AB Code Supplement 32SUPPLEMENT NO. 32
July 2006
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. 90-06-193, adopted May 22, 2006.
See the Code Comparative Table—Ordinances for further information.
Remove old pages Insert new pages
iii iii
ix—xii ix—xii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
159-162 159-162
165-168 165-168
188.5-188.8 188.5-188.8.1
305, 306 305-306.1
353-356 353-357
787, 788 787, 788
795, 796 795-797
1113 1113, 1114
1279-1282 1279-1282
1295-1298 1295-1298
1417, 1418 1417-1418.1
1423-1428 1423-1428.1
1447, 1448 1447-1448.1
1453-1456 1453-1456.2
2003 2003
2111, 2112 2111, 2112
2127, 2128 2127, 2128
2133, 2134 2133-2134.1
2139-2144.1 2139-2144.1
2165-2168 2165-2168
INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1 -800 -262 -CODE
Website: www.municode.com
OFFICIALS
of the
CITY OF
ATLANTIC BEACH, FLORIDA
Donald M. Wolfson
Mayor
J. Dezmond Waters, III
Mayor Pro Tem
Sylvia N. Simmons
Jamie Fletcher
Louis "Mike" Borno
City Commission
Alan C. Jensen
City Attorney
James R. Hanson
City Manager
Donna L. Bussey
City Clerk
Supp. No. 32 iii
TABLE OF CONTENTS
Page
Officials of the City 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. W The City Clerk 10
Art. V. The City Attorney 10
Art. VI. 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. 32 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 167
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 188.8
Art. VII. Finance 188.30
Div. 1. Generally 188.30
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 307
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 410.11
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 526.1
Art. III. Flood Hazard Reduction Standards 530
9. Human Relations
Art. I. In General
Supp. No. 32 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 794
Art. III. Sexual Offenders and Sexual Predators 797
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 1178
Art. V. Additional Homestead Exemption 1179
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 1226
Art. III. Wrecker Service 1228
Art. IV Motor Vehicle Title Loans 1230
22. Utilities 1275
Art. I. In General 1275
Supp. No. 32 xi
ATLANTIC BEACH CODE
Chapter Page
Art. II. Waterworks System 1277
Art. III. Wastewater System 1284
Div. 1. Generally 1284
Div. 2. Use of Public Sewers Required 1286
Div. 3. Private Wastewater Disposal 1286.2
Div. 4. Building Sewers and Connections 1288.1
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 Regulations1403
Art. I. In General 1404
Art. II. Language and Definitions 1405
Art. III. Zoning Regulations 1428
Div. 1. Generally 1428
Div. 2. Administration 1428
Div. 3. Application Procedures 1434
Div. 4. General Provisions and Exceptions 1445
Div. 5. Establishment of Districts 1453
Li_V. C. Planned ieveUop .n_ nL ClV
JJ1473
Div. 7. Supplementary Regulations 1480
Div. 8. Landscaping 1498.1
Art. IV Subdivision Regulations 1505
Div. 1. Generally 1505
Div. 2. Application Procedure 1508
Div. 3. Required Improvements 1515
Div. 4. Assurance for Completion and Maintenance
of Improvements 1517
Div. 5. Design and Construction Standards 1519
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. 32 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 32 159, 160 32
v, vi OC 161, 162 32
vii, viii 1 163, 164 25
ix, x 32 165, 166 32
xi, xii 32 167, 168 32
1, 2 19 169, 170 18
3, 4 14 171, 172 30
5, 6 14 173, 174 30
7, 8 14 175, 176 30
9, 10 14 177, 178 30
11, 12 14 179, 180 30
13, 14 14 181, 182 30
15, 16 14 183, 184 31, Rev.
17, 18 14 184.1 31, Rev.
19, 20 14 185, 186 30
21, 22 14 187, 188 30
79 5, Add. 188.1, 188.2 30
91 19 188.3, 188.4 30
103, 104 OC 188.5, 188.6 32
105, 106 OC 188.7, 188.8 32
107, 108 13 188.8.1 32
155, 156 26 188.9, 188.10 30
156.1 26 188.11, 188.12 30
Supp. No. 32 [1]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
188.13, 188.14 30 471, 472 20
188.15, 188.16 30 473, 474 20
188.17, 188.18 30 475, 476 20
188.19, 188.20 30 477, 478 21
188.21, 188.22 30 479, 480 20
188.23, 188.24 30 521, 522 6
188.25, 188.26 30 523, 524 28
188.27, 188.28 30 525, 526 28
188.29, 188.30 30 526.1 28
188.31 30 527, 528 6
189, 190 27 529, 530 6
191, 192 22 531, 532 6
192.1, 192.2 22 533, 534 30
192.3 22 534.1 30
193, 194 25 577, 578 OC
195, 196 26 579, 580 OC
245, 246 30 581 OC
247, 248 30 631, 632 OC
299, 300 18 683, 684 24
301, 302 22 685 24
303, 304 22 735, 736 30
305, 306 32 737 30
306.1 32 787, 788 32
307, 308 28 789, 790 8
309, 310 28 791, 792 28
311 28 793, 794 30
352,254 22 795,796 32
355, 356 32 797 32
357 32 839, 840 28
407, 408 27 841, 842 5
409, 410 30 843 5
410.1, 410.2 30 891, 892 31
410.3, 410.4 30 943, 944 16
410.5, 410.6 30 945, 946 16
410.7, 410.8 30 947, 948 20
410.9, 410.10 30 949 20
410.11 30 995, 996 26
411, 412 27 997, 998 26
413, 414 27 999, 1000 26
415, 416 27 1001, 1002 28
417, 418 27 1003, 1004 31
419, 420 27 1005, 1006 31
421, 422 27 1006.1 31
469, 470 20 1007, 1008 26
Supp. No. 32 [2]
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Page No. Supp. No. Page No. Supp. No.
1009, 1010 27 1289, 1290 OC
1011, 1012 28 1291, 1292 OC
1055, 1056 15 1293, 1294 OC
1057, 1058 15 1295, 1296 32
1059 15 1297, 1298 32
1107, 1108 31 1298.1 30
1109, 1110 31 1299, 1300 OC
1111, 1112 31 1301, 1302 11
1113, 1114 32 1303, 1304 11
1157, 1158 23 1305, 1306 11
1159, 1160 2 1307, 1308 26
1161, 1162 21 1351, 1352 27
1163, 1164 28 1353, 1354 17
1165, 1166 28 1355, 1356 17
1167, 1168 28 1357, 1358 24
1169, 1170 28 1359, 1360 28
1171, 1172 28 1361, 1362 28
1173, 1174 28 1363, 1364 28
1175, 1176 28 1365 28
1177, 1178 28 1403, 1404 29
1179, 1180 28 1405, 1406 29
1221, 1222 31 1407, 1408 29
1223, 1224 31 1409, 1410 29
1225, 1226 31 1411, 1412 29
1227, 1228 31 1413, 1414 29
1229, 1230 31 1415, 1416 29
1231 31 1417, 1418 32
1235, 1236 21 1418.1 32
1237, 1238 21 1419, 1420 29
1239, 1240 21 1421, 1422 29
1275, 1276 28 1423, 1424 32
1277, 1278 31 1425, 1426 32
1278.1 31 1427, 1428 32
1279, 1280 32 1428.1 32
1281, 1282 32 1429, 1430 29
1282.1, 1282.2 31 1431, 1432 29
1283, 1284 31 1433, 1434 29
1284.1, 1284.2 28 1435, 1436 29
1284.3, 1284.4 28 1437, 1438 29
1284.5, 1284.6 28 1439, 1440 29
1285, 1286 OC 1441, 1442 29
1286.1, 1286.2 23 1443, 1444 29
1287 23 1445, 1446 29
1288.1 16 1447, 1448 32
Supp. No. 32
[3]
ATLANTIC BEACH CODE
Page No. Supp. No. Page No. Supp. No.
1448.1 32 1985 OC
1449, 1450 29 1987, 1988 OC
1451, 1452 29 1989, 1990 OC
1453, 1454 32 1991, 1992 2
1455, 1456 32 1993, 1994 6
1456.1, 1456.2 32 1995, 1996 13
1457, 1458 29 1997, 1998 18
1459, 1460 29 1999, 2000 24
1461, 1462 29 2001, 2002 30
1463, 1464 29 2003 32
1465, 1466 29 2043 OC
1467, 1468 29 2053, 2054 30
1469, 1470 29 2055 30
1471, 1472 29 2081, 2082 14
1473, 1474 29 2083, 2084 14
1475, 1476 29 2085, 2086 14
1477, 1478 29 2087, 2088 14
1479, 1480 31 2101, 2102 30
1481, 1482 31 2103, 2104 30
1482.1 31 2105, 2106 30
1483, 1484 29 2107, 2108 27
1485, 1486 29 2109, 2110 27
1487, 1488 29 2111, 2112 32
1489, 1490 29 2113, 2114 27
1491, 1492 29 2115, 2116 27
1493, 1494 29 2117, 2118 27
1495, 1496 29 2119; 2120 30
1497, 1498 30 2120.1 30
1498.1 30 2121, 2122 27
1499, 1500 29 2123, 2124 27
1501, 1502 29 2125, 2126 27
1503, 1504 29 2127, 2128 32
1505, 1506 29 2129, 2130 27
1507, 1508 29 2131, 2132 30
1509, 1510 29 2133, 2134 32
1511, 1512 29 2134.1 32
1513, 1514 29 2135, 2136 27
1515, 1516 29 2137, 2138 28
1517, 1518 29 2139, 2140 32
1519, 1520 29 2141, 2142 32
1521, 1522 29 2143, 2144 32
1523, 1524 29 2144.1 32
1525, 1526 29 2145, 2146 27
1983, 1984 OC 2147, 2148 31
Supp. No. 32 [4]
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Page No. Supp. No.
2149, 2150 31
2151, 2152 27
2153, 2154 31
2155, 2156 31
2157 30
2159, 2160 30
2160.1 30
2161, 2162 29
2163, 2164 29
2165, 2166 32
2167, 2168 32
Supp. No. 32
[5]
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. 32 159
§ 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 eine gelicy o d ivalices and iebuluLion6, flow eve',
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 each year the basic salary of the mayor -commissioner and city
commissioners shall be reviewed by staff and shall be adjusted using the Consumer Price
Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not
exceed the cost of living adjustment provided to general employees and shall be effective on
October 1 of each year.
(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; Ord. No. 5-06-45, § 1, 2-27-06)
Supp. No. 32 160
ADMINISTRATION § 2-41
Sec. 2-21. Resignation from office; election procedures.
(a) A city commissioner seeking to run for another elected office shall submit a letter of
resignation at least thirty (30) days prior to the first day of qualifying for the office he intends
to seek. The resignation must be effective no later than the earlier of the following dates:
(1) The date the commissioner would take his new office, if elected; or
(2) The date the commissioner's successor is required to take office.
(b) The commission seat shall be placed on the ballot at the next election after the filing of
the letter of resignation. The candidate winning the commission seat shall take office on the
effective date of the assuming of offices following the election and shall serve the remaining
unexpired term of the resigning commissioner.
(c) This section shall not preclude the city commission from electing an eligible person to
serve in the interim as provided for in Section 12 of the City Charter.
(Ord. No. 33-93-5, § 1, 3-22-93)
Secs. 2-22-2-30. Reserved.
ARTICLE III. CITY MANAGER*
Secs. 2-31-2-40. Reserved.
ARTICLE IV. DEPARTMENTS
DIVISION 1. GENERALLY
Sec. 2-41. Director of public safety.
The city manager, or any other qualified person as provided herein, shall be the director of
public safety, under whose supervision there shall be a police department and a fire
department.
(1) In the event the city manager desires to appoint a director of public safety, the director
of public safety shall be appointed and removed by the city manager, subject to the
approval of the city commission. The director of public safety shall be compensated as
determined by the city manager.
(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
*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. 32 161
§ 2-41 ATLANTIC BEACH CODE
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. 32
162
ADMINISTRATION § 2-83
separate account of each fund or appropriation, and debits and credits thereto belonging, and
in general an accurate accounting of all monies received, from whom received, and to whom
disbursed, into what account received and disbursed. The accounting shall be consistent with
the uniform accounting system, local units of government, state, and generally accepted
accounting principles and practices.
(Ord. No. 5-81-7, § 4, 1-11-82)
DIVISION 5. DEPARTMENT OF PUBLIC WORKS
Sec. 2-79. Created.
There is hereby created and established a department of public works. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-86-14, § 1, 1-27-86)
Sec. 2-80. Director of public works/city engineer—Appointment, compensation.
The director of public works/city engineer shall be the head of the department of public
works and his appointment or removal shall be authorized by the city manager. The director
of public works/city engineer shall receive such compensation as determined by the city
commission.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-81. Same—Duties.
The director of public works/city engineer, under the direction of the city manager, shall be
responsible for the supervision of the maintenance of streets, sanitation, drainage facilities,
stormwater and fleet maintenance.
(Ord. No. 5-86-14, § 1, 1-27-86; Ord. No. 5-01-35, § 1, 6-11-01)
Sec. 2-82. Reserved.
Editor's note—Ord. No. 5-01-35, § 1, adopted June 11, 2001, deleted former § 2-82, which
pertained to divisions; appointment, compensation of chiefs, and derived from Ord. No.
5-86-14, § 1, adopted January 27, 1986.
Sec. 2-83. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed
of the activities of the department.
(Ord. No. 5-86-14, § 1, 1-27-86)
Supp. No. 32 165
§ 2-84 ATLANTIC BEACH CODE
DIVISION 6. DEPARTMENT OF PUBLIC UTILITIES
Sec. 2-84. Created.
There is hereby created and established a department of public utilities. The department
shall be an administrative department of the city responsible to the city manager.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-85. Utility director—Appointment, compensation.
The utility director shall be the head of the department of public utilities and his
appointment or removal shall be authorized by the city manager. The utility director shall
receive such compensation as determined by the city commission.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-86. Same—Duties.
The utility director, under the direction of the city manager, shall be responsible for the
supervision of the maintenance of water, sewer and reclaimed water facilities including
production, treatment and conveyance systems.
(Ord. No. 5-01-35, § 2, 6-11-01)
Sec. 2-87. Other duties.
The department shall perform such other duties as may be assigned by the city manager
and the director of the department shall be responsible for keeping the city manager informed
of the activities of the department.
(Ord. No. 5-01-35, § 2, 6-11-01)
Secs. 2-88-2-130. Reserved.
ARTICLE V. BOARDS AND COMMISSIONS*
DIVISION 1. GENERALLY
Sec. 2-131. Reappointment to boards and committees.
(a) Whenever a vacancy occurs on any board or committee of the city, any qualified person
may be appointed to fill such vacancy, including someone who has previously served on the
board or committee on which there is a vacancy.
*Cross references—Board of trustees for retirement system, § 2-264 et seq.; community
development board, § 14-16 et seq.
Supp. No. 32 166
ADMINISTRATION § 2-141
(b) However, any person who has served on a board or committee of the city for the
maximum number of terms allowed may not again be appointed to that same board or
committee until one (1) year has passed since the person was term -limited off the board or
committee.
(Ord. No. 5-06-46, § 1, 4-10-06)
Secs. 2-132-2-140. Reserved.
DIVISION 2. CODE ENFORCEMENT BOARD*
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall consist of seven
(7) board members and one (1) alternate member, who shall serve on the board in the absence
of board members, to be appointed by the mayor and approved by the city commission. All
board members and the alternate member of the board shall be residents of the city and shall
serve without compensation. Board members may serve a maximum of three (3) consecutive
terms. Service as an alternate member, however, shall not preclude service thereafter as a
board member for a maximum of three (3) consecutive terms.
(b) The membership of the code enforcement board shall, whenever possible, include
persons in the following fields:
(1) Architect;
(2) A businessman;
(3) An engineer;
(4) A general contractor;
(5) A realtor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall be appointed for a term of one (1) year.
(2) Three (3) members shall be appointed for a term of two (2) years.
(3) Two (2) members shall be appointed for a term of three (3) years.
Thereafter, each term shall be for a period of three (3) years.
*State law reference—Local Government Code Enforcement Boards Act, F.S. Ch. 162.
Supp. No. 32 167
§ 2-141 ATLANTIC BEACH CODE
(d) Any member may be reappointed from term to term upon approval of the city
commission.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03; Ord.
No. 5-05-44, § 1, 9-26-05)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city commission
for cause upon written charges and after public hearing. Any member who fails to attend three
(3) consecutive meetings without cause shall have his office declared vacant unless the
member's absence is excused by a majority of the board members, and the city commission
shall promptly fill such vacancy. Vacancies shall be filled by appointment by the mayor and
approval of the city commission for the unexpired terms affected.
(Ord. No. 95-80-21, § 2, 12-8-80; Ord. No. 95-85-26, 2-25-85; Ord. No. 5-03-42, § 1, 7-14-03)
State law reference—Similar provisions, F.S. § 162.05.
Sec. 2-143. Meetings; election of officers; quorum.
(a) At the first meeting of the code enforcement board, the members of the board shall elect
a chairman and a vice-chairman to preside in the absence of the chairman. The presence of
four (4) or more members shall constitute a quorum necessary to take action. Meetings of the
board shall occur no less frequently than once every two (2) months, but the board may meet
more often as necessary
(b) Special meetings of the board may be convened by the chairman upon the giving of
notice thereof to each other member of the board. Unless waived by a majority of the board,
notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Sec. 2-144. Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board, and all
hearings shall be open to the public. The city commission shall provide clerical and
administrative personnel as may be reasonably required by the board for the proper
performance of its duties.
(Ord. No. 95-80-21, § 2, 12-8-80)
State law reference—Similar provisions, F.S. § 162.07.
Supp. No. 32 168
ADMINISTRATION § 2-295
Sec. 2-295. Assignments prohibited.
(a) Generally. The right of a person to a pension, disability, death or survivor benefit, and
any other right accrued or accruing to any person under the provisions of this division, and any
monies in assets belonging to the retirement system, shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process
of law whatsoever, and shall be unassignable except as is specifically provided in this division.
If a member is covered under a group insurance or prepayment plan participated in by the city,
and should the member or his/her beneficiary be permitted to and elect to continue the
coverage as a retirant or beneficiary, the member or beneficiary may authorize the board of
trustees to deduct required payments to continue coverage under the group insurance or
prepayment plan. The city shall have the right of set off for any claim arising from
embezzlement by or fraud of a member, retirant or beneficiary in addition to any other
remedies, including forfeiture of benefits, provided by law.
(b) Direct transfers of eligible rollover distributions. This subsection applies to distributions
made on or after October 1, 1993. Notwithstanding any provision of the plan to the contrary
that would otherwise limit a distributee's election under this section, a distributee may elect,
at the time and in the manner prescribed by the board of trustees, to have any portion of an
eligible rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
(1) "Eligible rollover distribution" means any distribution of all or any portion of the
balance to the credit of the distributee, except that an eligible rollover distribution does
not include any distribution that is one (1) of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of
the distributee or the joint lives (or joint life expectancies) of the distributee and the
distributee's designated beneficiary or for a specified period of ten (10) years or more;
any distribution to the extent such distribution is required under Section 401(a)(9) of
the Internal Revenue Code; and the portion of any distribution that is not includable
in gross income (determined without regard to the exclusion for net unrealized
appreciation with respect to employer securities).
(2) "Eligible retirement" means an individual retirement account described in Section
408(a) of the Internal Revenue Code, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code, an annuity plan described in Section
403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of
the Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
However, in the case of an eligible rollover distribution to the surviving spouse, an
eligible retirement plan is an individual retirement account or individual retirement
annuity.
(3) "Distributee" includes an employee or former employee. In addition, the employee's or
former employee's surviving spouse, or the employee's or former employee's spouse or
former spouse who is the alternate payee under an income deduction order, is a
distributee with regard to the interest of the spouse or former spouse.
Supp. No. 32 188.5
§ 2-295 ATLANTIC BEACH CODE
(4) "Direct rollover" means a payment by the plan to the eligible retirement plan specified
by the distributee.
(Ord. No. 58-75-4, § 35, 12-22-75; Ord. No. 58-98-25, § 29, 11-23-98)
Sec. 2-296. Errors.
Should the board of trustees determine that any member, retirant or beneficiary is being
paid from the retirement system more or less than is correct, the board of trustees shall correct
the error and, as far as practicable, shall adjust the payment in such manner that the actuarial
equivalent of the benefit to which the member, retirant or beneficiary was correctly entitled
shall be paid.
(Ord. No. 58-75-4, § 36, 12-22-75; Ord. No. 58-98-25, § 30, 11-23-98)
Sec. 2-297. Protection against fraud.
Whoever with intent to deceive shall make any statements and/or reports required under
this division which are untrue, or shall falsify or permit to be falsified any record or records of
the retirement system, or who shall otherwise violate, with intent to deceive, any of the terms
or provisions of this division, shall be guilty of a city offense.
Any member who is convicted as provided in F.S. § 112.3173 of a specified offense committed
prior to retirement, or whose employment is terminated by reason of an admitted commission,
aid or abatement of a specified offense, shall forfeit all rights and benefits under this pension
plan, except for return of accumulated contributions as of his date of termination.
(Ord. No. 58-75-4, § 37, 12-22-75; Ord. No. 58-98-25, § 31, 11-23-98)
Sec. 2-298. Member contributions.
(a) Member contributions for benefit group general shall be four (4) percent of salary.
Effective September 24, 2006, member contributions for benefit group general shall be five (5)
percent of salary and said contribution shall be deducted from the member's pay and paid over
into the retirement system at least monthly.
(b) The City of Atlantic Beach shall assume and pay the member contributions set forth
above in lieu of payroll deductions from such members' earnings. No member shall have the
option of choosing to receive the contributed amounts directly instead of having them paid by
the city directly to the retirement system. All such contributions by the city shall be deemed
and considered as part of the member's contributions and subject to all provisions of this plan
pertaining to contributions of members. Such contributions shall additionally be considered as
part of the member's compensation for purposes of determining final average compensation
and any other benefits hereunder and for determining the member's hourly wage rate for
purposes of FICA contributions, worker's compensation, and overtime compensation. This city
pick up of contributions is a result of a commensurate reduction of each member's pay and is
intended to comply with Section 414(h)(2) of the Internal Revenue Code.
Supp. No. 32 188.6
ADMINISTRATION § 2-299
(c) If an employee leaves the service of the city before accumulating aggregate time of five
(5) years toward retirement and before being eligible to retire under the provisions of this
article he/she shall be entitled to a refund of all of his or her contributions made to the city
pension trust fund, plus any interest accumulated at a rate of interest determined annually by
the board of trustees, less any disability benefits paid to him/her. If an employee who has been
in the service of the city for at least five (5) years and has contributed to the pension trust fund
as provided elects to leave his or her accrued contributions in the trust fund, such employee,
upon attaining the age as required in section 2-278, may retire with the actuarial equivalent
of the amount of such retirement income otherwise payable to him/her.
(d) If a member who terminates employment elects a refund of contributions and:
(1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal
Revenue Service;
(2) Elects to have such eligible distribution paid directly to an eligible retirement plan or
IRA; and
(3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in
such form and at such time as the distributing plan administration may prescribe),
the distribution will be made in the form of a direct trustee -to -trustee transfer to the specified
eligible retirement plan.
(Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1,
10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23,
§ 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No.
58-99-27, § 1, 11-8-99 ; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-05-30, § 1, 4-11-05; Ord. No.
58-06-31, § 1, 4-24-06)
Sec. 2-299. Benefit limitations and required distributions.
(a) Benefits paid under the city employees retirement system shall not exceed the
limitations of Internal Revenue Code Section 415, the provisions of which are hereby
incorporated by reference.
(b) Notwithstanding any provisions in this section to the contrary, the distribution of
benefits shall be in accordance with the following requirements and otherwise comply with
Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of
which are incorporated herein by reference:
(1) A member's benefit shall be distributed to him/her not later than April 1 of the
calendar year following the later of the calendar year in which the member attains age
seventy and one-half (701/2) or the calendar year in which the member retires.
Alternatively, distributions to a member must begin no later than the applicable April
1, as determined under the preceding sentence, and must be made over the life of the
member (or the life expectancies of the member and the member's designated
beneficiary) in accordance with regulations.
Supp. No. 32 188.7
§ 2-299 ATLANTIC BEACH CODE
(2) Distributions to a member and his/her beneficiary shall only be made in accordance
with the incidental death benefit requirements of [Internal Revenue] Code Section
401(a)(9)(G) and the regulations thereunder.
(Ord. No. 58-96-21, § 1, 2-12-96)
DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM*
Sec. 2-300. Created, purpose.
The police officers' retirement system is hereby created and established for the purpose of
providing pensions and death benefits for the police officers of the city and their dependents
in accordance with chapter 185 of the Florida Statutes. The effective date of the retirement
system is on adoption of this division. However, all benefits in existence under all previous
retirement systems or plans effective after December 22, 1975 shall remain in effect and be
included as a part of this retirement system.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-301. Definitions.
The following words and phrases as used in this division shall have the following meanings
unless a different meaning is clearly required by the context:
Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a
form other than the standard form of benefit for members shall have the same actuarial
present value on the date payment commences as such standard form of benefit. For the
purpose of establishing the actuarial present value of any form of payment, all future
payments shall .be discounted for interest and mortality by using +he 1983 Group Mortality
Table, with ages set ahead five (5) years in the case of disability.
Beneficiary shall mean any person who is being paid, or has entitlement to future payment,
of a pension or other benefit by the retirement system for a reason other than the person's
membership in the retirement system.
Board of trustees or board shall mean the board of trustees provided for in this division.
City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards,
departments and instrumentalities.
Compensation shall mean the total cash remuneration paid a member for service rendered
to the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost
of living payments, salary or wages while absent from work on account of vacation, holiday, or
illness, and will also include incentive pay as defined in Chapter 943.22, Florida Statutes.
Compensation shall not include redemptions or payments in consideration of unused vacation
*Editor's note—Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended
for use as Division 4, §§ 2 -261A -2-310A. For purposes of clarity and at the editor's discretion,
these provisions have been included herein as §§ 2-300-2-310.29.
Supp. No. 32 188.8
ADMINISTRATION § 2-301
time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances,
reimbursement of expenses, or payments for extra duty or a special detail work performed on
behalf of a second party employer or any other item not specifically included.
Credited service shall mean the service credited a member as provided in this division.
Supp. No. 32 188.8.1
ANIMALS § 4-11
and the owner may file a written request for a hearing in the county court to appeal the
classification within ten (10) business days after receipt of a written determination of
dangerous dog classification and must confine the dog in a securely fenced or enclosed
area pending a resolution of the appeal. Each applicable local governing authority
must establish appeal procedures that conform to this paragraph.
(2) Within fourteen (14) days after the dog has been classified as dangerous by the animal
control authority or a dangerous dog classification is upheld by the county court on appeal, the
owner of the dog must obtain a certificate of registration for the dog from the animal control
authority serving the area in which he or she resides, and the certificate shall be renewed
annually. The annual cost for such certificate of registration shall be one hundred dollars
($100.00). Animal control authorities are authorized to issue such certificates of registration,
and renewals thereof, only to persons who are at least eighteen (18) years of age and who
present to the animal control authority sufficient evidence of:
(a) A current certificate of rabies vaccination for the dog.
(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults
of the presence of a dangerous dog on the property.
(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
(d) Liability insurance in the amount of at least three hundred thousand dollars
($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars
($300,000.00), which bond shall obligate the owners of any such dog to pay to the City
of Atlantic Beach and to any person injured by such dog any damages and expenses
incurred as a result of the conduct of such dog or its owners.
In the event the owner elects to submit proof of the required liability insurance rather
than a surety bond, then in that event the owner must also submit proof that the owner
has notified its liability insurance company, in writing, that the owner's dog has been
classified as dangerous, together with written proof from the insurance company that
it has been so notified and that there are no exceptions or exclusions in the insurance
policy for dog bites or dangerous dogs.
The appropriate governmental unit may impose an annual fee for the issuance of
certificates of registration required by this section.
(3) The owner shall immediately notify the appropriate animal control authority when a
dog that has been classified as dangerous:
(a) Is loose or unconfined.
(b) Has bitten a human being or attacked another animal.
(c) Is sold, given away, or dies.
(d) Is moved to another address.
Supp. No. 32 305
§ 4-11 ATLANTIC BEACH CODE
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to the animal control authority. The new
owner must comply with all of the requirements of this act and implementing local ordinances,
even if the animal is moved from one local jurisdiction to another within the state. The animal
control officer must be notified by the owner of a dog classified as dangerous that the dog is in
his or her jurisdiction.
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under
control of a competent person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration but will prevent it from biting any person
or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not
have a top, without a muzzle or leash, if the dog remains within his or her sight and only
members of the immediate household or persons eighteen (18) years of age or older are allowed
in the enclosure when the dog is present. When being transported, such dogs must be safely
and securely restrained within a vehicle.
(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt
or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience
trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt
from the provisions of this act when engaged in any legal procedures. However, such dogs at
all other times in all other respects shall be subject to this and local laws. Dogs that have been
classified as dangerous shall not be used for hunting purposes.
(6) This section does not apply to dogs used by law enforcement officials for law enforce-
ment work.
(7) Any person who violates any provision of this section is guilty of a noncriminal
infraction, punishable by a fine not exceeding five hundred dollars ($500.00).
(Ord. No. 95-99-70, § 1, 6-28-99; Ord. No. 95-03-85, §§ 1, 2, 10-13-03; Ord. No. 95-06-90, § 1,
4-10-06)
Sec. 4-12. Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a
domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree,
punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be
immediately confiscated by an animal control authority, placed in quarantine, if necessary, for
the proper length of time, or impounded and held for ten (10) business days after the owner is
given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and
humane manner. This 10 -day time period shall allow the owner to request a hearing under F.S.
§ 767.12. The owner shall be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any appeal procedure.
Supp. No. 32 306
ANIMALS § 4-12
(2) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by an animal control authority,
placed in quarantine, if necessary, for the proper length of time or held for ten (10) business
days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed
in an expeditious and humane manner. This ten-day period shall allow the owner to request
a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal during any appeal
procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous
Supp. No. 32 306.1
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, §§ 5-31-5-33
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. 32 353
§ 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 ohstrnet the view of lifegnerrle performing lifeg119rr actio tie.,
(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. 32
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. 32 355
§ 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—private $50.00 plus a refundable deposit of $100.00
Building usage—nonprofit $25.00 plus a refundable deposit of $50.00
(This fee is for nonprofit organizations hold-
ing events that are advertised and open to the
public, homeowner associations and not-for-
profit groups using the buildings six or more
times a year)
Lost key charge $8.00
Beach bonfire permit $30.00 per event, plus a refundable deposit of
$100.00
Beach campfire permit $25.00 per event, plus a refundable deposit of
$25.00 (maximum six pieces of wood, 24 inches
long by 5 inches wide)
Summer camp $45.00 per week. However, for children who
qualify for free or reduced price lunches at
their schools, the cost will be $5.00 per child
for the duration of the summer camp
Camping on Dutton Island $25.00 per campsite, plus a refundable de-
posit of $25.00
Flag football $10.00 per child
0 a 95 0n 82 1 2 0n 0 l
Lint. No. :J i)-UJ-�76, § 1, i-G7-Uej Vltl. 1V U. 95-05-89, § 1, 4-11-05)
Sec. 5-33. Enforcement of park rules and regulations.
All city employees shall have the authority to enforce the rules and regulations of the city's
public parks. The primary enforcement agents shall be parks and recreation staff members
and police officers.
(a) First violation. First violations of park rules and regulations will result in the violator
being verbally warned by the city employee. If the violator is a juvenile, then the
employee will obtain parental/guardian information and contact the juvenile's parent/
guardian and inform the parent/guardian of the warning. All records of warnings will
be purged after ninety (90) days unless there are subsequent violations.
(b) Second violation within ninety (90) days of first offense. If the violator is a juvenile,
then the parks and recreations staff will contact the juvenile's parent/guardian and
contact the police to complete a trespass after warning (TAW) form for thirty (30) days.
The juvenile information will be purged after ninety (90) days unless there are
subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to
complete a trespass after warning (TAW) form for thirty (30) days.
Supp. No. 32
356
BEACHES AND PARKS § 5-33
(c) Third and subsequent violations within ninety (90) days of the second offense. If the
offender is a juvenile, the parks and recreation staff will contact the juvenile's
parent/guardian and contact the police to complete a trespass after warning (TAW)
form for one (1) year. The juvenile information will be purged after ninety (90) days
unless there are subsequent violations.
If the violator is an adult, then parks and recreations staff will contact the police to
complete a trespass after warning (TAW) form for one (1) year.
(d) [Violations of state law.] Trespassing violations will be handled as violations of state
law.
(e) Authority to regulate park activities. Members of the parks and recreation department
and the police department are authorized to:
(1) Direct any individual to leave any city public park or any specific area of any city
park, and to complete a trespass after warning notice prohibiting an individual
from returning to a city park or any specific area of a city park based on the
individual's violation of posted park rules or violations of criminal codes and/or
statutes.
(2) Close down a city park or any portion of a city park due to violations of park rules,
violations of criminal codes and/or statutes, or due to public safety concerns.
(Ord. No. 95-06-91, § 1, 4-10-06)
[The next page is 407]
Supp. No. 32 357
Art. I.
Art. II.
Art. III.
Chapter 13
OFFENSES*
In General, §§ 13-1-13-150
Minors on Streets and In Public Places, §§ 13-151-13-160
Sexual Offenders and Sexual Predators, § 13-161
ARTICLE I. IN GENERAL
Sec. 13-1. State misdemeanors.
It shall be unlawful for any person to commit within the city any act which is or shall be
recognized by the laws of the state as a misdemeanor, and the commission of such acts is
hereby prohibited.
(Code 1970, § 14-16)
Sec. 13-2. Loitering in, obstructing, etc., streets, public places, etc.
(a) No person shall loiter, lounge or sleep in or upon any street, park or public place or in
any public building, or obstruct the access to any public building or any part thereof, or
obstruct passage through or upon any public street, park or public place.
(b) For the purposes of this section, the term "loiter" shall encompass, but shall not
necessarily be limited to, one or more of the following acts:
(1) Obstruction of the free, unhampered passage of pedestrians or vehicles.
(2) Obstructing, molesting or interfering with any person lawfully upon any street, park
or other public place.
(3) Conduct involving the concept of standing idly by, loafing, walking about aimlessly
without purpose and including the colloquial expression of "hanging around."
(c) A person shall be guilty of violating this section only after refusing to move on when so
requested by a peace officer, provided the peace officer has exercised his discretion reasonably
under the circumstances in order to preserve or promote public peace and order.
(d) For the purpose of this section, the term "other public place" shall be deemed to include
the quasi -public area in front of or adjacent to any store, shop, restaurant, luncheonette or
other place of business, and shall also include any parking lot or other vacant private property
not owned or under the dominion of the person charged with a violation of this section.
(Code 1970, § 14-7)
Cross references—Streets, sidewalks and other public places, Ch. 19; obstructing free
passage of streets and sidewalks prohibited, § 19-1.
*Cross references—Police, Ch. 15; traffic and motor vehicles, Ch. 21.
Supp. No. 32 787
§ 13-3 ATLANTIC BEACH CODE
Sec. 13-3. Discharging firearms, air guns, etc., prohibited.
(a) It shall be unlawful to discharge any firearm or any loaded air gun, air rifle, air pistol
or similar device within the city.
(b) This section does not apply to a person lawfully defending life or property or performing
official duties requiring the discharge of a firearm.
(Code 1970, § 14-17)
State law reference—Discharging firearm in public, F.S. § 790.15.
Sec. 13-4. Drug paraphernalia—Definitions.
The following words and phrases, when used in sections 13-4 and 13-5, shall, for the
purposes of sections 13-4 and 13-5, have the meanings respectively ascribed to them in this
section, except where the context clearly indicates a different meaning:
Cocaine spoon shall mean a spoon with a bowl so small that the primary use for which it is
reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be
unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as
a "cocaine" spoon or "coke" spoon.
Controlled substance shall mean any drug or substance named or described in F.S. § 893.03,
Schedules I through V, as amended, commonly known as the Florida Comprehensive Drug
Abuse Prevention and Control Act.
Marijuana or hashish pipe shall mean a pipe characterized by a bowl which is so small that
the primary use for which it is reasonably adapted or designed is the smoking of marijuana or
hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a
screen.
Paraphernalia shall mean an empty gelatin capsule, hypodermic syringe or needle, cocaine
spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is
primarily adapted or designed for the administration or use of any controlled substance.
(Ord. No. 95-80-19, § 2, 2-25-80)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 13-5. Same—Sale, display, etc., of paraphernalia, prohibited; exceptions.
(a) It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give
away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe,
hashish pipe or any other instrument, implement or device which is primarily adapted or
designed for the administration or use of any controlled substance as enumerated in F.S.
§ 893.03, Sch. I—V, as amended, commonly known as the Florida Comprehensive Drug Abuse
Prevention and Control Act.
(b) The prohibition contained in this section shall not apply to manufacturers, wholesalers,
jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching
institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropo-
Supp. No. 32 788
OFFENSES § 13-154
Sec. 13-152. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular number,
and words in the singular number the plural number. The word "shall" is always mandatory
and not merely directory.
City. The City of Atlantic Beach.
Custodian. Any person over the age of eighteen (18) who is in loco parentis to a juvenile.
Guardian. Any person other than a parent, who has legal guardianship of a minor.
Minor. Any person under the age of eighteen (18).
Parent. The natural or adoptive parent of a minor.
Public place. Any street, alley, highway, sidewalk, park, playground or place to which the
general public has access and a right to resort for business, entertainment, or other lawful
purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted
to amusement or entertainment of the general public. It shall also include the front or
immediate area of the above.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-153. Curfew for minors.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place
either on foot or to cruise about without a set destination in any vehicle in, about or upon any
place in the city between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday, and
between the hours of 12:00 p.m. and 6:00 a.m., Friday through Saturday, unless accompanied
by a parent, guardian, custodian or other adult person having custody or control of such minor
or unless the minor is on an emergency errand or specific business or activity directed or
permitted by his parent, guardian or other adult person having the care and custody of the
minor or where the presence of such minor is connected with or required by some legitimate
employment, trade, profession or occupation.
(Ord. No. 57-89-14, § 2, 2-27-89)
Sec. 13-154. Responsibilities of owners of public places.
It shall be unlawful for any person, firm or corporation operating or having charge of any
public place to knowingly permit or suffer the presence of minors under the age of eighteen (18)
between the hours of 12:00 p.m. and 6:00 a.m.
(Ord. No. 57-89-14, § 3, 2-27-89)
Supp. No. 32 795
§ 13-155 ATLANTIC BEACH CODE
Sec. 13-155. Parents' responsibility.
It shall be unlawful for the parent, guardian or other adult person having custody or control
of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to allow
such person to be on the streets or sidewalks or on or in any public property or public place
within the city between the hours of 10:00 p.m. and 6:00 a.m. However, the provisions of this
section do not apply to a minor accompanied by his parent, guardian, custodian or other adult
person having the care, custody or control of the minor, or if the minor is on an emergency
errand or specific business or activity directed by his parent, guardian, custodian or other
adult having the care and custody of the minor or if the parent, guardian or other adult person
herein has made a missing person notification to the police department.
(Ord. No. 57-89-14, § 4, 2-27-89)
Sec. 13-156. Special functions.
Any minor attending a special function or entertainment of any church, school, club, or
other organization that requires such minor to be out at a later hour than that called for in
section 13-153 shall be exempt from the provisions of section 13-153 of this article provided,
however, the chief of police or his designee may verify said special function or entertainment
with the minor's parents or by contact with said church, school, club or other organization.
(Ord. No. 57-89-14, § 5, 2-27-89)
Sec. 13-157. Procedures.
(a) Any police officer upon finding a minor in violation of section 13-153 shall ascertain the
name and address of such minor and warn the minor that he is in violation of curfew and shall
direct the minor to proceed at once to his or her home or usual place of abode. The police officer
shall report such action to the shift supervisor of the police department who in turn shall notify
the parents, guardian, or person having custody or control of such minor.
(b) If such minor refuses to heed such warning or direction by any police officer or refuses
to give such police officer his correct name and address, or if the minor has been warned on a
previous occasion that he or she is in violation of curfew, he or she shall be taken to the police
department and the parent, guardian or other adult person having the care and custody of
such minor shall be notified to come and take charge of the minor. If the parent, guardian or
other adult person above cannot be located or fails to come and take charge of the minor, the
minor shall be released to the juvenile authorities.
(Ord. No. 57-89-14, § 6, 2-27-89)
Sec. 13-158. Penalties.
Any minor violating the provisions of this article shall be dealt with in accordance with the
juvenile court law and procedure. Any parent, guardian, or other adult person having the care
and custody of a minor violating this article shall, after having been previously notified under
section 13-157 be fined not more than fifty dollars ($50.00) for each offense.
(Ord. No. 57-89-14, § 7, 2-27-89)
Supp. No. 32 796
OFFENSES § 13-161
Secs. 13-159, 13-160. Reserved.
ARTICLE III. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 13-161. Sexual predators residency requirement.
(a) It is unlawful for any person who is required by Florida law to register as a sexual
predator to reside within two thousand five hundred (2,500) feet of any school, public library,
licensed child day-care center, park, playground, or the ocean beach, which are places where
children regularly congregate, whether said locations are in the city limits of Atlantic Beach or
in any neighboring city.
(b) A person residing within two thousand five hundred (2,500) feet of any school, public
library, licensed day-care center, park, playground, or the ocean beach, which are places where
children regularly congregate, whether said locations are in the city limits of Atlantic Beach or
in any neighboring city, does not commit a violation of this section, provided that the sexual
predator is in full compliance with probation, parole, or conditional release and does not
commit another sexual offense, and was in compliance with the residency restrictions prior to
October 10, 2005, if any of the following apply:
(1) The person established the permanent residence prior to October 10, 2005.
(2) The person was a minor when he/she committed the offense and was not convicted as
an adult.
(3) The person is a minor.
(4) The school, public library, licensed day-care center, park, or playground, which are
places where children regularly congregate, whether said locations are in the city
limits of Atlantic Beach or in any neighboring city, within two thousand five hundred
(2,500) feet of the persons' permanent residence was opened after the person estab-
lished the permanent residence.
(c) Any person violating any provision of this section shall be guilty of an offense punishable
as set forth in section 1-11 of the Code of Ordinances of the City of Atlantic Beach, Florida.
(Ord. No. 57-05-22, § 1, 10-10-05)
[The next page is 839]
Supp. No. 32 797
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-7
Sec. 19-6. Traffic calming devices.
The city commission shall take no action on the installation of any traffic calming devices,
such as speed bumps or stop signs, unless:
(1) The police department, or such other person as directed by the director of public safety,
has conducted proper research and declared the area where such devices are requested
to be installed a "traffic safety hazard area"; and
(2) The installation of such devices is expected to correct the situation in said area.
(Ord. No. 75-03-15, § 1, 6-9-03)
Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended
for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions have
been codified herein as a new § 19-6.
Sec. 19-7. Construction of driveways in rights-of-way.
The construction of a new driveway in the city's right-of-way, or the modification of an
existing driveway in a right-of-way, shall require a construction permit within city rights-of-
way and easements. Said permit shall be issued subject to the following requirements:
(a) The proposed driveway shall not create more than fifty (50) percent impervious area
within the right-of-way.
(b) Any permit issued shall be a revocable encroachment permit if any nonstandard
driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required
to do any utility or other work or repairs in a right-of-way which damages such
nonstandard materials, the homeowner shall be responsible for repairs necessary to
the materials.
(c) Any construction within the city's rights-of-way shall not adversely affect or restrict
public parking in the rights-of-way.
(d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through)
streets listed in city Code subsection 21-17(h).
(e) Any improvements in the city's rights-of-way that are not part of a driveway or
sidewalk shall be constructed of turf block or other pervious material.
(f) Maximum driveway width at the property line and through the right-of-way shall be
twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet,
and circular drives shall only be permitted on lots having at least one hundred -foot
frontage.
(g) Maximum driveway width at the property line and through the right-of-way for
duplexes on a fifty -foot lot shall be a combined width for both driveways of twenty-four
(24) feet.
Supp. No. 32 1113
§ 19-7 ATLANTIC BEACH CODE
(h) Driveways that cross sidewalks. City sidewalks may not be replaced with other
materials, but must be replaced with smooth concrete left natural in color so that it
matches the existing and adjoining sidewalks.
(Ord. No. 65-05-34, § 1, 8-8-05)
Supp. No. 32 1114
[The next page is 1157]
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. 32 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 shall be unlawful for anyone to tamper with any city appurtenances of water services.
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) Monthly water base facility charges for customers inside the city: Amonthly water base
facility charge will be levied upon each connection in accordance with the following:
Residential
Single-family residential and single-fam-
ily individual -metered mobile homes
Supp. No. 32 1280
$6.54 per account
UTILITIES § 22-27
Multifamily residential
Master -metered mobile homes
Travel trailers
Hotel/motel
Hotel/motel with kitchen
Commercial
Master -metered commercial
Restaurants, laundries, and car wash con-
nections
All other commercial customers
Irrigation
All residential
All commercial
$4.91 per unit
$4.91 per site
$4.91 per site
$4.91 per room
$4.91 per room
$6.54 per unit
Based on meter size phase in
Based on meter size phase in
$6.54 per account
Based on meter size phase in
table below
table below
table below
Water base facility charges for the commercial classifications are based upon the meter
size and they will become effective as follows:
Meter Size
(in inches)
5/s or 3/4
1
1 V!2
2
3
4
6
8
Effective Effective Effective
October 1, 2005 October 1, 2006 October 1, 2007
$6.54 $6.54 $6.54
$7.35 $7.77 $8.18
$11.14 $13.89 $16.36
$16.36 $21.26 $26.16
$29.44 $40.88 $52.32
$44.15 $62.95 $8L76
$85.03 $124.27 $163.51
$134.09 $197.85 $261.62
(2) Schedule of water volume charges for customers inside the city:
a. Single units. There are hereby -established inclining block volume charges for
single-family residential and single-family individual -metered mobile homes, per
account as follows:
Block
1
2
3
4
5
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
3,000
8,000
13,000
18,000
Over 18,000
$0.22
$1.79
$2.10
$3.15
$4.74
b. Multiple units and commercial accounts. There are hereby -established an inclin-
ing block volume charge for all multiunit residential and multiunit commercial
Supp. No. 32 1281
§ 22-27 ATLANTIC BEACH CODE
accounts as follows:
Block
1
2
Upper Limit
Gallons per Month
(per unit)
2,000
Over 2,000
Rate per Thousand
Gallons
$0.22
$1.79
c. Single unit irrigation. There are hereby -established an inclining block irrigation
volume charge for all single-family residential and single-family individual -
metered mobile homes, per account as follows:
Block
1
2
3
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
13,000 $2.10
18,000 $3.15
Over 18,000 $4.74
d. Multiple unit and commercial irrigation. There are hereby established an
inclining block volume charge for all multiunit residential irrigation accounts and
all commercial irrigation accounts as follows:
Block
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
1 3,000
2 Over 3,000
$0.22
$1.79
(3) Customers outside the city. The rates applicable to customers outside of the city shall
be one and one-quarter (1.25) times the rates above for both monthly water base
facility charges and water volume charges.
(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; Ord.
No. 80-03-67, § 1, 9-22-03; Ord. No. 80-04-69, § 1, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05)
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.
Supp. No. 32 1282
UTILITIES § 22-166
testing pertinent to discharge to the community system in accordance with the provisions of
this article. The city shall have the right to suspend service if permission is denied.
(Ord. No. 80-83-23, § I(Art. VII, § 1), 6-27-83)
Sec. 22-152. Information concerning industrial processes.
The city manager or other duly authorized employees are authorized to obtain information
concerning industrial processes which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry must establish that the revelation
to the public of the information in question might result in an advantage to its competitors.
(Ord. No. 80-83-23, § I(Art. VII, § 2), 6-27-83)
Sec. 22-153. Observing safety rules; indemnification and liability.
While performing the necessary work on private properties referred to in section 22-151, the
manager or duly authorized employees of the city shall observe all safety rules applicable to
the premises established by the company, and the company shall be held harmless for injury
or death to the city employees, and the city shall indemnify the company against loss or
damage to its property by city employees and against liability claims and demands for personal
injury or property damage asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure of the company to
maintain safe conditions as required in section 22-134.
(Ord. No. 80-83-23, § I(Art. VII, § 3), 6-27-83)
Sec. 22-154. Easements.
The city manager and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties through which
the city holds a duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of the wastewa-
ter facilities lying within the easement. All entry and subsequent work, if any, on the
easement, shall be done in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
(Ord. No. 80-83-23, § I(Art. VII, § 4), 6-27-83)
Secs. 22-155-22-165. Reserved.
DIVISION 7. SEWER USER RATES AND CHARGES
Sec. 22-166. Monthly wastewater base facility charges.
Wastewater base facility charges will be levied monthly as follows:
(a) Monthly wastewater base facility charge for customers inside the city. A monthly base
charge will be levied upon each connection in accordance with the following:
An equivalent residential unit (ERU) is defined as a wastewater connection that
delivers three hundred (300) gallons per day (gpd) of typically domestic wastewater
Supp. No. 32 1295
§ 22-166 ATLANTIC BEACH CODE
flow to the waste stream, or equivalent to a residence serviced by a three -fourths -inch
water meter.
Residential
Single-family residential and single-family individual -
metered mobile homes, per account
Multifamily residential, per unit
Master -metered mobile homes
Travel trailers
Hotel/motel
Hotel/motel with kitchen
Commercial
Master -metered commercial
Restaurants, laundries, and car wash connections
All other commercial customers
$13.69 per account
$10.27 per unit
$10.27 per site
$ 8.22 per site
$ 6.85 per room
$ 8.22 per room
$13.69 per unit
$13.69 x ERU factor
$13.69 x ERU factor
The ERU factor for the commercial classification is based upon meter size as follows:
Meter Size (in inches)
5/3 x 3/4
1
11/2
2
3
4
6
8
ERU Factor
1.00
1.28
2.08
2.88
5.60
10.00
20.00
30.00
(b) Customers outside the city. The rates applicable to customers outside of the city shall
be one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 1), 6-27-83; Ord. No. 80-85-28, § 1, 11-11-85; Ord. No.
80-86-30, § 1, 3-24-86; Ord. No. 80-86-31, § 1, 6-23-86; Ord. No. 80-87-34, § 1, 6-22-87; Ord. No.
80-91-45, § 2, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord.
No. 80-00-62, § 4, 9-25-00; Ord. No. 80-03-67, § 2, 9-22-03; Ord. No. 80-04-69, § 2, 7-26-04; Ord.
No. 80-05-72, § 1, 9-26-05)
Sec. 22-167. Schedule of wastewater volume charges.
(a) Customers inside the city. There are hereby established block volume charges for
customers inside the city as follows:
(1) Single-family residential and single-family individual -metered mobile homes, per
account as follows:
Supp. No. 32
1296
Block
UTILITIES § 22-170
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
1 3,000 $0.46
2 13,000 $3.80
3 Over 13,000 $0.00
(2) Multiunit residential and all commercial units as follows:
Block
Upper Limit
(Gallons per Month, per
Unit)
1 3,000
2 Over 3,000
Rate per Thousand
Gallons
$0.46
$3.80
(b) Customers outside the city. The rates applicable to customers outside of the city shall be
one and one-quarter (1.25) times the rates above.
(Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No.
80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No.
80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord.
No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord. No. 80-03-67, § 3, 9-22-03; Ord.
No. 80-04-69, § 2, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05)
Sec. 22-168. Review and changes of rates.
The uniform rates and charges established by this division may be reviewed annually, or as
directed by the city commission, and any change of rates and charges shall be established by
ordinance of the city commission after due public notification. Any rates and charges
established as provided in this division shall be binding with the same force and effect as if
incorporated in this section.
(Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-169. Connection fees.
Charges for providing and approving connections to the sewer system with installation
performed by the city are as follows and shall be in addition to impact fees.
All units: Cost for labor and materials as provided in section 2-368 of the City Code.
(Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-170. Impact fees.
The fee for providing facilities for new connections and capacity increases for growth shall
be as follows:
Residences, per unit $ 1,250.00
Supp. No. 32 1297
§ 22-170 ATLANTIC BEACH CODE
Commercial:
Office buildings, per 100 square feet 40.00
Groceries, per 100 square feet 20.00
Retail shops, per restroom 1,260.00
Theatres, per seat 16.00
Restaurants, per seat 160.00
Service stations, per restroom 3,150.00
Car wash, self-service, per stall 1,850.00
Car wash, roll-over 11,850.00
Car wash tunnel 17,750.00
Beauty shops/barber shops, per chair 630.00
Laundromats, per machine 790.00
Hotels/motels, per restroom 475.00
(Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-171. Payment of connection fees and impact fees.
Payment of connection 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 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. Upon all payments being made in full, a release of lien shall be recorded.
(Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No.
80-92-51, § 3, 11-23-92)
Sec. 22-172. Disposition of impact fees.
All revenues collected by the city through sewer impact fees shall be held in a special
account to be known as the wastewater system capital improvement account. The money
deposited and held in said account and all interests accrued thereto shall be used only for the
improvement, expansion, and/or replacement of the wastewater collection, treatment, and
disposal system of the city.
(Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92)
Sec. 22-173. Billing.
The sewer charges prescribed by this division shall be on the same bill for the city water
charges and garbage collection charges, but each charge shall be shown as a separate item on
the bill. No user so charged for water, sewer, and garbage services may pay either of the
Supp. No. 32
1298
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Grade, finished shall mean the elevation of a site after all fill, land balancing or site
preparations have been completed. Finished grade shall not be used in the calculation of
allowable height of building.
Group care home shall mean any dwelling, building or other place, occupied by seven (7) or
more persons, including staff, whether operated for profit or not, which provides for a period
exceeding twenty-four (24) hours, one (1) or more personal services for persons not related to
the owner or administrator by law, blood, marriage or adoption, and not in foster care, who
require such services. The personal services, in addition to housing and food services, may
include but not be limited to personal assistance with bathing, dressing, housekeeping, adult
supervision, emotional security, and other related services but not including medical services.
Guest house or guest quarters shall mean a building or portion therein used only for
intermittent and temporary occupancy by a non-paying guest or family member of the
occupant of the primary residence. A guest house or guest quarters shall not be converted to
or used as a permanent dwelling unit, shall not be rented for any period of time and shall not
contain a kitchen, but may contain a kitchenette as defined herein.
Height of building shall mean the vertical distance from the calculated average grade of the
lot to the highest point of a building's roof structure or parapet, and any attachments thereto,
exclusive of chimneys.
Home occupation shall mean any use conducted entirely within a dwelling and carried on by
an occupant thereof, which use is clearly incidental and secondary to the principal use of the
dwelling for residential purposes and does not change the residential character thereof. Home
occupations shall be allowed only in accordance with the requirements of section 24-159.
Home office shall mean an activity consisting only of a private office for a practitioner of a
recognized business or profession, which is entirely located within a residential structure and
does not involve any daily contact with customers or clients. A home office shall be clearly
incidental and accessory to the residential use of the property, and shall not involve any
employees, commercial signage, manufacturing or storage of products or materials, or the use
of any equipment other than normal office equipment and shall not create any additional daily
traffic. Home offices shall be a permitted accessory use in all residential zoning districts.
Hospital shall mean any institution or clinic, which maintains and operates facilities for
overnight care and treatment of two (2) or more unrelated persons as patients suffering mental
or physical ailments, but not including any dispensary or first-aid treatment facilities
maintained by a commercial or industrial plant, educational institution, convent or convales-
cent home or similar institutional use.
Hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court shall mean a
building, or portion of a building, containing individual guest rooms or guest accommodations
for which rental fees are charged for daily or weekly lodging. This definition shall not include
private homes leased for periods exceeding ninety (90) days.
House trailer See Mobile home.
Supp. No. 32 1417
§ 24-17 ATLANTIC BEACH CODE
Impervious surface shall mean those surfaces that prevent the entry of water into the soil.
Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas,
driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any
surfacing material with a base or lining of an impervious material. Wood decking elevated two
or more inches above the ground shall not be considered impervious provided that the ground
surface beneath the decking is not impervious. Pervious areas beneath roof or balcony
overhangs that are subject to inundation by stormwater and which allow the percolation of
that stormwater shall not be considered impervious areas. Swimming pools shall not be
considered as impervious surfaces because of their ability to retain additional rainwater,
however, decking around a pool may be considered impervious depending upon materials used.
Surfaces using pervious concrete or other similar open grid paving systems shall be calculated
as fifty (50) percent impervious surface, provided that no barrier to natural percolation of
water shall be installed beneath such material. Open grid pavers must be installed on a sand
base, without liner, in order to be considered fifty (50) percent impervious. Solid surface
pavers. (e.g., brick or brick appearing pavers as opposed to open grid pavers) do not qualify for
any reduction in impervious area, regardless of type of base material used.
Unless otherwise and specifically provided for in these land development regulations, or
within another ordinance, or by other official action establishing specific impervious surface
limits for a particular lot or development project, the fifty -percent impervious surface limit
shall be the maximum impervious surface limit for all new residential development and
redevelopment. In such cases where a previously and lawfully developed residential lot or
development project exceeds the fifty -percent limit, redevelopment or additions to existing
residential development shall not exceed the preconstruction impervious surface limit,
provided the stormwater and drainage requirements of section 24-66 are met.
improvements shall include, but 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.
Institutional use shall mean the structure or land occupied by a group, cooperative, board,
agency or organization created for the purpose of carrying on functions, such as hospitals,
schools, churches, fraternal orders, orphanages, assisted living facilities, and nursing or
convalescent homes.
Junk yard. See Salvage yard.
Kennel, pet shall mean facilities for the keeping of any pet or pets, regardless of number, for
sale or for breeding, boarding or treatment purposes. This shall not include, veterinary clinics,
animal grooming parlors or pet shops.
Kitchen shall mean an area of a building permanently equipped for food storage, prepara-
tion, or cooking.
Supp. No. 32 1418
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Kitchenette shall mean an area within a building containing limited kitchen facilities such
as a bar sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Land shall mean the earth, water and air, above or below, or on the surface, and includes
any improvements or structures customarily regarded as part of the land.
Land development regulations as used within this Code, shall have the same meaning as
defined in Section 163.3164, Florida Statutes and shall include zoning, subdivision, building
and construction and other regulations controlling the use and development of land.
Landscaping shall mean any of the following or combination thereof: living materials, such
as but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving
durable materials commonly used in landscaping, such as but not limited to, rocks, pebbles,
sand, walls, fences, beaus, sculptures and fountains, but excluding paving.
Supp. No. 32 1418.1
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
(3) Camping trailer shall mean a collapsible, temporary dwelling covered with a water-
repellent fabric, mounted on wheels and designed for travel, recreation and vacation
uses.
(4) Auto camper shall mean a lightweight, collapsible unit that fits on top of an automobile
and into the trunk with the cover removed, and is designed for travel, recreation and
vacation uses.
(5) Vans or similar enclosed vehicles specially equipped for camping.
Restaurant shall mean any establishment where food is prepared or served for consumption
on or off the premises or within an enclosed business or building.
Right-of-way shall mean the area of a highway, road, street, way, parkway, sidewalk, or
other such strip of land reserved for a public use, whether established by prescription,
easement, dedication, gift, purchase, eminent domain or other lawful means.
Salvage yard shall mean a place where discarded or salvaged materials, are bought, sold,
exchanged, stored, baled, packed, disassembled or handled. Salvage yards shall include
automobile wrecking, house wrecking and structural steel materials and equipment yards, but
shall not include places for the purchase or storage of used furniture and household
equipment, used cars in operable condition, or used or salvaged materials from manufacturing
operations or for any type of automotive repair.
Screening shall mean the required treatment of land parallel to adjacent lot lines,
containing either: densely planted trees and shrubs at least four (4) feet in height at the time
of installation and of an evergreen variety that shall form a year round visual barrier and shall
reach a minimum height of six (6) feet at maturity; or an opaque wood, masonry, brick or
similarly constructed fence, wall or barrier. Where a fence, wall or similar type barrier is used,
construction materials, finish and colors shall be of uniform appearance. All screening shall be
maintained in good condition. Where appropriate, a landscaped berm may be used in place of
a fence, wall or trees.
Seat shall mean, for the purpose of determining the number of required off-street parking
spaces, the number of chairs. In the case of benches or pews, each linear twenty-four (24)
inches of seating shall count as one (1) seat. For areas without fixed seating such as standing
areas, dance floors or bars, each seven (7) square feet of floor space shall constitute a required
seat.
Service station, automotive shall mean any building, structure or land used for the
dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in
connection with which is performed minor automotive service, but not heavy automotive
repair.
Setback shall mean the required distance between the lot line and the building or structure.
See definition for building setback.
Supp. No. 32 1423
§ 24-17 ATLANTIC BEACH CODE
Shopping center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-street parking provided on the
property, and related in location, size and type of shops to the trade area the shopping center
serves.
Short-term rentals shall mean any residential rental or lease the term of which is less than
ninety (90) days. Short-term rentals shall be considered to be "commercial uses" as are hotel,
motel, motor lodge, resort rental, bed and breakfast or tourist court uses.
Site plan shall mean the surveys, maps or drawings depicting the specific location and
design of improvements proposed to be installed or constructed in accordance with the
requirements of this chapter.
Sight triangle shall mean the area within the limits described by the two (2) intersecting
center lines of a street and a line drawn between them from points on each center line that are
a prescribed number of feet from the intersection of the center lines. See figure 3.
\\
LotLines
Y
Sight Triangle
Street Right -of -Way Line
Figure 3
Sign shall mean any identification, description, illustration, or device illuminated or
non -illuminated, which is visible from any outdoor place, open to the public and which directs
attention to a product, service, place, activity, person, institution, or business thereof,
including any permanently installed or situated merchandise; or any emblem, painting,
banner, pennant, placard, designed to advertise, identify, or convey information, with the
exception of customary window displays, official public notices and court markers required by
federal, state or local regulations; also excepting, newspapers, leaflets and books intended for
individual distribution to members of the public, attire that is being worn, badges, and similar
personal gear. Signs shall also include all outdoor advertising displays as described within
Section 3108.1.1, Florida Building Code, and all signs shall conform to the requirements of
Section 3108 of the Florida Building Code.
Supp. No. 32 1424
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-17
Story shall mean that portion of a building included between the surface of any floor and the
surface of the floor above it, or if there is no floor above it, then the space between the floor and
ceiling above.
Street shall mean a public or private thoroughfare, which affords the principal means of
access to abutting property. This includes lane, place, way, alley or other means of ingress or
egress, regardless of the term used to describe it.
Street, arterial shall mean a part of the roadway system serving as a principal network for
through traffic flow, including all state roads and any other roadway serving a similar
function. Arterial streets are utilized primarily for high-speed vehicular traffic and heavy
volumes of traffic, collecting traffic from collector streets.
Street, local shall mean a part of the roadway system providing primarily access to
residential driveways and circulation within residential neighborhoods.
Street, major collector shall mean a street carrying medium volumes of traffic collected
primarily from minor collector streets and delivering the traffic to arterial streets.
Street, minor collector shall mean a street carrying relatively light volumes of traffic
primarily from minor collector streets to major collector streets.
Street, private shall mean a street that is privately owned and maintained, and where a
properly recorded private easement has been approved by the appropriate city agency.
Street, public shall mean a street legally dedicated to public use and officially accepted by
the city.
Street right-of-way line shall mean the dividing line between a lot or parcel of land and the
contiguous street.
Structural alteration shall mean any change in the supporting members of a structure, such
as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof
or in the exterior walls.
Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30)
inches or more in height, including modular, manufactured and mobile homes, storage tanks,
or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles, and
overhead transmission lines, but excluding fences not over six (6) feet in height and landscape
features that do not contain a solid or screened roof such as trellises, arbors, pergolas,
fountains and statuary. Buildings constructed with a connected solid roof structure shall be
considered as a single structure.
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 of
developing land.
Supp. No. 32 1425
§ 24-17 ATLANTIC BEACH CODE
Swimming pool shall mean any constructed pool used for swimming.
Theater shall mean an establishment offering dramatic presentations or showing motion
pictures to the general public.
Threatened or endangered species shall mean species so listed by the Florida Fish and
Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Ser-
vices, and U.S. Fish and Wildlife Service.
Townhouse shall mean a residential dwelling unit constructed in a group of two (2) or more
attached units with ownership lines separating each dwelling unit through a common wall(s)
and where ownership of each dwelling unit is held in fee -simple title for property as defined by
a metes and bounds or other valid legal description. Development of townhouses, or conversion
to townhouses, shall be allowed only in compliance with Florida Building Codes related to
adequate firewall separation. Further, development of townhouses, or conversion to townhouses,
shall be allowed only in compliance with the applicable residential density as established by
the comprehensive plan, and in accordance with section 24-87 and article IV of this chapter as
well as applicable provisions of Part I, Chapter 177, Florida Statutes.
Trailer, boat, horse, or utility shall mean a conveyance drawn by other motive power and
used for transporting a boat, animal, equipment or general goods. See also Recreational
vehicle.
Travel trailer park or court shall mean a park or court, licensed and approved by the state
board of health, and established to carry on the business of parking travel trailers.
Use. To the extent used within these land development regulations, use shall mean the
lawful purpose for which land or water, or a structure thereon, is designated.
Used, as applied to any land or structure, shall include the words "intended," "arranged,"
"designed to be used for" or "occupied by."
Variance. A variance shall mean relief granted from certain terms of this chapter. The relief
granted shall be only to the extent as expressly allowed by this chapter and may be either an
allowable exemption from certain provision(s) or a relaxation of the strict, literal interpreta-
tion of certain provision(s). Any relief granted shall be in accordance with the provisions as set
forth in section 24-64 of this chapter, and such relief may be subject to conditions as set forth
by the City of Atlantic Beach.
Vehicular use area (VUA) means those areas of a site to be used for off-street parking,
employee parking, service drives, loading spaces and access drives within property located in
the commercial and industrial zoning districts.
Vested development shall mean a proposed development project or an existing structure or
use, which in accordance with applicable Florida law or the specific terms of this chapter, is
exempt from certain requirements of these land development regulations and/or the compre-
hensive plan.
Supp. No. 32 1426
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-30
Veterinary clinic shall mean any building or portion thereof designed or used for the
veterinary care, surgical procedures or treatment of animals, but shall not include the
boarding of well animals.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter, when it is
demonstrated that compliance with such provision(s) would be unreasonable, in conflict with
the public interest, or a practical impossibility. A waiver from these land development
regulations may be approved by the city commission upon showing of good cause, and upon
evidence that an alternative to a specific provision(s) of this chapter shall be provided, which
conforms to the general intent and spirit of these land development regulations. In considering
any request for a waiver from these land development regulations, the city commission may
require such conditions as appropriate to ensure that the general intent and spirit of these
land development regulations are enforced. A waiver shall not modify any requirement or term
customarily considered as a variance or any requirement or term prohibited as a variance.
Wetlands shall mean those areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support vegetation typically adapted for
life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs,
cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric
seepage slopes, tidal marshes, mangrove swamps and other similar areas. The delineation of
actual wetland boundaries may be made by professionally accepted methodology consistent
with the type of wetlands being delineated but shall be consistent with any unified statewide
methodology for the delineation of wetlands.
Yard means a required area on the same lot with a building, unoccupied and unobstructed
from the ground upward, except by trees or shrubbery, landscape elements and uncovered
steps, decks, balconies or porches not exceeding thirty (30) inches in height, or as otherwise
provided for within this chapter.
Yard, required front means the required yard extending across the full width of the lot,
extending from the front lot line to the front building setback line as established by the zoning
district designation. (See definitions for Eaves and cornices and building setback.)
Yard, required rear means a required yard extending across the full width of the lot,
extending between the rear lot line and the rear building setback line as established by the
zoning district designation. (See definitions for Eaves and cornices and Building setback.)
Yard, required side means a required yard extending between a side lot line and the side
building setback line as established by the zoning district designation. (See definitions for
Eaves and cornices, building setback and corner lot.)
Zoning map shall mean the official record of the city depicting the zoning district
classifications on property within the municipal limits of the city.
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-06-188, § 1, 3-13-06; Ord. No. 90-06-193, § 1,
5-22-06)
Secs. 24-18-24-30. Reserved.
Supp. No. 32 1427
§ 24-31 ATLANTIC BEACH CODE
ARTICLE III. ZONING REGULATIONS
DIVISION 1. IN GENERAL
Sec. 24-31. Scope.
The provisions of this chapter shall be administered in accordance with the rules set forth
within this article and the detailed regulations governing each zoning district. Administrative
procedures and the responsibilities of the city commission, the community development
director, and the community development board are set forth herein. Procedures for the filing
of applications, for amendments to this chapter, the appeal of decisions on any matter covered
within this chapter and the land development regulations are also included herein.
(Ord. No. 90-03-184, § 2, 12-8-03)
Secs. 24-32-24-45. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 24-46. City commission.
It shall be the responsibility of the city commission to perform the following duties and
responsibilities in accordance with this chapter:
(1) To enforce this chapter in accordance with, and consistent with, the adopted Compre-
hensive Plan for the City of Atlantic Beach.
(2) To make amendments to the comprehensive plan, this chapter, the zoning map by a
simple majority vote of the city commission atter holding the required public hearing,
and after considering a written recommendation from the community development
board performing its functions as the planning agency.
(3) To approve or deny requests for subdivisions, plats and changes to plats and planned
unit developments (PUDs) in accordance with the requirements of this chapter after
holding required public hearings and after considering a written recommendation from
the community development board.
(4) To authorize limited waivers, on a case-by-case basis, from a specific provision(s) of
these land development regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a
practical impossibility. A waiver from these land development regulations may be
approved only upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the general
intent and spirit of these land development regulations. In considering any request for
a waiver from these land development regulations, the city commission may require
conditions as appropriate to ensure that the intent of these land development
regulations is enforced. A waiver shall not modify any requirement or term customarily
Supp. No. 32 1428
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-46
considered as a variance or any requirement or term prohibited as a variance, and
shall be considered only in cases where alternative administrative procedures are not
set for the within this Code of Ordinances.
(5) To establish fees to related to the administrative costs of carrying out the requirements
of this chapter.
Supp. No. 32 1428.1
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-82
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle shall be used as a residence, temporarily or permanently, nor
shall any such residence of temporary character be permitted in any zoning district.
(j) Minimum floor area for residential dwelling units:
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground
floor and not less than a total of one thousand (1,000) square feet of enclosed living
area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of
enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred
eighty (480) square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from
other living areas, five hundred seventy-five (575) square feet of enclosed living
area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned
from the living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned
from other living areas, eight hundred forty (840) square feet of enclosed living
area.
e. Four (4) bedrooms with each individual bedroom area penuanently partitioned
from other living areas, nine hundred ninety (990) square feet of enclosed living
area.
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living
per additional room.
(k) Flood protection. 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 ensure that grade changes will not alter the natural drainage or adversely affect
other areas downstream through added runoff or adverse impacts to water quality.
Supp. No. 32 1447
§ 24-82 ATLANTIC BEACH CODE
(1) Short-term rentals prohibited. Private homes, including, but not limited to, single-family
homes, townhomes, duplexes, condominiums, and the like, shall not be rented or leased for a
term or period of less than ninety (90) days. No one shall offer or advertise a private home for
rent or lease for a term or period of less than ninety (90) days.
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-06-193, § 2, 5-22-06)
Sec. 24-83. Required yards and permitted projections into required yards.
(a) Required yards. Unless otherwise specified in this chapter, every part of a required yard
shall be open and unobstructed from the finished grade to the sky, except for structures that
do not exceed thirty (30) inches in height.
(b) Structural projections. Architectural features such as eaves and cornices, and open
balconies and porches may project a distance not to exceed forty-eight (48) inches into required
front and rear yards. Such balconies and porches may be covered, but shall not be enclosed in
any manner, except that balconies and porches within rear yards may be enclosed with
screening only. Eaves and cornices only may project into required side yards, but not beyond
twenty-four (24) inches, or forty (40) percent of the established required side yard setback,
whichever distance is less.
(c) Mechanical equipment. Equipment such as heating and air conditioning units, pumps,
compressors, or similar equipment that makes excessive noise, shall not be located closer than
five (5) feet from any lot line.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-84. Double frontage lots.
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided
on each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean -front lots on Beach Avenue. For these double frontage lots
having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic
Ocean, and the required front yard shall be measured from the lot line parallel to or nearest
the ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the
yard which faces Ocean Boulevard.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-85. Nonconforming lots, uses and structures.
(a) Intent. Within the established zoning districts, there exist lots, structures and uses of
land that were lawful prior to the adoption of these land development regulations. Such lots,
uses and structures would be prohibited, restricted or regulated through the provisions of this
chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal
rights entitled to property owners of existing nonconforming lots, uses and structures, and to
Supp. No. 32 1448
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-85
permit such nonconformities to continue in accordance with such rights, but not to otherwise
encourage their continued survival. Furthermore, the presence of any nonconforming charac-
teristic shall not be considered as justification for the granting of variances, and any
nonconforming structure or use, which is made conforming shall not be permitted to revert to
any nonconforming structure or use.
Supp. No. 32 1448.1
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-102
Secs. 24-89-24-100. Reserved.
DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-101. Intent and purpose.
The City of Atlantic Beach shall be divided by these land development regulations into
zoning districts, as listed and described below. These divisions and the requirements set forth
herein shall have the purpose of implementing the goals, objectives and policies of the
comprehensive plan. The following is established in this division:
(1) The intent of each zoning district.
(2) General requirements for each zoning district, including:
a. Permitted uses.
b. Uses -by -exception.
c. Minimum lot size.
d. Minimum yard requirements.
e. Building restrictions.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-102. Zoning districts established.
The corporate area of the City of Atlantic Beach is hereby divided into zoning districts as
follows.
Zoning District Classification Abbreviation
Conservation CON
Residential, Single-family—Large lot RS -L
Residential, Single-family RS -1
Residential, Single-family RS -2
Residential General, Two-family RG -1
Residential General, Two-family RG -1A
Residential General, Multifamily RG -2
Residential General, Multifamily RG -3
Residential Mobile Home RMH
Commercial, Professional and Office CPO
Commercial, Limited CL
Commercial, General CG
Industrial, Light and Warehousing ILW
Special Purpose SP
Central Business District CBD
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-06-189, § 1, 2-27-06)
Supp. No. 32 1453
§ 24-103 ATLANTIC BEACH CODE
Sec. 24-103. Conservation districts (CON).
(a) Intent. The conservation districts are generally composed of open land, water, marsh
and wetland areas, either publicly or privately owned, which may include environmentally
sensitive areas and other lands having environmentally sensitive qualities. It is intended that
the natural and open character of these districts be retained and that adverse impacts to
environmentally sensitive areas, which may result from development, be minimized. To
achieve this intent, uses allowed within the conservation districts shall be limited to certain
conservation, recreation, forestry, and similar very low intensity uses that are not in conflict
with the intent of these districts, the comprehensive plan or any other applicable federal, state
and local policies and permitting requirements.
(b) Permitted uses. There are no uses permitted by right in the conservation zoning
districts. All uses within the conservation districts must be approved as a use -by -exception in
accordance with the provisions of section 24-63.
(c) Uses -by -exception. Within the conservation districts, the following uses may be permit-
ted as a use -by -exception. Applications for a use -by -exception in the conservation districts
shall identify any existing natural resources and environmentally sensitive areas and how
impacts to such resources shall be avoided or minimized.
(1) Cemeteries.
(2) Agriculture, horticulture and forestry, excluding the keeping and raising of farm
animals and poultry.
(3) Game preserves, nature preserves; wildlife management areas, watersheds, water
x e6ei v oil b.
(4) Parks, and other similar passive recreational uses.
(5) Municipal government buildings and facilities.
(6) Single-family residential at a maximum density of one (1) dwelling unit per acre.
(d) Minimum lot size. There is no established minimum lot area, width or depth require-
ment for the conservation districts. Appropriate lot and site requirements shall be established
during the consideration of any proposed use -by -exception.
(e) Minimum yard requirements. Subject to approval of development approved pursuant to
a use -by -exception, the minimum yard requirements in the conservation district shall be as
follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
Supp. No. 32 1454
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS 24-103.5
(f) Buffers required from wetlands. An undisturbed buffer, which is a minimum width of
twenty-five (25) feet, shall be maintained between development and delineated wetlands. In
cases where the minimum twenty-five (25) foot undisturbed buffer is demonstrated to be
unreasonable or impractical, an averaged twenty-five (25) foot undisturbed buffer may be
provided.
(g) Building restrictions. Subject to development authorized pursuant to a use -by -
exception, building restrictions in the conservation districts shall be as follows.
(1) Maximum impervious surface: Twenty-five (25) percent.
(2) Maximum building height: Twenty-five (25) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-103.5. Residential, single-family—Large lot districts. (RS -L)
(a) Intent. The RS -L zoning district is intended for development of low density single-family
residential uses in areas where traditional established lot sizes are larger than those typically
located throughout the City of Atlantic Beach. All development of land and parcels within the
RS -L zoning districts shall comply with the residential density limitations as set forth within
the adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -L zoning districts shall be as follows.
(1) Single-family dwellings.
(2) Accessory uses. (See section 24-151.)
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -L zoning districts, the following uses -by -exception may
be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RS -L zoning districts shall be
as follows.
(1) Minimum lot or site area: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot depth: One hundred (100) feet.
Existing legally established lots of record may exist, which do not meet the above lot width,
depth or area requirements. These lots may be developed subject to all applicable land
Supp. No. 32 1455
§ 24-103.5 ATLANTIC BEACH CODE
development regulations; however, all lots created after the effective date of Ordinance No.
90-06-189, shall comply with the minimum lot size requirements in order to obtain building
permits authorizing development.
(e) Minimum yard requirements. The minimum yard requirements in the RS -L zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Additional building restrictions within the RS -L zoning districts
shall be as follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-06-189, § 1, 2-27-06)
Editor's note—Ord. No. 90-06-189, adopted Feb. 27, 2006, enacted new provisions to be
designated as § 24-104. Inasmuch as there already exists § 24-104, said provisions have been
redesignated as § 24-103.5.
Sec. 24-104. Residential, single-family districts. (RS -1)
(a) Intent. The RS -1 zoning districts are intended for development of low density single-
family residential areas. All development of land and parcels within the RS -1 zoning districts
shall comply with the residential density limitations as set forth within the adopted
comprehensive plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -1 zoning districts shall be as follows.
(1) Single-family dwellings.
(2) Accessory uses. (See section 24-151.)
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -1 zoning districts, the following uses -by -exception may
be permitted.
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
Supp. No. 32 1456
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-105
(d) Minimum lot size. The minimum size for lots within the RS -1 zoning districts, which are
created after the initial effective date of these land development regulations, shall be as
follows.
(1) Lot or site area: Seven thousand, five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
Existing legally established lots of record may exist, which do not meet the above require-
ments. These lots may be developed subject to all applicable land development regulations;
however, all lots created after January 01, 2002 must comply with the minimum lot size
requirements in order to obtain building permits authorizing development. (See sections
24-188 and 24-189.)
(e) Minimum yard requirements. The minimum yard requirements in the RS -1 zoning
districts shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Seven and one-half (7.5) feet.
(f) Building restrictions. Building restrictions within the RS -1 zoning districts shall be as
follows.
(1) Maximum impervious surface: Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-105. Residential, single-family districts (RS -2).
(a) Intent. The RS -2 zoning districts are intended to apply to predominately developed
areas of single-family dwellings with platted lots that are smaller than those in the RS -1
zoning district. All development of land and parcels within the RS -2 zoning districts shall
comply with the residential density limitations as set forth within the adopted comprehensive
plan for the City of Atlantic Beach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -2 zoning districts shall be as follows.
(1) Single-family dwellings.
(2) Accessory uses. (See section 24-151.)
(3) Government uses, buildings and facilities.
(c) Uses -by -exception. Within the RS -2 zoning districts, the following uses -by -exception may
be permitted.
(1) Churches, subject to the provisions of section 24-153.
Supp. No. 32 1456.1
§ 24-105 ATLANTIC BEACH CODE
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot size. The minimum size for lots within the RS -2 zoning districts, which are
created after the initial effective date of these land development regulations, shall be as
follows.
(1) Lot or site area: Seven thousand, five hundred (7,500) square feet.
Supp. No. 32 1456.2
CODE COMPARATIVE TABLE
Ordinance Adoption
Number Date
Section
Section
this Code
2-310.16,
2-310.18,
2-310.19,
2-310.26,
2-310.27
Dltd 2-310.29
25-04-35 3- 8-04 Added 6-18
10-04-22 5-10-04 2 Rpld 3-1-3-11
(Exh.A) Added 3-1-3-9
25-04-36 6-14-04 1 8-33(d)(e)
95-04-87 6-14-04 1 Added 13-13
90-04-185 6-28-04 1 Added 24-172
25-04-37 7-26-04 1 Added 6-25
95-04-88 7-26-04 12-1, 12-2
Dltd 12-3
80-04-68 7-26-04 1 22-27.1(b)
80-04-69 7-26-04 1 22-27
2 22-166, 22-167
Dltd 22-176-22-180
65-04-33 9-13-04 1 19-5
75-04-16 9-13-04 1 21-1-21-59
75-04-17 10-11-04 1 21-17(g)(2),
21-38(h)
60-04-15 1-10-05 2 17-29(a)(3)
80-05-70 2-14-05 1 Added 22-4(e), (f),
Rpld 22-31
80-05-71 3-14-05 1 Rpld 22-28(2),
22-30
58-05-30 4-11-05 1 2-281, 2-298
95-05-89 4-11-05 1 5-32
95-05-186 4-11-05 1 24-151
65-05-34 8- 8-05 1 Added 19-7
5-05-44 9-26-05 1 2-141(a)
80-05-72 9-26-05 1 22-27, 22-166
22-167
57-05-22 10-10-05 1 Added 13-161
5-06-45 2-27-06 1 2-20
90-06-189 2-27-06 1 24-102
Added 24-103.5
90-06-188 3-13-06 1 24-17
5-06-46 4-10-06 1 Added 2-131
95-06-90 4-10-06 1 4-11(2)(d)
95-06-91 4-10-06 1 Added 5-33
58-06-31 4-24-06 1 2-298
90-06-193 5-22-06 1 24-17
2 Added 24-82(1)
[The next page is 2043]
Supp. No. 32 2003
CODE INDEX
Section
CROSSWALKS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended on crosswalk 21-25(a)(1)
Stopping, standing or parking vehicle on or within cross-
walks 21-17(5), (6)
CRUELTY TO ANIMALS
Generally 4-5
CURFEW
Provisions re minors in public places 13-153 et seq.
See: MINORS
D
DEATHS OF CITY EMPLOYEES
Retirement system provisions 2-283, 2-284
See also: OFFICERS AND EMPLOYEES
DEFACING PROPERTY, ETC.
Building numbers
Removing or defacing 6-111
Public sewers
Defacing, damaging, etc. 22-57
Streets, sidewalks and other public places
Digging into, defacing, etc., streets, avenues, driveways,
etc 19-2
DEPARTMENTS AND OTHER AGENCIES OF CITY
City commission 2-16 et seq.
See: CITY COMMISSION
Code enforcement board 2-141 et seq.
See: CODE ENFORCEMENT BOARD
Community development board 14-16 et seq.
See: PLANNING
Definition 1-2
Department of finance 2-71 et seq.
See: FINANCES
Department of public utilities 2-84 et seq.
See: UTILITIES
Department of public works 2-79 et seq.
See: PUBLIC WORKS AND IMPROVEMENTS
Fire department 2-61 et seq.
See: FIRE DEPARTMENT
Lifeguard division 2-63
Local planning agency 14-22
Nuisance control board 2-161 et seq.
See: NUISANCES
Officers and employees. See that subject
Board of trustees of city employee's retirement system 2-264 et seq.
Police officers' retirement system board of trustees 2-303 et seq.
Supp. No. 32 2111
ATLANTIC BEACH CODE
DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.)
Police department
See: POLICE DEPARTMENT
Reappointment to boards and committees
Tree conservation board
Zoning administration
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
DEVELOPMENT
Community development board
See: PLANNING
DISABLED PERSONS
City employees retirement system
Disability retirement
See also: OFFICERS AND EMPLOYEES
Police officers' retirement system
Disability retirement
Continuation subject to re-examination; return to em-
ployment
General conditions for eligibility
DISASTERS
Community development board
Duties of board re reconstruction, replanning, etc., of areas
damaged by fires, floods, etc.
DISCRIMINATION
Fair housing
See: FAIR HOUSING
DISEASES, DISEASE t: G TR rL
Rabies
See: ANIMALS AND FOWL
DISTRICTS
Community development board
Replanning, reconstructing, etc., of districts damaged by
fire, earthquake, etc.
Flood hazard districts
See: FLOOD HAZARD DISTRICTS
Zoning, subdivision and land development regulations
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
DISTURBANCES OF THE PEACE
Animals and fowl
Dogs or cats disturbing the peace generally
DOGS
Regulated
See: ANIMALS AND FOWL
Supp. No. 32 2112
Section
2-51 et seq.
2-131
23-19, 23-20
24-46 et seq.
14-16 et seq.
2-279, 2280
2-310.9
2-310.8
14-20(12)
9-16 et seq.
4-1 et seq.
14-20(12)
8-1 et seq.
24-1 et seq.
4-27
4-21 et seq.
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
Sexual predators residency requirement 13-161
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. 32 2127
ATLANTIC BEACH 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: FMR HOUSING
NESTS OF BIRDS OR WILD FOWL
Molesting, etc.
4-4
NEWSPAPERS
Obscene matter prohibited 13-6
NIGHTTIME
Mobile home parks and recreational vehicle parks
Park or camp areas to be illuminated properly all night10-2(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. 32 2128
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. 32 2133
24-1 et seq.
22-132
ATLANTIC BEACH 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
Loitering in public places, etc. 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
Enforcement of park rules and regulations 5-33
Garbage, trash, bottles, etc.
Depositing in parks 16-7
Loitering in parks 13-2
Obstructing passage through parks, etc. 13-2
Sexual predators residency requirement 13-161
Signs placed on public buildings and structures and within
public parks 17-32
Supp. No. 32 2134
CODE INDEX
Section
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
Supp. No. 32 2134.1
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. 32 2139
ATLANTIC BEACH 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 3-6
Loud and raucous noises 11-2
Sexual predators residency requirement 13-161
SCHOOL YARDS
Definition of "public place" to include school yards
SECONDHAND PLUMBING FIXTURES
Plumbing permits
Determination of ownership of secondhand fixtures prior
to issuance
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.
1C!„-.. TTA C7 EWATTTT) SYSTEM
SEXUAL CONDUCT
Sexual predators residency requirement 13-161
SEXUAL DISCRIMINATION
Fair housing 9-16 et seq.
See: FAIR HOUSING
SHAFTS, ABANDONED
Nuisances enumerated 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
SHALL; MAY
Definition 1-2
SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
SIGNS AND ADVERTISING STRUCTURES
Cause for removal of signs, abandoned signs, and prohibited
signs
Prohibited signs and devices
Supp. No. 32 2140
17-42
CODE INDEX
Section
SIGNS AND ADVERTISING STRUCTURES (Cont'd.)
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)
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 peiuiitted 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
SOLICITATION
Aggressive solicitation prohibited 13-12
SOLICITORS, PEDDLERS, ETC.
Charitable solicitations
Books and records, inspection of 18-6
Definitions 18-1
Supp. No. 32 2141
ATLANTIC BEACH CODE
Section
SOLICITORS, PEDDLERS, ETC. (Cont'd.)
Exceptions 18-8
"No Solicitation" sign, posting of 18-5
Permits
Fees 18-3
Fingerprinting required 18-2
Registration required 18-2
Revocation 18-7
Prohibitions 18-4
Regulations generally 18-4
Violations and penalties 18-9
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
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; exception; nuisance declared 21-24
Removing and impounding 21-25
Towage and storage charges 21-26
Garbage and refuse 16-2(b)
Towing and storage, charges for 21-51
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
Supp. No. 32 2142
CODE INDEX
Section
STORMWATER MANAGEMENT
Billing 22-310
Collection 22-310
Comprehensive plan re 22-304
Customer base 22-308
Definitions 22-303
Directors 22-306
Enterprise fund 22-309
Findings of fact 22-302
Powers and duties 22-307
Rates and charges
Appeal process 22-337
Definitions 22-333
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
Driveways
Construction of driveways in rights-of-way 19-7
Supp. No. 32 2143
ATLANTIC BEACH CODE
Section
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
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)
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 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Traffic calming devices 19-6
Supp. No. 32 2144
CODE INDEX
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
(Cont'd.)
Vacating
Certain ordinances saved from repeal
Waterworks system
Extensions of water mains in existing streets
SUBDIVISIONS. See: ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS
Supp. No. 32 2144.1
Section
1-5
22-38
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Uses -by -exception 24-108(c)
Residential, single-family districts (RS -1)
Building restrictions 24-104(f)
Intent 24-104(a)
Minimum lot size 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 size 24-105(d)
Minimum yard requirements 24-105(e)
Permitted uses 24-105(b)
Uses -by -exception 24-105(c
Residential, single-family—Large lot districts (RS -L)
Building restrictions 24-103.5(0
Intent 24-103.5(a)
Minimum lot size 24-103.5(d)
Minimum yard requirements 24-103.5(e)
Permitted uses 24-103.5(b)
Uses -by -exception 24-103.5(c)
Special purpose district (SP)
Building restrictions 24-113(g)
Existing savage yards 24-113(c)
Intent 24-113(a)
Minimum lot or site requirements 24-113(e)
Minimum yard requirements 24-113(0
Permitted uses 24-113(b)
Special requirements 24-113(h)
Uses -by -exception 24-113(d)
Zoning districts established 24-102
General provisions and exceptions
Design and construction standards for two-family (du-
plex) dwellings and townhouse units 24-87
Double frontage lots
Generally 24-84(a)
Special treatment of Ocean Boulevard lots with dou-
ble frontage 24-84(c)
Special treatment of ocean -front lots on Beach Avenue 24-84(b)
Garage apartments (as allowed in combination with
private garages) 24-88
General restrictions upon land, buildings and structures
Density 24-82(e)
Duplicates or externally similar dwellings 24-82(h)
Flood protection 24-82(k)
Height 24-82(c)
Minimum floor area for residential dwelling units24-820)
Supp. No. 32 2165
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Number of buildings allowed on a single-family or
two-family (duplex) lot 24-82(b)
Open space use limitation 24-82(f)
Percentage of lot occupancy 24-82(d)
Required lot and occupancy 24-82(g)
Temporary residence 24-82(i)
Use 24-82(a)
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)
Required yards and permitted projections into required
yards
Mechanical equipment 24-83(c)
Required yards 24-83(a)
Structural projections 24-83(b)
Rules for determining boundaries 24-81
Special treatment of lawfully existing residential uses
affected by future amendments to the official zoning
map or amendments to the land development regu-
lations
Amendments to the land development regulations 24-86(b)
Changes to the official zoning map 24-86(a)
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
Permitted uses
Central business district (CBD) 24-114(b)
Commercial general districts (CG) 24-111(b)
Commercial limited district (CL) 24-110(b)
Commercial, professional and office (CPO) 24-109(b)
Conservation districts (CON) 24-103(b)
Industrial, light and warehousing districts (ILW) 24-112(b)
Planned unit development (PUD) 24-129(a)
Residential general, multifamily (RG -2 and RG -3) 24-107(b)
Residential general, two-family districts (RG -1 and RG -
1A) 24-106(b)
Supp. No. 32 2166
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Residential, single-family districts (RS -1) 24-104(b)
Residential, single-family districts (RS -2) 24-105(b)
Residential mobile home districts (RMH) 24-108(b)
Special purpose district (SP) 24-113
Planned unit development (PUD)
Adoption of ordinance creating a planned unit develop-
ment
Action by the city commission 24-132(a)
Expiration of time limits provided in ordinance 24-132(d)
Minor deviations 24-132(c)
Procedure for adoption 24-132(b)
Application and review procedures
Action by the community development board 24-131(b)
Review by community development director 24-131(a)
Application for rezoning to planned unit development
Information required 24-130(a)
Materials to accompany applications 24-130(b)
Community facilities 24-135
Development standards and criteria
Access 24-134(e)
Density of development 24-134(a)
In -fill development 24-134(g)
Open space 24-134(b)
Privacy 24-134(f)
Supporting legal documents for open space 24-134(d)
Waiver of yard, type of dwelling unit, and building
restrictions 24-134(c)
Implementation of a planned unit development
Approval of development plan 24-133(c)
Development plan 24-133(a)
Permits 24-133(d)
Record plans 24-133(b)
Intent 24-127
Permitted uses and site requirements
Permitted uses 24-129(a)
Site requirements 24-129(b)
Purpose 24-126
Purpose and planned unit development defined 24-128
Requirements of this division 24-136
Scope 24-31
Supplemental 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 24-152
Churches 24-153
Supp. No. 32 2167
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Commercial corridor development standards
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)
Display and sale of merchandise outside of an enclosed
building 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
Design requirements 24-161(0
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 buffers between residential and non-residen-
tial uses 24-167
Satellite dish antenna 24-170
Service stations
Access to site 24-165(b)
Lighting 24-165(d)
Location of pumps and structures 24-165(c)
Lot dimensions 24-165(a)
Signs 24-166
Storage and parking of commercial vehicles and recre-
ational vehicles and equipment and repair of vehi-
cles in residential zoning districts 24-163
Swimming pools
Fences 24-164(c)
Lights 24-164(a)
Setbacks 24-164(b)
Utility structures 24-169
Supp. No. 32 2168