2)
shall be made conforming with all provisions of this chapter when any of the following
changes are made:
a.
b.
Any change to the structural supports or structural materials, including tempo-
rary relocation associated with routine maintenance of a property.
Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, which alters the material used for the display area or face area by
more than twenty-five (25) percent.
e. Any replacement required as the result of an accidental act or a weather-related
act.
f. Any replacement of an abandoned sign.
g.
Any change necessary for compliance with Florida Building Code requirements.
(4) The provisions of this section shall not be construed to apply to signs that are
abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are
determined to create a hazard to public safety. Such signs shall be subject to the
provisions of section 17-33.
(5) Notwithstanding the preceding provisions of paragraphs (1) through (4), all signs
permitted within commercial and industrial zoning districts, pursuant to section 17-6
of this chapter, shall be made to conform with the provisions of this chapter, as may be
amended, within ten (10) years of the initial effective date of these regulations as
enacted by Ordinance Number 60-02-12, which date shall be September 09, 2012.
(Ord. No. 60-02-12, § 2, 9-9-02; Ord. No. 60-03-13, § 2, 3-24-03)
Sec. 17-52. Requests to waive certain terms of this chapter.
Requests to waive terms of this chapter may be made upon specific application to the city
commission, with proper public notice required, provided that no waiver shall be requested
that would allow a prohibited sign, or any otherwise unlawful sign. The applicant requesting
such waiver shall have the burden of demonstrating the need for the requested waiver, and
that the waiver is not in conflict with the intent of this chapter. The terms of any waiver to the
provisions of this chapter shall be established by order of the city commission.
(Ord. No. 60-02-12, § 2, 9-9-02)
Secs. 17-53-17-60. Reserved.
Supp. No. 27 1010
SIGNS AND ADVERTISING STRUCTURES
ARTICLE V. SIGN PERMITS
Sec. 17-61. Permit required.
§ 17-62
It shall be unlawful for any person to install, erect, place, alter or relocate any sign without
first obtaining a sign permit with payment of the required fee to the city. Sign permits shall be
required for any sign requiring a permit under the provisions of Section 3108.1.3, Florida
Building Code. A sign permit shall not be issued prior to issuance of the appropriate
occupational license as required for the activity on the property for which the sign permit is
sought, except as set forth in section 17-29(c) of this chapter.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-62. Application.
Before a sign permit shall be issued, a design and stress diagram containing necessary
information to enable the building official to determine compliance with the provisions of
Section 3108 of the Florida Building Code shall be submitted. Such information shall be
included as part of the sign permit application and shall be submitted to the City of Atlantic
Beach Building Department using a sign permit application as provided by the city. The
application for sign permit shall contain or have attached thereto the following information:
(1) The name, mailing address and telephone number of the applicant.
(2) If applicable, a copy of a valid and current occupational license for the property where
the sign shall be placed.
(3) In the case that the applicant is not the property owner, an owner's authorization to
apply for a sign permit.
(4) A survey depicting the location of the requested sign(s) and the location of all
structures and access points on the property. An elevation drawing, with dimensions,
depicting the size, height, location and relation to other existing signs. Plans shall be
drawn at a legible scale, depicting materials to be used, method of construction,
attachment or installation as appropriate and type of illumination, if any.
(5) The name and contractor information of the person erecting or installing the sign.
(6) An electrical permit, if required.
(7) Registered engineer's drawings as may be required by Section 3108, Florida Building
Code.
(8) Such additional information as may be required by the building official to determine
compliance with this chapter, any other applicable laws and ordinances of the City of
Atlantic Beach and the requirements of Section 3108, Florida Building Code.
(Ord. No. 60-02-12, § 2, 9-9-02)
Supp. No. 27 1011
§ 17-63 ATLANTIC BEACH CODE
Sec. 17-63. Calculation of permitted sign size.
Sign face area, sign display area, width of sign and height of sign shall be calculated as
defined within article I of this chapter. In the case of freestanding, fascia and projecting signs,
the sign face area shall be used in calculating the permitted size of sign. In the case of
marquee, canopy or awning signs, the sign display area shall be used in calculating the
permitted size of the sign.
When computing sign face area and sign display area, only one (1) side of a sign containing
two (2) sides shall be included in the calculation of the permitted sign size.
(Ord. No. 60-02-12, § 2, 9-9-02)
Sec. 17-64. Fees.
Fees for the issuance of a sign permit shall be determined as follows. (Electrical permits and
required fees shall also be required for signs with electrical components.)
(1) Thirty-two (32) square feet or less of sign display area or sign face area, as appropriate:
Thirty dollars ($30.00).
(2) Larger than thirty-two (32) square feet: Ten dollars ($10.00) per square foot of sign
display area or sign face area, as appropriate.
(Ord. No. 60-02-12, § 2, 9-9-02)
Supp. No. 27 1012
[The next page is 1055]
Chapter 19
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Sec. 19-1. Obstructing free passage prohibited; exception.
No person shall obstruct the free passage of persons or vehicles over any street, sidewalk or
other public way by any means whatsoever, except pursuant to a permit issued by the city
manager, and only in accordance with the terms of the permit and any conditions attached
thereto.
(Code 1970, § 22-1)
Cross reference—Loitering in, obstructing, etc., streets, public places, etc., § 13-2.
State law reference—Obstruction of public streets, highways and roads, F.S. § 316.2045.
Sec. 19-2. Digging up streets prohibited; exception as to public utilities; permit
required of public utilities.
No person shall dig into, remove, tear up, deface or damage in any manner whatsoever,
except for purposes of city authorized repair, either the surfacing or shoulders on or of any
street, avenue, way, driveway, roadway or pathway on any public property of and in the city,
or on any property over or upon which the city may now or hereafter be possessed of any
easement for any type of public transportation, travel or service; provided, this section shall
not be construed to apply to any public utility such as electric, gas, water, etc., system which
may desire to lay, remove, repair or replace pipes, wiring, or cables, place poles, conduits or
meters or install any other necessary equipment requisite to the proper and efficient use of the
public utility. A public utility desiring to do any such work shall first procure from the city
manager a permit for such operations.
(Code 1970, § 22-4)
Sec. 19-3. Closing of streets for various events.
The city manager is authorized to close streets for various events. The city manager will
discuss any such closing of streets with the police chief and notify the city commission begore
authorization is given. An organization desiring to close a street for an event shall first procure
from the city manager a permit for such an event.
(Ord. No. 65-93-22, § 1, 1-25-93)
*Cross references—Any ordinance naming, renaming, opening, accepting, or vacating
streets or alleys in the city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings and
building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in,
obstructing, etc., streets, public places, etc., prohibited, § 13-2; planning/zoning/appeals, Ch.
14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21;
utilities, Ch. 22; vegetation, Ch. 23; zoning and subdivision regulations, Ch. 24.
State law references—Supplemental and alternative method of making local municipal
improvements, F.S. Ch. 170; municipal public works, F.8. Ch. 180; minimum construction
standards for the design, construction and maintenance of all public streets, roads, highways,
bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle trails, under-
passes, and overpasses used by the public for vehicular and pedestrian traffic, F.S. § 335.075.
Supp. No. 27 1107
§ 19-4 ATLANTIC BEACH CODE
Sec. 19-4. Special events.
All special events which are held on public property must adhere to the following rules and
regulations:
(1) All special events taking place on public property must have a permit from the city
manager before any such events take place. The city manager may attach to the permit
those requirements he may deem necessary to protect the public and city's interest.
(2) All parties interested in staging a special event must provide insurance for the event
in amounts set by the city manager. The [parties staging such] event may be required
to take out additional insurance naming the city as the beneficiary.
(3) All parties staging an event may be subject to a performance bond set by the city
manager to insure [that] the City Ordinance Code and permit requirements are upheld
by the event.
(4) All requirements set by the city manager as part of his written approval of the event
must be upheld by the event. Failure to do so may result in a closing of the event by
the public safety director or the police chief.
(5) All special events permitted by the city manager must be sponsored by a nonprofit
corporation for a charitable purpose. Any special event to be held by a for-profit
corporation must have prior approval by the city commission.
(6) Before any request for a special event is permitted, those responsible for the event
must fill out an application form available through the city recreation department.
(7) All financial information and records which may be related to the event will be made
available to the city finance director for his or her review.
(8) All parties staging a special event are required to abide by the City Code and the
Florida Statutes. Failure to do so will require the event to be cancelled.
(9) No sales of any kind will be permitted on the ocean beach area.
(Ord. No. 95-96-67, § 1, 6-10-96)
Sec. 19-5. Intersections: sight distance requirements and safety zones.
(a) Sight distance requirements:
(1) For purposes of this section, "defined intersection" is any intersection that has a
city -owned or maintained road, street, or any other type of roadway as one (1) of the
roadways comprising the intersection. Excluded from this definition is any intersection
where there is a required stop condition (multi -way stop, traffic signal, or continual
flashing red light) for each roadway traffic lane entering the intersection.
Supp. No. 27 1108
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-5
(2) To ensure adequate visibility at "defined intersections," the owners or occupants of
private real property shall not do any of the following which could obstruct a driver's
view of approaching traffic at such intersections:
a. Plant or permit the growth of shrubbery or any other vegetation in the city
right-of-way higher than thirty (30) inches above the established grade of the
right-of-way;
b. Allow tree branches to extend below the height of ten (10) feet above the
established grade of the right-of-way;
c. Allow any berm, wall or other structure to be erected, placed, or exist in the city
right-of-way.
(b) Safety zones:
(1) For purposes of this section, "safety zone" is a relatively flat, unobstructed area along
the edge of a roadway for the recovery of errant vehicles, and shall consist of the area
for at least two (2) feet from the edge of the pavement into the city right-of-way.
(2) No persons shall plant, erect, place or allow any plant, wall, fence, structure or other
object in the safety zone of a roadway except for mailboxes and sod or other ground
cover.
(c) The city shall have the right to remove any tress, shrubbery, vegetation, berms, walls,
fences, structures or other objects in violation of this section, with or without prior notice.
Removal costs shall be charged to the owner, occupant or representative in an amount equal
to the city's costs incurred, plus a charge of one hundred (100) percent of said costs to cover the
city's administrative expenses.
(Ord. No. 65-03-32, § 1, 4-14-03)
[The next page is 1157]
Supp. No. 27 1109
UTILITIES § 22-16
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.
ARTICLE II. WATERWORKS SYSTEM*
Sec. 22-14. Application for water service.
It shall be unlawful for any person to use city water without first making application in
writing to the city for service at least forty-eight (48) hours before the service is desired and
paying all charges incident to the application. The applications shall be made on forms
furnished by the city and shall constitute an agreement by the consumer with the city to abide
by the rules of the city in regard to its service of water. Applications for service requested by
firms, partnerships, associations and corporations shall be tendered only by their duly
authorized agents, and the official title of the agent shall be shown on the application.
(Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-15. Tapping of mains, etc., restricted to city employees.
No person shall tap the city water mains or make any other connection to pipes on the
supply side of any meter except those persons duly employed by the city for such purposes.
(Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-16. Connection charges; initial payment of minimum water rental.
(a) Upon the application of the owner or consumer for water service, the connection charge
shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection
charges will be established by the city commission from time to time.
(b) The minimum water rental for the period from the date of installation to the following
minimum water billing date shall be collected at the time payment is made for the connection
charge.
*Cross reference—Plumbing code, § 6-56 et seq.
Supp. No. 27 1277
§ 22-16 ATLANTIC BEACH CODE
(c) For the purposes of this subsection and subsection (d) of this section, fixture units are
established as the measurement of water demand for each water fixture installed and
connected to the city water system. Fixture units are assigned by the city plumbing code. The
water supply charge is hereby fixed at twenty dollars ($20.00) per fixture unit connected to the
city water system after enactment of this subsection and subsection (d) of this section.
(d) The director of finance is directed to receive the connection charge and cause same to be
invested in interest-bearing securities that are most advantageous to the city's interest. The
securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used
solely for capital improvements to the water plant and supply system.
(e) Payment of connection fees and impact fees shall be due and payable prior to the
issuance of a building permit. For new and existing buildings or structures, the city manager
may allow payment of fees on an extended payment plan for up to fifteen (15) years or the
remaining life of an existing mortgage, whichever is less, if the owner has demonstrated to the
satisfaction of the city manager that the lump sum payment will constitute a hardship to the
applicant. A lien for the amount due shall be executed in recordable form reflecting the
payment schedule, and recorded at the applicant's expense. Upon all payments being made in
full, the lien shall be released of record.
(Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No.
80-92-51, § 1, 11-23-92)
Sec. 22-17. Temporary service.
Temporary service, such as service for circuses, fairs, carnivals, construction work and the
like shall ha pvovi le!1 upon iuritter application accompanied by a de osit sufficient to cover
the city's estimate of the proper charge for water to be consumed, materials, labor and other
expense incurred by the city in providing the service. Upon termination of this service, any
balance of the deposit shall be refunded to the consumer.
(Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-18. Granting necessary easements by consumer.
The consumer shall grant or cause to be granted to the city, without cost, all rights,
easements, permits and privileges which are necessary for providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Sec. 22-19. Right of access by city employees.
Duly authorized employees of the city shall have access at all reasonable hours to the
premises of the consumer for the purpose of reading meters, installing or removing any of its
property, examining pipes or fixtures or for any purpose incidental to providing service.
(Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92)
Supp. No. 27 1278
UTILITIES § 22-22
Sec. 22-20. Fees to establish service or re-establish service after cutoff or transfer.
(a) A turn -on fee of twenty dollars ($20.00) will be charged to establish service for all new
customers.
(b) If water service is turned off upon the request of the customer, a re -connect fee of twenty
dollars ($20.00) shall be charged.
(c) If water service is turned off because of delinquency of payment, a re -connect fee of
thirty dollars ($30.00) shall be charged.
(d) If water service is transferred to another residence, a twenty dollar ($20.00) transfer fee
shall be charged.
(e) An additional charge of thirty dollars ($30.00) will be added to the turn -on charge for
service requested before 8:00 a.m. and after 4:30 p.m. on business days.
(Code 1970, § 27-6; Ord. No. 80-85-25, § 1, 3-11-85; Ord. No. 5-85-15, § 2, 1-13-86; Ord. No.
80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-00-62, § 1, 9-25-00; Ord.
No. 80-02-66, § 1, 1-27-03)
Sec. 22-21. Testing of meters; liability for cost of testing; adjustment of bills.
Upon written request of a consumer, the meter will be tested by the city. The city will require
a deposit to defray cost of testing. Such deposit shall be as follows:
Meter Size
(inches)
Fee
5/8 by 3/4 $ 25.00
1 and 11/2 25.00
2 25.00
Above 2 Actual cost
If the meter, when tested, is found to be not more than two (2) percent fast, the deposit shall
be forfeited to the city as a service charge for conducting the test; otherwise, the expense of the
test will be borne by the city and billing adjustments for a period not to exceed twelve (12)
months will be made.
(Code 1970, § 27-7; Ord. No. 80-86-33, § 1, 11-24-86; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-22. Fee established for re -read of meters.
Upon request of a consumer, the meter will be re -read by the city. A fee of twenty dollars
($20.00) will be charged for all customer -requested re -reads when it is determined that the
initial read was not in error. At the discretion of the city manager, or his designee, the city may
perform a re -read at no cost to the consumer.
(Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-02-66, § 2,
1-27-03)
Supp. No. 27 1279
§ 22-23 ATLANTIC BEACH CODE
Sec. 22-23. Liability of consumer for charges; no allowance to be made for vacant
houses unless water shut off.
Liability for service shall begin on the day the consumer is connected to the city water main
and shall continue thereafter until the service is disconnected for nonpayment or for other
cause, or after written notice is given the city by the consumer of his desire to terminate the
service. No allowance will be made for vacant houses unless a request in writing to have the
water shut off is received by the city, nor will any allowance be made for any shut-off period
less than thirty (30) days.
(Code 1970, § 27-8; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-24. Basis for billing if meter fails to register.
If any meter on a consumer's premises is destroyed by fire or other causes or fails to register,
the consumer will be billed for the period involved on a basis of previous consumption.
(Code 1970, § 27-9; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-25. Determination of classification of service for each consumer.
The city manager, or some person designated by him, shall have the authority to determine
what type of service shall be rendered by the city to each consumer.
(Code 1970, § 27-10; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-26. Property owner responsible to city for water charges.
The city will install and properly maintain, at its own expense, such meters and associated
piping as may be necessary to measure the water service used by the consumer. All meters and
associated piping and meter box or vvault installed by the city shall remain the property of the
city.It hall be unlawful for anyoneto tamper with any city appurtenances of crater ;iVZCOS.
The consumer shall protect the city's meter and appurtenances. In the event of any loss or
damage to the property of the city caused by or arising out of carelessness, neglect or misuse
by the customer, the cost of replacing or repairing such damaged property shall be paid by the
customer or property owner.
(Code 1970, § 27-11; Ord. No. 80-92-51, § 2, 11-23-92)
Sec. 22-27. Charges for water service.
The reasonable rates, rentals, fees and other charges for the use of the services and facilities
of the city waterworks system are hereby found and determined to be and are hereby fixed and
established as follows:
(1) Customers within city:
a. Single units. The minimum bill for a single unit shall be five dollars and eighty
cents ($5.80) per month for up to three thousand (3,000) gallons of water.
The effective rates will be amended for all billings, beginning October 1, 2001, to
six dollars and twenty-six cents ($6.26) per month for up to three thousand
(3,000) gallons of water.
Supp. No. 27 1280
UTILITIES § 22-27.1
During each monthly billing period, each monthly bill shall also include an
additional charge of one dollars and fifty-eight cents ($1.58) per one thousand
(1,000) gallons of water used in excess of three thousand (3,000) gallons during
the previous month. Gallons used shall be determined by monthly meter
readings.
The effective rates will be amended for all billings, beginning October 1, 2001, to
one dollar and seventy-one cents ($1.71) per one thousand (1,000) gallons of water
used in excess of three thousand (3,000) gallons during the previous month.
b. Multiple units. For multiple units served through the same meter, the rates and
minimum charges shall be in accordance with the following scale. All multiple
units will be billed at seventy-five (75) percent of the single -unit rate for each
unit, regardless of occupancy:
For each unit there will be a minimum charge of four dollars and thirty-five cents
($4.35) for two thousand two hundred fifty (2,250) gallons per unit.
All excess gallonage shall be charged at the same rate per one thousand (1,000)
gallons as provided for single units above.
The effective rates will be amended for all billings, beginning October 1, 2001 to
four dollars and seventy cents ($4.70) per month for up to two thousand two
hundred fifty (2,250) gallons of water.
(2) Customers outside the city: The rates applicable to customers outside the city shall be
one and one quarter (1.25) times the above rate applicable to customers inside the city.
(Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No.
80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00)
Sec. 22-27.1. Utility deposits.
(a) A deposit of one hundred twenty-five dollars ($125.00) will be required for all new
single-family residential accounts. A deposit representing two (2) months' average charges for
utility services, i.e., water, sewer, stormwater and garbage, will be required for all other new
utility accounts. Upon termination of utility services, the customer's deposit will first be
applied to any balances owed on his account. Any balance remaining will be refunded to the
customer or transferred to another account upon request of the customer.
(b) The deposit of any customer shall be refunded with interest at the rate of three (3)
percent per annum after twenty-four (24) months from the date of deposit, provided the
customer is current in all payments and has timely made all payments during the preceding
twenty-four (24) months. If any customer becomes delinquent in payments after his deposit
has been refunded pursuant to this section, the city may require an additional deposit for
service to continue.
(Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3,
9-25-00)
Supp. No. 27 1280.1
§ 22-28 ATLANTIC BEACH CODE
Sec. 22-28. Water impact fees, installation charges, etc.
The following schedule of rates and installation charges for water connections, facilities,
service and water provided or furnished by the city through its waterworks system is hereby
adopted and established:
(1) Water connection charges.
a. Installation charge.
Installation Charge
Size of Meter from
(inches) Main to Meter
3/4 $ 525.00
1 560.00
11/2 1,090.00
2 1,150.00
Over 2, actual cost, mini- 1,150.00
mum
Supp. No. 27 1280.2
Art. I.
Art. II.
Art. III.
Art. IV.
Chapter 23
VEGETATION*
In General, §§ 23-1-23-14
Tree Protection, §§ 23-15-23-35
Accumulation of Weeds, §§ 23-36-23-45
Historic Tree Preservation, §§ 23-46-23-50
ARTICLE I. IN GENERAL
Secs. 23-1-23-14. Reserved.
ARTICLE II. TREE PROTECTION'
Sec. 23-15. Intent.
It is the intent of these regulations to promote the health, safety and welfare of the current
and future residents of the city by establishing minimum standards for the protection of trees
within the city in order to:
(1) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the protection of trees during development;
(2) Improve environmental quality by recognizing the numerous beneficial effects of trees
upon the environment;
(3) Provide direct and important physical and psychological benefits to human beings
through the preservation of trees to reduce noise and glare, and to break up the
monotony and soften the harsher aspects of urban development;
(4) Promote innovative approaches to the design, installation and maintenance of trees,
thereby encouraging water and energy conservation;
(5) Increase and maintain the value of land by requiring a minimum amount of trees to be
incorporated into development;
(6) Preserve existing natural trees and vegetation where possible;
(7) Promote the conservation of potable and nonpotable water by encouraging the
preservation of existing plant communities, encouraging the planting of natural or
uncultivated areas, encouraging the use of site-specific plant materials;
(8) Establish procedures and standards for the administration and enforcement of this
part;
*Cross reference—Streets, sidewalks and other public places, Ch. 19.
'Editor's note—Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II
to read as herein set out. Prior to such amendment, Art. II consisted of §§ 23-16-23-27, which
pertained to tree protection and derived from Ord. No. 95-89-44, § 1, adopted January 8, 1990.
Supp. No. 27 1351
§ 23-15 ATLANTIC BEACH CODE
(9) Establish a tree fund for the collection of monies from mitigation to be used for
planting of trees in areas throughout the city.
(Ord. No. 95-95-64, § 1, 2-12-96)
Editor's note—Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II
by including provisions designated as § 23-1. For purposes of classification and in order to
preserve numerical consistency, such provisions have been included herein as § 23-15 at the
discretion of the editor.
Sec. 23-16. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively
ascribed to them:
Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance
requirement, established to protect one type of land use from another land use that may be
incompatible. The area is landscaped, maintained and kept in open space.
Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six
(6) inches above the ground for trees up to and including four (4) inches in caliper, and
measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper.
Construction means and includes erecting structures and buildings, placement of utilities,
paving, topographical changes, and installation of drainage.
DBH means the diameter breast height measured in inches at four and five -tenths (4.5) feet
above ground level. DBH for multi -trunked trees shall be determined by measuring each trunk
immediately above the fork and adding the total inches together.
Designee means an appointed representative.
D eueiopei Ibuilclet I cont acio,° ureanb any person, runt or oilier legal e thy Lna , purchases,
agrees to purchase or otherwise holds an interest in real property with the intent to, or in fact
does, develop such property for any construction (by himself or others) thereon for which an
application for a building permit will ultimately be required.
Development, redevelopment, renovating means any construction for which an application
for a building permit must be made prior to initiation of any improvement. Also, in the case of
vehicular use paving, any preparation or pavement (concrete or asphalt) of a site intended for
any type of vehicular use.
Director means community development director or city's representative responsible for
administering building and site clearing permits.
Dominant species means the specie occurring most frequently.
Dripline means an imaginary line extending perpendicularly down from the outermost
branches of a tree.
Excavation means the act of digging, cutting or scooping soil or in any way changing the
existing grade of the land.
Supp. No. 27 1352
VEGETATION § 23-47
Sec. 23-40. Payment of charges, special assessment liens.
After causing the condition to be remedied, the city manager or his designee shall certify to
the finance department the expense incurred in remedying the condition, whereupon such
expense, plus a charge equal to one hundred (100) percent of the expense to cover city
administrative expenses, plus advertising costs, shall become payable within thirty (30) days,
after which a special assessment lien and charge will be made upon the property, which shall
be payable with interest at a rate of ten (10) percent per annum from the date of the
certification until paid.
(Ord. No. 55-82-19, § 5, 3-22-82)
Secs. 23-41-23-45. Reserved.
ARTICLE IV. HISTORIC TREE PRESERVATION*
Sec. 23-46. Intent.
It is the intent of the city commission in designating historic preserve corridors to protect
historically significant tree coverage and landscaping from destruction and to enhance the
aesthetic appearance of certain streets within the city.
(Ord. No. 95-02-79, § 1, 10-14-02)
Sec. 23-47. Designation of historic preserve corridors.
The city commission may from time to time designate, by ordinance, historic preserve
corridors. In so doing, the city commission will specifically identify those streets, or portions
thereof, which shall be so designated. In considering whether roadways or portions thereof
shall be designated as historic preserve corridors, the city commission may consider the
following criteria:
(a) The presence of historically significant tree coverage or landscaping, as individual
plants or in groupings.
(b) The presence of significant historic or architectural structures with associated tree
coverage or landscaping.
(c) The presence of culturally significant tree coverage or landscaping.
(d) Requests from private property owners that colonnades on their property shall be so
designated. In the event that colonnades on private property are so designated, it shall
be the responsibility of the private property owners to record a restrictive covenant or
such other document as is necessary to preserve such designation on any subsequent
owners of their property.
(Ord. No. 95-02-79, § 2, 10-14-02)
*Editor's note—Ord. No. 95-02-79, §§ 1-5, adopted October 14, 2002, enacted provisions
which were amendatory of Ch. 23, but did not specify their placement within the chapter.
These provisions have been included herein as a new Art. IV at the discretion of the editor.
Supp. No. 27 1363
§ 23-48 ATLANTIC BEACH CODE
Sec. 23-48. Effect of historic preserve corridor designation.
(a) Trees or landscape groupings on streets, or portions thereof, which have been desig-
nated as historic preserve corridors shall not be damaged, mutilated or removed from public
or private property by any person or entity, public or private, without prior approval of the tree
conservation board or the city commission, except in the event of an emergency. Removal shall
be permitted by the tree conservation board or the city commission in the following conditions:
(1) When safety of the general public or adjacent residents or property is threatened by
such historic trees; or
(2) Removal is necessary for ingress to and/or egress from the property; or
(3) Special circumstances exist, such as the necessity of handicap accessibility, which
require removal; or
(4) There is another valid, legitimate reason for removal.
(b) Trees, tree groups, or landscape groups designated by the city commission as a part of
an historic preserve corridor shall be so designated by signs or markers of a type to be
determined by the city commission. Said signs or markers shall contain the words "Historic
Preserve Corridor" and shall denote the date of designation and the historic significance of the
tree, tree group or landscape group.
(Ord. No. 95-02-79, § 3, 10-14-02)
Sec. 23-49. Designated corridors.
Upon designation of corridors, professional tree surveys shall be obtained and placed in the
public record. The city commission hereby designates the following as historic preserve
corridors:
The public colonnade of palms in the rights-of-way on the east and west sides of Ocean
Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street as indicated on the
survey prepared by Donn W. Boatwright dated December 27, 2000, File No. 2001-144.
(Ord. No. 95-02-79, § 4, 10-14-02)
Sec. 23-50. Penalties for violation.
Unauthorized damage, mutilation or removal of any tree, which is a part of any designated
historic preserve corridor, shall constitute a violation of this article. Examples of unauthorized
damage or mutilation shall include, but are not limited to, girdling of trunks with string
trimmers or other lawn equipment, punctures, including those caused by tree climbing spikes,
removal of live green leaves or fronds, and destruction of the root system.
Each violation shall be reviewed by the tree conservation board which may require
mitigation as provided in article II of this chapter, tree protection, section 23-15 and following.
(Ord. No. 95-02-79, § 5, 10-14-02)
Supp. No. 27 1364
[The next page is 1403]
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, §§ 24-186-24-260
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, §§ 24-251-24-260
*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(III, 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(III, 11, 1)-2(III, H, 18), 2(IV, A, 1)-2(IV,
A, 3), 2(IV, B, 1)-2(IV, B, 6), 2(IV, C, 1), 2(IV, C, 2), 2(1V, 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. 27 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 iaw,
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. 27 1404
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-67
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.
f. Existing and proposed right-of-way improvements.
g.
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.
J.
(d) Stormwater drainage, storage and treatment requirements.
(1) Topography and grading. 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 after meeting on-site
storage requirements, as listed in this section. 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.
(2) On-site storage. The applicant will be required to provide on-site storage, such that
there is no increase in the rate or volume of flow to off-site, from every developed or
redeveloped parcel, and provide documentations and calculations to demonstrate
compliance. Subdivisions and developments previously permitted by the St. Johns
River Water Management District (SJRWMD), and have an in -compliance retention/
Supp. No. 27 1437
§ 24-67 ATLANTIC BEACH CODE
detention system that collects and controls run-off, are exempt. The requirement for
on-site storage may be waived by the director of public works if storage is determined
to be unnecessary or unattainable.
Volume calculations for lots that require on-site storage should be based on the
difference in run-off volume generated by the new impervious area ("delta volume")
and would be calculated by:
V = CAR/12, where
V = volume of storage in cubic feet,
A = area of the lot in square feet,
R = Twenty-five (25) year and twenty-four (24) hour rainfall depth (9.3 inches) over the
lot area, and
C = run-off coefficient, which is 0.6 for the fifty (50) percent maximum imperviousness,
0.4 for twenty-five (25) percent imperviousness, and 0.2 for zero (0) percent impervi-
ousness.
This delta volume (post V minus pre V in cubic feet) must be stored at least one (1) foot
above the wet season water table and below the overflow point to off-site (in many
cases this may be the adjacent road elevation). As an option, and as approved by the
director of public works, the owner of the parcel to be developed or redeveloped may
implement, at the applicant's cost, off-site storage and necessary conveyance to control
existing flood stages off-site.
(3) Flood plain storage. There shall be no net loss of storage for areas in the 100 -year
floodplain, where a floodplain elevation has been defined by either the Federal
tuueigeucy viainagemuen, Agency (F ETvA) on flood insurance rale maps (FIRlvs), the
1995 Stormwater Master Plan, the Core City project, or the 2002 Stormwater Master
Plan Update (e.g., Hopkins Creek). Site grading shall create storage on-site to mitigate
for filling of volume on-site. This storage is in addition to the storage required for the
increase in impervious area.
(4) Stormwater treatment. Stormwater treatment shall be provided for a volume equiva-
lent to either retention or detention with filtration, of the run-off from the first one (1)
inch of rainfall; or as an option, for facilities with a drainage area of less than one
hundred (100) acres, the first one-half (V12) inch of run-off pursuant to Chapter 62-25,
Florida Administrative Code (FAC). No discharge from any stormwater facility shall
cause or contribute to a violation of water quality standards as provided in Section
62.302 of the Florida Administrative Code. This treatment volume can be included as
part of the on-site storage requirement in item d(2) of this section.
(5) NPDES requirements. All construction activities shall be in conformance with the
City's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition
to the requirements of the water management district and the Florida Department of
Environmental Protection. NPDES requirements include use of best management
Supp. No. 27 1438
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-69
practices (BMPs) prior to discharge into natural or artificial drainage systems.
Beginning May 1, 2003, all construction projects of one (1) acre or more will require a
NPDES permit.
(6) Enforcement. Subsequent to approval of a property owner's final grading, including
on-site and/or flood plain storage and stormwater treatment, the improvements shall
be maintained by the property owner. Failure to maintain the improvements will
require restoration upon notification by the director of public works, within a
stipulated timeframe. If restoration is not timely completed, the city shall have the
right to complete the restoration and the city's actual costs incurred, together with a
charge of one hundred (100) percent of said costs to cover the city's administrative
expenses, shall be charged to the owner.
(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; Ord. No. 90-03-180, 3-24-03)
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)
Sec. 24-69. Fees.
Pursuant to section 24-46(4), the city commission for the City of Atlantic Beach hereby
establishes the following fees related to the administrative costs of carrying out the require-
ments of this chapter. These fees shall be payable to the city at the time such application or
request is filed. Applications for planning and zoning related requests shall not be considered
as complete applications until such time as required fees have been paid in full.
(1) Appeals $50.00
(2) Determinations of vested rights 50.00
(3) Change in zoning district classification 500.00
Supp. No. 27 1438.1
§ 24-69 ATLANTIC BEACH CODE
(4) Use -by -exception 250.00
(5) Zoning variance 150.00
(6) Development review:
a. Single- and two-family uses 50.00
b. Multi -family uses, per dwelling unit 100.00
c. Commercial and industrial uses 300.00
d. Public and institutional uses 300.00
e. Landscape plan 100.00
(7) Subdivision:
a. Application for waiver 250.00
b. Application for re -plat 250.00
c. Concept plan review 150.00
d. Preliminary plat review 250.00
e. Final plat approval (plus recording fees) 100.00
(8) Comprehensive plan amendment:
a. Less than ten (10) acres 250.00
b. Greater than ten (10) acres 250.00
(9) Zoning, subdivision and land development regulations 15.00
(10) Comprehensive plan document 15.00
(11) Zoning and comprehensive plan maps (each) 5.00
(Ord. No. 90-02-177, § 1, 9-23-02)
Secs. 24-70-24-80. 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
Supp. No. 27 1438.2
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-82
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. 27 1438.3
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. 27 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
relocation, the requirements of this section shall be complied with in full.
(Ord. No. 90-01-1'72, § 2, 11-26-01)
Sec. 24-171. Commercial corridor development standards.
(a) Intent. The following additional standards and requirements shall apply to those lands
within all commercial zoning districts that are located along arterial street corridors within
the city. The intent of these additional requirements is to: enhance the aesthetic and physical
appearance of these gateways into the city; enhance and retain property values; promote
appropriate redevelopment of blighted areas; and to create an environment that is visually
appealing and safe for pedestrians, bicycles and vehicular traffic.
(b) Delineation of commercial corridors. Within the city, commercial corridors shall be
defined as the lands extending a depth of one hundred (100) feet from the outer edges of the
rights-of-way along Mayport Road and Atlantic Boulevard, in those zoning districts designated
as commercial general (CG), commercial limited (CL) and commercial, professional office
(CPO). The commercial corridors shall also include the rights-of-way, and in the case of a single
development project within the commercial corridor, which involves parcels contiguous to the
defined commercial corridors, these requirements shall apply to all land that is part of such
development project.
Supp. No. 27 1486
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171
(c) Building form and finish materials. The following general provisions shall apply to all
development in the commercial corridors.
(1) Roofs, which give the appearance of a flat roof from any street side of the building, are
prohibited. Roofs may be gabled, hipped, mansard or otherwise designed so as to avoid
the appearance of a flat roof from the adjoining street.
(2) Open bay doors and other similar large doors providing access to work areas and
storage areas shall not open towards or face the commercial corridors.
(3) The exterior finish of new buildings, and also exterior finish alterations and additions
to the front and any street side, or any side visible from adjoining residential
properties, of existing buildings shall be of brick, wood, stucco, decorative masonry,
exterior insulation and finish systems (EIFS), architectural or split -face type block, or
other finish materials with similar appearance and texture. Metal clad, corrugated
metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall
not be permitted as exterior finish materials on the front and any street side of a
building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors,
windows and architectural detail, shall not be permitted.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that
externally illuminated monument signs are encouraged. To encourage the use of such signs,
those signs constructed of a solid material such as wood, masonry or high-density urethane,
and externally -illuminated in a manner that washes the sign in indirect light from a
fluorescent ground source shall be entitled to a fifty (50) percent reduction in sign permit fees.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and
safety. Direct lighting sources shall be shielded or recessed so that excessive light does not
illuminate adjacent properties. Light poles with luminaire that automatically cut-off after
normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed
fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet
in height. Proposed lighting shall be shown on all plans submitted for review.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing
shall be prohibited in any required front yard and in any required yard adjoining a street.
Where such fencing is otherwise placed on a parcel, but remains visible from the commercial
corridor, landscaping shall be installed which substantially conceals such fencing.
Where such fencing, as described above is lawfully pre-existing, a period of four (4) years
from the effective date of these regulations shall be extended during which all fencing shall
be made consistent with the above provisions.
(g) Landscaping and required buffers. The requirements of article III, division 8 of this
chapter shall apply, except that the following additional requirements shall also apply to new
development and to redevelopment that is subject to the requirements of division 8. Required
buffers and landscape materials shall be depicted on all plans submitted for review.
(1) A ten (10) foot wide buffer shall be required along the entire parcel frontage of the
commercial corridors, except for driveways. This buffer shall consist of trees as
Supp. No. 27 1486.1
§ 24-171 ATLANTIC BEACH CODE
required by division 8 and shall also contain a continuous curvilinear row of evergreen
shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of
debris and litter and shall be maintained in a healthy condition.
(2) Along the front of the principal building, a six (6) foot wide area shall be maintained
between the building and the parking area or any walkway. This area shall be used for
landscaping.
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only
organic mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape
materials that are drought and heat resistant is strongly encouraged. Unhealthy or
dead landscape materials, including sod and ground covers shall be replaced within
thirty (30) days of written notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers,
provided that required landscape materials are provided.
(Ord. No. 90-03-178, § 1, 1-27-03)
Secs. 24-172-24-175. 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 shxlul mean the required treatment of areas between different ctassifluttu-s ofuses
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. 27 1486.2
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) T}•ee 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 appropriate and lawful division of land is a vital step in
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
*Editor's note—Ord. No. 90-03-182, § 1, adopted May 12, 2003, amended Art. IV in its
entirety. Formerly, Art. IV pertained to similar subject matter, consisted of divs. 1-5,
§§ 24-186-24-258, and derived from Ord. No. 90-01-172, § 2, adopted November 26, 2001.
Supp. No. 27 1493
§ 24-186 ATLANTIC BEACH CODE
by each new subdivision, involving the maintenance of streets, drainage, utilities and other
health facilities and the provision of additional public services. In that the general welfare,
health, safety and convenience of the community are directly affected by the use and division
of land, it is in the interest of the public that development be designed and constructed in
accordance with sound rules and proper standards. The purpose and intent of this article is as
follows:
(a) To establish reasonable and equitable standards of design and procedures for the
division and development of land that will encourage stable communities and healthy
living environments, and which preserve environmentally sensitive lands and the
natural beauty of the city.
(b) To ensure that public facilities, utilities and infrastructure will have a sufficient
capacity to serve the residents of land proposed for developinent and to ensure that
adopted level of service standards as established by the comprehensive plan are not
diminished.
(c) To prevent 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; pedestrian traffic movements
appropriate to the various uses of land and buildings, and to provide for the proper
location, width and design of streets.
(d) To coordinate the establishment of streets, drainage and utilities in an orderly planned
manner to ensure protection of the environment and to promote the general welfare of
the city.
(e) To enhance protection from fireflood and other dangers.
(f) To provide for adequate light, air, privacy and to prevent the overcrowding of land and
congestion of the population.
(g) To ensure proper legal descriptions and monumentation of subdivided land.
(h) To prevent or reduce the pollution of air, streams and ponds; to ensure the adequacy of
drainage facilities; to safeguard the water quality and resources; 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.
(i) To provide for open spaces and recreational areas through the most efficient design and
layout of the land.
(j) To guide the future growth and development of the city, in accordance with the adopted
comprehensive plan, the specific provisions of this article and other applicable
requirements of these land development regulations.
(Ord. No. 90-03-182, § 1, 5-12-03)
Supp. No. 27
1494
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-189
Sec. 24-187. Subdivision and subdivision improvements defined.
(a) Subdivision defined. For the purposes of this article, subdivision shall mean the division
of land into three (3) or more lots or parcels, which may include establishment of new streets
and alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and
utilities. The term subdivision shall also include replat and the division of previously recorded
subdivisions when three (3) or more lots or parcels are created, and when appropriate to the
context, subdivision also relates to the process developing land.
(b) Improvements defined. For the purposes of this article, subdivision improvements may
include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley
pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or
drains, street names, signs, street lights, landscaping, permanent reference monuments
(PRMs), permanent control points (PCPs), monuments, or any other improvement as may be
required by the city commission or these land development regulations.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-188. Requirements for approval and recording of a final subdivision plat or
a replat.
(a) No building permits shall be issued for any land that has been divided, or any lot that
has been created, except in compliance with the requirements of division 2 of this article and
the requirements of Chapter 177, Part I, Florida Statutes. Approval of a final subdivision plat
or a replat shall be required when any of the following conditions result from the division of
land.
(1) The division of any land will create three (3) or more contiguous lots or parcels.
(2) The division of land, or the change to a previously recorded plat, platted lot or lot of
record, will alter an access point, other than a private driveway, change a street as
shown on a recorded plat, or change any area dedicated for shared public use,
recreation, open space, buffering, easement or designated preservation area.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-189. Exemptions from the requirement for approval and recording of a final
subdivision plat or replat.
(a) Building permits may be issued following divisions of land without the need for approval
of a final subdivision plat or a replat only in accordance with each the following provisions.
(1) The division results in no more than two (2) contiguous lots or parcels.
(2) The resultant new lots comply with the minimum lot area, width and depth, and access
requirements of the applicable zoning district, the comprehensive plan and all other
applicable requirements of these land development regulations.
(3) The division and the resultant new lots shall not create any nonconforming structures
or any other nonconforming characteristic.
Supp. No. 27 1495
§ 24-189 ATLANTIC BEACH CODE
(4) Approval by the designated administrative official of a certified survey depicting the
proposed new lots verifying compliance with the above requirements. Such certified
survey shall be submitted to the city and approved prior to recording of a deed for
transfer of ownership of lands, and shall be recorded as an addendum to the deed. It
shall be the responsibility of the property owner(s) to provide evidence of the approved
certified survey along with any application for building permits.
(b) Townhouses and residential dwellings held in fee -simple ownership. Townhouses and
two-family dwellings, when divided in ownership, shall not constitute a division of lands
requiring approval of a final subdivision plat or a replat, provided that such dwellings are
otherwise in compliance with these land development regulations and the comprehensive plan.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-190. Multiple lots and parcels treated as a single development parcel.
In the case where more than one (1) parcel, platted lot or lot of record has been combined
and developed as a single development parcel, such lots shall not later be developed as a single
lot, unless all requirements for development as a single lot shall be met, including but not
limited to impervious surface area limitations and provision of all required yards for all
structures.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-191. 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
zltc� rc mss;,.
(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 this chapter, the comprehen-
sive 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. 90-03-182, § 1, 5-12-03)
Supp. No. 27 1496
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-203
Sec. 24-192. Vacation of previously recorded subdivision plats.
An applicant may apply for the vacation of a recorded plat, or a portion of a plat by written
application to which a copy of the plat shall be attached requesting the same to be vacated.
Vacation of plats shall require approval by resolution of the city commission, and such vacation
shall be approved only in accordance with Chapter 177.101, Florida Statutes.
(Ord. No. 90-03-182, § 1, 5-12-03)
Secs. 24-193-24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
(a) Unlawful division of land. It shall be unlawful for any person to submit a plat, replat,
or certified survey as required by section 24-189, 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 or replat has been approved in accordance with the provisions of
this article.
In the event that an unapproved final subdivision plat, replat, certified survey as required by
section 24-189, or any division of land, is recorded, no building permit or other type of permit
authorizing any development shall be issued until such division is approved in accordance with
the requirements of this article.
(b) No final subdivision plat shall be approved, and no building permit shall be issued in the
case that development of such lands will result in a deficiency in the adopted level of service
standard for any public facility as established by the comprehensive plan.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-202. Plat review and approval procedure.
The requirements of each of the following reviews shall be met prior to the recording of a
final subdivision plat or replat, and prior to the issuance of any building permit.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-203. Stage 1 review: Concept plan and information required for review.
(a) Purpose and intent. The concept plan review provides for administrative review by the
planning and zoning, building, utility and public works departments, and other city staff as
may be appropriate. Seven (7) copies of the following information are required to be submitted
along with any application form and the established review fee. (A concept plan review shall
not be required for previously approved planned unit developments.)
(b) Information required for review.
(1) The name, address and contact information of the property owner of record, and proof
of ownership.
Supp. No. 27 1497
§ 24-203 ATLANTIC BEACH CODE
(2) The name, address and contact information of the developer or any authorized
agent(s), accompanied by proper owner's authorization.
(3) A current certified survey and legal description.
(4) A proposed conceptual site plan superimposed upon a boundary survey depicting each
of the following.
a. Location and width of all street rights-of-way; pavement width and curb detail.
b. Name and right-of-way width of all existing streets adjoining the proposed
development.
c. Sidewalks, pedestrian pathways and connections to any sidewalks outside of the
proposed development.
d. Lot layout with lot dimensions.
e. Any existing and proposed easements.
f. Any natural features including environmentally sensitive lands, lakes, wetlands
and estuarine environments, natural or manmade waterways or waterbodies,
and any designated floodways.
(c) Review process. Upon receipt of a complete and proper application containing all above
required information, copies of the concept plan shall be distributed to appropriate depart-
ments for review and comment. Review comments shall be provided to the applicant in writing
within fifteen (15) days of receipt of the complete and proper application.
(d) Time limit. Comments provided as a result of the concept plan review shall remain valid
for a period of six (6) months. In the event that a preliminary plat is not submitted to the city
within this p.crxor.d� of time, a re submittal ofthu ucoNcplan and review fees
shall be required.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-204. Stage 2 review: Preliminary plat and information required for review.
(a) Purpose and intent. The purpose of the preliminary plat review is to determine that
comments resulting from the concept plan review have been addressed and to determine
compliance with the requirements of Chapter 177, Part I, Florida Statutes, the comprehensive
plan and these land development regulations prior to approval of the final subdivision plat or
replat. Eleven (11) copies of the following information shall be submitted to the city along with
the any application form and the established review fee.
(b) Information required for review.
(1) A statement addressing how any comments resulting from the concept plan have been
satisfactorily addressed. Failure to fully address such comments may result in
additional review time or rejection of the preliminary plat.
(2) The preliminary plat shall be drawn at a clear and legible scale and shall be prepared
in accordance with the requirements of Section 177.091, Florida Statutes, and shall
Supp. No. 27 1498
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-204
further demonstrate compliance with this article and applicable requirements of these
land development regulations. The following information shall be depicted upon the
preliminary plat.
a. Title block. The title or name of the proposed subdivision; 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, zoning district designation, total number
of lots and minimum lot size.
c. Legal description. A full and detailed legal description of the lands to be platted
and approximate acreage.
d. Vicinity map. A vicinity map, at scale, depicting 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 number, or if un -platted, the adjacent land shall be so
designated.
The location and proposed name of streets, right-of-way and pavement widths,
both within and immediately contiguous to the lands included in the plat.
Existing and proposed public or private open space, buffers, natural and
man-made lakes, waterways, water bodies, wetlands and environmentally sen-
sitive lands.
g.
h. Existing and proposed public and private easements shall be shown on the plat.
The purpose for the easement shall be noted on the plat.
i. Parks and recreation dedication. Lands and approximate acreage to be dedicated
pursuant to the requirements of section 24-256 of this article.
Dedications and reservations of all tracts and parcels of land proposed to be
dedicated or reserved for public use, including rights-of-way, roads, easements,
parks, sidewalks, bike or pedestrian trails.
k. Proposed lot lines, with approximate dimensions and lot numbers, shall be
shown.
j•
1. Contour intervals of one (1) foot, except where determined to be unreasonable or
unnecessary by the designated administrative official.
(3) Preliminary engineering drawings. Eleven (11) copies of preliminary engineering
drawings shall be submitted for distribution and review by appropriate city depart-
ments. Preliminary engineering drawings shall depict the general location of the
following.
a. Water system lines and support facilities.
b. Sewer system lines, any lift stations and support facilities.
c. Stormwater and drainage facilities, easements and other such features.
Supp. No. 27 1499
§ 24-204 ATLANTIC BEACH CODE
d. Any bulkheads.
e. Street profiles.
f. Sidewalks, bicycle paths and pedestrian paths.
g. Excavation and fill areas including any impacted wetlands.
(c) Review process. Upon receipt of a complete and proper application for the proposed
preliminary plat, copies shall be distributed to appropriate departments for review and
comment. Review comments shall be provided to the applicant in writing within fifteen (15)
days of receipt of the complete and proper application.
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 concerning the proposed plat
including any outstanding 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 upon the requirements of these land development regulations, the compre-
hensive plan and other conditions which may be unique to the land proposed for
development.
(d) Time limit. An approved preliminary plat shall be valid for twelve (12) months. If the
applicant has failed to obtain final subdivision plat approval within twelve (12) months of
preliminary plat approval, the preliminary plat approval shall expire, and the applicant shall
be required to re -apply in accordance with the provisions of this article.
(e) It shall be unlawful to construct any improvement without approval of a final
subdivision plat and issuance of a valid building permit authorizing development.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-205. Stage 3: Final subdivision plat review and approval.
(a) Purpose and intent. The purpose of the final subdivision plat review is to ensure that the
proposed final subdivision plat meets all requirements of Part I, Chapter 177, Florida
Statutes, all requirements of these land development regulations and other applicable
regulations prior to approval by the city commission and prior to recording. For a period of
twelve (12) months after approval of the preliminary plat, the final subdivision plat may be
filed with the city for approval. In accordance with division 4 of this article, the city
commission may require assurances and security for the construction and maintenance of
required Improvements.
(b) Information required for review.
(1) Final subdivision plat review. Eleven (11) copies of the final plat shall be submitted to
the city and shall be prepared in accordance with the design standards and require -
Supp. No. 27 1500
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-205
ments established in these land development regulations and Part I, and Chapter 177,
Florida Statutes, as may be amended. The final subdivision plat shall be consistent
with the approved preliminary plat.
(2) The final subdivision plat shall be prepared by a registered land surveyor in
accordance with the requirements of Section 177.091, Florida Statutes and shall be
clearly and legibly drawn in black permanent drawing ink. The final subdivision plat
shall be drawn on eighteen (18) by twenty-six (26) inch Mylar or as required for
recording in the official records of Duval County. The final subdivision 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 the same scale and 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. The following shall also be included.
a. Boundary survey and title certification as required by Florida Statutes, Chapter
177.041.
b. Name of new subdivisions and replats. As required by Florida Statutes, Chapter
177.051, every new final subdivision plat, and any section, unit or phase therein,
as well as any replat of a previously recorded final subdivision plat, shall be given
a name by which the subdivision shall be legally known.
c. Every final subdivision plat shall be prepared, signed and sealed by a registered
land surveyor as required by Florida Statutes, Chapter 177.061.
d. Dedication of improvements. All public improvements or property designated for
public purpose on any final subdivision plat, including but not limited to, all
streets, alleys, easements, rights-of-way, parks, recreation amenities, open space,
buffers and protected areas shall be expressly dedicated on the face of the final
subdivision plat. 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, fiber optic,
digital or cable television lines, gas lines and any other public utility service lines
and appurtenances located within the tract prior to recording.
e. Any special conditions, including building restriction lines that may exceed the
zoning district minimum yard requirements, or other unique requirements shall
be noted on the final subdivision plat.
f. If required, assurance for the performance of construction, completion, mainte-
nance and warranty of all improvements shall be submitted as set forth within
division 4 of this article.
(3) Approval or denial by city commission. Upon receipt of all required information, the
community development director shall, within thirty (30) days, schedule the final
Supp. No. 27 1501
§ 24-205 ATLANTIC BEACH CODE
subdivision plat for public hearing before the city commission. 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 plat for recording, based upon
compliance with the required certifications and security requirements and with the
other requirements and provisions of this article and other applicable policies,
ordinances, laws and regulations.
If substantial changes to lot, block or street layout or lot sizes occur at any time after
the consideration by the community development board, another review by that board
shall be conducted prior to submittal of the final subdivision plat to the city
commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the city commission, said final
subdivision plat shall be signed by the mayor and shall then 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 other 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. Four
(4) copies of the recorded final subdivision plat shall be provided to the city.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-206. Construction plans and building permits.
(a) intent. An applicant shall obtain a single building permit for the construction of all
infrastructure improvements included within the final subdivision plat. The applicant shall
not submit construction plans for subdivision improvements, as required by this article, until
the final subdivision plat is approved and recorded, or before any required performance bonds
or other assurances are secured. The construction plans shall provide security required for the
performance of such construction. Once the improvements are completed, a certificate of
completion shall be issued, and a maintenance bond shall be submitted, as required by this
article.
(b) Required submittals. The applicant requesting a building permit under the above
procedures shall submit to the building department four (4) sets of construction plans designed
in accordance with the requirements of this article for the construction of roads, sidewalks,
bikeways, drainage and stormwater 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 shall 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
Supp. No. 27 1502
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-220
applicable state, federal and local land development regulations. Permits from any other state
or federal jurisdiction having permitting authority shall be obtained by the developer and
provided to the city prior to issuance of a building permit.
(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 water system in the
subdivision.
(d) Certification of permanent reference marker location. Prior to the issuance of a building
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.
(e) Issuance of a building permit. After approval by appropriate reviewing departments, the
building official shall issue a building permit for the construction of the required improve-
ments in accordance with the approved construction plans, the final subdivision plat and the
requirements of this article. The building permit shall be posted by the developer in a
conspicuous place in the open at the construction site.
(f) Term and expiration of building permit. A building permit issued in accordance with this
section shall be void and expired if construction does not commence within one hundred eighty
(180) days of issuance of said building permit. Upon written request to the city commission,
and upon finding that the developer has demonstrated good cause, the commission may
authorize the building official to extend the building permit for a defined period of time.
(g) Unlawful to construct without a building permit. It shall be unlawful for any person to
construct any improvement or any part of an improvement within the lands that are part of a
subdivision or a site plan without a valid, unexpired building permit issued 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 subdivision without a valid building
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 exists shall constitute a separate
offense.
(Ord. No. 90-03-182, § 1, 5-12-03)
Secs. 24-207-24-220. Reserved.
Supp. No. 27 1503
§ 24-221 ATLANTIC BEACH CODE
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.
(a) Streets designed and constructed according to the standards and requirements of this
article.
(b) Sidewalks designed and constructed according to the standards and requirements of
this article.
(c) 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 subdivision in accordance with the Florida Uniform Manual of Traffic Control
Devices, as published by the Florida Department of Transportation.
(d) Drainage and stormwater 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.
(e) A sanitary sewer system or an approved individual sewage disposal system in the
absence of access to a central sewer system, based on the requirements of the State of
Florida regulating the sanitary facilities for subdivisions, the provisions of this article
or other applicable policies, laws, ordinances and regulations. (See section 24-260.)
(0 A centralized water system, unless an individual water supply system is permitted,
based upon the required standards of the State of Florida, the provisions of this article
and other applicable policies, laws, ordinances and regulations.
(g) Parks and recreation dedication, as specified in section 24-256 of this article.
(h) Electric, 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.
(i) 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 unique to the land.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-222. Planned unit developments (PUDs).
For development of a 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
Supp. No. 27 1504
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-232
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:
(a) Such waiver does not violate the purpose and intent of this chapter necessary for the
protection of the public health, safety and welfare in the subdivision of land;
(b) All procedures specified in this article for the approval of a final subdivision plat for
recording or the issuance of a certificate of completion, as the case may be, are strictly
adhered to; and
(c) All exhibits, certificates and information, required in this article for the approval of a
preliminary plat, the final subdivision plat and the issuance of a certificate of
completion, are strictly adhered to under the applicable procedures.
(d) No waiver shall be granted to vary minimum right-of-way and paving width require-
ments.
(Ord. No. 90-03-182, § 1, 5-12-03)
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 building permit. Further, such construction may commence only after recording of the final
subdivision plat, and only after any required performance bonds or other assurances are
secured.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-232. Performance security.
(a) The final subdivision plat shall be certified by the developer and countersigned by the
designated administrative official verifying 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
Supp. No. 27 1505
§ 24-232 ATLANTIC BEACH CODE
administrative official has inspected the improvement 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 resolution
approving the final subdivision plat and after any extensions granted have expired.
(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 (60) days' 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 resolution approving
the final subdivision plat or after any extensions granted have expired.
(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 resolution approving the final subdivision plat, all work required shall 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 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
designated administrative 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 resolution approving the
final subdivision plat and after any extensions granted have expired.
(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 established time for completion
of improvements. The time for completion of improvements shall be as specified within the
resolution 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
Supp. No. 27 1506
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-235
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. 90-03-182, § 1, 5-12-03)
Sec. 24-233. Maintenance security.
Where the city is requested to accept maintenance of any public improvement within the
subdivision, 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 developer does not replace or repair any public improve-
ments, which are defective in materials or workmanship or which were not constructed in
compliance with the approved construction plans. 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 developer 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. 90-03-182, § 1, 5-12-03)
Sec. 24-234. Inspections.
(a) As improvements are being constructed within the subdivision, the building official and
authorized staff or consulting engineer shall have the right to inspect improvements. The
building official or authorized representative shall be specifically notified of the commence-
ment and completion of all of the following.
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete structures when steel is in place prior to pouring.
(4) Stabilized sub -grade.
(5) Curb and concrete work.
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the building official of the commencement and completion of the
construction may be good cause for the refusal to issue a certificate of completion.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-235. Issuance of certificate of completion.
Upon completion of construction of all required improvements, the developer shall provide
the building official the following.
(a) A letter stipulating that the construction of the improvements has been completed and
requesting final inspection and approval.
Supp. No. 27 1507
§ 24-235 ATLANTIC BEACH CODE
(b) The testing reports and certificates of compliance from material suppliers specified in
this article.
(c) Three (3) sets of as -built construction plans.
(d) Certification from a registered engineer, with his seal affixed, that the improvements
have been constructed in conformity with the approved construction plans.
(e) Upon receipt and review of the above items, and after satisfactory final inspection, a
certificate of completion shall be issued by the building official.
(Ord. No. 90-03-182, § 1, 5-12-03)
Secs. 24-236-24-250. Reserved.
DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required improvements shall be designed by a Florida registered professional engineer.
Construction plans shall be prepared in accordance with applicable local, state and federal
standards. Construction plans shall be approved by the city prior to construction of improve-
ments, and issuance of a building permit shall constitute approval to commence development.
The requirements within this division shall apply to all improvements and all development, as
set forth herein, including improvements within subdivisions, planned unit developments,
approved site plans, and any other development projects, including individual lots and parcels,
where applicable. Construction plans shall address each of the following requirements and
shall provide sufficient information to demonstrate compliance with all applicable require-
-1111'111-g of these land development regnlatinnq, t'1P Florida Rn.,lding Code and any other
applicable state or federal regulations.
(a) Conformity to city policies. The division and development of land subject to these
regulations shall be in conformance with the goals, objectives and policies of the
comprehensive plan as well as all other applicable local, state and federal require-
ments regulating the division and development of land.
(b) Use of natural features. The arrangement of lots and blocks and the street system shall
make the most advantageous use of topography, shall preserve mature trees, other
natural features and environmentally sensitive areas, wherever possible.
(c) Soil and flood hazards. A final subdivision plat shall not be approved unless all land
intended for use as building sites can be safely and reasonably used for building
purposes without danger from flood or other inundation, or from adverse soil or
foundation conditions, or from any other menace to health, safety or public welfare. In
particular, lands that are within the one hundred (100) year flood -prone areas, as
designated by the Federal Emergency Management Agency, Federal Insurance Admin-
istration, shall not be subdivided and developed until proper provisions are made for
protective flood control measures and stormwater management facilities necessary for
Supp. No. 27 1508
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-252
flood -free access to the sites. All lots and building sites shall be developed such that
habitable space is constructed at a minimum finished floor elevation of eight and
one-half (8.5) feet above mean sea level. Flood protection provisions shall 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 impacts to water quality.
(d) General construction methods. All design and construction methods shall conform to
the requirements of these land development regulations and all design and construc-
tion 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.
(e) Paving and drainage engineering plans, which demonstrate compliance with the
stormwater management provisions of section 24-67 of these land development
regulations depicting all necessary elevations, treatment of intersections, design grade
of pavement, the width of right-of-way, width and type of pavement. Topographic
information depicting existing and proposed ditches, swales, major drainage channels
and other drainage facilities and systems shall also be provided.
(1)
Typical sections showing details of proposed pavement, sidewalk, wearing sur-
faces, curbs, swales, canals, shoulders, slopes, drainage structures and other
items of major construction.
(2) Profile sheets of all streets and underground structures to be constructed,
together with elevations shown for existing streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared
by a Florida licensed geotechnical engineer based on field testing of existing soils.
Said design recommendation shall be submitted prior to the commencement of
any street construction or any construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control
barriers as may be required to prevent erosion and displacement of soil or sand,
shall be shown on paving and drainage engineering plans, and shall be installed
prior to the commencement of any land clearing or development.
(Ord. No. 90-03-182, § 1, 5-12-03)
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 use of the land to be served by the streets.
Supp. No. 27 1509
§ 24-252 ATLANTIC BEACH CODE
(b) Arrangement of streets. The arrangement of new streets within a subdivision or new
development project shall:
(1) Conform with the traffic circulation element of the comprehensive plan.
(2) Be interconnected with the existing street system so as to provide for vehicular
connections between neighborhoods.
(3) New local streets shall be designed in a manner which discourages use by through
traffic.
(c) Access to paved streets required. Every lot, development parcel or new subdivision shall
have access to a paved street dedicated to public use, which has been accepted and maintained
by the city. It shall be the responsibility of the developer to design, construct and pave streets
in accordance with the requirements of division 5 of this article. A certificate of completion
shall be issued prior to acceptance of any public street by the city and prior to the issuance of
any building permit to develop individual lots or parcels.
(1) Any subdivision of land, which creates more than ten (10) residential lots shall provide
two (2) separate access points, unless other provisions, such as permanent easements,
are made for emergency ingress, and provided that such entrances will not adversely
affect the overall street system.
(2) New subdivisions, which utilize private security gates or other types of restricted
access, shall provide a universal emergency access system at each entrance.
(d) Private streets providing access to individual lots shall be constructed and maintained
in accordance with division 5 of this article. Provision for the continued private maintenance
of any private street shall be provided to the city prior to issuance of any building permit.
(e) Where the impact of new development can be demonstrated to reduce any transporta-
tion related level of service standard as established by the adopted comprehensive plan,
additional right-of-way may be required by the city to maintain adequate roadway capacity,
public safety or to ensure adequate access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public streets shall
be prohibited except where irrevocable control of such reserve strips is placed with the city.
(g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible
at right angles, and no street shall intersect any other street at less than a sixty (60) degree
angle. Offset intersections, which may be created by new streets, shall be prohibited except
where removal or damage to any private protected tree or public protected tree may be avoided
by such offset intersection.
(h) 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.
Supp. No. 27 1510
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-252
(i) 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 RIGHT-OF-WAY
Major Collector Street
Minor Collector Street
Local Street: Without curb and
gutter
Local Street: With curb and
gutter
Cul-de-sacs and loop streets
not exceeding 1500 feet in
length: Without curb and gut-
ter
With curb and gutter
Alley: Commercial
Alley: Residential
84 feet
60 feet
60 feet
50 feet
60 feet*
50 feet*
30 feet
20 feet
PAVING WIDTH
28 feet
24 feet
20 feet
24 feet
20 feet*
20 feet*
12 feet
10 feet
*Required for linear portion
of cul-de-sacs and loop Streets.
See following paragraph (i)
for dimension of turn-arounds.
(j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited
except when designed as cul-de-sacs. These 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, or number of lots to be located on the same, a greater length
may be deemed necessary. A circular turnaround shall be provided at the terminus of the
cul-de-sac. The circular area shall contain right-of-way with a diameter of not less than
seventy-five (75) feet as measured from adjoining property lines. The diameter of the paved
area shall be not less than sixty (60) feet as measured from edge of curb. The city may
authorize a "T" type design of proper size for vehicular turnaround as required by the director
of public works. Temporary turnarounds shall be provided at the end of streets, which are to
be extended in the later stages or phases of the development.
(k) Street names and house numbers. Street names shall conform to any established street
naming 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. The assignment
of the address shall be determined by the building official.
Supp. No. 27 1511
§ 24-252 ATLANTIC BEACH CODE
(1) Shared driveways. The use of shared private driveways shall be permitted subject to
provision of a shared access easement or other legally binding agreement between all parties
using such access. A copy of the recorded easement or agreement shall be provided to the city
prior to issuance of a building permit.
(Ord. No. 90-03-182, § 1, 5-12-03)
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.
(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 required.
(e) No city expense. Easements required by these land development regulations within
proposed developments shall be provided at no expense to the city.
(f) The abandonment or vacation of beach access easements shall be prohibited.
(Ord. No. 90-03-182, § 1, 5-12-03)
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 district requirements as to lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of street and pedestrian
traffic and fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between
intersecting streets, except that the city commission may approve blocks of greater length.
(Ord. No. 90-03-182, § 1, 5-12-03)
Supp. No. 27 1512
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-257
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 shall
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.
(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. All lots shall be provided with satisfactory and permanent access to a
paved public street. No new lot shall be created, which prohibits established access or
reasonable access to an abutting property.
(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. 90-03-182, § 1, 5-12-03)
Sec. 24-256. Provision for required recreation.
New subdivisions containing ten (10) or more acres shall be required to provide a minimum
of one (1) acre dedicated for recreation purposes. Arequirement of one (1) acre per each ten (10)
acres, or fractional portion thereof, shall be required for new subdivisions exceeding ten (10)
acres in size. A minimum of fifty (50) percent of lands required for recreation shall contain
active recreation facilities such as ball -fields or multi-purpose fields, tennis courts, skateboard
facilities, swimming pools and the like.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-257. Required monumentation.
(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 designated
administrative official.
Supp. No. 27 1513
§ 24-257 ATLANTIC BEACH CODE
(b) Permanent reference markers. A sufficient number of permanent reference monuments
shall be set in each residential subdivision, and 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 designated
administrative 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 shall be placed before the developer is released from any
required 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 designated administrative official may
accept a certification from the developer's surveyor that the requirements of this division have
been satisfied.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-258. 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 protected trees, or environmentally sensitive areas, or other natural features, the city
may vary from this section where aesthetic and environmental conditions shall be enhanced.
No rights-of-way shall be cleared prior to approval of construction plans, and issuance of a site
clearing and tree removal or relocation permit as required by chapter 23 of the Code of
Ordinances.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-259. Centralized sewer and water services.
(a) New subdivisions shall be required to provide centralized water and sanitary sewer
systems.
Supp. No. 27 1514
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-260
(b) The use of private wells and septic tanks shall be in accordance with the requirements
of Chapter 64E-6, Florida Administrative Code. New septic tanks shall further be subject to
the provisions of following section 24-260.
(Ord. No. 90-03-182, § 1, 5-12-03)
Sec. 24-260. Installation of septic tanks, private wastewater, and on-site sewage
treatment and disposal systems.
New lots or parcels, which are created pursuant to the exemptions from the requirement for
approval and recording of a final subdivision plat or replat as set forth within section 24-189,
shall contain a minimum lot area of one (1) acre, exclusive of wetlands, in order to use private
wastewater systems and septic tanks, or any type of on-site sewage treatment and disposal
systems, except that any lot within one -hundred (100) feet of any central sewer line shall be
required to connect to central services as required by chapter 22, article III of this Code of
Ordinances without respect to size of the lot or parcel.
(Ord. No. 90-03-182, § 1, 5-12-03)
[The next page is 1983]
Supp. No. 27 1515
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
10-02-21 1-28-02 1 3-2
90-02-174 2-11-02 1 24-163(b)(2)
05-02-37 7- 8-02 1 2-2
70-02-15 8-12-02 20-76, 20-77
60-02-12 9- 9-02 2 Added 17-1-17-64
3 Rpld 17-1-17-35
90-02-176 9- 9-02 1 24-66
5-02-38 9-23-02 1 2-368
25-02-33 9-23-02 1 6-37
2 6-59
3 6-77
80-02-65 9-23-02 2 22-335(a)
90-02-177 9-23-02 1 Added 24-69
5-02-39 10-14-02 1 2-20
95-02-79 10-14-02 1-5 Added 23-46-23-50
25-02-32 11-11-02 1 Rpld 6-16-6-23,
6-25-6-28, 6-31,
6-56, 6-76, 6-91,
6-92, 6-141
2 Added 6-16, 6-17
95-02-80 11-11-02 1 12-1(b)
5-02-40 12- 9-02 2-226
Supp. No. 27 2001
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
95-03-83 1-27-03 1 Rpld 5-1-5-31
Added 5-1-5-31
95-03-82 1-27-03 1 Added 5-32
80-02-66 1-27-03 1 22-20
2 22-22
90-03-178 1-27-03 1 Added 24-171
60-03-13 3-24-03 2 17-51
90-03-180 3-24-03 24-67(d)
65-03-32 4-14-03 1 Added 19-5
5-03-41 4-28-03 1 2-316
90-03-182 5-12-03 1 Dltd 24-186-24-258
Added 24-186-24-260
Supp. No. 27 2002
[The next page is 2043]
STATUTORY REFERENCE TABLE
This table shows the location within this Charter and Code, either in the
text or notes following the text, of references to the state law or related
matters.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2
13-201 Ch. 9(note)
23.011 Ch. 14(note)
60.05 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. 27 2053
14-1(a)
21-302(15)
24-17, 24-48
163.3161 Ch. 14(note)
163.3164 24-17
163.3174 14-22
163.3178 6-27
163.3184 24-5, 24-17
163.3194(1) 24-5, 24-17
Ch. 166 Charter(note)
Char., § 4
Char., § 57
Char., § 59
21-302(9)
Ch. 166, Pt. II Char., § 45
Char., § 60
166.031 Char., § 79
166.041 Char., § 18
166.101 Ch. 2, Art. VII
(note)
166.201 Ch. 2, Art. VII
(note)
Ch. 20(note)
166.231 Ch. 20, Art. II
(note)
166.241 2-311
166.0425 Ch. 17(note)
166.0445 24-17
Ch. 170 Ch. 19(note)
Ch. 175 2-272
2-290
175.101 20-77
2-288
175.121 2-288
Ch. 177 24-17, 24-204,
24-205
Ch. 177, Pt. I 24-17,
24-188, 24-204,
24-205
177.27(15) 6-21(j)
177.041 24-205
177.051 24-205
177.061 24-205
F.S.
Section
177.091 24-204, 24-205,
24-257
177.101 24-192
Ch. 180 Ch. 19(note)
Ch. 185 2-290
2-300, 2-303,
2-304, 2-309,
2-310.1, 2-310.4,
2-310.17,
2-310.29
185.02(11) 2-301
185.06 2-303
2-310.16
185.08 20-76
185.16(3) 2-310.6
185.121 2-288
185.185 2-310.22
Ch. 192 Ch. 20(note)
193.116 Char., § 58
196.075 20-82
Ch. 205 Char., § 58
Ch. 20, Art. III
(note)
205.022 20-51
205.042 20-52
205.043(2) 20-57
205.043(3) 20-57
205.053 20-54
205.053(1) 20-53
205.063 20-58
205.196 20-59
Ch. 218 Ch. 2, Art. VII
(note)
218.33 2-311
Ch. 253 24-17
253.12 Ch. 5(note)
286.011 Char., § 14
Ch. 2(note)
309.01 Ch. 5(note)
Ch. 316 Ch. 21(note)
21-1
316.008 Ch. 21(note)
316.008(1)(a)
ATLANTIC BEACH CODE
Section F.S.
this Code Section
316.195
316.1945
Ch. 21, Art. II
(note)
Ch. 21, Art. II
(note)
21-16
Ch. 21(note)
21-17
Supp. No. 27 2054
316.2045
320.823
Ch. 327
335.075
Ch. 367
Ch. 369
Ch. 372
Ch. 373
380.04
381.006
381.031(1)(g)1
381.031(g)3
381.261
Ch. 386
403.0893
403.413
403.415
413.08
Ch. 469
Ch. 479
479.11
Ch. 481, Pt. II
Ch. 489
Ch. 496
496.01
Ch. 513
513.01
Ch. 514
Ch. 538, Pt. I
538.03(1)(a)
Ch. 552
Ch. 553
Ch. 553, Pt. I
553.01
553.15
553.70
553.73
Chs. 561-568
561.01
562.14(1)
562.45(2)
Ch
Ch.
Ch.
Ch.
Section
this Code
19-1
6-23
Ch. 5(note)
Ch. 19(note)
Ch. 22(note)
Ch. 5(note)
Ch. 4(note)
Ch. 8(note)
24-17
4-29
4-29
Ch. 6, Art. VI
(note)
Ch. 22(note)
Ch. 12(note)
21-302(9), (10)
5-4
16-7
Ch. 11(note)
. 3, Art. II(note)
Ch. 6, Art. IV
(note)
Ch. 17(note)
20-59
17-42
24-177(b)
Ch. 6(note)
18-4(g)(6)
20-59
(;h. 18(note)
Ch. 10(note)
10-1
Ch. 6, Art. VI
(note)
21-61
21-60
Ch. 7(note)
Ch. 6(note)
6-21(p)
7-32
6-16
6, Art. IV(note)
6, Art. III(note)
6, Art. II(note)
7-25
3-1
Ch. 3(note)
3-2
3-2
3-4-3-6
STATUTORY REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
590.12 Ch. 7(note) 932.701 Ch. 15,
Ch. 633 Ch. 7(note) Art. II(note)
7-32 943.13 2-262
633.35 2-263 943.14 2-262, 2-301
633.121 Ch. 7(note) 943.22 2-262
633.171 7-27 2-301
Ch. 650 Ch. 2, Art. VI, 943.25(8)(a) 15-1
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
847.001 17-2
876.05 Char., § 68
893.03 13-4
13-5
893.138 2-161
893.147 13-5
[The next page is 2081]
Supp. No. 27 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
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
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
AIR RIFLES, MR 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
Supp. No. 27 2101
CODE
Section
ALCOHOLIC BEVERAGES (Cont'd.)
Sales prohibited
Locations where on -premises sales prohibited 3-5
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
Beach safety zone; animals on 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
See: CODE ENFORCEMENT BOARD
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
Supp. No. 27 2102
CODE INDEX
Section
ANIMALS AND FOWL (Cont'd.)
Impoundment for unregistered dogs and cats 4-23
Leashing dogs 4-25
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. 27 2103
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
B
BAIL BONDS
Additional court costs assessed for police training
Forfeited bail bonds
2-365
15-1
BARRICADES
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
Dogs and cats running at large 4-24
Dogs upon beaches to leashed, muzzled, etc. 4-25
Beach safety zone
Animals 5-17
Use of vehicles 5-16
Closing during emergencies 5-1
Lifeguards
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc. 2-6
Parking of sailboats not to obstruct lifeguard activities 5-6
Lighting of fires 5-3
Littering 5-4
Motorized apparatus
Beach safety zone, use of vehicles 5-16
Operating within two hundred feet of beach 5-7
Parks, playgrounds and recreation. See also that subject
Fees and charges 5-32
Public parks; use prohibited after dark 5-31
Sailboats, catamarans, vessels
Motorized apparatus. See herein that subject
Parking 5-8
Sailboats parked not to obstruct lifeguard activities 5-6
Supp. No. 27 2104
CODE INDEX
Section
BEACHES (Cont'd.)
Transporting by motorized vehicle 5-7
Sleeping on the beach 5-2
Surfboards 5-5
Vessels. See herein: Sailboats, Catamarans Vessels
BEAUTIFICATION
Community development board
Duties of board re beautification of city 14-20(7)
BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY-
EES
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..
BITES
Dog bites, etc
BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF
CITY
4-4
2-29
BOATS
Boat trailers. See: RECREATIONAL VEHICLES
Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq.
See: BEACHES
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
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
BUILDINGS AND BUILDING REGULATIONS
Building code
Adoption
Supp. No. 27 2105
1-5
2-76
6-16
CODE
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Amendments 6-17
Housing code
Adoption 6-120
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
Fire prevention and life safety 7-32
Building sewers and connections 22-101 et seq.
See: WASTEWATER SYSTEM
Code enforcement board's jurisdiction re ........... 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Electrical code 6-31 et seq.
See: ELECTRICAL CODE
Fire prevention and protection 7-1 et seq.
See: FIRE PREVENTION AND PROTECTION
Flood hazard districts 8-1 et seq.
See: FLOOD HAZARD DISTRICTS
Garbage and trash provisions
Removal of lot clearing, contractors' debris; oil and grease 16-12
Housing code
Adoption 6-120
Loitering, sleeping, etc., in public buildings 13-2
Loud and raucous noises 11-2
Mechanical inspections 6-77
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 placed on public buildings and structures and within
public parks 17-32
Wastewater system
Sewer system extensions, construction 22-192, 22-195
Supp. No. 27 2106
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
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
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
Supp. No. 27 2107
CODE
CHICKENS. See also: ANIMALS AND FOWL
Keeping chickens or poultry
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
Section
4-7
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
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
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
Supp. No. 27 2108
CODE INDEX
Section
CODE ENFORCEMENT BOARD (Cont'd.)
Hearings 2-147
Minutes of hearings 2-144
Power of board re hearings 2-148
Jurisdiction 2-146
Lien, penalties 2-149
Duration of lien 2-150
Meetings 2-143
Power of board to adopt rules for conduct of meetings 2-148
Membership 2-141
Minutes of hearings 2-144
Officers, election of 2-143
Penalties; lien 2-149
Duration of lien 2-150
Powers 2-148
Procedure; hearings 2-147
Quorum 2-143
Removal, filing vacancies 2-142
Terms of members 2-141
Vacancies, filling 2-142
CODE OF ORDINANCES*
Amendments to code 1-9
Certain ordinances saved from repeal 1-5
Definitions and rules of construction 1-2
Effect of code on prior acts or rights 1-6
Effect of repeal of ordinances 1-7
General penalty; continuing violations 1-11
Headings and catchlines 1-3
History notes and references 1-4
How code designated and cited 1-1
Repeal
Certain ordinances saved from repeal 1-5
Effect of repeal 1-7
Severability of parts of code 1-8
Supplementation of code 1-10
Violations
General penalty; continuing violations 1-11
COMMERCIAL CORRIDOR DEVELOPMENT
Commercial corridor development standards 24-171
COMMERCIAL VEHICLES
Weight requirements for commercial, recreational, etc., ve-
hicles
COMMISSION. See: CITY COMMISSION
21-22
*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. 27 2109
CODE
Section
COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
COMMUNITY DEVELOPMENT BOARD
Provisions re 14-16 et seq.
See: PLANNING
COMPREHENSNE PLAN
Provisions re 14-1
CONDEMNATION
Garbage and trash containers inspection 16-3(c)
CONFISCATED PROPERTY
Disposition of 15-16 et seq.
See: POLICE DEPARTMENT
CONSERVATION
Tree protection regulations generally 23-15 et seq.
See: TREES AND SHRUBBERY
Waterworks system
Water shortages, conservation 22-39
CONSTRUCTION
Buildings and building regulations. See that subject
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
('attain otrlinarraa saved from repeal
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
1 5
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
Supp. No. 27 2110
CODE INDEX
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk
Stopping, standing or parking vehicle on or within cross-
walks
CRUELTY TO ANIMALS
Generally
CURFEW
Provisions re minors in public places
See: MINORS
D
DEATHS OF CITY EMPLOYEES
Retirement system provisions
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing
Public sewers
Defacing, damaging, etc.
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
Police officers' retirement system board of trustees
Supp. No. 27 2111
Section
21-25(a)(1)
21-17(5), (6)
4-5
13-153 et seq.
2-283, 2-284
6-111
22-57
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.
2-303 et seq.
CODE
Section
DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.)
Police department 2-51 et seq.
See: POLICE DEPARTMENT
Tree conservation board 23-19
Zoning administration 24-46 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
DEVELOPMENT
Community development board 14-16 et seq.
See: PLANNING
DISABLED PERSONS
City employees retirement system
Disability retirement 2-279, 2-280
See also: OFFICERS AND EMPLOYEES
Police officers' retirement system
Disability retirement
Continuation subject to re-examination; return to em-
ployment 2-310.9
General conditions for eligibility 2-310.8
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
Supp. No. 27 2112
CODE INDEX
Section
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)
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
Supp. No. 27 2113
CODE
Section
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
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
ELECTRICITY
Public service tax on electricity 20-16 et seq.
See: TAXATION
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
Abatement of nuisances, etc. See: NUISANCES
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions
Building sewers and connections
Barricading, restoring excavations
Supp. No. 27 2114
12-1(b)(6)
21-25(a)(1)
22-111
CODE INDEX
Section
EXCAVATIONS (Cont'd.)
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
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
FIDUCIARIES
Definition of "person" to include fiduciaries 1-2
FILLING STATIONS
Removal of lot clearing, contractors' debris; oil and grease.. 16-12
Supp. No. 27 2115
CODE
FILTH
Nuisances enumerated
Abatement of nuisances, etc. See: NUISANCES
Section
12-1
FINANCES
Allotments constitute basis of expenditures and are subject
to revision 2-312
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: FAIR HOUSING
Supp. No. 27 2116
9-22
CODE INDEX
Section
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
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 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
Arsonists
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
Supp. No. 27 2117
CODE
Section
FIRE PREVENTION AND PROTECTION (Cont'd.)
Definitions 7-17
Fees 7-30
False silent alarms 7-41
Fire hydrants and fire department connections 7-35
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
Beaches, fires 5-3
Supp. No. 27 2118
CODE INDEX
Section
FIRES (Cont'd.)
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
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
Supp. No. 27 2119
CODE
Section
FLOOD HAZARD AREAS (Cont'd.)
Variance procedures 8-25
Violations and penalties 8-12
Warning and disclaimer of liability 8-11
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, leaving refuse on 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. 27 2120
CODE INDEX
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
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. 27 2121
CODE
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
Signs and advertising structures
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
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
tlUdi U1lle1t U1d,GtC. Gee. NV UlStVCLS
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
Calculation of permitted sign size
Weeds, height of growth
22-108
12-1(b)
22-127
22-39(b)
17-63
23-36
HISTORIC TREE PRESERVATION
Regulations 23-46 et seq.
See: TREES AND SHRUBBERY
HOGS
Keeping hogs
4-7
HOLIDAY SCHEDULE
Ordained and established 2-226
Supp. No. 27 2122
CODE INDEX
Section
HOMESTEAD EXEMPTION
Taxation provisions 20-81 et seq.
See: TAXATION
HORNS
Loud and raucous noises 11-2
HORSES
Maintaining stables 4-7
HOTELS
Dogs in hotels to be muzzled, leashed, etc 4-25
HOUSING
Fair housing 9-16 et seq.
See: FAIR 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)
Stopping, standing or parking vehicle within fifteen feet of
fire hydrant 21-17(4)
I
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
Supp. No. 27 2123
CODE
INDECENCY AND OBSCENITY
Alcoholic beverage establishments
Exposure of private parts in
Obscene matter prohibited
INSECTS, INSECT CONTROL
Nuisances enumerated
Allowing stagnant water to accumulate, prevention of the
propagation of mosquitoes
Abatement of nuisances, etc. See: NUISANCES
Section
13-17
13-6
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 EMPLO5(EES
Wrecker service liability insurance 21-53
INTERSECTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended within intersection
Stopping, standing or parking vehicles within twenty feet of
intersection
INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES
J
21-25(a)(1)
21-17(3)
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. 27 2124
CODE INDEX
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell
Building sewers and connections, permits
Charitable solicitations
See: SOLICITORS, PEDDLERS, ETC.
Development permit
See: FLOOD HAZARD AREAS
Digging up streets
Permit required of public utilities
Electrical permits
See: ELECTRICAL CODE
Garbage and trash collection, removal, etc.
Permit for
Licensed master electricians
Mechanical permits
Motor vehicle title loan lending license
See: TITLE LOANS
Occupational license tax
See: TAXATION
Parades and processions, permits for
Plumbing permit
See: PLUMBING CODE
Private wastewater disposal, permits
Residential parking sticker program; permits re
Sign permits
See: SIGNS AND ADVERTISING STRUCTURES
Subdivision regulations
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Tree protection re
Zoning provisions
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Section
3-3
22-102,22-103
18-2 et seq.
LIENS
Code enforcement board, provisions re liens
Weeds, cost for removal
Special assessment liens
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Supp. No. 27 2125
8-23 et seq.
19-2
6-35 et seq.
16-6
6-33 et seq.
6-77
21-64, 21-66
20-51 et seq.
21-2
6-58 et seq.
22-88
21-27
17-61 et seq.
24-186
23-17
24-1 et seq.
2-149, 2-150
23-40
2-6
5-6
3-9
CODE
Section
LIGHTS, LIGHTING (Cont'd.)
Mobile home parks and recreation vehicle parks
Illuminating at night 10-2(2)
LITTERING
Beaches, leaving refuse
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as
See: PLANNING
5-4
14-22
LOCAL PLANNING AGENCY
Community development board designated as 14-22
See also: PLANNING
LOITERING
Provisions re
LOST PROPERTY
Disposition of by police
See: POLICE DEPARTMENT
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
T /\T Tl!'ITTI A TTTtTh
LO DSPEAI ERS
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
MARIJUANA. See: DRUGS
MAYOR -COMMISSIONER. See: CITY COMMISSION
Supp. No. 27 2126
CODE INDEX
MECHANICAL CODE
Adoption
Inspection fee
Section
6-76
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.)
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
1-2
MOSQUITOES
Nuisances enumerated
Preventing propagation of mosquitoes 12-1(b)(4)
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 27 2127
CODE
Section
MOTOR VEHICLES AND OTHER VEHICLES
Beaches
Operating motorized apparatus within two hundred feet of 5-7
Use of vehicle on beach safety zone 5-16
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)
MULES
Maintaining stable 4-7
MUZZLES
Dogs 4-25
N
NATIONAL ORIGIN
Discrimination because of, fair housing 9-16 et seq.
See: FAIR 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..
10-2(2)
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
Supp. No. 27 2128
CODE INDEX
Section
NOISE (Cont'd.)
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
Nonconforming signs and waiver to certain provisions 17-51 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
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 12-1
Notices, hearings, abatement of conditions 12-2
Nuisance control board
Certificate of appointment or reappointment 3-164
Chairman and vice chairman, designation of 2-163
Complaints 2-167
Created 2-161
Declaration of public nuisance 2-167
Hearings 2-167
Membership 2-162
Permanent injunctions 2-168
Removal 2-162
Restrictions 2-169
Public sewers, use of
Prohibited discharges creating public nuisance 22-129(2)
Violations, penalty 12-3
NUMBER
Defined
1-2
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
Supp. No. 27 2129
10-2(7)
CODE
0
OATH
Code enforcement board's power to take testimony under
oath
Section
2-148
Defined 1-2
OBSCENITY. See: INDECENCY AND OBSCENITY
OBSTRUCTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite obstructions,
creating obstructions, etc 21-25
Lifeguard activities on public 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
Public sewers, use of
Discharges causing obstructions to flow in sewers 22-129(4)
Stopping, standing or parking vehicles alongside or opposite
any street excavation or obstruction 21-17(7)
OCCUPATIONAL LICENSE TAX
Provisions re 20-51 et seq.
See: TAXATION
OCEAN BEACH
Beaches, regulations for 5-1 et seq.
See: BEACHES
ODORS
Garden trash giving off offfnsivP odors .... ... 16-7
Nuisances. See also that subject
Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5)
Public sewers, use of
Limitations on discharge concentrations or quantities
Waters or wastes containing odor -producing substances 22-130(6)
OFFENSES
Miscellaneous offenses and regulations 13-1 et seq.
Specific penalties, remedies, etc. See specific offenses as
indexed alphabetically according to subject
OFFICERS AND EMPLOYEES
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
Supp. No. 27 2130
CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Chief of police 2-51 et seq.
See: POLICE DEPARTMENT
Compensation, salaries, etc.
Certain ordinances saved from repeal 1-5
Deaths
Retirement system. See herein that subject
Defense of civil actions against; payment of judgments or
settlements 2-1
Definition 1-2
Director of finance 2-71 et seq.
See: FINANCES
Director of public safety 2-41
Disability retirement
Retirement system. See herein that subject
Electrical inspector 6-36 et seq.
See: ELECTRICAL CODE
Holiday schedule 2-226
Insurance
Old -age and survivors insurance. See herein that subject
Joint authority
Defined 1-2
Life guard captain 2-63
Old -age and survivors insurance
Appropriations and payment of contributions by city 2-244
Custodian of funds and withholding and reporting agent
Designation of 2-248
Exclusions 2-246
Executive of agreements by mayor -commissioner 2-242
Records and reports 2-245
Social Security Act, acceptance of 2-247
Statement of policy 2-241
Withholdings from wages 2-243
Pensions
Old -age and survivors insurance. See herein that subject
Retirement system. See herein that subject
Planning and development director
Designated to implement flood hazard area provisions8-21 et seq.
See: FLOOD HAZARD AREAS
Retirement system
Assignments prohibited 2-295
Benefit groups 2-263
Benefit limitations and required distributions 2-299
Board of trustees
Actuarial data; report to city commission 2-265
Compensation 2-269
Composition 2-266
Meetings, quorum, voting 2-269
Responsibilities and duties generally 2-264
Term of office; oath of office 2-267
Supp. No. 27 2131
CODE
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Vacancy, filling 2-268
Voting 2-269
Chairperson, secretary, treasurer, etc 2-270
City contribution 2-288
Created, purpose 2-261
Credited service 2-272
Loss of credited service 2-273
Military service credit 2-275
Reinstatement of credited service 2-274
Death while in city employment 2-283, 2-284
Automatic pension to spouse and/or children 2-284
Elective survivor pension 2-283
Deferred retirement upon separation from employment
(vesting) 2 278
Definitions 2-262
Disability retirement
Continuation subject to re-examination; return to em-
ployment 2-280
General conditions for eligibility 2-279
Errors 2-296
Expenses of administering system 2-292
Fraud, protection against 2-297
Investment of retirement system assets 2-290
Level straight life pension, amount of 2-281
Member contributions 2-298
Membership generally 2-271
Method of making payments 2-294
Military service credit 2-275
Officers and employed services 2-270
Optional forms of pension payment 2-282
Police officers' retirement system
Alternate death while in city employment; pension to
spouse and/or children 2-310.13
Assignments prohibited 2-310.20
Benefit enhancements 2-310.29
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
Supp. No. 27 2132
CODE INDEX
Section
OFFICERS AND EMPLOYEES (Cont'd.)
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
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
OIL, GREASE, ETC.
Public sewers, use of
Grease, oil and sand interceptors
Supp. No. 27 2133
24-1 et seq.
22-132
CODE
Section
OIL, GREASE, ETC. (Cont'd.)
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
OWNER
Defined
P
1-2
PARADES AND PROCESSIONS
Noise provisions; exceptions 11-5
Permits required for 21-2
PARKING
Beaches, regulations for 5-1 et seq.
Parking of sailboats 5-6
Residential parking sticker program 21-27
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
T,oitering in public plac.Ps, Pte .. 13-2
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, regulations for 5-1 et seq.
Fees and charges 5-32
Use of public parks prohibited after dark 5-31
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
Signs placed on public buildings and structures and within
public parks 17-32
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
Supp. No. 27 2134
CODE INDEX
PEDDLERS. See: SOLICITORS, PEDDLERS, ETC.
PEDESTRIANS
Obstruction of passage of pedestrians
PENSIONS
Retirement system for city employees
See: OFFICERS AND EMPLOYEES
PERMITS. See: LICENSES AND PERMITS
PERSON
Defined
Section
13-2
2-281 et seq.
1-2
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
Certification of board actions to the city manager
Composition
Cost
Created
Duties
Enforcement; penalties
Legal proceedings
Local planning agency
Officers
Petition of illegality
Powers
Proceedings of the board
Qualifications of members
Removal of members
Terms of office of members
Vacancies, filling
Comprehensive plan
Planning and development director
Designated to implement flood hazard area provisions
See: FLOOD HAZARD AREAS
PLATS, PLATTING
Code enforcement board's power to subpoena surveys, plats,
etc.
PLUMBING CODE
Building sewers and connections
Conformance with plumbing code
Certificates of competency
Supp. No. 27 2135
14-24
14-21
14-17
14-26
14-16
14-20
14-27
14-28
14-22
14-17
14-25
14-20
14-23
14-17
14-19
14-18
14-18
14-1
8-21 et seq.
2-148
22-106
6-57
CODE
Section
PLUMBING CODE (Cont'd.)
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
Fees 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
POLICE DEPARTMENT
Additional court costs assessed for police training 15-1
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
Coruscated or lost property, disposition f
vts.�,..��.. �a.,..0 v.. lost Cuo�.voii�..xi �'i
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
Supp. No. 27 2136
22-108
CODE INDEX
POLLUTION (Cont'd.)
Public sewers
Discharging polluted waters into natural outlets, etc
PRECEDING, FOLLOWING
Defined
PRIVIES, PRIVY VAULTS
Constructing
Section
22-72
1-2
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
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
Supp. No. 27 2137
CODE
Section
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
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.
TTvDLiTTVlu TTTTiCiTL (Can pers, travel HaierS, 10
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
Supp. No. 27 2138
CODE INDEX
RENTALS (Cont'd.)
Waterworks system
Initial payment of minimum water rental
REPEAL OF ORDINANCES. See: CODE OF ORDINANCES
REPLICA FIREARMS
Definitions
Possession and use regulated
RESTAURANTS. See: FOOD AND FOOD ESTABLISHMENTS
Section
22-16
13-8
13-9
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
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
Beach safety zones 5-16 et seq.
See: BEACHES
Roadway safety zones 19-5
SAILBOATS
Beaches, regulations for 5-1 et seq.
See: BEACHES
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
Supp. No. 27 2139
CODE
Section
SALES (Cont'd.)
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
Loud and raucous noises
SCHOOL YARDS
Definition of "public place" to include school yards
SECONDHAND PLUMBING FIXTURES
Plumbing permits
Determination of ownership of secondhand fixtures prior
to issuance
3-6
11-2
1-2
6-58
SEPTIC TANKS
Constructing 22-73
SETBACKS
Mobile home parks and recreational vehicle parks
Setback requirements 10-2(3)
SEVERABILITY OF PARTS OF CODE
Provisions re 1-8
SEWERS AND SEWAGE DISPOSAL
Wastewater system 22-56 et seq.
See: WASTEWATER SYSTEM
SFXTTAT , DTSCRTMTNATTON
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
Cause for removal of signs, abandoned signs, and prohibited
signs
Prohibited signs and devices 17-42
Removal of unsafe, damaged or poorly maintained, and
abandoned signs 17-41
Abandoned signs 17-41(c)
Damaged signs and poorly maintained signs 17-41(b)
Unsafe signs 17-41(a)
Supp. No. 27 2140
CODE INDEX
Section
SIGNS AND ADVERTISING STRUCTURES (Cont'd.)
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Definitions and references to other chapters within this Code 17-2
Intent 17-1
"No Solicitation" sign, posting of 18-5
Nonconforming signs and waiver to certain provisions
Application 17-62
Calculation of permitted sign size 17-63
Fees 17-64
Nonconforming signs 17-51
Permit required 17-61
Requests to waive certain terms of this chapter 17-52
Residential parking permit signs, posting of 21-27(d)
Signs permitted
Banner signs 17-33
Exempt signs 17-26
General provisions applying to all permitted signs 17-27
Signs permitted within commercial and industrial zoning
districts 17-29
Signs permitted within residential zoning districts 17-28
Signs placed on public buildings and structures and within
public parks 17-32
Signs within conservation (CON) zoning districts 17-31
Signs within special purpose (SP) and planned unit devel-
opment (PUD) zoning districts 17-30
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
Supp. No. 27 2141
CODE
Section
SOLICITORS, PEDDLERS, ETC. (Cont'd.)
Regulations generally 18-4
Violations and penalties 18-9
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
SPRINKLER SYSTEMS
Fire prevention and life safety
Automatic fire sprinkler requirements
7-31
STABLES
Maintaining 4-7
STAGNANT WATER
Nuisances. See also that subject
Allowing or permitting stagnant water to accumulate 12-1(b)(4)
STATE MISDEMEANORS
Committing 13-1
STATE OF FLORIDA
Definition 1-2
STATE TRAFFIC LAW
Adoption of Florida Uniform Traffic Control Law 21-1
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;
nlavful; exceitiUn; nuisance LLectueu 21
-2t
Removing and impounding 21-25
Towage and storage charges 21-26
Garbage and refuse 16-2(b)
Towing and storage, charges for 21-51
See also: WRECKER SERVICE
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
Supp. No. 27 2142
CODE INDEX
Section
STORMWATER MANAGEMENT (Cont'd.)
Enterprise fund 22-309
Findings of fact 22-302
Powers and duties 22-307
Rates and charges
Appeal process 22-337
Definitions 22-333
Enforcement 22-336
Fee schedule 22-335
Findings of fact 22-332
Short title 22-331
Utility fee category 22-334
Violations and penalties 22-336
Short title 22-301
Utility established 22-305
STREAMS. See: WATERCOURSES, WATERWAYS
STREET ADDRESSES
Fire prevention and life safety
Street address identification 7-37
Numbering of buildings, mobile homes, etc.
Mobile home parks and recreational vehicle parks
Requirements for 10-2(7)
Provisions re 6-106 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Abandoned, wrecked, junked, etc., vehicles
Left unattended on sidewalks 21-25
Alcoholic beverages
Consumption, possession of open containers upon public
property 3-12
Building sewers and connections
Barricading, restoring excavations in streets, sidewalks,
etc 22-111
Closing of streets for various events 19-3
Community development board 14-16 et seq.
See: PLANNING
Definitions 1-2
Digging up streets. See herein: Excavations
Dogs on streets to be leashed, muzzled, etc. 4-25
Dogs or cats running at large on public streets 4-24
Excavations
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions 21-25(a)(2)
Digging up streets prohibited; exception as to public util-
ities; etc. 19-2
Stopping, standing or parking vehicles alongside or oppo-
site any street excavation 21-17(7)
Supp. No. 27 2143
CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Garbage, trash, etc.
Depositing on streets, etc. 16-7
Historic tree preservation 23-46 et seq.
See: TREES AND SHRUBBERY
Intersections
Sight distance requirements and safety zones 19-5
Loitering, obstructions, etc., in public places 13-2
Minors on streets and in public places 13-151 et seq.
See: MINORS
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
Safety zones 19-5
Special events 19-4
Closing of streets for various events 19-3
Stopping, standing or parking vehicle
Alongside or opposite street excavation 21-17(6)
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
Supp. No. 27 2144
CODE INDEX
Section
SUBPOENAS
Code enforcement board's power to subpoena witnesses,
records, etc. 2-148
SUPPLEMENTATION OF CODE
Revisions re 1-10
SURETY BOND. See: BOND, SURETY
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, regulations for 5-1 et seq.
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
Beaches, regulations for 5-1 et seq.
See: BEACHES
SWIMMING POOLS
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
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
Supp. No. 27 2145
CODE
Section
TAXATION (Cont'd.)
Compliance by licensees 20-56
Definitions 20-51
Due date and delinquencies; penalties 20-54
Exemptions 20-58
Half-year licenses 20-53
Inspections 20-52.1
Levy 20-52
Operating at more than one location 20-55
Schedule of fees 20-59
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
Utility services to which applicable 20-16
When purchase deemed made within city 20-20
Telephone service. See herein: Public Service Tax
TAXICABS
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
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. 27 2146
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
TOWING SERVICE. See: WRECKER SERVICE
22-74
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, regulations for 5-1 et seq.
Operating motorized apparatus within two hundred feet of 5-7
Parking of sailboats on beaches not to obstruct lifeguard
activities 5-6
Use of vehicle on beach safety zone 5-16
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
Supp. No. 27 2147
CODE
Section
TRAFFIC (Cont'd.)
Intersections
Abandoned, wrecked, junked, etc., vehicles left unattended
within intersections 21-25
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
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
Safety zones 19-5
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)
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
Prohibited in specific areas 21-17
Residential parking sticker program; permits 21-27
Supp. No. 27 2148
CODE INDEX
Section
TRAFFIC (Cont'd.)
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
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
Garbage and refuse collection and disposal
Garden trash, compost piles 16-7
Leaves and grass clippings; tree trunks limbs, etc 16-5
Supp. No. 27 2149
CODE
Section
TREES AND SHRUBBERY (Cont'd.)
Historic tree preservation
Historic preserve corridors
Designated corridors 23-49
Designation, procedures 23-47
Effect of designation 23-48
Intent 23-46
Penalties for violation 23-50
Roadway safety zones; planting on 19-5
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
Supp. No. 27 2150
CODE INDEX
UTILITIES (Cont'd.)
Public utilities, department of
Created
Section
2-84
Other duties 2-87
Utility director
Appointment, compensation 2-85
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
VACANT LOTS
Depositing garbage, trash, etc., on
Dogs and cats running at large
22-23
16-7
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
Supp. No. 27 2151
CODE
W
WALLS. See: FENCES, WALLS, HEDGES AND ENCLO-
SURES
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
Supp. No. 27 2152
CODE INDEX
Section
WASTEWATER SYSTEM (Cont'd.)
Inspectors, powers and authority of
Easements 22-154
Information concerning industrial processes 22-152
Observing safety rules; indemnification and liability 22-153
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
Supp. No. 27 2153
CODE
Section
WASTEWATER SYSTEM (Cont'd.)
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
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
Dischnrb g water from, =loan= c pro.i;ii n 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
Supp. No. 27 2154
CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
Fire protection service charge 22-30
Installation charges 22-28
Late fees 22-29
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
Supp. No. 27 2155
CODE
Section
WATERWORKS SYSTEM (Cont'd.)
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
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
Supp. No. 27 2156
CODE INDEX
Section
WILD FOWL
Hunting, shooting, etc 4-4
WINDOWS. See: DOORS AND WINDOWS
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. 27 2157
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
Signs permitted
Signs permitted within commercial and industrial zoning
districts 17-29
Signs permitted within residential zoning districts 17-28
Signs within conservation (CON) zoning districts 17-31
Signs within special purpose (SP) and planned unit devel-
opment (PUD) zoning districts 17-30
Subdivision regulations
Application procedure
Construction plans and building permits 24-206
Certification of permanent reference marker location 24-206(d)
Intent 24-206(a)
Issuance of a building permit 24-206(e)
Required submittals 24-206(b)
Sewer and water commitment 24-206(c)
Term and expiration of building permit 24-206(f)
Unlawful to construct without a building permit 24-206(g)
General requirements 24-201
Plat review and approval procedure 24-202
Stage 1 review: concept plan and information required
for review 24-203
Information required for review 24-203(b)
Purpose and intent 24-203(a)
Review process 24-203(c)
Time limit 24-203(d)
Stage 2 review: preliminary plat and information re-
quired for review 24-204
Information required for review 24-204(b)
Purpose and intent 24-204(a)
Review process 24-204(c)
Time limit 24-204(d)
Stage 3: final subdivision plat review and approval 24-205
Information required for review 24-205(b)
Purpose and intent 24-205(a)
Unlawful division of land 24-201(a)
Assurance for completion and maintenance of improve-
ments
Commencement of construction 24-231
Supp. No. 27 2159
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Inspections 24-234
Issuance of certificate of completion 24-235
Maintenance security 24-233
Performance security 24-232
Definitions 24-187
Design and construction standards
Blocks 24-254
Centralized sewer and water services 24-259
Clearing and grading of rights-of-way 24-258
Easements 24-253
Drainage and watercourses 24-253(b)
No city expense 24-253(e)
Other drainage easements 24-253(c)
Pedestrian and service easements 24-253(d)
Utilities 24-253(a)
General requirements 24-251
Conformity to city policies 24-251(a)
General construction methods 24-251(d)
Soil and flood hazards 24-251(c)
Use of natural features 24-251(b)
Installation of septic tanks, private wastewater, and
on-site sewage treatment and disposal systems 24-260
Lots 24-255
Building restriction lines 24-255(0
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)
Provision for required recreation 24-256
Required monumentation 24-257
Iron pipes 24-257(a)
Location and construction 24-257(c)
Lot corners 24-257(d)
Permanent reference markers 24-257(b)
Time of placement 24-257(e)
Streets 24-252
Exemptions from the requirement for approval and record-
ing of a final subdivision plat or replat 24-189
Improvements defined 24-187(b)
Multiple lots and parcels treated as a single development
parcel 24-190
Purpose and intent 24-186
Required improvements
Generally 24-221
Planned unit developments (PUDs) 24-222
Requirements for approval and recording of a final subdi-
vision plat or a replat 24-188
Supp. No. 27 2160
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Subdivision defined 24-187(a)
Vacation of previously recorded subdivision plats 24-192
Waiver 24-191
Conditions of waiver 24-191(b)
General 24-191(a)
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, construction and storage within zoning
districts 24-66
All structures 24-66(c)
Temporary construction trailers or structures 24-66(a)
Temporary storage structures and uses 24-66(b)
Development review and issuance of development per-
mits
Approval of preliminary site plans 24-67(e)
Expiration of approved construction plans 24-67(f)
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)
Fees 24-69
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(f)
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)
Supp. No. 27 2161
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Commercial corridor development standards 24-171
Building form and finish materials 24-171(c)
Delineation of commercial corridors 24-171(b)
Fences 24-171(0
Intent 24-171(a)
Landscaping and required buffers 24-171(g)
Lighting 24-171(e)
Signs 24-171(d)
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)
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)
Supp. No. 27 2162
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
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(f)
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
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(0
Supporting legal documents for open space 24-135(d)
Waiver of yard, dwelling unit, frontage criteria, and
use restriction 24-135(c)
Supp. No. 27 2163
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
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)
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 restrictions 24-105(0
Intent 24-105(a)
Minimum lot or site requirements 24-105(d)
Minimum yard requirements 24-105(e)
Supp. No. 27 2164
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
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(f)
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)
Allowable height of fences and walls 24-157
Child care centers 24-152
Churches 24-153
Commercial corridor development standards 24-171
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
Supp. No. 27 2165
CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
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. 27 2166