AB Code Supplement 33SUPPLEMENT NO. 33
March 2007
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. 95-07-93, adopted February 26, 2007.
See the Code Comparative Table—Ordinances for further information.
Included in the Charter is:
Ordinance No. 90-06-194, adopted August 14, 2006.
See the Charter Comparative Table for further information.
Remove old pages Insert new pages
ix—xii ix—xiii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
17, 18 17-18.1
91 91
309, 310 309, 310
353, 354 353, 354
357 357, 358
1157-1180 1157-1180
1279-1282 1279-1282
1295-1298 1295-1298
1351-1360 1351-1360.1
1403, 1404 1403, 1404
1465-1468 1465-1468.2
1497-1498.1 1497-1498.5
1525, 1526 1525-1531
2003 2003, 2004
2085, 2086 2085, 2086
2107, 2108 2107-2108.1
2113, 2114 2113-2114.1
2125, 2126 2125-2126.1
2129, 2130 2129, 2130
2134.1 2134.1
2145, 2146 2145, 2146
2155, 2156 2155, 2156
2159-2162 2159-2162.1
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
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. L Incorporation; Form of Government; Powers 1
Art. II. The Commission 3
Art. III. The City Manager 7
Art. W. The City Clerk 9
Art. V. The City Attorney 10
Art. W. Department of Public Safety 11
Art. VII. Budget 11
Art. VIII. Department of Finance 11
Art. IX. Elections 12
Art. X. Initiative and Referendum 14
Art. XI. Recall Elections 17
Art. XII. Franchises 17
Art. XIII. Tax Administration 18
Art. XIV. Zoning 18
Art. XV. Municipal Borrowing 18.1
Art. XVI. Suits Against the City 18.1
Art. XVII. General and Miscellaneous Provisions 19
Art. XVIII. When Act Takes Effect 22
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. 33 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. W. 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. VH. 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
uuilain s and Building Reg lation 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. W. 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. 33 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. Local Business 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. 33 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. N. 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
Div. 6. Planned Unit Development (PUD) 1473
Div. 7. Supplementary Regulations 1480
Div. 8. Landscaping 1498.5
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
Art. V. Environmental and Natural Resource Regula-
tions 1526
Div. 1. Wellhead Protection 1526
Code Comparative Table -1970 Code 1983
Code Comparative Table—Ordinances 1987
Code Comparative Table—Laws of Florida 2043
Statutory Reference Table 2053
Supp. No. 33 xii
TABLE OF CONTENTS—Cont'd.
Page
Charter Index 2081
Code Index 2101
Supp. No. 33 xiii
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 155, 156 26
iii 32 156.1 26
v, vi OC 157, 158 25
vii, viii 1 159, 160 32
ix, x 33 161, 162 32
xi, xii 33 163, 164 25
xiii 33 165, 166 32
1, 2 19 167, 168 32
3, 4 14 169, 170 18
5, 6 14 171, 172 30
7, 8 14 173, 174 30
9, 10 14 175, 176 30
11, 12 14 177, 178 30
13, 14 14 179, 180 30
15, 16 14 181, 182 30
17, 18 33 183, 184 31, Rev.
18.1 33 184.1 31, Rev.
19, 20 14 185, 186 30
21, 22 14 187, 188 30
79 5, Add. 188.1, 188.2 30
91 33 188.3, 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
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Page No. Supp. No. Page No. Supp. No.
188.9, 188.10 30 421, 422 27
188.11, 188.12 30 469, 470 20
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
300, 310 33 7:-J'1, 992
311 28 793, 794 30
353, 354 33 795, 796 32
355, 356 32 797 32
357, 358 33 839, 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
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Page No. Supp. No. Page No. Supp. No.
1006.1 31 1287 23
1007, 1008 26 1288.1 16
1009, 1010 27 1289, 1290 OC
1011, 1012 28 1291, 1292 OC
1055, 1056 15 1293, 1294 OC
1057, 1058 15 1295, 1296 33
1059 15 1297, 1298 33
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 33 1305, 1306 11
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1161, 1162 33 1351, 1352 33
1163, 1164 33 1353, 1354 33
1165, 1166 33 1355, 1356 33
1167, 1168 33 1357, 1358 33
1169, 1170 33 1359, 1360 33
1171, 1172 33 1360.1 33
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1177, 1178 33 1365 28
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1231 31 1415, 1416 29
1235, 1236 21 1417, 1418 32
1237, 1238 21 1418.1 32
1239, 1240 21 1419, 1420 29
1275, 1276 28 1421, 1422 29
1277, 1278 31 1423, 1424 32
1278.1 31 1425, 1426 32
1279, 1280 33 1427, 1428 32
1281, 1282 33 1428.1 32
1282.1, 1282.2 31 1429, 1430 29
1283, 1284 31 1431, 1432 29
1284.1, 1284.2 28 1433, 1434 29
1284.3, 1284.4 28 1435, 1436 29
1284.5, 1284.6 28 1437, 1438 29
1285, 1286 OC 1439, 1440 29
1286.1, 1286.2 23 1441, 1442 29
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Page No. Supp. No. Page No. Supp. No.
1443, 1444 29 1517, 1518 29
1445, 1446 29 1519, 1520 29
1447, 1448 32 1521, 1522 29
1448.1 32 1523, 1524 29
1449, 1450 29 1525, 1526 33
1451, 1452 29 1527, 1528 33
1453, 1454 32 1529, 1530 33
1455, 1456 32 1531 33
1456.1, 1456.2 32 1983, 1984 OC
1457, 1458 29 1985 OC
1459, 1460 29 1987, 1988 OC
1461, 1462 29 1989, 1990 OC
1463, 1464 29 1991, 1992 2
1465, 1466 33 1993, 1994 6
1467, 1468 33 1995, 1996 13
1468.1, 1468.2 33 1997, 1998 18
1469, 1470 29 1999, 2000 24
1471, 1472 29 2001, 2002 30
1473, 1474 29 2003, 2004 33
1475, 1476 29 2043 OC
1477, 1478 29 2053, 2054 30
1479, 1480 31 2055 30
1481, 1482 31 2081, 2082 14
1482.1 31 2083, 2084 14
1483, 1484 29 2085, 2086 33
1485, 1486 29 2087, 2088 14
A0 1100 28 2t0 2'102 0
u7, 1 uu ! 1u1, G.i4J esu
1489, 1490 29 2103, 2104 30
1491, 1492 29 2105, 2106 30
1493, 1494 29 2107, 2108 33
1495, 1496 29 2108.1 33
1497, 1498 33 2109, 2110 27
1498.1, 1498.2 33 2111, 2112 32
1498.3, 1498.4 33 2113, 2114 33
1498.5 33 2114.1 33
1499, 1500 29 2115, 2116 27
1501, 1502 29 2117, 2118 27
1503, 1504 29 2119, 2120 30
1505, 1506 29 2120.1 30
1507, 1508 29 2121, 2122 27
1509, 1510 29 2123, 2124 27
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2134.1 33
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2143, 2144 32
2144.1 32
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2147, 2148 31
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2157 30
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2163, 2164 29
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Supp. No. 33
[5]
CHARTER § 57
upon any ordinance shall have below the ballot title the following propositions, one above the
other, in order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE."
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be purchased from the Supervisor of Elections for
Duval County in accordance with the provisions of F.S. 98.211.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 54. Results of election.
If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance
it shall become an ordinance of the city. If conflicting ordinances are approved by the electors
at the same election, the one receiving the greatest number of the affirmative votes shall
prevail.
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 55. Repealing ordinances.
Initiated and referred ordinances may be amended or repealed only by a four-fifths
affirmative vote of the full city commission following a public hearing.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the use
of streets and other public places in the furnishing of any public service or utility service to the
city and its inhabitants. All franchises and any renewals, extensions and amendments thereto
shall be granted only by ordinance, and under such limitations as may be provided by the laws
of the State of Florida. If the proposed franchise is for fifteen years or more, the ordinance
approving said franchise shall not be effective unless it is approved at a referendum in the
same manner provided in F.S. 166 for the approval of issuance of bonds.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 33 17
§ 58 ATLANTIC BEACH CODE
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise provided for
in the Code of Ordinances.
Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XIV. ZONING
Sec. 59. Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida Statutes or as
otherwise provided for within the Code of Ordinances, except that in no case shall the
maximum height of buildings within the City of Atlantic Beach exceed thirty-five (35) feet;
provided however, that existing buildings which exceed thirty-five (35) feet in height may be
repaired to that existing height, no alterations shall be made to any building, which would
cause that building to exceed thirty-five (35) feet in height, and this Charter provision shall not
restrict any property owner's vested rights under constitutional, statutory or common law.
Further provided, however, that the city commission may approve, pursuant to the
applicable section of the city's land development regulations, requests to exceed the maximum
building height of thirty-five (35) feet for exterior architectural design elements, exterior decks
or porches within nonresidential land use categories as designated by the future land use map
of the adopted comprehensive plan, for nonresidential development.
The only property excepted from this height limitation shall be certain parts of the existing
Sea Turtle Inn hotel property, located at 1 Ocean Boulevard, Atlantic Beach, Florida, which
property is bounded by Ahern Street on the north, the Atlantic Ocean on the east, Atlantic
Boulevard on the south, and Ocean Boulevard on the west, and only those parts of said
property as follows:
(1) The existing buildings that exceed thirty-five (35) feet on the property as of the
effective date of this ordinance; and
(2) That part of said property extending west from the existing hotel tower no more than
one hundred twenty-five (125) feet towards the west property line, no closer than fifty
(50) feet to the south property line, with no more than a maximum width of one
hundred (100) feet and containing an additional footprint of no more than eleven
thousand five hundred (11,500) square feet.
However, any future development, redevelopment or expansion on these parts of the
property, which are proposed to exceed thirty-five (35) feet in height shall be subject to
approval by the city commission and shall in no event exceed the height of the existing hotel
tower building as of the effective date of this ordinance.
Supp. No. 33 i8
CHARTER § 61
Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 90-06-194, § 1, 8-14-06)
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
The city may borrow money, contract loans and issue bonds as provided by F.S. 166 Part II
from time to time to finance the undertaking of any capital or other project for the purposes
permitted by the State Constitution, and may pledge funds, credit, property, and tax revenues
for the payment of such debts and bonds.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits.
No suit shall be brought against the city for damages arising out of an alleged tortious act,
unless all provisions of state law have been met.
Upon receiving notice of any suit, the city manager shall diligently investigate the matter
and file a written report with the city clerk to be presented to the city commission at its next
meeting. The city clerk shall determine if a special meeting should be scheduled to deal with
an emergency situation. Upon receipt of a written claim for damages by an injured party the
city commission may, by ordinance, make a settlement of the claim.
(Ord. No. 28-93-3, § 1, 8-23-93)
Supp. No. 33 18.1
CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section
Number Date Section this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 I 79
II 80
III 81
IV 85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1-6,
8-16,
24-31,
78,
81-99,
109,
158,
160-183
Added 1-80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
[The next page is 103]
Supp. No. 33 91
ANIMALS § 4-27
($100.00) fee if the dangerous dog has to be tranquilized with chemical capture equipment. The
registration fee for unregistered dogs or cats that have been picked up shall be double the fee
in effect on the day the dog or cat is picked up.
(Code 1970, § 4-4(b); Ord. No. 95-86-30, § 2, 7-28-86; Ord. No. 95-92-51, § 1, 2-10-92; Ord. No.
95-98-69, § 1, 10-26-98; Ord. No. 95-03-85, § 1, 10-13-03)
Sec. 4-25. Leashing.
No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable
leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be
attached to a fixed object or specifically held by a person capable of controlling the animal. On
Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed
to swim unleashed and then immediately put back on the leash before returning to the beach.
This does not include walking the dog in the water.
(Code 1970, § 4-4(c); Ord. No. 95-88-33, § 4, 4-25-88; Ord. No. 95-98-69, § 1, 10-26-98)
Sec. 4-26. Damaging property.
(a) It shall be unlawful for any person who shall own or be in control or in charge of any dog
or cat, to allow or permit the dog or cat to wander or stray upon the property of another and
damage the property.
(b) If any dog or cat shall wander or stray upon the property of any person within the
corporate limits of the city and shall cause damage thereon, proof of the damage and the
identity of the dog or cat shall be sufficient to convict the person owning or having charge of
or control of the dog or cat violating the terms and provisions of this article.
(c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate
on any property within the city other than the owner's private property without immediately
removing such defecation with some sort of material, utensil, or suitable container and
depositing the defecation in a trash container. When walking a dog or cat on any property
within the city, other than the owner's property, the owner of that dog or cat shall carry some
sort of material, utensil, or suitable container with which to dispose of the defecation.
(Code 1970, § 4-4(d); Ord. No. 95-86-30, § 3, 7-28-86; Ord. No. 95-88-33, § 5, 4-25-88; Ord. No.
95-98-69, § 1, 10-26-98)
State law reference—Damage by dogs, F.S. Ch. 767.
Sec. 4-27. Disturbing the peace.
(a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or
control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as
to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise
provided by state law.
(b) Any animal which persistently makes noises for an hour or longer and annoys citizens
of the city shall be declared a nuisance under this chapter.
(Code 1970, § 4-4(e); Ord. No. 95-96-66, § 2, 5-28-96; Ord. No. 95-98-69, § 1, 10-26-98)
Supp. No. 33 309
§ 4-28 ATLANTIC BEACH CODE
Sec. 4-28. Reserved.
Editor's note—Ord. No. 95-98-69, § 1, adopted Oct. 26, 1998, repealed § 4-28 which
pertained to vicious dogs and derived from Code 1970, § 4-5(d).
Sec. 4-29. Rabies suspected.
Suspected rabies cases will be handled according to the Health Code as established by the
State Department of Environmental Health (authorized by F.S. § 381.006).
(Code 1970, § 4-5; Ord. No. 95-98-69, § 1, 10-26-98)
State law reference—Authority of state department of health and rehabilitative services
to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected
with rabies, F.S. § 381.031(1)(g)1.
See. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager shall
have the authority to issue citations to those people whose pets are found to be in violation of
this article and sections herein.
(b) Violations of this article shall be punishable by fines as follows:
(1) First offense: (The current offense is a "first" offense if there have been no other
citations in the preceding thirty-six (36) months.) Twenty-five dollars ($25.00); if not
paid within fourteen (14) days, fine goes to fifty dollars ($50.00); if not paid within
thirty (30) days, a code enforcement hearing is required which could result in fines of
up to two hundred and fifty dollars ($250.00) per day.
(2) Second offense: (The current offense is a second offense if there has been only one (1)
previous citation within the preceding thirty-six (36) months.) One hundred dollars
($100.00); if not paid in fourteen (14) days, fine goes to one hundred fifty dollars
($150.00); if not paid within thirty (30) days, a code enforcement hearing is required
which could result in fines of up to two hundred fifty dollars ($250.00) per day.
(3) Third and subsequent offenses: (The current offense is a third or subsequent offense if
there have been two (2) or more previous citations within the preceding thirty-six (36)
months.) Two hundred fifty dollars ($250.00) and a definite term of imprisonment not
exceeding sixty (60) days; if not paid in fourteen (14) days, fine goes to five hundred
dollars ($500.00). Mandatory appearance before the code enforcement board.
(4) Anyone cited with a violation of this article who pays the required fines and then goes
three (3) years with no offenses shall return to the status of having no prior offenses
for the purposes of this section.
(5) Anyone cited with a violation of this article may pay a fine as specified above in lieu of
appearing in county court. The fine specified shall be paid within the time specified
Supp. No. 33 310
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, §§ 5-31-5-34
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. 33 353
§ 5-3 ATLANTIC BEACH CODE
require a twenty-five dollar ($25.00) non-refundable application fee, and a deposit not to
exceed two (2) times the estimated costs of clean-up, to assure that the requesting entity
complies with all conditions of the permit.
This section does not prohibit fires in self contained, commercially available heating devices
fueled by gas. Heating devices fueled by wood, charcoal, or similar materials shall be
prohibited.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-4. Littering.
It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab, cigarette
butts, or other type of refuse upon the beach in the city.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8) feet in length, the free end
of which must be securely bound to either the ankle or wrist of the surfer.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will obstruct the view of lifeguards performing lifeguard activities.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and
similar watercraft, which require transport by use of a motor vehicle, will only be launched at
the Atlantic Boulevard ramp.
(Ord. No. 95-03-83, § 1, 1-27-03)
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran,
or other vessel on the beach for more than seventy-two (72) hours without first notifying and
receiving permission from the chief of police or his designee. A sailboat, catamaran, or vessel
shall only be allowed to park over seventy-two (72) hours between May 1 to September 30 of
each year. At no time will any sailboat, catamaran, or other vessel be allowed to park west of
the dune line, on a beach access, or public right-of-way.
Supp. No. 33 354
BEACHES AND PARKS § 5-34
(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)
Sec. 5-34. User fees for parks and recreation facilities.
The use of public parks and recreation facilities within the city and fees for such use shall
be as set forth within this section.
(a) One-time events at Adele Grage Cultural Center, Jordan Park Community Center or
Donner Park Community Center.
(1) One hundred dollars ($100.00) for four (4) hours and twenty-five dollars ($25.00)
for each additional hour.
(2) Deposit required: Two hundred dollars ($200.00), refundable if no damage to
facility, the facility is cleaned after use and no violation of park rules or city
ordinances.
(b) Recurring use of any city facility or park by 501(c)(3) not-for-profit groups, neighbor-
hood or homeowner associations with approved user agreement for six (6) or more
times per year.
(1) Twenty-five dollars ($25.00) per event or activity.
(2) Deposit required: Fifty dollars ($50.00), refundable if no damage to facility, the
facility is cleaned after use and no violation of park rules or city ordinances.
(c) Additional fees and requirements for events or activities at any city facility involving
the use of alcoholic beverages. The provisions of Chapter 3 of this Code shall also apply.
Supp. No. 33 357
§ 5-34 ATLANTIC BEACH CODE
(1) Fifty dollars ($50.00) for any event serving beer, wine or any type of alcoholic
beverages.
(2) Must receive prior approval of a special event permit from the city manager.
(3) Use of alcoholic beverages is not permitted in city parks or on the beach, and
alcoholic beverages must be contained within the building approved to host such
event.
(4) No fee, ticket or other type of compensation shall be charged for alcoholic
beverages at any activity at city facilities.
(5) Violation of these rules may [be] cause for forfeiture of any deposits.
(d) Lost key charge: Eight dollars ($8.00); lost security card: twenty dollars ($20.00).
(e) Beach bonfire.
(1) Twenty-five ($25.00) per activity on beach with bonfire or any type of open flame.
(2) Deposit required: Twenty-five dollars ($25.00), refundable if no damage or fire
debris left on beach.
(3) Approval of a fire permit by the parks and recreation department is required.
Permit must be requested and approved during regular city weekday work hours
at least twenty-four (24) hours prior to activity.
(f) Summer Camp at Donner Park Community Center and Jordan Park Community
Center.
(1) Forty-five dollars ($45.00) per week per child.
(2) Fifty dollars ($50.00) per child for the duration of the summer camp for children
who qualify for frpe or ratdiwed-prirp crhool 11-nches.
(g) Camping at Dutton Island Preserve.
(1) Twenty-five dollars ($25.00) per campsite.
(2) Deposit required: Twenty-five dollars ($25.00), refundable if no damage to
campsite and no debris or trash left.
(Ord. No. 95-07-93, § 1(5-32), 2-26-07)
Editor's note—Ord. No. 95-07-93, adopted Feb. 26, 2007, enacted new provisions to be
designated as § 5-32. Inasmuch as there already exists a § 5-32, said new provisions have been
redesignated as § 5-34.
Supp. No. 33 358
[The next page is 407]
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Chapter 20
TAXATION*
In General, §§ 20-1-20-15
Public Service Tax, §§ 20-16-20-50
Div. 1. Generally, §§ 20-16-20-30
Div. 2. Telephone Service, §§ 20-31-20-50
Local Business Tax, §§ 20-51-20-75
Insurance Premium Taxes, §§ 20-76-20-79
Additional Homestead Exemption, §§ 20-80-20-84
ARTICLE I. IN GENERAL
Secs. 20-1-20-15. Reserved.
ARTICLE II. PUBLIC SERVICE TAXt
DIVISION 1. GENERALLY
Sec. 20-16. Imposed; amount; utility services to which applicable; payment to be
made to seller.
There is hereby imposed and levied by the city, on each and every purchase of electricity, No.
1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower grades, metered or bottled gas,
natural, liquefied petroleum gas or manufactured, in the corporate limits of the city, a tax
equivalent to five (5) percent of the amount of the payments received by the seller of the utility
service from the purchasers. The tax, in every case, shall be collected from the purchaser of the
utility service, and paid by the purchaser for the use of the city to the seller of such electricity,
No. 1 kerosene, No. 2 and No. 3 fuel oils, but pays to the seller the seller's charge for the
service, and notwithstanding the above, the utility tax on fuel oil (No. 1 kerosene; No. 2 and
No. 3 fuel oils) is hereby levied at a rate of two cents ($0.02) per gallon.
(Code 1970, § 8-14)
Sec. 20-17. Duty of seller to collect tax and pay same to city; failure to collect tax;
authority of seller to discontinue service upon nonpayment of tax.
It shall be the duty of every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but
not fuel oils of lower grades, metered or bottled gas, natural, liquefied petroleum gas or
*Cross references—Any annual tax levy, appropriation or budget saved from repeal,
§ 1-5(2); administration, Ch. 2; finance generally, § 2-311 et seq.
State law references—Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and
finance generally, F.S. Ch. 192 et seq.
'Cross reference—Utilities, Ch. 22.
State law reference—Public service tax, F.S. § 166.231 et seq.
Supp. No. 33 1157
§ 20-17 ATLANTIC BEACH CODE
manufactured, in acting as the tax collecting medium or agency for the city, to collect from the
purchaser for the use of the city, the tax hereby imposed and levied at the time of collecting the
purchase price charged for each transaction, and to report and pay over on or before the
fifteenth day of each calendar month, to the city all the taxes imposed, levied and collected
during the preceding calendar month. The director of finance is hereby authorized to prescribe
the forms on which the reports shall be made. It shall be unlawful for any seller of the utility
service to collect the price of any sale of such electricity, No. 1 kerosene, No. 2 and No. 3 fuel
oils, but not fuel oils of lower grades, or gas, without at the same time collecting the tax hereby
imposed and levied in respect to the purchase. Any seller failing to collect the tax at the time
of collecting the price of any purchase shall be liable to the city or at the time of collecting the
price of any purchase shall be liable to the city for the amount of the tax in like manner as if
the same had been actually paid to the seller; provided, the seller shall not be liable for the
payment of the tax upon uncollected charges. If any purchaser shall fail, neglect or refuse to
pay to the seller the charge for the purchase and the tax hereby imposed, levied and required
by this division, or either, the seller shall have and is hereby vested with the right, power and
authority to immediately discontinue further service to the purchaser until the tax and the
seller's bill shall have been paid in full.
(Code 1970, § 8-15)
Sec. 20-18. Records to be kept by seller; inspection of records by city agents.
Every seller of electricity, No. 1 kerosene, No. 2 and No. 3 fuel oils, but not fuel oils of lower
grades, metered or bottled gas, natural, liquefied petroleum gas or manufactured, shall keep
complete records showing all purchases in the city of such service, which records shall show
the price charged upon each purchase, the date thereof and the date of payment thereof. The
records shall be kept open for inspection by the duly authorized agents of the city during
business hours on all business days, and the duly authorized agents of the city shall have the
right, power and authority to make such transcripts thereof during such times as they may
desire. It shall be the duty of such agents of the city as may from time to time be designated
or appointed for that purpose by the city commission, to inspect the records at such times as
the city commission may from time to time direct in order to determine that the tax hereby
imposed and levied is being properly reported and paid to the city by each seller of the service.
(Code 1970, § 8-16)
Sec. 20-19. Exemption of governmental agencies and churches.
The United States of America, the State of Florida, the City of Jacksonville, the City of
Atlantic Beach and agencies, boards, commissions and authorities thereof, and all recognized
churches of the state, are hereby exempted from payment of the tax imposed and levied by this
division.
(Code 1970, § 8-17)
Sec. 20-20. When purchase deemed made within city.
The purchase of the utility service upon which a tax is imposed and levied by this division
shall embrace and include any part of the transaction of purchase occurring within the city,
Supp. No. 33 1158
TAXATION § 20-33
whether the same is the entering into of a contract for the purchase of any such utility service,
the payment of the charges therefor or the use of lines, poles, wires or the streets for the
transmission or delivery of the utility service.
(Code 1970, § 8-18)
Secs. 20-21-20-30. Reserved.
DIVISION 2. TELEPHONE SERVICE*
Sec. 20-31. Levy; when payable.
There is hereby levied by the city, on each and every purchase of telephone service within
the corporate limits of the city, a tax in the amount of ten (10) percent of the payments received
by the seller of the utilities, services or commodities from the purchaser thereof, for the
purchase of the utilities or commodities. Subject to the provisions of section 20-36, the tax shall
in every case be paid by the purchaser for the use of the city to the seller of the local telephone
service at the time of paying the charge thereof.
(Ord. No. 70-82-10, § 1, 9-13-82)
Sec. 20-32. Exemptions.
The United States of America, this state and the political subdivisions, agencies, boards,
commissions and authorities thereof, other persons exempted under state law, and any
recognized church for use exclusively for church purposes, are exempted from the payment but
not from the collection, of the tax levied by this division.
(Ord. No. 70-82-10, § 2, 9-13-82)
Sec. 20-33. Duty of seller to collect.
It shall be the duty of every seller of local telephone service to collect from the purchaser for
the use of the city the tax hereby levied at the time of collecting and selling price charged for
each transaction and to report and pay over on or before the twentieth day of each calendar
month to the city, all the taxes levied and collected during the preceding calendar month. It
shall be unlawful for any seller to collect the price of any sale of local telephone service without,
at the same time, collecting the tax levied by this division in respect to the sale unless the
seller shall elect to assume and pay the tax without collecting same from the purchaser. Any
seller failing to collect the tax at the time of collecting the price of any sale where the seller has
not elected to assume and pay the tax shall be liable to the city for the amount of the tax in like
manner as if the same had actually been paid to the seller, and the city commission shall cause
to be brought all suits and actions and to take all proceedings in the name of the city as may
be necessary for the recovery of the tax; provided, the seller shall not be liable for the payment
of the tax upon uncollected charges. If the purchaser shall fail, neglect or refuse to pay to the
seller the seller's charge for the tax imposed and required by this division, or either, the seller
*Cross reference—Local business tax on telephone company, § 20-59.
Supp. No. 33 1159
§ 20-33 ATLANTIC BEACH CODE
shall have and is vested by this division with the right, power and authority to immediately
discontinue further service to the purchaser until the tax and the seller's bill have been paid
in full.
(Ord. No. 70-82-10, § 3, 9-13-82)
Sec. 20-34. Records to be kept by seller; inspector, transcripts.
Each and every seller of local telephone service shall keep complete records showing all
sales in the city of the commodities or services, which records shall show the price charged
upon each sale, the date thereof and the date of payment thereof. The records shall be kept
open for inspection by the duly authorized agents of the city during business hours on all
business days.
(Ord. No. 70-82-10, § 4, 9-13-82)
Sec. 20-35. Limitation as to telephone calls.
The tax levied on sales of telephone service under this division shall apply to all charges
made for local telephone service except local services which are paid for by inserting coins in
coin-operated telephones; the total amount of the guaranteed charge on each bill rendered for
semipublic coin -box telephone service shall be subject to the tax.
(Ord. No. 70-82-10, § 5, 9-13-82)
Sec. 20-36. Monthly payments; computation of tax.
In all cases where the seller of local telephone service collects the price thereof in monthly
periods, the tax levied by this division may be computed on the aggregate amount of sales
during the period, provided, the amount of tax to be collected shall be to the nearest whole cent
to the amount computed.
(Ord. No. 70-82-10, § 6, 9-13-82)
Secs. 20-37-20-50. Reserved.
ARTICLE III. LOCAL BUSINESS TAX*
Sec. 20-51. Definitions.
When used in this article, the following terms and phrases shall have the meanings ascribed
to them in this section, except when the context clearly indicates a different meaning:
Business, profession and occupation do not include the customary religious, charitable or
educational activities of nonprofit religious, nonprofit charitable and nonprofit educational
institutions in this state, which institutions are more particularly defined and limited as
follows:
*Editor's note—Ord. No. 45-84-6, § 1, adopted September 24, 1984, amended Ch. 10 of the
Code of 1970. In order to follow the intent of Ord. No. 45-84-6 and preserve the editorial
Supp. No. 33 1160
TAXATION § 20-51
Charitable institutions shall mean only nonprofit corporations operating physical facilities
in this state at which are provided charitable services, a reasonable percentage of which shall
be without cost to those unable to pay.
Child care center includes any establishment which provides care for more than five (5)
children unrelated to the operator and which received a payment, fee or grant for any of the
children receiving care wherever operated and whether operated for profit. The term "child
care center" shall include day nurseries, day care services and day care agencies, but not
community-based residential facilities.
Classification shall mean the method by which a business or group of businesses is
identified by size or type, or both.
Commission action means that the city commission shall approve the application in a
regular meeting before issuance of such license.
Department stores shall be construed to mean those stores which carry or sell three (3) or
more lines of goods, wares or merchandise subject to license under the provisions of ordinances
of the city. Each department shall be licensed separately.
Classification shall mean the method by which a business or group of businesses is
identified by size or type, or both.
Educational institutions shall mean state tax -supported or parochial, church and nonprofit
private schools, colleges or universities conducting regular classes and courses of study
required for accreditation by or membership in the Southern Association of Colleges and
Secondary Schools, the department of education or the Florida Council of Independent Schools.
Nonprofit libraries, art galleries and museums open to the public are defined as educational
institutions and eligible for exemption.
Hawker shall mean any person who shall rent or sell or offer to sell at wholesale or retail
any commodity, product, goods, wares, or merchandise of any kind from a stand, wagon,
parked vehicle, container, pushcart, or tent upon any street or public property or any vacant
private property. No person shall be engaged as a hawker within the corporate limits of the city
or on the city beach.
Local business tax shall mean the method by which a local governing authority grants the
privilege of engaging in or managing any business, profession or occupation within its
jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for
permits, registration, examination or inspection. Unless otherwise provided by law, these are
deemed to be regulatory and in addition to, and not in lieu of, any local business tax receipt
imposed under the provisions of this chapter.
decisions arrived at during the codification project, the aforementioned ordinance has been
treated as amendatory of Ch. 20, Art. III of the current Code. The effective date of this article
is October 1, 1984.
Ord. No. 45-06-18, adopted Sept. 25, 2006, changed the title of Article III from Occupational
License Tax to Local Business Tax.
State law reference—Local occupational license taxes, F.S. Ch. 205.
Supp. No. 33 1161
§ 20-51 ATLANTIC BEACH CODE
Manufacturing establishment shall mean any business engaged in making products from
raw materials, either by hand or by machinery.
Passenger vessel shall mean a vessel intended primarily to transport passengers, but
excluding chartered fishing boats. Crew members necessary for the operation of the vessel for
its intended purpose shall not be considered passengers for the purpose of this article.
Person shall mean any individual, firm, partnership, joint adventure, syndicate or other
group or combination acting as a unit, association, corporation, estate, trust, business trust,
trustee, executor, administrator, receiver or other fiduciary, and shall include the plural as well
as the singular.
Physical facility shall mean all areas used by a firm to conduct its business, and shall
include both buildings and outside areas used in conjunction with the business, but shall not
include those areas used exclusively for patron parking.
Professional establishment shall mean any business or profession which is regulated by the
state department of professional regulation, or other state board or commission thereof.
Receipt means the document that is issued by the local governing authority which bears the
words "Local Business Tax Receipt" and evidences that the person in whose name the
document is issued has complied with the provisions of this chapter relating to the business
tax.
Religious institutions shall mean churches and ecclesiastical or denominational organiza-
tions or established physical places for worship in this state at which nonprofit religious
services and activities are regularly conducted and carried on, and also means church
cemeteries.
Retail establishment shall mean any business engaged in the sale of goods or commodities
in any quantities.
Service establishment shall mean any business or individual engaged in any trade, or who
provides labor, repair, maintenance or incidental services. Hotels, motels and restaurants shall
also be considered service establishments.
Taxpayer shall mean any person liable for taxes imposed under the provisions of this article;
any agent required to file and pay any taxes imposed under the provisions of this article; and
the heirs, successors, assignees and transferees of any such person or agent.
(Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 70-93-11, § 1, 7-26-93; Ord. No. 45-94-11, § 1, 6-27-94;
Ord. No. 70-98-13, § 1, 8-10-98; Ord. No. 45-06-18, § 2, 9-25-06)
Cross reference—Definitions and rules of construction generally, § 1-2.
State law reference—Similar definitions, F.S. § 205.022.
Sec. 20-52. Levy.
A business license tax shall be levied on:
(1) Any person who maintains a permanent business location or branch office within the
city, for the privilege of engaging in or managing any business within its jurisdiction;
Supp. No. 33 1162
TAXATION § 20-54
(2) Any person who maintains a permanent business location or branch office within the
city, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction;
(3) Any person who does not qualify under the provisions of subsection (1) or (2) of this
section, and who transacts any business or engages in any occupation or profession in
interstate commerce, if such license tax is not prohibited by Section 8 of Article I of the
United States Constitution;
(4) Any person who reports himself to be engaged in any profession, occupation or
industry for the transaction of which a license is required under this chapter either by
exhibiting a sign or advertisement or by advertising in any newspaper or any other
publication or by the distribution of any advertising material or in any other way
indicating engagement in such business, profession or occupation, regardless of
whether any business has actually been transacted or not.
(Ord. No. 45-81-5, § 1, 12-28-81; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90;
Ord. No. 45-06-18, § 1, 9-25-06)
State law reference—Similar provisions, F.S. § 205.042.
Sec. 20-52.1. Inspections.
Prior to the issuance of a business tax receipt, the structure or site designated as the
location of the business to be taxed shall receive the inspection and approval of the city fire
inspector and building official to verify compliance with city building and fire codes. However,
inspections for home occupations shall be at the discretion of the building official and fire
inspectors. The fee for the initial building inspection shall be included in the business tax fee
hereunder specified and the fee for the fire inspection shall be as set forth in section 7-17.
(Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06)
State law reference—Similar provisions, F.S. § 205.042.
Sec. 20-53. Half-year receipts.
The city clerk, upon proper showing that the issuance of a receipt for a full year would work
a hardship in any instance during the period from April first to October first, may issue a
half -year's receipt. Persons applying for a receipt after October first may be issued a half -year's
receipt.
(Code 1970, § 10-1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
State law reference—Authority for a partial receipt, F.S. § 205.053(1).
Sec. 20-54. Due dates and delinquencies; penalties.
(a) All receipts shall be sold by the city clerk beginning September first of each year and
shall be due and payable on or before October first of each year and shall expire on September
thirtieth of the succeeding year. If October first falls on a weekend or holiday, the tax shall be
due and payable on or before the first working day following October first. Those receipts not
renewed when due and payable shall be considered delinquent and subject to a delinquency
penalty often (10) percent for the month of October, plus an additional five (5) percent penalty
Supp. No. 33 1163
§ 20-54 ATLANTIC BEACH CODE
for each month of delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed twenty-five (25) percent of the local business tax fee for the delinquent
establishment. If receipt is not paid by January thirty-first, the city clerk shall have city water
service disconnected until business tax fee plus delinquent charges are paid in full.
(b) Any person engaging in or managing any business, occupation or profession without
first obtaining a local business tax receipt, if required in this article, shall be subject to a
penalty of twenty-five (25) percent of the business tax fee determined to be due, in addition to
the penalty provided by F.S. Ch. 162; any such business may be closed by the city manager or
his designee until the business tax requirements have been met.
(Code 1970, § 10-1.1; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No.
70-97-12, § 1, 9-22-97; Ord. No. 45-06-18, § 1, 9-25-06)
State law reference—Similar provisions, F.S. § 205.053.
Sec. 20-55. Businesses falling under more than one classification; operating at more
than one location.
Each receipt classification and the amount of the business tax, as set forth in this chapter,
shall be deemed to be cumulative to any license taxes otherwise imposed, and when any
occupation, business, profession or commercial activity shall fall into more than one (1) of the
classifications, such occupation, business, profession or commercial activity shall be required
to comply with the business tax receipt requirements of each such classification or provision.
Whenever any person operates any of the businesses provided for in this article at more than
one (1) location, each location shall be considered a separate business.
(Code 1970, § 10-2; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
Sec. 20-56. Compliance by receipt holders.
Issuance of a local business tax receipt by the city clerk shall in no wise relieve the holder
thereof of responsibility for compliance with all provisions of this Code or other city ordinances
or parts thereof heretofore passed or which may hereafter be passed by the city commission
regulating the conduct of the business.
(Code 1970, § 10-3; Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
Sec. 20-57. Transfer.
(a) All business tax receipts may be transferred to a new owner when there is a bona fide
sale of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of
the original receipt and evidence of the sale.
(b) Upon written request and presentation of the original receipt, any receipt may be
transferred from one (1) location to another location in the city upon payment of a transfer fee
of three dollars ($3.00).
(Ord. No. 45-84-6, § 1, 9-24-84; Ord. No. 45-06-18, § 1, 9-25-06)
State law reference—Similar provisions, F.S. § 205.043(2), (3).
Supp. No. 33 1164
TAXATION § 20-59
Sec. 20-58. Exemptions.
Except from the provisions of this article are those persons exempt under F.S. § 205.063 et
seq.
Sec. 20-59. Schedule of fees.
No person, firm or corporation shall engage in or manage any trade, business, profession, or
occupation without first obtaining a receipt and paying an annual fee, which shall be assessed
as follows:
MANUFACTURING ESTABLISHMENTS:
Manufacturer, all:
0-1,500 sq. ft $53.54
1,501-5,000 sq. ft 90.30
5,001-15,000 sq. ft 120.74
15,001 sq. ft. and over 302.40
PROFESSIONAL ESTABLISHMENTS (Physical facility)
Any person applying for a business tax receipt to practice any profession
regulated by the state department of professional regulation, or any other state
board or commission thereof, must exhibit an active state certificate, registration,
or license, before the business tax receipt may be issued. This classification of
business tax shall consist of, but shall not be limited to, the following types of
business, and the business tax for the professional establishment shall be
assessed at the rate indicated.
0-1,500 sq. ft $53.54
1,501-5,000 sq. ft 90.30
5,001-15,000 sq. ft 120.74
15,001 sq. ft. and over 302.40
Accountancy firm/corporation
Architect firm/corporation
Air conditioning/heating
Attorney firm/corporation
Barber shop
Beauty shop
Brokerage firm/corporation: Mortgage, stocks, bonds
Building contractor
Supp. No. 33 1165
§ 20-59 ATLANTIC BEACH CODE
Cosmetology salon
Cosmetology school
Day care, adult
Day care, children
Dental lab
Detective/investigative agency
Diet/weight control center
Educational establishment (trade, technical)
Electrical contractor
Engineer firm/corporation
Funeral home
General contractor
Hearing aid center
Insurance agency
Land surveyor business
Landscape architect firm/corporation
Loan company
Ma agc cotablishmcnt
Mechanical contractor
Medical office
Miscellaneous, other than listed
Nursing home
Optometry office
Pharmacy
Plumbing/septic tank contractor
Pool/hot tub/spa contractor
Real estate appraiser
Real estate agency
Residential contractor
Roofing contractor
Supp. No. 33 1166
TAXATION § 20-59
Security systems contractor
Sheet metal contractor
Solar energy contractor
Title company
Underground utilities contractor
Veterinary establishment
Banks, national or state, credit union $302.40
Insurance company
(Transacting any class of insurance within the municipal limits of the city,
whether or not maintaining a place of business within the municipal bound-
aries)
$181.64
In addition to the license for the professional establishment (physical facility),
each professional engaged in such practice or profession shall pay a business tax
as indicated. This classification of business tax shall consist of, but shall not be
limited to, the following:
Accountant, each $108.14
Acupuncturist 35.70
Architect 108.14
Attorney 108.14
Auctioneer 108.14
Barber 35.70
Beautician 35.70
Building contractor 35.70
Chiropractor 108.14
Cosmetologist 35.70
Dental hygienist 35.70
Dental radiographer 35.70
Dentist 108.14
Detective/investigator 35.70
Dietitian 35.70
Electrician 35.70
Engineer 108.14
Supp. No. 33 1167
§ 20-59 ATLANTIC BEACH CODE
Funeral director/embalmer 108.14
General contractor 35.70
Hearing specialist 108.14
Insurance agent 108.14
Land surveyor 108.14
Landscape architect 108.14
Marriage or family counselor 108.14
Massage therapist 35.70
Mental health counselor 108.14
Miscellaneous, other than listed 35.70
Miscellaneous contractor 35.70
Mortgage broker 108.14
Nail specialist 35.70
Full specialist (nails/skin care) 35.70
Naturopath 108.14
Nursing home administrator 108.14
Occupational therapist 108.14
Optician 108.14
Optometrist 108.14
Pharmacist (Exempt - F.S. 205.196) Exempt
Physical therapist 108.14
Physician 108.14
Plumber 35.70
Podiatrist 108.14
Professional, other than listed 108.14
Psychologist 108.14
Real estate appraiser 35.70
Real estate sales agent 35.70
Real estate broker 35.70
Residential contractor 35.70
Respiratory care practitioner/therapist 108.14
Supp. No. 33 1168
TAXATION § 20-59
Stocks/bonds broker 108.14
Veterinarian 108.14
RETAIL ESTABLISHMENTS:
The business tax for retail establishments shall be assessed at the following
rates:
0-1,500 sq. ft $53.54
1,501-5,000 sq. ft 90.30
5,001-15,000 sq. ft 120.74
15,001 sq. ft. and over 302.40
Antiques
Appliance sales
Art gallery/dealer
Art framing/arts and crafts
Auto new/used
Auto parts/supplies
Bakery
Beauty supply
Bicycles
Boat, new/used
Book stores/stationers
Building supplies
Butcher/meat market
Cabinet/carpentry shop
Candy/pop corn
Ceramics
Clothing
Collectibles
Communications equipment (cell phones/beepers)
Computer, hardware/software
Convenience store
Cosmetics
Supp. No. 33 1169
§ 20-59 ATLANTIC BEACH CODE
Crafts/home accessories
Gifts/greeting cards
Decorator sales
Delicatessen
Department/variety store
Electronic equipment/radio/television
Fabric shop
Fish/seafood market
Fishing supplies (bait and tackle)
Fish: tropical/aquarium
Floor coverings: carpet, tile, etc.
Florist, cut flowers, plants, etc.
Furniture sales
Garden center/nursery
Gas, LP dealers
Glass: auto, plate, window, mirror
Grocery store
Curio/lircarms dcaloi
Hardware store
Health food store
Ice cream vendor (mobile)
Ice cream parlor
Internet sales
Jewelers
Liquor store (not for consumption on premises)
Lumber yard/sales
Mail order/catalog sales
Marine equipment/supplies
Miscellaneous sales, other than listed
Mobile home/RV dealer
Supp. No. 33 1170
TAXATION § 20-59
Motorcycle sales, new/used
Music shop
Office equipment/supplies
Optical devices/equipment sales
Pawnshop
Pet shop, sales/supplies
Photographic equipment/supplies
Plumbing fixtures/supplies
Records/tapes/CD/video sales
Secondhand/thrift stores
Shoe sales
Sporting goods
Tobacco products
Toy store
Trophy/award sales
Video equipment sales/rental
Wall covering/window treatment
Water companies, bottled or bulk
SERVICE ESTABLISHMENTS:
The business tax for service establishments shall be assessed at the following
rates:
0-1,500 sq. ft $53.54
1,501-5,000 sq. ft 90.30
5,001-15,000 sq. ft 120.74
15,001 sq. ft. and over 302.40
Advertising agency, firm or corporation engaged in creation, production or sale of
media intended to promote or advertise
Advertising, billboards, highway and wall signs (covering fabrication, erection
and/or maintenance of any type sign which is located on private property,
exclusive of neon, which is covered under general receipt)
Supp. No. 33 1171
§ 20-59 ATLANTIC BEACH CODE
Advertising, outdoor (general receipt covering all phases of advertising as defined
in F.A. Ch. 479, relating to outdoor advertisers and including erecting, servicing
and maintaining of electrical and neon signs)
Animal grooming/kennel
Apartment building/complex (Based on total sq. footage)
Appliance service/repair
Auto:
Car wash
Customizing/detailing
Oil change
Machine shop/welding
Paint and body shop
Rental/U-drive
Road service/towing
Service/repair
Stereo/accessories installation
Storage
Tire dealer
Service sL[tiol
(The number of pumps shall be calculated either individually or by island
as numbered by the service station)
1-4 pumps $53.54
5-9 pumps 90.30
10-12 pumps 120.74
Over 12 pumps 302.40
Bar/lounge/tavern
With one (1) COP receipt, add 59.84
With 2 COP receipt, add 120.74
With 4 COP receipt, add 242.54
With lounge and/or micro brewery, add 302.40
Boat repair
Bowling alleys
Supp. No. 33 1172
TAXATION § 20-59
Bookkeeping
Building inspection
Carpentry
Carpet cleaners
Catering
Cement/stone/brick
Cemetery
Charter vessel
Each vessel up to 25 ft 51.44
Plus $11.02 per foot additional for vessels over 25 ft.
Vessels over 25 ft. require city commission approval
Cleaning/janitorial/maid service
Computer services
Computer classes
Consultant/systems analyst
Computer repairs
Software programs, writing of
Consultant, not otherwise classified
Country club
With 1 COP receipt, add 59.84
With 2 COP receipt, add 120.74
With 4 COP receipt, add 242.54
With lounge and/or micro brewery, add 302.40
Dance hall
With 1 COP receipt, add 59.84
With 2 COP receipt, add 120.74
With 4 COP receipt, add 242.54
With lounge and/or micro brewery, add 302.40
Delivery/messenger service
Decorator/interior design
Drywall installation
Supp. No. 33 1173
§ 20-59 ATLANTIC BEACH CODE
Dredging/excavation contractor
Employment agency
Environmental services/consultant
Fences, metal/wood contractor
Fortune teller, clairvoyant, psychic, palmist spirit medium, etc.
Financial consultant
Foundation contractor
Fuel oil service
Furniture repair/upholstery
Glass tinting/coating
Health spa/gym
Hotel/motel/rooming houses
With 1 COP receipt, add 59.84
With 2 COP receipt, add 120.74
With 4 COP receipt, add 242.54
With lounge and/or micro brewery, add 302.40
Insulation contractor
Instructional establishment:
Arts/crafts
Computer/secretarial
Dance/music/fine arts
Karate/martial arts
Irrigation contractor
Junk/salvage yard
Land development company
Landscaping/lot clearing
Laundromat, self service
Laundry/dry cleaner
Lawn/yard service
Linen service
Locksmith
Supp. No. 33 1174
TAXATION § 20-59
Machine repair/fabrication/welding
Management company (Managing the property or business of another person,
firm or corporation)
Manufacturer's agent/representative
Marina
Per slip/space up to 50 ft $11.54
Plus additional $11.54 for each additional foot over 50 ft.
Marine construction (docks etc.)
Masonry/ceramic tile
Minor contractor (Miscellaneous odd jobs/repair)
Miscellaneous service establishment, other than listed
Mobile home parks
Motion picture theater/establishment
Motorcycle repair
Moving/storage company
Newspaper, branch office/publishing
Office equipment maintenance
Packing/shipping/mail service
Painting/paper hanging
Pest control/exterminator
Photographer
Photo processing service
Piano tuner
Pool service/maintenance
Printer/print shop
Process server
Promoters of entertainment, exhibits, shows, event planner
Publishing/public relations company
Radio station/broadcasting company
Radio/television/VCR repair
Recycling company
Supp. No. 33 1175
§ 20-59 ATLANTIC BEACH CODE
Rentals:
Bicycles
Equipment
Furniture/appliances
Video tapes, etc.
Other
Restaurants (this classification also includes snack bars and take-out only
service)
With 1 COP receipt, add 59.84
With 2 COP receipt, add 120.74
With 4 COP receipt, add 242.54
With lounge and micro brewery, add 302.40
Screen printing
Secretarial service/data processing
Security systems monitoring service
Septic tank cleaning
Shoe repair
Sign painters/sign builders
Signs, electric/neon
Solicitation, door to door (unless exempted by chapter 18 of this Code or F.S.
Chapter 496)
(Plus $35.00 to cover the cost of investigation, section 18-3 of this Code)
Small engine repair
Sprinkler systems (fire)
Storage/mini warehouses
Tanning salon
Tailor/dressmaker
Telegraph service
Telemarketing
Telephone answering service
Trailer park/tourist camp
Supp. No. 33 1176
TAXATION § 20-59
Travel agency
Tree service/tree surgeon
Water softening/conditioning
Web site consultant
Well digger
Window installation/service
Other service establishments:
Telephone company (subject to franchise)
First 1,000 phones or instruments or fraction thereof, per phone or instrument
operated or installed $.078
Second 1,000 phones or instruments or fraction thereof over 1,000, per phone
or instrument operated or installed $.062
All over 2,000 phones or instruments, per phone or instrument operated or
installed $.046
Transportation:
In addition to the receipt for the business establishment (physical facility),
each individual engaged in transportation shall pay a business tax fee for each
vehicle involved in the business, as follows:
Taxi/limousine service
Limousine, per vehicle $29.40
Taxi cabs 29.40
Towing/wrecker service
Towing/wrecker service, per vehicle 29.40
Trucking
Truck, per vehicle 29.40
Vending machines:
The receipt for vending machines shall be the responsibility of the business
where the vending machines are located and shall be in addition to other
license(s) required for the business. Vending machines shall mean any amuse-
ment/game machine, pool/billiard table, electronic music machine and any
machine which dispenses a product.
0-3 machines 29.40
4-10 machines 59.84
11-19 machines 120.74
Supp. No. 33 1177
§ 20-59 ATLANTIC BEACH CODE
20 or more machines (arcade) 302.40
Commission approval will be required before business tax receipts will be issued
for the following businesses, and business taxes shall be as follows:
Passenger vessel
1-50 passenger capacity 115.50
51-100 passenger capacity 1,157.62
101 or more passenger capacity 144,703.12
Day labor employment service 5,788.12
Escort service28,940.62
Body piercing/tattoo artist 220.50
Lingerie modeling shop 28,940.62
900 telephone service or equivalent 28,940.62
Sexually oriented live entertainment 28,940.62
Teen club 5,512.50
(Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7,
§ 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10,
1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No. 45-00-14,
§ 1, 7-24-00; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02; Ord. No. 45-03-17,
§ 1, 6-23-03; Ord. No. 45-06-18, § 3, 9-25-06)
Secs. 20-60-20-75. Reserved.
ARTICLE IV. INSURANCE PREMIUM TAXES
Sec. 20-76. Casualty risks.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of insuring with respect to casualty risks, as shown by the records of the
insurance commissioner of the state, an excise or business tax in addition to any business tax
or excise tax now levied by the city, which tax shall be in the amount as established by F.S.
185.08 of the gross amount or receipts of premiums from policyholders on all premiums
collected on casualty insurance policies covering property within the corporate limits of the
city.
(Ord. No. 45-80-4, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 4, 9-25-06)
State law reference—Authority for this section, F.S. § 185.08.
Supp. No. 33 1178
TAXATION § 20-82
Sec. 20-77. Property insurance.
There is hereby assessed, imposed and levied on every insurance company, corporation or
other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on
the business of property insurance, as shown by the records of the insurance commissioner of
the state, an excise or business tax in addition to any business tax or excise tax now levied by
the city, which tax shall be in the amount as established by F.S. 175.101 of the gross amount
or receipts of premiums from policyholders on all premiums collected on property insurance
policies covering property within the corporate limits of the city.
(Ord. No. 45-80A, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 5, 9-25-06)
State law reference—Authority for this section, F.S. § 175.101.
Sec. 20-78. Payment date.
The business or excise taxes levied in section 20-76 or 20-77 shall be due and payable
annually on the first day of March of each year.
(Ord. No. 45-80-4, 9-8-80; Ord. No. 45-06-18, § 6, 9-25-06)
Sec. 20-79. Reserved.
ARTICLE V. ADDITIONAL HOMESTEAD EXEMPTION
Sec. 20-80. Exercise of municipal powers.
This article represents an exercise of municipal powers by the city commission, pursuant to
Section 9(12) of the Atlantic Beach Charter. This article shall apply throughout the City of
Atlantic Beach, but only to taxes levied by Atlantic Beach.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-81. Definitions.
As used in this article, the term:
Household means a person or group of persons living together in a room or group of rooms
as a housing unit, but the term does not include persons boarding in or renting a portion of the
dwelling.
Household income means the adjusted gross income, as defined in Section 62 of the United
States Internal Revenue Code, of all members of a household.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-82. Additional homestead exemption authorized.
Commencing January 1, 2001, and annually thereafter, pursuant to Article VII, Section 6(f),
Florida Constitution, and Section 196.075, Florida Statutes, an additional homestead exemp-
tion of twenty-five thousand dollars ($25,000.00) is hereby authorized for any person who has
Supp. No. 33 1179
§ 20-82 ATLANTIC BEACH CODE
the legal or equitable title to real estate and maintains thereon the permanent residence of the
owner, who has attained the age of sixty-five (65) and whose household income does not exceed
twenty thousand dollars ($20,000.00), adjusted by the cost -of -living index for the year 2000.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-83. Annual adjustment to household income.
Commencing January 1, 2001, the household income limitation shall be adjusted annually,
on January 1, by the percentage change in the average cost -of -living index in the period
January 1 through December 31 of the immediate prior year compared with the same period
for the year prior to that. The index is the average of the monthly consumer -price -index figures
for the stated 12 -month period, relative to the United States as a whole, issued by the United
States Department of Labor.
(Ord. No. 70-00-14, § 1, 6-26-00)
Sec. 20-84. Annual filing of household income statement.
Any taxpayer claiming the additional homestead exemption must submit annually, not later
than March 1 of each year, to the Duval County Property Appraiser, a sworn statement of
household income on a form prescribed by the Florida Department of Revenue.
(Ord. No. 70-00-14, § 1, 6-26-00)
Supp. No. 33 1180
[The next page is 1221]
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. 33 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: A monthly 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. 33 1280
$6.74 per account
UTILITIES § 22-27
Multifamily residential 5.06 per unit
Master -metered mobile homes 5.06 per site
Travel trailers 5.06 per site
Hotel/motel 5.06 per room
Hotel/motel with kitchen 5.06 per room
Commercial
Master -metered commercial $6.74 per unit
Restaurants, laundries, and car wash con-
nections Based on meter size phase in table below
All other commercial customers Based on meter size phase in table below
Irrigation
All residential $6.74 per account
All commercial Based on meter size phase in 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 Effective Effective
(in inches) October 1, 2006 October 1, 2007
5/8 or 3/4 $6.74 $6.74
1 $8.00 $8.43
11/2 $14.31 $16.85
2 $21.90 $26.94
3 $42.11 $53.89
4 $64.84 $84.21
6 $128.00 $168.42
8 $203.79 $269.47
(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
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
1 3,000 $0.23
2 8,000 $1.84
3 13,000 $2.16
4 18,000 $3.24
5 Over 18,000 $4.88
b. Multiple units and commercial accounts. There are hereby established an
inclining block volume charge for all multiunit residential and multiunit com-
Supp. No. 33 1281
§ 22-27 ATLANTIC BEACH CODE
mercial accounts as follows:
Block
1
2
Upper Limit
Gallons per Month
(per unit)
2,000
Over 2,000
Rate per Thousand
Gallons
$0.23
$1.84
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
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
1 13,000 $2.16
2 18,000 $3.24
3 Over 18,000 $4.88
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
1
2
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
3,000
Over 3,000
$0.23
$1.84
(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; Ord.
No. 80-06-73, § 1, 9-25-06)
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. 33
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. 33 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
$14.10 per account
$10.58 per unit
$10.58 per site
$ 8.47 per site
$ 7.06 per room
$ 8.47 per room
$14.10 per unit
$14.10 x ERU factor
$14.10 x ERU factor
The ERU factor for the commercial classification is based upon meter size as follows:
Meter Size (in inches)
5/8 X 3/4
1
11/2
2
3
4
F
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; Ord. No. 80-06-73, § 1, 9-25-06)
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. 33 1296
Block
UTILITIES § 22-170
Upper Limit Rate per Thousand
(Gallons per Month) Gallons
1 3,000 $0.47
2 13,000 $3.91
3 Over 13,000 $0.00
(2) Multiunit residential and all commercial units as follows:
Block
1
2
Upper Limit
(Gallons per Month, per
Unit)
3,000
Over 3,000
Rate per Thousand
Gallons
$0.47
$3.91
(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; Ord. No. 80-06-73, § 1, 9-25-06)
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. 33 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
n duc shall be executedrecordable form _�e flecti
to the annlir�ni-, Alien for the amount ...x„ u.scuii u., executed in act.�tUui.li�, r�u��Lug the
,t_
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. 33 1298
Chapter 23
VEGETATION*
Art. I. In General, §§ 23-1-23-14
Art. II. Tree Protection, §§ 23-15-23-35
Art. III. Accumulation of Weeds, §§ 23-36-23-45
Art. IV. Historic Tree Preservation, §§ 23-46-23-50
ARTICLE I. IN GENERAL
Secs. 23-1-23-14. Reserved.
ARTICLE II. TREE PROTECTIONt
Sec. 23-15. Intent.
It is the intent of these regulations to promote the health, safety and welfare of the current
and future residents of the city by establishing minimum standards for the protection of trees
within the city in order to:
(1) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the protection of trees during development;
(2) Improve environmental quality by recognizing the numerous beneficial effects of trees
upon the environment;
(3) Provide direct and important physical and psychological benefits to human beings
through the preservation of trees to reduce noise and glare, and to break up the
monotony and soften the harsher aspects of urban development;
(4) Promote innovative approaches to the design, installation and maintenance of trees,
thereby encouraging water and energy conservation;
(5) Increase and maintain the value of land by requiring a minimum number of trees to be
incorporated into development; enhancement of city rights-of-way and easements with
tree canopy;
(6) Preserve existing natural trees and vegetation where possible;
(7) Promote the conservation of potable and nonpotable water by encouraging the
preservation of existing plant communities, encouraging the planting of natural or
uncultivated areas, encouraging the use of site-specific plant materials; encourage
xeriscaping and use of native species;
*Cross reference—Streets, sidewalks and other public places, Ch. 19.
'Editor's note—Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II
to read as herein set out. Prior to such amendment, Art. II consisted of §§ 23-16-23-27, which
pertained to tree protection and derived from Ord. No. 95-89-44, § 1, adopted January 8, 1990.
Supp. No. 33 1351
§ 23-15 ATLANTIC BEACH CODE
(8) Establish procedures and standards for the administration and enforcement of this
part;
(9) Establish a tree fund for the collection of monies from mitigation to be used for
planting of trees in areas throughout the city.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-07-92, § 1(a), 2-12-07)
Editor's note—Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II
by including provisions designated as § 23-1. For purposes of classification and in order to
preserve numerical consistency, such provisions have been included herein as § 23-15 at the
discretion of the editor.
Sec. 23-16. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively
ascribed to them:
Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance
requirement, established to protect one type of land use from another land use that may be
incompatible. The area is landscaped, maintained and kept in open space.
Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six
(6) inches above the ground for trees up to and including four (4) inches in caliper, and
measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper.
Clear cutting means the clearing of trees, including stumps, from fifty (50) percent or more
of a lot, such that staff is unable to determine with reasonable certainty the number of
protected trees removed. For subsection 23-17(g)(3)c. purposes, the area used for determina-
tion of fines shall be the total area of the lot that has been cleared and grubbed (trees,
underbrush, roots, etc. removed).
Construction means and includes erecting structures and buildings, placement of utilities,
paving, topographical changes, and installation of drainage.
DBH means the diameter breast height measured in inches at four and five -tenths (4.5) feet
above ground level. DBH for multi -trunked trees shall be determined by measuring each trunk
immediately above the fork and adding the total inches together.
Designee means an appointed representative.
Developer/builder/contractor means any person, firm or other legal entity that purchases,
agrees to purchase or otherwise holds an interest in real property with the intent to, or in fact
does, develop such property for any construction (by himself or others) thereon for which an
application for a building permit will ultimately be required.
Development, redevelopment, renovating means any construction for which an application
for a building permit must be made prior to initiation of any improvement. Also, in the case of
vehicular use paving, any preparation or pavement (concrete or asphalt) of a site intended for
any type of vehicular use.
Supp. No. 33 1352
VEGETATION § 23-16
Director means the city manager's appointee responsible for administering tree removal
permits.
Dominant species means the specie occurring most frequently.
Dripline means an imaginary line extending perpendicularly down from the outermost
branches of a tree.
Excavation means the act of digging, cutting or scooping soil or in any way changing the
existing grade of the land.
Hazardous means a danger by virtue of location and/or presence of defects.
Mitigation means trees required to be planted on property to replace a percentage of the
trees removed during construction, as defined in section 23-17(c), or, alternately, funds
deposited in the tree replacement account.
Municipal means of or belonging to the city or it's franchised agents.
Open space means all areas of natural plant communities or areas replanted with vegetation
after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover
planting areas; and lawns, and all other areas required to be provided as natural ground and
landscaping.
Park means all public parks owned by the city.
Positional conflict means, by virtue of its location, the tree's dripline is encroached upon by
site alterations.
Preserve area means vegetative areas required to be preserved under the jurisdiction of the
Florida Department of Environmental Regulation, St. Johns River Water Management
District and/or the United States Army Corps of Engineers or other regulatory agencies.
Property owner means the person owning the property as shown in the county tax roles.
Protected tree means and includes all of the following:
(1) Private protected tree: Any tree on private property with:
a. A DBH of six (6) inches or more located on any lot within twenty (20) feet of a
street right-of-way (including an approved private street or other access ease-
ment) and twenty (20) feet from the rear lot line or located within seven and
one-half (71/2) feet of any side property line; or
b. A tree with a DBH of twenty (20) inches or more located elsewhere on a
residential lot and a tree with a DBH of ten (10) inches or more located elsewhere
on a commercial or industrial lot.
(2) Public protected tree: Any tree located on lands owned by the city, or other govern-
mental agencies or authorities, or any land upon which easements are imposed for the
benefit of the city, or other governmental agencies or authorities, or upon which other
Supp. No. 33 1353
§ 23-16 ATLANTIC BEACH CODE
ownership control may be exerted by the city, or other governmental agencies or
authorities, including rights-of-way, parks, public areas and easements for drainage,
sewer, water and other public utilities, with:
a. A DBH of six (6) inches or more located within a city or other governmental
right-of-way, or located on any parcel within twenty (20) feet of a street
right-of-way or rear parcel line, or located on any parcel within seven and
one-half (71/2) feet of any side property line; or
b. A DBH of ten (10) inches or more located elsewhere on the parcel.
(3) Exceptional specimen tree: Any tree which is determined by the city commission to be
of unique and intrinsic value to the general public because of its size, age, historic
association, or ecological value or any tree designated a Florida Stale Champion,
United States Champion or World Champion by the American Forestry Association.
The city clerk shall keep a record of all specimen trees so designated and their location.
Protective barrier means a manmade barricade to prevent disturbance of the tree's growing
environment.
Public place means all grounds owned by the city.
Razing means to scrape, cut or otherwise remove existing trees.
Site alterations means any manmade change, disturbance or damage to the existing
topography or trees.
Street means the entire width of public right-ot-way.
Thee means any self-supporting woody plant of a species which normally grows to an overall
height of a minimum of twelve (12) feet in this area.
Tree removal means any act causing the death and/or elimination of a tree.
Tree replacement account means an account created by the city to be used exclusively for
finding public tree -planting projects, including up to ten (10) percent of the cost for general
landscape material. Donations to this account shall be on a voluntary basis and may include
monies donated per this section [i.e., definition of "mitigation"].
Understoiy means assemblages of natural low-level woody, herbaceous, and ground cover
species which exist in the area below the canopy of the trees.
Unique or special characteristic means a tree of unusual species, configuration, size, age or
historical background, including, but not limited to, a live oak, cypress or magnolia tree of
thirty (30) inches or more in DBH.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-07-92, § 1(b), 2-12-07)
Supp. No. 33 1354
VEGETATION § 23-17
Sec. 23-17. Applicability; removal of trees; minimum standards; permits; mitigation;
development; enforcement; violations and penalties.
(a) Applicability. The provisions of this section shall apply to all protected trees within the
city, unless specifically exempted herein.
(b) Removal of protected trees prohibited; exceptions.
(1) No person, organization, society, association or corporation, or any agent or represen-
tative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall
authorize the cutting down, removal, damage, or destruction of, any protected tree, as
defined in section 23-16 hereof, or shall commit any act or authorize the commission of
any act which physically removes a protected tree or causes a tree to die, such as
damage inflicted upon the root system by heavy machinery, chemicals or paving,
changing the natural grade above the root system and tree damage permitting
infection or pest infestation, without first having obtained a permit as herein provided.
(2) The following protected trees are exempted from the provisions of this section:
a. Any tree located on any property upon which either a single-family dwelling or a
mobile home on an individual lot is located unless a permit for development,
redevelopment, or renovation, valued at ten thousand dollars ($10,000.00) or
more, is required, or anticipated within six (6) months following tree removal;
b. Any tree located in botanical gardens or in state -approved or government
nurseries and groves which are grown for sale or public purpose;
c. Any tree, including any public protected tree, that poses imminent danger to the
public health, welfare or safety, and requires immediate removal without delay.
In such instances, verbal authorization to remove such tree may be given by the
director.
During the period of an emergency such as a hurricane, flood or any other natural
disaster, the requirements of this section may be temporarily waived by the director,
so that private or public work to restore order in the city will in no way be hampered.
(c) Minimum tree standards.
(1) Minimum tree standards shall apply to all lots affected by permitted development,
redevelopment, or renovation valued at ten thousand dollars ($10,000.00) or more.
(2) Unless otherwise provided in this section, a minimum number of trees shall be planted
or preserved upon each site pursuant to the following standards, which are the
minimum requirements for landscaping within the city. Trees shall not be placed
where they interfere with site drainage or where they will require frequent pruning in
order to avoid interference with overhead power lines.
a. Minimum tree -planting requirements for all residentially zoned property upon
which either a single-family dwelling or a mobile home on an individual lot is
located or to be located: One (1) four -inch caliper tree shall be planted and/or
Supp. No. 33 1355
§ 23-17 ATLANTIC BEACH CODE
preserved for every twenty-five hundred (2,500) square feet of lot area, or portion
thereof, excluding therefrom preserve areas and water bodies. Preserving pro-
tected trees will offset this requirement.
b. Minimum tree -planting requirements for all nonresidential zoned property upon
which either a single-family dwelling or a mobile home on an individual lot is
located:
1. One (1) tree shall be planted and/or preserved for every eight thousand
(8,000) square feet of parcel area or portion thereof, excluding therefrom
preserve areas and water bodies in all commercial districts, except as
otherwise provided herein.
2. One (1) tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom
preserve areas and water bodies in any industrial district or public (govern-
ment) use district.
(d) Permit procedures and criteria for tree removal, relocation and replacement of protected
trees.
(1) Permits for site clearing and the removal or relocation of a protected tree, including
any public protected tree in a right-of-way or easement by a property owner, shall be
obtained by filing an application. Approval of the application by the tree conservation
board and issuance of a permit by the director shall be required prior to any land
clearing or grubbing, prior to any disturbance of the root system or site development,
or prior to the occurrence of any changes to an existing developed site. The site shall
be inspected to insure compliance with the approved site plan prior to any additional
permits being issued. Application for site clearing and tree removal or -relocation sliall
include the following:
a. A site plan, at a scale which clearly illustrates the requirements of this section,
including the following:
1. The lot configuration;
2. The location and identification of existing and proposed improvements, if
any, including structures, water retention areas, paving, grade changes,
utilities, easements, and street rights-of-way or approved private streets;
3. The location and identity, by botanical or common name and DBH, of
protected trees to be removed, relocated, or retained;
4. The location of preserve areas;
5. The location of ingress/egress corridors and staging areas;
6. The location of all temporary protective barriers;
7. The location of all trees to be used for mitigation credit.
b. A statement explaining why the protected tree is proposed to be removed or
relocated.
Supp. No. 33 1356
VEGETATION § 23-17
(2) An application for a permit for the clearing, removal or relocation of a protected tree
shall be reviewed as designated in subsection (b)(1) above and a decision shall be made
thereon within fifteen (15) working days after receipt of such application or by
agreement by both parties to a time frame. Any person, organization, society,
association, corporation or agent thereof who intends to trim, prune, cut, disturb roots,
or to destroy or remove any tree from any public easement, public property or
right-of-way shall obtain a permit from the board as discussed in (1) above. All work
shall be conducted in strict accordance with the National Arborist Association Pruning
Standards for Shade Trees, the American National Standards for Tree Care Operations
(ANSI #Z133.1), and any additional conditions of such permit. The city and its
franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or
disturb roots of any tree within a public easement or right-of-way.
(e) Mitigation criteria and procedures.
(1) Any relocation of trees in compliance with this section shall be performed in
accordance with accepted industry practices, including watering to insure survival of
transplanted stock. Transplanted trees must be guaranteed for at least one (1) year.
(2) Protected trees identified for removal on the site clearing or tree removal permit
application shall be replaced with new -planted trees, unprotected trees or trans-
planted trees. In general, protected oaks removed shall be replaced only with oaks.
With tree board concurrence, hardwood trees yielding a similar canopy may be used.
The total caliper inches of replacement trees shall equal one-half ('/a) the total caliper
inches of protected trees removed, unless otherwise approved by the tree conservation
board. If multi -trunked trees are used as replacement trees, then the total caliper of
the four (4) largest trunks shall equal the replacement caliper. New palms may be used
only to replace protected palms removed. No replacement will be required for protected
trees which are determined by the city to be dead or deteriorated as a result of age,
insects, disease, fire, lightning or other acts of nature.
a. New replacement trees shall be a minimum of Florida Number One defined in the
most current edition of the Grades and Standards for Nursery Plants, Parts I and
II, published by the Florida Department of Agriculture and Consumer Services.
Trees shall be a species having an average nature crown spread of no less than
thirty (30) feet in Northeast Florida. Trees shall have a minimum two-inch
caliper and a minimum of ten (10) feet in overall height.
b. Existing trees, three-inch caliper or greater, which are not protected trees or
transplanted, may be utilized to satisfy tree replacement requirements, subject to
the conditions stated in this subsection.
c. New, preserved nonprotected, or transplanted oaks used as replacement for
removed protected oaks shall be four -inch caliper or greater.
d. Existing protected trees which would otherwise be removed from the site because
of development may be utilized to satisfy tree replacement requirements if
transplanted to a location on the site which meets the requirements of this
subsection.
Supp. No. 33 1357
§ 23-17 ATLANTIC BEACH CODE
e. If protected tree removal is associated with new development, the name, size and
location of all replacement trees shall be shown on the required landscape plan
and such trees shall be installed prior to the final building inspection and
issuance of the CO. Otherwise, the name, size and location of the required
replacement trees shall be shown on the site plan required for site clearing or tree
removal and such trees shall be installed within the time limit stated on the site
clearing or tree removal permit.
f. Existing nonprotected trees, transplanted trees and new trees used for replace-
ment become protected trees.
Replacement trees shall be maintained by watering and guaranteeing the tree for
one (1) year. Failure to maintain the trees shall be deemed a violation of the
zoning code.
h. A tree used for replacement shall be at least ten (10) feet from any other tree
planted, transplanted or preserved.
i. If the applicant demonstrates to the satisfaction of the director that the site
cannot accommodate the total number of required replacement trees as a result
of insufficient planting area, the applicant shall provide a monetary contribution
to the tree replacement account. The amount of such contribution shall be
determined as follows: For every two (2) caliper inches, or fraction thereof, of
replacement trees which would otherwise be required, the contribution shall be
equal to the retail value of a planted two-inch caliper nursery -grown shade tree.
The retail value shall be calculated by taking the average of the median current
wholesale price, published by North Florida nurseries, for a container grown, and
a balled and burlapped two-inch caliper laurel oak, multiplied by two (2). The
retail value shall be recalculated and adjusted annually on October 1.
(3) Tree replacement fund monies may be expended by the city for funding public tree
planting projects. Eligible tree planting projects may include projects on private
property but only on properties where the city commission has determined that there
is a substantial deficiency in tree canopy. Disbursement of tree replacement funds for
private property projects may not collectively exceed two thousand dollars ($2,000.00)
annually. Up to ten (10) percent of each approved project budget may be used for
associated soil preparation materials and mulch.
(f) Tree protection during development. All protected trees, preserved understory vegeta-
tion, and trees retained for tree credit, pursuant to subsection (e), shall be protected from
injury during any land clearing or construction in the following manner:
(1) Prior to any land -clearing operations, tree limbs which interfere with construction
shall be removed and temporary barriers shall be installed around all trees and other
understory vegetation to remain within the limits of land clearing or construction and
shall remain until the completion of the work. The temporary barrier shall be at least
three (3) feet high, shall be placed at least six (6) feet away from the base of any tree,
shall include at least fifty (50) percent of the area under the dripline of any protected
g.
Supp. No. 33 1358
VEGETATION § 23-17
tree or trees retained for tree credit pursuant to subsection (e), and the barrier shall
consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet
apart, with a two-by-four minimum top rail, or a temporary wire mesh fence, or other
similar barrier which will limit access to the protected area. Tree protection shall
comply with the guidelines in the Tree Protection Guide for Builders and Developers
by the Florida Division of Forestry and any other reasonable requirements deemed
appropriate by the director to implement this part.
(2) No materials, trailers, equipment or chemicals shall be stored, operated, dumped,
buried or burned within the protected areas. No attachment, wires (other than
protective guy wires), signs or permits shall be attached to a protected tree.
When removing branches from protected trees to clear for construction or pruning to
restore the natural shape of the entire tree, the guidelines in the National Arborist
Association Pruning Standards for Shade Trees and the American National Standards
for Tree Care Operations (ANSI #Z133.1) shall be followed. Protected trees shall be
pruned to remove dead or damaged limbs and to restore this natural shape, and
fertilized as necessary to compensate for any loss of roots and to stimulate root growth.
Any damage to tree crowns or root systems shall be repaired immediately after
damage occurs.
(g) Enforcement; violations and penalties; stopping work, correction of violation; assessment
and recovery of civil penalties.
(1) Notice of violations. Whenever the director has evidence that a violation of any
provision of this subpart [section] has been or is being committed, he shall issue a
written notice or order upon the violator by personal service, certified mail, or by
posting a copy in a conspicuous place on the premises where the violation has occurred
or is occurring. The notice shall briefly set forth the general nature of the violation and
specify the manner and a time within which the violation shall be corrected.
(2) Stopping work. Failure to correct violations within the time period set forth in the
notice of violation shall constitute grounds for the issuance of a stop work order. All
work on the site shall be suspended until the violations have been corrected.
(3) Correction of violation. A violation of this article shall be corrected as follows:
a. By paying the permit fee due the city for the work, which permit fee shall be twice
the amount of the regular permit fee specified on the application which would
have been due had the permit been obtained prior to commencing work, and by
replacing the protected trees removed without a permit with new planted trees,
unprotected trees or transplanted trees. The total caliper inches of the replace-
ment trees shall equal the total caliper inches of the protected trees removed. A
tree replanting plan showing how the damage caused to the site by the violation
will be mitigated shall be subject to the review and approval of the tree
conservation board and the trees installed within the time limit stated on the
Supp. No. 33 1359
§ 23-17 ATLANTIC BEACH CODE
permit. Replacement trees shall meet the requirements of subsection (e), except
that the minimum caliper of the replacement tree shall be four (4) inches, and the
plan shall meet the requirements of subsection (d) to the extent applicable; or
b. By paying the permit fee due the city for the work, which permit fee shall be twice
the amount of the regular permit fee specified on the application, which would
have been due had the permit been obtained prior to commencing work, and by
making a contribution to the tree replacement fund to compensate for each
replacement tree which is not planted. The amount of such contribution shall be
determined pursuant to the formula described in subsection (e)(2)i.;
c. If the site has been cleared and the trees have been removed from the site so that
the director is unable to determine with reasonable certainty the number of
protected trees removed in violation of this subpart [section], the violation shall
be corrected by paying a civil fine of up to five dollars ($5.00) per square foot of
land cleared, which fine shall be assessed by the code enforcement board. The
contributions and fines assessed under this subsection shall be payable to the city
immediately within seven (7) days after assessment. All amounts received by the
city pursuant to this subsection shall be deposited in the tree replacement
account. No work shall continue on the site until the tree replanting plan has
been approved or the contribution and/or fine has been collected.
d. After a notice of violation has been issued by the city inspector, an additional
reinspection fee of fifty dollars ($50.00) shall be paid to the city before any work
may begin again.
(4) Appeals. A person aggrieved by an administrative order, determination or decision of
the director may appeal the order, determination or decision to the city commission.
(5) Violation and penalties. A person who violates any provision of this section, and fails
to correct the violation as provided herein, shall, upon conviction thereof, be guilty of
a violation of this article and punished accordingly. A separate offense shall be deemed
to have been committed for each tree removed, damaged, or destroyed contrary to the
provisions of this article.
(6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an
adequate remedy at law, the city may seek injunctive relief in the circuit court to
enforce the provisions of this section. The city shall be entitled to reasonable attorney's
fees and costs, including appellate fees and costs in an action where the city is
successful in obtaining affirmative relief.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-00-73, § 1, 3-27-00; Ord. No. 95-07-92, §§ 1(c), 2,
2-12-07)
Sec. 23-18. Reserved.
Sec. 23-19. Tree conservation board.
(a) There is hereby created an administrative body to be known as the tree conservation
board composed of five (5) citizens of the city. Each member shall be appointed and approved
by the city commission. An ex officio member shall be an individual trained in arboriculture,
landscape architecture, forestry or some other closely related field.
Supp. No. 33 1360
VEGETATION § 23-19
(b) All members of the board will serve without pay. Following the expiration of the terms
of office of current board members the term of office shall be for two (2) years and members
may serve a maximum of four (4) consecutive terms. Vacancies caused by death, resignation,
or otherwise shall be filled immediately for the unexpired term in the same manner as the
original appointments are made.
(c) Upon appointment and approval to the board, the members shall meet and organize by
the election of a chairman and secretary. Rules and procedures shall be adopted for the holding
of regular and special meetings as the board shall deem advisable and necessary in order to
carry out its responsibilities.
(d) It is the intent that at least two (2) members of the board, if possible, be engaged in a
business in the city.
(e) The board shall:
(1) Review applications for site clearing and removal and relocation of protected trees, and
render a decision on applications within fifteen (15) calendar days of receipt of such
application and prior to issuance of a permit by the director, as called for in this article.
Supp. No. 33 1360.1
Chapter 24
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS*
Art. I.
Art. II.
Art. III.
In General, §§ 24-1-24-15
Language and Definitions, §§ 24-16-24-30
Zoning Regulations, §§ 24-31-24-185
Div. 1. Generally, §§ 24-31-24-45
Div. 2. Administration, §§ 24-46-24-60
Div. 3. Application Procedures, §§ 24-61-24-80
Div. 4. General Provisions and Exceptions, §§ 24-81-24-100
Div. 5. Establishment of Districts, §§ 24-101-24-125
Div. 6. Planned Unit Development (PUD), §§ 24-126-24-150
Div. 7. Supplementary Regulations, §§ 24-151-24-175
Div. 8. Landscaping, §§ 24-176-24-185
*Editor's note -Ord. No. 90-03-184, § 2, adopted December 8, 2003, amended ch. 24, arts.
I-IV, §§ 24-1-24-260, in its entirety. Formerly, ch. 24 pertained to similar subject matter, and
derived from Ord. No. 90-01-72, §§ 2 and 3, adopted November 26, 2001 (see below), Ord. No.
05-02-37, § 1, adopted July 8, 2002, Ord. No. 5-02-38, § 1, adopted September 23, 2002, Ord.
No. 90-02-177, § 1, adopted September 23, 2002, Ord. No. 90-03-178, § 1, adopted January 27,
2003, and Ord. No. 90-03-182, § 1, adopted May 12, 2003.
Ord. No. 90-01-72, §§ 2 and 3, adopted November 26, 2001, repealed and replaced former Ch.
24, arts. I-IV, §§ 24-1-24-258. Former Ch. 24 pertained to zoning and subdivision regula-
tions and derived from the following ordinances:
Ord. No. 95-79-18, 10-8-79, § 2; Ord. No. 90-82-74, 7-26-82, §§ 2(I, B) -2(I, D), 2(I, G), 2(II,
A), 2(II, B), 2(III, A), 2(111, B, 2)-2(III, B, 4), 2(III, C, 1)-2(III, C, 3), 2(III, V, 1), 2(III, E,
1)-2(III, E, 5), 2(III, F, 1), 2(III, F, 2), 2(III, G, 1), 2(III, H, 1)-2(III, H, 18), 2(IV, A, 1)-2(IV,
A, 3), 2(IV, B, 1)-2(IV, B, 6), 2(IV, C, 1), 2(IV, C, 2), 2(1V, D, 1)-2(IV, D, 5), 2(IV, E, 1)-2(IV,
E, 8); Ord. No. 90-82-72, 1-10-83, § 1; Ord. No. 96-82-76, 1-10-83, § 1; Ord. No. 90-83-80,
6-27-83, §§ I-V; Ord. No. 90-83-81, 7-11-83, § 1; Ord. No. 90-83-82, 12-12-83, § 1; Ord. No.
90-85-91, 7-8-85, § 1; Ord. No. 90-85-92, 7-8-85, § 1; Ord. No. 90-85-95, 10-14-85, §§ 1, 2; Ord.
No. 90-85-96, 10-14-85, § 1; Ord. No. 90-85-97, 1-13-86, §§ 1, 2; Ord. No. 90-85-98, 1-13-86, § 1;
Ord. No. 90-86-100, 2-24-86, §§ 1, 2; Ord. No. 90-86-104, 6-23-86, § 1; Ord. No. 90-86-102,
7-14-86, §§ 1, 2; Ord. No. 90-86-105, 7-14-86, §§ 1-3; Ord. No. 90-86-108, 9-8-86, § 1; Ord. No.
90-86-103, 11-10-86, § 1; Ord. No. 90-86-113, 1-12-87, §§ 1, 2; Ord. No. 90-87-117, 3-9-87, § 1;
Ord. No. 90-87-119, 4-27-87, § 1; Ord. No. 90-87-124,10-12-87, § 1; Ord. No. 90-87-127, 1-11-88,
§ 1; Ord. No. 90-88-128, 1-25-88, § 1; Ord. No. 90-88-132, 7-25-88, § 1; Ord. No. 90-88-134,
8-8-88, § 1; Ord. No. 90-88-136, 10-24-88, § 1; Ord. No. 90-88-138, 3-27-89, § 1; Ord. No.
90-89-141, 4-24-89, § 1; Ord. No. 95-89-146, 8-28-89, § 1; Ord. No. 90-90-151, 6-25-90, § 1; Ord.
No. 90-90-153, 8-28-90, § 1; Ord. No. 90-90-155, 7-22-91, § 1; Ord. No. 90-92-157, 5-26-92, § 1;
Ord. No. 95-95-65, 12-11-95, § 1; Ord. No. 45-97-12, 2-24-97, § 1; Ord. No. 90-99-168, 6-28-99,
§ 1; Ord. No. 90-01-170, 2-26-01, § 1.
Cross references -Any ordinance amending the zoning map saved from repeal, § 1-5(9);
buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and
recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising struc-
tures, Ch. 17; streets, sidewalks and other public places, Ch. 19.
State law reference -Local Government Comprehensive Planning Act, F.S. § 163.3161 et
seq.
Supp. No. 33 1403
§ 24-1 ATLANTIC BEACH CODE
Art. 117. Subdivision Regulations, §§ 24-186-24-260
Div. 1. Generally, §§ 24-186-24-200
Div. 2. Application Procedure, §§ 24-201-24-220
Div. 3. Required Improvements, §§ 24-221-24-230
Div. 4. Assurance for Completion and Maintenance of Improvements, §§ 24-231-
24-250
Div. 5. Design and Construction Standards, §§ 24-251-24-260
Art. V. Environmental and Natural Resource Regulations, §§ 24-261-24-268
Div. 1. Wellhead Protection, §§ 24-261-24-268
ARTICLE I. IN GENERAL
Sec. 24-1. Adoption and authority.
This chapter, together with all future amendments hereto, is adopted under the terms
granted by the Charter. The city commission does hereby exercise the power to classify land
within the jurisdiction of the city into zoning districts; to review, approve or deny requests to
change zoning district classifications; requests for uses -by -exception; requests for variances
and waivers to certain provisions of these regulations; to hear appeals on any decisions; to
review and approve or deny plats for the subdivision of land and to make comprehensive plan
amendments.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-2. Purpose and intent.
The purpose of this chapter, the zoning districts and regulations set forth herein is to
provide for orderly growth; to encourage the most appropriate use of land; to protect the
natural environment; to protect and conserve the value of plopeiLy; Lo pl'evenL Llle overcrowd-
ing of land; to promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, morals and general welfare of the public; and to help accomplish the
goals and objectives of the comprehensive plan. Further,
(1) In interpreting and applying the provisions of this chapter, these provisions shall be
held to be the minimum requirements for the promotion of the health, safety, morals
and general welfare of the community.
(2) It is not intended by this chapter to interfere with or abrogate or annual any
easements, covenants or other private agreements between parties. Where any
provision of this chapter imposes restrictions that are different from those imposed by
any other provision of this chapter, or any other ordinance, rule or regulation, or other
provision of law, whichever provisions are the more restrictive or impose higher
standards shall control.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 33 1404
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-111
(3) Banks and financial institutions with drive-through facilities.
(4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions.
(5) Contractor, not requiring outside storage of materials.
(6) Printing shops.
(7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts.
(d) Minimum lot size. The minimum size for lots within the CL zoning districts shall be as
follows.
(1) Lot or site area: Five thousand (5,000) square feet.
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements for the CL zoning
district shall be as follows.
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet.
(f) Building restrictions. The building restrictions for the CL zoning district shall be as
follows.
(1) Maximum impervious surface: Seventy (70) percent.
(2) Maximum building height: Thirty-five (35) feet.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-111. Commercial general districts (CG).
(a) Intent. Within the City of Atlantic Beach, the CG zoning district is intended for uses
which provide general retail sales and services for the City of Atlantic Beach and the closely
surrounding neighborhoods. New development and new uses within these districts should
have direct access to arterial or collector streets, and sites should be designed so that increased
traffic through adjacent residential neighborhoods is avoided.
(b) Permitted uses. Typical uses permitted within the CG zoning districts shall include
neighborhood serving uses, which shall mean low intensity commercial uses intended to serve
the daily needs of residents of the surrounding neighborhoods. Such uses shall not include
manufacturing, warehousing, storage or high intensity commercial activities, or commercial
uses of a regional nature, or such uses that have the potential for negative impacts to
surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely
late hours of operation or other factors that may adversely effect existing commercial uses or
any nearby residential uses.
Supp. No. 33 1465
§ 24-111 ATLANTIC BEACH CODE
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor
firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement
centers, bingo, billiard or pool halls, game arcades, gaming, video poker establishments or
individual machines, including any type of token or coin-operated video or simulated games or
similar activities or machines which are played for any type of compensation or reward.
The uses permitted in the CG zoning districts shall include the following subject to the
limitations as set forth within following paragraph (d). Unless otherwise and specifically
provided for herein, all business activities, products for sale and services must be located
within an enclosed building properly licensed for such use.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and
stationery, luggage, jewelry, art, florist including silks, cameras, photographic sup-
plies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian),
bakery (but not wholesale bakery), home furnishings and appliances, office equipment
and furniture, hardware, lumber and building materials, auto, boat and marine
related parts, and similar retail Uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with
indoor or outdoor seating areas but without drive-through facilities, health clubs and
gyms, laundry or dry cleaner, funeral home, job printing, radio and television and
electronics repair, lawn care service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar service
Uses.
(3) Banks with or without drive-through facilities, loan companies, mortgage brokers,
stockbrokers, and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock
may be located outside of the adjacent building licensed for such business, provided no
obstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off -premises consumption.
(8) On -premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food service use where unpackaged ready -to -consume food is
prepared on-site and served to the customer while seated at tables or counters located
in a seating area within or immediately adjacent to the building.
(9) Automobile service station with minor automotive repair and with accessory car wash.
(10) Theaters, but not a multi -screen (exceeding two (2) screens) or regional Cineplex.
(11) Institutional and government uses, buildings and facilities.
(12) Churches in accordance with section 24-153.
Supp. No. 33 1466
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-111
(13) A single dwelling unit, where such dwelling is an accessory use to the principal use and
located within the same building as the principal use. Such dwelling unit is intended
to be occupied by the owner or an employee of the principal use.
(14) Those uses listed as permitted uses and uses -by -exception in the commercial limited
and commercial, professional and office zoning districts.
(15) Residential use, consistent with the comprehensive plan, which permits residential
uses not exceeding the medium density category when in conjunction with, or adjacent
to commercial development and redevelopment, provided that such residential devel-
opment shall not be permitted within the coastal high hazard area. (PolicyA.1.11.1(b).)
Single-family residential uses within the CG Zoning Districts existing as of the initial
effective date of these land development regulations shall be considered as vested
development.
(c) Uses -by -exception. Within the CG zoning districts, the following uses may be approved
as a use -by -exception where such proposed uses are found to be consistent with the uses
permitted in the CG zoning districts with respect to intensity of use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses.
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On -premises consumption of alcoholic beverages in accordance with chapter 3 of this
Municipal Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely
to drive-through business. (This shall not be construed to prohibit restaurants with
carry -out service, which are a Permitted Use.)
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construc-
tion, heavy assembly involving hoists or lifts, or equipment that makes excessive noise
or fumes shall be permitted. Not more than one contractor -related vehicle shall be
parked outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
defined within section 24-17.
(9) Cabinet shops, woodworking shops and surfboard production.
(10) Hospital, nursing home, assisted care and similar institutional facilities.
(11) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
Supp. No. 33 1467
§ 24-111 ATLANTIC BEACH CODE
(12) Businesses offering live entertainment, not including adult entertainment establish-
ments as defined by Chapter 847.001 (2), Florida Statutes.
(d) Limitations on certain uses. Permitted uses within the CG zoning districts shall not
include large-scale retail establishments, which for the purposes of this chapter shall be
defined by their size and as follows.
Large-scale retail establishments shall include those businesses, whether in a stand-alone
building or in a multi -tenant building, which occupy a floor area exceeding 60,000 square
feet including any interior courtyards, all areas under roof and also any other display, sales
or storage areas partially or fully enclosed by any means including walls, tarps, gates or
fencing. Large-scale retail establishments are commonly referred to as "big -box" retailers,
discount department stores, super -centers, warehouse clubs or by similar terms. Such
establishments may offer a similar type of products such as electronics or appliances or
office products, but more typically offer a wide variety of general merchandise and
departments, which may include home improvement, housewares and home furnishings,
sporting goods, apparel, pharmacy, health and beauty products, automotive parts and
services and may also include grocery items. This definition shall not be construed to limit
the overall size of shopping centers as these are defined within section 24-17, but shall apply
to any building where businesses with separate local business tax receipts may share the
same interior space of a building which is not separated into individual units by structural
fire -rated walls or that do not contain separate and distinct exterior entrances.
Intent. The intent of this limitation is to ensure that the city's limited commercial areas are
developed or redeveloped with uses that are compatible with the residential character of the
city and further, to implement related goals, objectives, and policies of the 2015 compre-
hensive plan, restated in part as follows:
(1) Commercial and light industrial development shall be located and designed so as to
minimize adverse effects on residential areas, traffic facilities and the aesthetic
character of the city. (Policy A.1.5.7)
(2) The city shall provide for land use, development and redevelopment in an efficient
manner, which supports the land use designations as set forth within the 2015 future
land use map; which enforces the residential densities and the limitations upon the
type and intensity of uses, and which results in development appropriate to the
sensitive coastal location of the city, particularly with respect to the predominantly
residential character and small-town scale of the city. (Objective A.1.11 - Appropriate
Land Use Patterns)
(3) The city shall encourage future development and redevelopment, which retains the
exceptionally high quality of life and the predominantly residential character of the
City of Atlantic Beach. (Objective A.1.3 - Maintaining Residential Character)
(e) Minimum lot size. The minimum size for lots within the commercial general zoning
districts shall be as follows:
(1) Lot or site area: Five thousand (5,000) square feet.
Supp. No. 33 1468
ZONING, SUBDIVISIONS AND LAND DEVELOPMENT REGULATIONS § 24-112
(2) Lot width: Fifty (50) feet.
(3) Lot depth: One hundred (100) feet.
(f) Minimum yard requirements. The minimum yard requirements within the commercial
general zoning districts shall be as follows:
(1) Front yard: Twenty (20) feet, except that the front yard may be reduced to ten (10) feet
where required off-street parking is located at the rear or side of the building site, and
the primary business entrance is designed to face the street.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Ten (10) feet where adjacent to existing residential use or a street.
Otherwise, a combined fifteen (15) total feet with a five (5) feet minimum on either
side.
(g) Building restrictions. The building restrictions in the commercial general zoning
districts shall be as follows:
(1) Maximum impervious surface: Seventy (70) percent. Where existing impervious
surface area exceeds seventy (70) percent on previously developed sites, new develop-
ment shall not exceed the pre -construction impervious surface area, and required
landscaping shall be provided in accordance with division 8 of this chapter. Stormwater
management requirements shall apply to infill development and to redevelopment
projects involving exterior site changes.
(2) Maximum building height: Thirty-five (35) feet.
(3) Parking. Off-street parking shall be provided in accordance with section 24-161 of this
chapter. Where existing uses, which do not provide the required number of off-street
parking spaces as set forth within subsection 24-161(g) are replaced with similar uses
(such as a restaurant replacing a restaurant), with no expansion in size or increase in
number of seats, additional parking shall not be required. Any increase in floor area or
expansion in building size, including the addition of seats shall require provision of
additional parking for such increase or expansion.
(Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-06-197, § 1, 12-11-06)
Sec. 24-112. Industrial, light and warehousing districts (ILW).
(a) Intent. The light industrial and warehousing zoning districts are intended for light
manufacturing, storage and warehousing, processing or fabrication of non -objectionable
products, not involving the use of materials, processes or machinery likely to cause undesirable
effects upon nearby or adjacent residential or commercial activities.
(b) Permitted uses. The uses permitted within the light industrial and warehousing zoning
districts shall be as follows.
(1) Wholesaling, warehousing, mini -warehouses and personal self -storage, storage or
distribution establishments and similar uses.
Supp. No. 33 1468.1
§ 24-112 ATLANTIC BEACH CODE
(2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or
hazardous operations, within completely enclosed buildings.
(3) Contractor's yards with outdoor storage. Required front yards shall not be used for
storage, and a six (6) foot visual barrier shall be installed around such storage areas
so as to conceal view from adjacent properties and streets.
(4) Heating and air conditioning, plumbing and electrical contractor's, wholesale bakeries
and similar uses.
(5) Vocational, technical or trade schools (except truck or tractor driving schools) and
similar uses.
(6) Government buildings, uses and facilities.
(7) Minor automotive repair, and boat, trailer or surfboard repair of a minor nature.
(c) Uses -by -exception. Within the light industrial and warehousing zoning districts, the
following uses may be approved as a use -by -exception.
(1) Bulk storage of flammable liquids or gases subject to provisions of county and state fire
codes.
(2) Radio, TV and telecommunications transmitting tower.
(3) Concrete batching plants.
(4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors,
boats, automobile parts and accessories (except salvage yards), machinery and
equipment, farm equipment, lumber and building supplies, mobile homes, monuments
and similar sales establishments.
(5) .i si,abiisiuneni,s for heavy aui,oniotive repair or the permanent storage of automobiles,
motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment
and similar uses, including dry docks and rack storage of boats.
(6) Welding shops, metal fabrication and sheet metal works.
(7) Manufacture and production of boats and surfboards.
(8) Processing (excluding animal processing and slaughter houses).
Supp. No. 33 1468.2
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171
exterior insulation and finish systems (EIFS), architectural or split -face type block, or
other finish materials with similar appearance and texture. Metal clad, corrugated
metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall
not be permitted as exterior finish materials on the front and any street side of a
building.
(4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors,
windows and architectural detail, shall not be permitted.
(d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that
externally illuminated monument signs are encouraged. To encourage the use of such signs,
those signs constructed of a solid material such as wood, masonry or high-density urethane,
and externally -illuminated in a manner that washes the sign in indirect light from a
fluorescent ground source shall be entitled to a reduction in sign permit fees as set forth within
chapter 17-6.
(e) Lighting. Exterior lighting shall be the minimum necessary to provide security and
safety. Direct lighting sources shall be shielded or recessed so that excessive light does not
illuminate adjacent properties. Light poles with luminaire that automatically cut-off after
normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed
fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet
in height. Proposed lighting shall be shown on all plans submitted for review.
(f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing
shall be prohibited in any required front yard and in any required yard adjoining a street.
Where such fencing is otherwise placed on a parcel, but remains visible from the commercial
corridor, landscaping shall be installed which substantially conceals such fencing.
Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from
the effective date of these regulations shall be extended during which all fencing shall be made
consistent with the above provisions.
(g) Landscaping and required buffers. The requirements of division 8 of this chapter shall
apply, except that the following additional requirements shall also apply to new development
and to redevelopment that is subject to the requirements of division 8. Required buffers and
landscape materials shall be depicted on all plans submitted for review.
(1) A ten -foot wide buffer shall be required along the entire parcel frontage of the
commercial corridors, except for driveways. This buffer shall consist of trees as
required by division 8 and shall also contain a continuous curvilinear row of evergreen
shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of
debris and litter and shall be maintained in a healthy condition.
(2) Along the front of the principal building, a six-foot wide area shall be maintained
between the building and the parking area or any walkway. This area shall be used for
landscaping.
Supp. No. 33 1497
§ 24-171 ATLANTIC BEACH CODE
(3) Sod or ground cover shall be installed and maintained in a healthy condition. Only
organic mulch shall be used, and the excessive use of mulch is discouraged.
(4) Because of the harsh environment of the commercial corridors, the use of landscape
materials that are drought and heat resistant is strongly encouraged. Unhealthy or
dead landscape materials, including sod and ground covers shall be replaced within
thirty (30) days of written notification from the city to the property owner.
(5) Stormwater retention or detention facilities may be placed within required buffers,
provided that required landscape materials are provided.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-172. Boats and watercraft.
For the purposes of this section, the term watercraft shall include every type of boat or
vessel or craft intended to be used or capable of being used or operated, for any purpose, on
waters within or adjacent to the City of Atlantic Beach.
(a) Intent. The intent of this section is to protect water quality and environmentally
sensitive areas within and adjacent to the City of Atlantic Beach, and to maintain or
enhance water quality, vegetative communities, wildlife habitats and the natural
functions of fisheries, wetlands and estuarine marshes.
(b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged,
from any watercraft, or from any dock, sewage, refuse, garbage, fuel or other
contaminants or any waste material into waters within the City of Atlantic Beach.
(c) Live -aboard watercraft restrictions. It shall be unlawful to live aboard any watercraft,
which is docked, stored, moored or anchored within the City of Atlantic Beach. Live
aboard shall mean the continuing use of any watercraft as a dwelling unit as defined
within this cilapLer.
(d) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for
any person to operate, dock, motor or anchor any watercraft in a manner that causes
adverse impacts to any marine or water resource, wildlife habitat or other environ-
mentally sensitive areas as defined within this chapter and as set forth within the
conservation and coastal management element of the comprehensive plan.
(e) Public docks and anchorages. Docking or anchoring within Tideviews Preserve, Dutton
Island Preserve or any other public park or facility shall be restricted to non -motorized
boats and watercraft or to those equipped only with bow -mounted electric trolling
motors.
(Ord. No. 90-04-185, § 1, 6-28-04)
Sec. 24-173. Residential development standards.
(a) Purpose and intent. The purpose and intent of these new regulations is to implement the
goals, objectives and polices as set forth within the adopted 2015 comprehensive plan, restated
in part below.
Goal A.1. The city shall manage growth and redevelopment in a manner which results in a
pattern of land uses that: 1) encourages, creates and maintains a healthy and
Supp. No. 33 1498
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-173
aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves
and enhances coastal, environmental, natural, historic and cultural resources, and 4)
maintains the city's distinct residential community character.
Objective A.1.3. Maintaining residential character. The city shall encourage future devel-
opment and redevelopment, which: 1) retains the exceptionally high quality of life and
the predominantly residential character of the City of Atlantic Beach, and 2) provides
for the preservation and protection of the dense tree canopy.
Policy A.1.4.3. By December 31, 2005, the city shall consider amendments to its land
development regulations, which include provisions intended to retain the unique
community identity, the architectural character, and the residential scale of that area
of the city known as Old Atlantic Beach.
Policy A.1.4.4. Within Old Atlantic Beach, the city shall consider options to discourage the
redevelopment of residential lots in ways that are inconsistent and incompatible with
the historic and existing built environment.
The diversity of residential types is recognized as an asset to this community's unique
character. The purpose of these regulations is also to regulate the future use and development
of land in a manner that minimizes incompatible relationships within neighborhoods that may
result from new development, which because of excessive height, mass or bulk may result in
new development that excessively dominates established development patterns within neigh-
borhoods or excessively restricts light, air, breezes or privacy on adjacent properties.
The further intent of these regulations is to appropriately limit height and bulk and mass
of residential structures in accordance with the expressed intent of the citizens of Atlantic
Beach, and also to support and implement the Recitals of Ordinance 90-06-195 and as more
specifically enumerated below.
(1) To ensure that buildings are compatible in mass and scale with those of buildings seen
traditionally within the residential neighborhoods of Atlantic Beach.
(2) To maintain the traditional scale of buildings as seen along the street.
(3) To minimize negative visual impacts of larger new or remodeled buildings upon
adjacent properties.
(4) To promote access to light and air from adjacent properties.
(5) To preserve and enhance the existing mature tree canopy, particularly within front
yards.
(b) Applicability. The development standards and provisions set forth within this section
shall apply to development of single-family and two-family dwellings within that area of the
city depicted by Attachment A [on file in office of the city] and generally referred to as Old
Atlantic Beach, which for the purposes of this section shall be bounded by:
Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south;
Seminole Road, extending north to llth Street on the west;
Supp. No. 33 1498.1
§ 24-173 ATLANTIC BEACH CODE
llth Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14,
16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of 11th Street
and west of East Coast Drive; and
East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street,
and 16th street extending east to the beach, with the beach being the eastern boundary of
this area.
Development, as used within this section, shall also include total redevelopment of lots and
certain renovations and additions to single-family and two-family dwellings as set forth
herein.
(c) Additional residential development standards. The following standards and require-
ments shall apply to that area defined in preceding paragraph (b), and as further and more
specifically described for each particular standard or requirement.
(1) Floor area ratio (FAR). Floor area ratio limits are established to prevent incompatible
mass and scale where new development might otherwise excessively dominate the
existing streetscape and existing adjacent residences. FAR shall be defined as the ratio
of total counted above -grade floor areas of certain buildings on a lot or parcel compared
to the total lot area.
FAR = Total counted Floor Area _ Total Lot Area
The following FAR provisions shall apply to new single-family and two-family
dwellings and additions, which expand interior floor area by more than twenty-five
(25) percent.
i. A maximum floor area ratio limit of .60 shall apply.
ii. FAR calculations shall be included on all single-family dwelling and two-family
dwelling construction plans submitted to the city for review and permitting.
iii. The following elements of a single-family or two-family dwelling shall be counted
in the FAR calculation.
Interior heated and cooled areas.
Porches, balconies, patios and breezeways with a solid cover or roof when
enclosed by solid walls on more than two (2) sides.
That portion of an attached garage exceeding five hundred (500) square feet of
floor area.
iv. The following elements of a single-family or two-family dwelling shall be excluded
from the FAR calculation.
Porches, balconies, patios, breezeways, and decks (as well as overhangs, eaves,
cantilevers, awnings and similar features) with a solid cover or roof, but not
enclosed by solid walls on more than two (2) sides. Such porches, balconies,
patios, breezeways, and decks shall remain open on at least two (2) sides and
shall not later be enclosed in any manner.
Supp. No. 33 1498.2
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-173
Detached private garages that are incidental to the principal use on a lot.
Detached private garages shall remain subject to established size, height and
placement regulations.
Carports that are open on two (2) or more sides.
(2) Side wall planes. To avoid stark, exterior side walls from facing the sides of adjacent
residences, particularly on two-story and three-story residences, the following stan-
dards shall apply to new two-story and three-story single-family and two-family
dwellings; to renovations involving structural alterations or additions to the sides of
existing single-family and two-family dwellings, and where a second or third story is
added to an existing single-family and two-family dwelling.
i. Second and third story exterior side walls, which exceed thirty-five (35) feet in
length, shall provide horizontal offsets of at least four (4) feet, or architectural
details, design elements or other features, which serve to break up the appear-
ance of the side wall, such that adjacent properties are not faced on the side by
blank two-story or three-story walls void of any architectural design other than
siding material or windows.
ii. Such design features may also include balconies, bay windows and other types of
projecting windows or architectural details provided that these shall not extend
more than twenty-four (24) inches into the required side yard, and that a
minimum separation of ten (10) feet is maintained between such extensions into
the required side yard and any other existing adjacent residential buildings.
(3) Height to wall plate. For single-family and two-family dwellings, the maximum height
to the top horizontal framing member of a wall from the first floor finished floor
elevation shall not exceed twenty-two (22) feet.
(4) Third floor footprint. In order to reduce the mass of taller single-family and two-family
dwellings, the interior footprint of any third floor area shall not exceed fifty (50)
percent of the size of the second floor interior footprint.
(5) Shade trees. In order to sustain the city's existing tree canopy and to provide shade
along the city's residential streets and sidewalks, one (1) shade tree shall be provided
within the required front yard and an additional shade tree shall be required on the lot
in a location at the property owner's discretion in accordance with the following
provisions:
i. This requirement shall apply to the construction of new single-family and
two-family dwellings and to structural alterations of any single-family and
two-family dwelling. Such required trees shall be installed prior to issuance of a
certificate of occupancy or prior to final inspections, as applicable. (The require-
ments of chapter 23 of this Code shall also apply.)
ii. Required shade trees shall have a minimum size of four -inch caliper at the time
of installation. A list of recommended tree species is available from the city.
Supp. No. 33 1498.3
§ 24-173 ATLANTIC BEACH CODE
iii. Credit shall be provided for the following, and additional front yard shade trees
shall not be required in such cases.
a. Where healthy canopy trees exist in the required front yard, which are listed
on the recommended tree list and are at least four -inch caliper; or
b. Where oak trees exist in the required front yard, which are at least six (6)
feet tall; or
c. Where healthy street trees exist in the adjacent right-of-way, which are
listed on the city's recommended tree list and are at least four -inch caliper.
Where installation of a front yard shade tree is required, such tree shall not
be planted within rights-of-way or over underground utilities.
iv. Similarly, credit shall be given for the second required shade tree where such
tree, as described above, exists elsewhere on the lot.
(d) Special treatment of lawfully existing single-family and two-family dwellings, which
would otherwise be made nonconforming by enactment of section 24-173, establishing these
residential development standards. Any lawfully existing single-family or two-family dwelling,
which has been constructed pursuant to properly issued building permits prior to the effective
date of these residential development standards, adopted on September 11, 2006, by Ordi-
nance Number 90-06-195, shall be deemed a vested development, and any such single-family
or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel
containing the vested development, and shall not be considered as a nonconforming structure
with respect to the regulations contained within this section.
It is further the intent of this section to clarify when these residential development
standards shall apply in the case of reconstruction or redevelopment following:
(1) A natural act such as a hurricane, wind, flood or fire; or
(2) Redevelopment initiated by a property owner or authorized agent for a property owner.
The following provisions shall be limited only to those characteristics, which would
otherwise be made nonconforming from the requirements of this section, which provides
residential development standards. The provisions of section 24-85 shall otherwise apply to
nonconforming lots, uses and structures.
i. Structures damaged or destroyed by natural acts or by any means not resulting from
the actions of the property owner. Any lawfully existing single-family or two-family
dwelling, which has been constructed pursuant to properly issued building permits
prior to the effective date of these residential development standards, adopted on
September 11, 2006, by Ordinance Number 90-06-195, shall be deemed a vested
development, and any single-family or two-family dwelling shall be considered a lawful
permitted structure within the lot or parcel containing the vested development.
Furthermore, an existing single-family or two-family dwelling for that particular
structure, shall not be considered as a nonconforming structure such that it may be
fully replaceable in its existing footprint and of the same size and architectural design,
subject to all applicable building codes and other land development regulations
Supp. No. 33 1498.4
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-176
controlling development and redevelopment of such lots or parcels. Any construction
that exceeds the existing footprint shall be in compliance with all applicable provisions
of this chapter including minimum yard requirements.
ii. Structures damaged, destroyed or demolished or expanded, by any means resulting
from the actions of the property owner or authorized agent for a property owner.
Single-family or two-family dwellings, which are rebuilt or renovated, or expanded by
more than twenty-five (25) percent in floor area, shall be subject to applicable
provisions of these residential development standards for that portion of the structure
that is rebuilt, renovated or expanded.
(Ord. No. 90-06-195, § 1, 9-11-06; Ord. No. 90-06-196, § 1, 11-13-06)
Editor's note—Ord. No. 90-06-195, adopted Sept. 11, 2006, enacted new provisions to be
designated as § 24-172. Inasmuch as there already exists a § 24-172, said new provisions have
been redesignated as § 24-173.
Secs. 24-174, 24-175. Reserved.
DIVISION 8. LANDSCAPING
Sec. 24-176. Definitions.
For the purposes of this division, the following terms shall have the meanings as set forth
within this section. Where applicable and appropriate to the context, definitions as set forth
within chapter 23 of this Code, vegetation, shall be used in conjunction with these terms and
the requirements of this chapter.
Buffer shall mean the required treatment of areas between different classifications of uses
or incompatible uses. Buffers may incorporate the combinations of landscaping, open space,
fences or walls.
Ground cover means a low -growing herbaceous or woody plant other than turf, not over two
(2) feet high, intended to cover the ground.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and
distribute water to plants and includes required back flow prevention devices.
Landscaping means any combination of living plants, native or installed, including grass,
ground covers, shrubs, vines, hedges, or trees. Landscaping may also include landscape
elements such as rocks, pebbles, sand, mulch, walls, or fences, trellises, arbors, pergolas or
fountains provided no such landscape element has a solid roof.
Mulch means organic materials customarily used in landscape design to retard erosion and
retain moisture.
Perimeter landscape means a continuous area of land which is required to be installed along
the perimeter of a lot in which landscaping is used to provide a transition between uses and
reduce adverse environmental, aesthetic, and other negative impacts between uses.
Supp. No. 33 1498.5
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-257
(f) Building restriction lines. The developer shall establish building restriction lines in
accordance with approved final subdivision plat, and such building restriction lines shall be
shown on the recorded plat.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-256. Provision for required recreation.
New subdivisions containing ten (10) or more acres shall be required to provide a minimum
of one (1) acre dedicated for recreation purposes. A requirement of one (1) acre per each ten (10)
acres, or fractional portion thereof, shall be required for new subdivisions exceeding ten (10)
acres in size. A minimum of fifty (50) percent of lands required for recreation shall contain
active recreation facilities such as ball -fields or multi-purpose fields, tennis courts, skateboard
facilities, swimming pools and the like.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-257. Required monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of
curves in streets, and at intermediate points as shall be required by the designated
administrative official.
(b) Permanent reference markers. A sufficient number of permanent reference monuments
shall be set in each residential subdivision, and in no case less than two (2) such monuments
and in no case more than two thousand (2,000) feet apart, either within the tract or on the
exterior boundaries thereof, or both, properly referenced, for both construction and future city
use. The permanent reference monuments shall meet all the specifications set out in Florida
Statutes, Chapter 177.091, and as may be required by the designated administrative official.
(c) Location and construction. The location of all permanent reference monuments shall be
indicated on the final subdivision plat. All iron pipes and pins and permanent reference
monuments shall be of such size, material and length as may be specified by the designated
administrative official.
(d) Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent
reference monuments.
(e) Time of placement. Permanent reference monuments (PRM) and permanent control
points (PCP) shall be set in accordance with Florida Statutes, Chapter 177.091, except all
monuments including lot corners shall be placed before the developer is released from any
required surety. If no surety bond or personal bond secured by a letter of credit is posted,
monuments including lot corners must be placed prior to acceptance for ownership and
maintenance. Any and all land monuments including lot corners disturbed or destroyed in the
prosecution of construction shall be accurately witnessed and replaced at the developer's
expense upon the completion of construction. The designated administrative official may
accept a certification from the developer's surveyor that the requirements of this division have
been satisfied.
(Ord. No. 90-03-184, § 2, 12-8-03)
Supp. No. 33 1525
§ 24-258 ATLANTIC BEACH CODE
Sec. 24-258. Clearing and grading of rights-of-way.
The developer shall be required to clear all rights-of-way and to make all grades, including
all grades for streets, alleys and drainage, consistent to grades of the approved construction
plans. All debris shall be removed from rights-of-way. In the interest of the preservation of
existing protected trees, or environmentally sensitive areas, or other natural features, the city
may vary from this section where aesthetic and environmental conditions shall be enhanced.
No rights-of-way shall be cleared prior to approval of construction plans, and issuance of a site
clearing and tree removal or relocation permit as required by chapter 23 of the Code of
Ordinances.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-259. Centralized sewer and .eater services.
(a) New subdivisions shall be required to provide centralized water and sanitary sewer
systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements
of Chapter 64E-6, Florida Administrative Code. New septic tanks shall further be subject to
the provisions of following section 24-260.
(Ord. No. 90-03-184, § 2, 12-8-03)
Sec. 24-260. Installation of septic tanks, private wastewater, and on-site sewage
treatment and disposal systems.
(a) New lots or parcels, which are created pursuant to the exemptions from the requirement
and ai_ of final , di , within Gr approval recording a inial subdivision. jJidi. Ut ie�ldG as set forth Wil,iiiT1 SeCt1Un
24-189, shall contain a minimum lot area of one (1) acre, exclusive of wetlands, in order to use
private wastewater systems and septic tanks, or any type of on-site sewage treatment and
disposal systems, except that any lot within one hundred (100) feet of any central sewer line
shall be required to connect to central services as required by chapter 22, article III of this
Code without respect to size of the lot or parcel.
(Ord. No. 90-03-184, § 2, 12-8-03)
ARTICLE V. ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS
DIVISION 1. WELLHEAD PROTECTION
Sec. 24-261. Purpose and intent.
(a) The intent of these regulations to protect and safeguard the health, safety and welfare
of the residents of the City of Atlantic Beach by establishing wellhead protection measures
that safeguard the Floridan Aquifer from intrusion of any contaminants that may jeopardize
Supp. No. 33 1526
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-262
present and future public water supply wells in the City of Atlantic Beach. It is also the intent
of the City of Atlantic Beach to augment policies adopted in the comprehensive plan that
address the protection of public potable water wells.
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-262. Definitions.
Faulty well means any well completed into the Floridan Aquifer or Hawthorne Group which
does not meet the requirements as specified in section 24-266.
Hawthorne Group well means any well that penetrates a portion of the Hawthorne
Formation, with a screened or open hole segment terminating within the Hawthorne
Formation.
Potable water means water which is intended for drinking, culinary or domestic purposes
subject to compliance with state and federal drinking water standards.
Private well means a shallow aquifer, Hawthorne, or Floridan well that is not a public
potable water well.
Public potable water well means any water well completed into the Floridan Aquifer, which
supplies potable water to a community water system or to a nontransient, noncommunity
water system, as those terms are defined in Rule 62-521.200, Florida Administrative Code.
Public water supply utility or utility means the owner of a public potable water well or
wellfield.
Risk of contamination means the existence of a faulty Floridan or Hawthorne well located
within a wellhead protection area, a source of contamination, and/or a gradient in the shallow
aquifer towards the faulty Floridan or Hawthorne well, creating a threat to a public potable
water well due to cross contamination between aquifers or source waters.
Wellfield means more than one (1) public potable water well owned by a public water supply
utility in close proximity to each other.
Wellhead protection area means an area consisting of a 500 -foot radial setback distance
around a public potable water well or wellfield where the most stringent measures are
provided to protect the ground water sources for a potable water well and includes the surface
and subsurface area surrounding the well.
Wellhead protection area map means a map showing the location of the boundary of each of
the wellhead protection areas.
(Ord. No. 90-07-198, § 1, 1-8-07)
Supp. No. 33 1527
§ 24-263 ATLANTIC BEACH CODE
Sec. 24-263. Establishing and mapping wellhead protection areas.
(a) There is hereby established a wellhead protection area around each public potable water
well and/or wellfield. Wellhead protection areas shall be mapped for the edification of the
public and to assist the city in safeguarding the ground water resource. Any new public potable
water wells shall have the wellhead protection areas added to the map within thirty (30) days
of completion of construction.
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-264. Investigations and monitoring.
(a) A map shall be developed and kept up-to-date, using the city's GIS system, to show the
location of any known private wells within the wellhead protection area that are drilled into
the Hawthorne or Floridan Aquifer. The mapping shall include a review of available federal,
state and local environmental databases, including, but not limited to, databases pertaining to
Brownfields Redevelopment Programs, Florida Department of Environmental Protection SIS
Contaminated Sites List, lists of commercial hazardous waste transporters' facilities, hazard-
ous waste notifications, solid waste facilities, storage tank and petroleum contamination/
cleanup records, U.S. Environmental Protection Agency Comprehensive Environmental Re-
sponse, Compensation and Liability Act and Resource Conservation and Recovery Act
remedial action sites. Any sites deemed to be potential contamination risks by the city may be
investigated by city staff or their consultants. In conducting the investigation, the city shall,
at a minimum, consider the condition of such sites; the status of the site within any applicable
U.S. Environmental Protection Agency and/or Florida Department of Environmental Protec-
tion regulatory program; and, any existing or planned remediation activities and site
management plans.
(b) Using the city's and St. Johns River Water Management District's (SJRWMD) water
well database, the city shall map private well locations within the wellhead protection areas
and shall assess the depth, use, and condition of each identified private well from available
records. The city shall identify wells known or likely to penetrate the Hawthorne Group and/or
Floridan Aquifer within each wellhead protection area. Thereafter, the City shall have
authority to conduct an investigation of each well into the Hawthorne Group and Floridan
Aquifer to determine the condition of the well and its potential as a contaminant pathway into
the Floridan Aquifer. The investigation may include a request for records of the well
construction, regulatory reports, maintenance logs or other documents and data records
available from the owner or from regulatory agencies.
(c) The city shall have the right to assess to the best of its ability whether any wells are
located within, or downgradient in the shallow aquifer gradient from a contaminated site
within a wellhead protection area. The city shall determine the condition of the well to prevent
the migration of contaminants from non -Floridan aquifers to the Floridan Aquifer based on the
applicable regulatory standards of design and installation, and proper maintenance practices
including but not limited to the following:
(1) Proper grout seal outside of the casing;
Supp. No. 33 1528
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-266
(2) Presence of an approved and certified backflow prevention device if required;
(3) Proper sanitary seal on wellhead;
(4) Concrete pad around wellhead;
(5) Surface water drainage;
(6) Well casing integrity; and
(7) Properly maintained pumping and distribution systems.
(d) It shall be the responsibility of the city to determine that a public potable water well is
at risk of contamination. Once this determination has been made, the city may identify the
specific contaminants of concern, and report to the St. Johns River Water Management District
(SJRWMD) and Florida Department of Environmental Protection (FDP).
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-265. Prohibitions in wellhead protection areas.
(a) Within a 500 -foot radius around an existing public potable water well, those actions and
uses established by the Florida Department of Environmental Protection in Rule 62-521.400,
Fla. Admin. Code, which is adopted by reference, shall be prohibited. Additionally, no existing
private wells shall be deepened and no new wells shall be constructed within designated
wellhead protection areas that penetrate a portion of the Hawthorne Group or the Floridan
Aquifer without first obtaining a well construction permit from the City of Jacksonville as
provided in Environmental Protection Board Rule 8 and including a review of areas on known
contamination at or near the proposed or existing well location. A City of Atlantic Beach well
permit from the building department must also be received prior to construction. All new wells
within such areas must be fully grouted. Abandonment of existing wells shall be in accordance
with applicable SJRWMD requirements and a copy of the plugging and abandonment report
shall be submitted to the city.
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-266. Requirements within wellhead protection areas.
The following requirements apply to all Floridan Aquifer wells, including private wells,
within the boundary of a wellhead protection area.
(a) All Floridan and Hawthorne wells may be inspected by the city or their consultants at
any time after the effective date of this article. The city shall prioritize re -inspections
for wells that, in its opinion, pose the greatest threat to the Floridan Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a
backflow prevention device in compliance with local plumbing code and department of
environmental protection rules.
[(c) Reserved.]
(d) Within one (1) year after the effective date of this article, all private Floridan wells
within a wellhead protection area shall be configured with a sanitary seal on the
Supp. No. 33 1529
§ 24-266 ATLANTIC BEACH CODE
wellhead and a concrete pad around the outside of the well casing to prevent leakage
of surface water into the well. Each well shall be finished with a concrete pad a
minimum of 5 feet x 5 feet and at least three (3) inches thick. The pad shall be finished
above ground surface to allow surface water to drain away from the wellhead. The
surrounding ground surface should be sloped away from the wellhead, if possible, to
further prevent surface water from collecting at the wellhead.
(e) Floridan Aquifer wells shall be drilled, maintained and repaired according to the
standards of Chapters 62-524 and 40C-3, Florida Administrative Code.
(f) The city shall notify the owner of any well that is not found to be in compliance with
the requirements of this section of the violation. Any private well not properly
constructed or maintained to reasonably prevent contamination from any other
aquifer to the Floridan Aquifer shall be abandoned, repaired or replaced. The cost of
abandonment, repair or replacement shall be the responsibility of the well owner
and/or the owner of the property on which the well is located. All private faulty wells
found to be out of compliance shall have ninety (90) days to either perform those
repairs necessary to bring the private well into compliance with this section or to
properly abandon the well pursuant to the appropriate standards and procedures.
Copies of inspection reports from the St. Johns River Water Management District
confirming that the well has been properly abandoned, repaired or replaced shall be
submitted to the city. If the work is not inspected by the St. Johns River Water
Management district, the city or their consultant shall inspect the well to confirm that
it has been properly abandoned, repaired or replaced at the cost of the owner, and the
abandonment, repair or replacement shall be entered into a database of well -related
information maintained by the city. Failure to properly repair or abandon a private
faulty well, pursuant to the requirements of this section, shall be referred to the code
enforcement board.
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-267. Notice of release or spill of contaminants in wellhead protection areas.
(a) The city shall send written requests to local hazardous release/spill responders to
immediately notify the public utilities department of any and all spills or releases in the water
service area. City staff shall determine if an incident has occurred within a wellhead protection
area. City staff shall notify the state warning point, Department of Environmental Protection,
or other regulatory agencies as required by law, depending on the nature and amount of the
spill.
(Ord. No. 90-07-198, § 1, 1-8-07)
Sec. 24-268. Authority and responsibilities of the city.
The city shall have the following powers and duties:
(a) Administer and enforce the provisions of these wellhead protection regulations.
Supp. No. 33 1530
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-268
(b) Render all possible assistance and technical advice to private well owners, except that
the city shall not design or construct private facilities.
(c) Perform such other administrative duties as may be necessary.
(d) The city shall have the right to inspect privately -owned facilities.
(Ord. No. 90-07-198, § 1, 1-8-07)
[The next page is 1983]
Supp. No. 33 1531
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)
90-06-195 9-11-06 1 Added 24-173
Supp. No. 33 2003
ATLANTIC BEACH CODE
Ordinance Adoption Section
Number Date Section this Code
45-06-18 9-25-06 1 Ch. 20, Art. III,
title
20-52-20-57
2 20-51
3 20-59
4-6 20-76-20-78
80-06-73 9-25-06 1 22-27, 22-166,
22-167
90-06-196 11-13-06 1 24-173(c)
90-06-197 12-11-06 1 24-111
90-07-198 1- 8-07 1 Added 24-261-24-268
95-07-92 2-12-07 1(a) 23-15(5), (7)
(b) 23-16
(c) 23-17(b)(2)c.,
(d)(1), (2),
(e)(2), (g)(3)c.
2 Added 23-17(g)(3)d.
95-07-93 2-26-07 1(5-32) Added 5-34
Supp. No. 33 2004
[The next page is 2043]
CHARTER INDEX
Section
FIRE DEPARTMENT
Responsibilities of department of public safety re 33
FLORIDA. See: STATE OF FLORIDA
FRANCHISES
Granting of franchises 57
G
GENERAL ELECTIONS. See: ELECTIONS
GOLF COURSES
Powers of commission re 9(8), (9)
GOVERNMENT
Election regulations generally 36 et seq.
See: ELECTIONS
Form of government 3
General powers 4
Initiative and referendum regulations generally 44 et seq.
See: INITIATIVE AND REFERENDUM (Proposed ordi-
nances, etc.)
Present charter of city abolished and new charter estab-
lished 1
Incorporation of city
Reaffirmation of 2
H
HOSPITALS
Powers of commission re 9(8), (9)
IMPROVEMENTS
Continuance of public improvements 75
INITIATIVE AND REFERENDUM (Proposed ordinances, etc.)
Amendment of petitions 48
Availability of list of qualified electors 53
Certification of petitions 47
Committee of petitioners 46
Consideration by city commission 50
Effect of certification of referendum petition 49
Examination of petitions 47
Filing of petitions 47
Form of ballot for initiated and referred ordinances 52
Form of petitions 46
Power of initiative 44
Power of referendum 45
Repealing ordinances 55
Results of election 54
Submission to electors 51
Supp. No. 33 2085
ATLANTIC BEACH CODE
Section
INVESTIGATIONS
Generally 64
L
LAND DEVELOPMENT
Zoning generally
LEGAL ACTIONS AND PROCEEDINGS. See: ACTIONS OR
PROCEEDINGS (Civil or criminal)
LOTS
Powers of commission re
Zoning generally
MANAGER. See: CITY MANAGER
MAPS. See: SURVEYS, MAPS ANI) PLATS
MUNICIPAL BORROWING. See: FINANCES
MUNICIPALITY. See: CITY OF ATLANTIC BEACH
N
NONPARTISAN ET,ECTIONS. See: ELECTIONS
0
59
9(5)
59
OATH, AFFIRMATION, SWEAR OR SWORN
Oath of office 68
OFFICERS L ML' TT?TLOYEES
City attorney 31, 32
City clerk 28 et seq.
See CITY CLERK
City commission 3 et seq.
See: CITY COMMISSION
City manager 3 et seq.
See: CITY MANAGER
Continuance of present officers 71
Director of finance 35
Election regulations generally 36 et seq.
See: ELECTIONS
Personal interest 66
Powers of commission re 9(11)
Removal of officers and employees 62
Rights of officers and employees preserved 70
OFFICIAL BONDS. See: BONDS
OFFICIAL MAP. See: SURVEYS, MAPS AND PLATS
Supp. No. 33 2086
CODE INDEX
Section
BUILDINGS AND BUILDING REGULATIONS (Cont'd.)
Water service
Temporary service for construction work 22-17
Water shortages
Permitting water to be used from fire hydrants for con-
struction work 22-39(e)(4)
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
BURIAL OF GARBAGE
Solid waste provisions 16-6
BURNING, OPEN
Fire prevention and life safety 7-36
BUSES
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
BUSINESS LICENSE
Local business license tax 20-51 et seq.
See: TAXATION
BUSINESS TRUSTS
Definition of "person" to include business trusts 1-2
C
CAMPERS. See: RECREATIONAL VEHICLES
CANALS. See: WATERCOURSES, WATERWAYS
CARNIVALS
Water service, temporary 22-17
CATS
Regulated 4-21 et seq.
See: ANIMALS AND FOWL
CEMETERIES
Definition of "public place" to include cemeteries 1-2
CERTIFICATES
Electricians, certificates of competency 6-32
Fire prevention and life safety
Permits and certificates 7-38
Plumbers, certificates of competency 6-57
CESSPOOLS
Constructing 22-73
CHARITABLE CONTRIBUTIONS
City funds use for prohibited 2-2
CHARITABLE SOLICITATIONS. See: SOLICITORS, PED-
DLERS, ETC.
Supp. No. 33 2107
ATLANTIC BEACH CODE
Section
CHARTER
Defined 1-2
CHICKENS. See also: ANIMALS AND FOWL
Keeping chickens or poultry 4-7
CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT
CHIEF OF POLICE. See: POLICE DEPARTMENT
CHILDREN. See: MINORS
CHURCHES
Alcoholic beverage establishments, location of 3-6
Loud and raucous noises 11-2
CIRCUSES
Water service, temporary 22-17
CITY ATTORNEY
Code enforcement board
City attorney shall be counsel to board, etc 2-145
CITY COMMISSION
Community development board
Certification of plans and recommendations to commission 14-21
Duties re commission 14-20
Defined 1-2
Members appointed by 14-17
Mayor -commissioner
Old -age and survivors insurance
Execution of agreements by mayor -commissioner 2-242
Meetings
1,ules of conduct and procedure at 2-19
Special meetings, calling 2-17
Time and place of regular meetings 2-16
Quorum 2-18
Resignation from office; election procedures 2-21
Salary 2-20
CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES
CITY OF ATLANTIC BEACH
Defined
CLOTHING
Beaches. See also that subject
Undressing or changing clothes
COCAINE. See: DRUGS
1-2
CODE ENFORCEMENT BOARD
Appeals 2-151
City attorney
Counsel to board, etc. 2-145
Clerical and administrative personnel 2-144
Supp. No. 33 2108
CODE INDEX
Section
CODE ENFORCEMENT BOARD (Cont'd.)
Compensation of members 2-141
Created, composition 2-141
Supp. No. 33 2108.1
CODE INDEX
DRAINAGE
Mobile home parks and recreational vehicle parks
Designed for drainage of surface water
Nuisances
Allowing or permitting stagnant water to accumulate
upon surface of ground
Discharge of water from water -source heat pumps into
storm drainage systems
Abatement of nuisances, etc. See: NUISANCES
Sewers
Building sewers and connections
Foundation drains, surface runoff, etc.
Discharging groundwater, subsurface drainage, etc., into
sanitary sewers
DRIVEWAYS
Abandoned, wrecked, junked, etc., vehicles
Left unattended in front of driveways
Building sewers and connections
Foundation drains, surface runoff, etc
Digging up driveways, streets, etc
Public sewers, use of
Discharging stormwater, etc., into storm sewers or natural
outlets
Discharging subsurface drainage, groundwater, etc., into
sanitary sewers
Stopping, standing and parking vehicles in driveways
Water shortages
Washing of driveways
DRUGS (Cocaine, marijuana, hashish, controlled substances,
etc.)
Drug paraphernalia
Definitions
Sale, display, etc., of paraphernalia
DUVAL COUNTY
Definition of "county"
E
EARTHQUAKES
Community development board
Duties of board re replanning, reconstruction, etc., of areas
damaged by earthquakes
EASEMENTS
Wastewater system, powers and authority of inspectors
Provisions re easements
Waterworks system
Granting necessary easements by consumer
Supp. No. 33 2113
Section
10-2
12-1(b)(4)
12-1(b)
22-108
22-127
21-25(a)(1)
22-108
19-2
22-128
22-127
21-17(2)
22-39(e)
13-4
13-5
1-2
14-20(12)
22-154
22-18
ATLANTIC BEACH CODE
Section
ELECTRICAL CODE
Certificates of competency 6-32
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Electrical inspections
Fees 6-37
Inspections by electrical inspector 6-36
Interference with electrical inspector 6-40
Permit prerequisite to inspection 6-38
Right of entry of electrical inspector 6-39
Electrical permits
Fees 6-37
Permit prerequisite to inspection 6-38
Required, to whom issued 6-35
Employing only certified electricians by master electricians;
exception 6-34
Improper use of name of licensed master electricians 6-33
Inspections. See herein: Electrical Inspections
Mobile home parks and recreation vehicle parks
Electric wiring to comply with electrical code 10-2(4)
Permits. See herein: Electrical Permits
ELECTRICITY
Public service tax on electricity 20-16 et seq.
See: TAXATION
EMERGENCIES
Beaches, closing during emergencies
Noise provisions; exceptions
Stopping, standing or parking of vehicles for emergency
repairs
Waterworks system
Right of city to restrict use of water in cases of emergency
Water shortages
EMPLOYEES OF CITY. See: OFFICERS AND EMPLOYEES
ENCLOSURES. See: FENCES, WALLS, HEDGES AND EN-
CLOSURES
5-1
11-5
21-21(2)
22-36
22-39
ENVIRONMENTAL AND NATURAL RESOURCE REGULA-
TIONS
Wellhead protection 24-261 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
ESTATES
Definition of "person" to include estate 1-2
EXCAVATIONS
Abandoned wells, excavations, etc.
Nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Supp. No. 33 2114
CODE INDEX
EXCAVATIONS (Cont'd.)
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite street excava-
tions
Building sewers and connections
Barricading, restoring excavations
Supp. No. 33 2114.1
Section
21-25(a)(1)
22-111
CODE INDEX
Section
LICENSES AND PERMITS
Alcoholic beverages
Persons not holding licenses to sell 3-3
Building sewers and connections, permits 22-102, 22-103
Charitable solicitations 18-2 et seq.
See: SOLICITORS, PEDDLERS, ETC.
Development permit 8-23 et seq.
See: FLOOD HAZARD AREAS
Digging up streets
Permit required of public utilities 19-2
Electrical permits 6-35 et seq.
See: ELECTRICAL CODE
Garbage and trash collection, removal, etc.
Permit for 16-6
Licensed master electricians 6-33 et seq.
Local business license tax 20-51 et seq.
See: TAXATION
Mechanical permits 6-77
Motor vehicle title loan lending license 21-64, 21-66
See: TITLE LOANS
Parades and processions, permits for 21-2
Plumbing permit 6-58 et seq.
See: PLUMBING CODE
Private wastewater disposal, permits 22-88
Residential parking sticker program; permits re 21-27
Sign permits 17-61 et seq.
See: SIGNS AND ADVERTISING STRUCTURES
Subdivision regulations 24-186
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
Tree protection re 23-17
Zoning provisions 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
LIENS
Code enforcement board, provisions re liens 2-149, 2-150
Weeds, cost for removal
Special assessment liens 23-40
LIFEGUARDS
Lifeguard division
Protecting safety and welfare of persons using beaches,
etc
Parking of sailboats on beaches not to obstruct lifeguard
activities
Other regulations. See: BEACHES
LIGHTS, LIGHTING
Alcoholic beverage establishments
Lighting requirements on premises
Supp. No. 33 2125
2-6
5-6
3-9
ATLANTIC BEACH CODE
Section
LIGHTS, LIGHTING (Cont'd.)
Mobile home parks and recreation vehicle parks
Illuminating at night 10-2(2)
LITTERING
Beaches, leaving refuse 5-4
LOCAL BUSINESS LICENSE TAX. See: TAXATION
LOCAL LAND DEVELOPMENT REGULATION COMMIS-
SION
Community development board designated as 14-22
See: PLANNING
LOCAL PLANNING AGENCY
Community development board designated as
See also: PLANNING
14-22
LOITERING
Provisions re 13-2
LOST PROPERTY
Disposition of by police 15-16
See: POLICE DEPARTMENT
LOTS
Depositing garbage, trash, etc., on vacant lots 16-7
Garbage and trash provisions
Removal of lot clearing, contractors' debris; oil and grease 16-12
Vacant lots
Dogs and cats running at large 4-24
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING. SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
LOUDSPEAKERS
Alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings 3-10
M
MAGAZINES
Obscene matter prohibited 13-6
MAIL
Definition of "registered mail" 1-2
MAPS
Community development board
Recommending proposed changes in official map of city 14-20(3)
Zoning, subdivision and land development regulations 24-1 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
MARIJUANA. See: DRUGS
Supp. No. 33 2126
CODE INDEX
Section
MAYOR -COMMISSIONER. See: CITY COMMISSION
Supp. No. 33 2126.1
CODE INDEX
NOISE (Cont'd.)
Loudspeakers, alcoholic beverage establishments
Playing of musical or noise -producing equipment outside
of buildings
Nuisances. See also that subject
Keeping animals, chickens, etc., which create noise
Others held responsible
Penalties
Usual and customary noise
NONCONFORMING STRUCTURES
Nonconforming signs and waiver to certain provisions
See: SIGNS AND ADVERTISING STRUCTURES
NUISANCES
Abandoned, wrecked, junked, or inoperative property, etc.
Declared nuisance
Abatement of conditions
Animals and fowl, nuisance provisions
See: ANIMALS AND FOWL
Code enforcement board's jurisdiction re
See: CODE ENFORCEMENT BOARD
Enumerated
Notices, hearings, abatement of conditions
Nuisance control board
Certificate of appointment or reappointment
Chairman and vice chairman, designation of
Complaints
Created
Declaration of public nuisance
Hearings
Membership
Permanent injunctions
Removal
Restrictions
Public sewers, use of
Prohibited discharges creating public nuisance
NUMBER
Defined
NUMBERING OF BUILDINGS
Provisions re
See: BUILDINGS AND BUILDING REGULATIONS
NUMBERING OF MOBILE HOME SPACES, ETC.
Requirements for mobile home parks and recreational vehi-
cle parks
0
OATH
Code enforcement board's power to take testimony under
oath
Supp. No. 33 2129
Section
3-10
17-51 et seq.
21-24(b)
12-2
4-4 et seq.
2-146
12-1
12-2
3-164
2-163
2-167
2-161
2-167
2-167
2-162
2-168
2-162
2-169
22-129(2)
1-2
6-106 et seq.
10-2(7)
2-148
ATLANTIC BEACH CODE
OATH (Cont'd.)
Defined
Section
1-2
OBSCENITY. See: INDECENCY AND OBSCENITY
OBSTRUCTIONS
Abandoned, wrecked, junked, etc., vehicles
Leaving unattended alongside or opposite obstructions,
creating obstructions, etc 21-25
Lifeguard activities on public beaches
Parking of sailboats not to obstruct 5-6
Obstructing access to public buildings, etc. 13-2
Obstructing free passage over streets, sidewalks or other
public ways 19-1
Public sewers, use of
Discharges causing obstructions to flow in sewers 22-129(4)
Stopping, standing or parking vehicles alongside or opposite
any street excavation or obstruction 21-17(7)
OCCUPATIONAL LICENSE TAX
Local business license tax 20-51 et seq.
See: TAXATION
OCEAN BEACH
Beaches, regulations for 5-1 et seq.
See: BEACHES
ODORS
Garden trash giving off offensive odors 16-7
Nuisances. See also that subject
Keeping of animals, chickens, etc., creating noxious odors 12-1(b)(5)
Public sewers, use of
Limitations on discharge concentrations or quantities
Waters or wastes containing odor -producing substances 22-130(6)
OFFENSES
Miscellaneous offenses and regulations 13-1 et seq.
Specific penalties, remedies, etc. See specific offenses as
indexed alphabetically according to subject
OFFICERS AND EMPLOYEES
Benefits of employees 2-241 et seq.
See also herein specific subjects
Board of trustees of city employee's retirement system. See
herein: Retirement System
Building official 6-108 et seq.
See: BUILDINGS AND BUILDING REGULATIONS
Chief of fire department 7-17 et seq.
See: FIRE DEPARTMENT
Supp. No. 33 2130
CODE INDEX
Section
PARKS, PLAYGROUNDS AND RECREATION (Cont'd.)
User fees for parks and recreation facilities 5-34
PARTNERSHIPS
Definition of "person" to include partnerships 1-2
Supp. No. 33 2134.1
CODE INDEX
Section
SUBPOENAS
Code enforcement board's power to subpoena witnesses,
records, etc. 2-148
SUPPLEMENTATION OF CODE
Revisions re 1-10
SURETY BOND. See: BOND, SURETY
SURFACE WATER. See: DRAINAGE
SURFBOARDS
Beaches, regulations for 5-1 et seq.
Surfboards 5-5
SURVEYS
Community development board
Special survey work of city manager 14-20(10)
Code enforcement board's power to subpoena surveys, plats,
etc. 2-148
SWIMMING
Beaches, regulations for 5-1 et seq.
See: BEACHES
SWIMMING POOLS
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Water shortages
Filling swimming pools 22-39(e)(3)
SYNDICATES
Definition of "person" to include syndicates 1-2
T
TAXATION
Additional homestead exemption
Annual adjustment to household income 20-83
Annual filing of household income statement 20-84
Authorized 20-82
Definitions 20-81
Exercise of municipal powers 20-80
Certain ordinances saved from repeal 1-5
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Homestead exemption. See herein: Additional Homestead
Exemption
Insurance premium taxes
Casualty risks 20-76
Payment date 20-78
Property insurance 20-77
Local business license tax
Businesses falling under more than one classification 20-55
Supp. No. 33 2145
ATLANTIC BEACH CODE
Section
TAXATION (Cont'd.)
Compliance by receipt holders 20-56
Definitions 20-51
Due dates and delinquencies; penalties 20-54
Exemptions 20-58
Half-year receipts 20-53
Inspections 20-52.1
Levy 20-52
Operating more than one location 20-55
Schedule of fees 20-59
Transfer 20-57
Public service tax
Duty of seller to collect tax and pay same to city 20-17
Exemption of governmental agencies and churches 20-19
Failure of seller to collect tax 20-17
Imposed, amount 20-16
Nonpayment of tax
Authority of seller to discontinue service 20-17
Payment to be made to seller 20-16
Records to be kept by seller 20-18
Inspection of records by city agents 20-18
Telephone service
Duty of seller to collect 20-33
Exemptions 20-32
Levy; when payable 20-31
Monthly payments; computation of tax 20-36
Records to be kept by seller 20-34
Inspector, transcripts 20-34
Telephone calls, limitation as to 20-35
TTtility cervices tc whic1, applicable 20-13
., �„y r, � ,.,tea ,�Np�.�u��;
When purchase deemed made within city 20-20
Telephone service. See herein: Public Service Tax
TAXICABS
Weight requirements for commercial, recreational, etc., ve-
hicles 21-22
TELEPHONE TAX
Provisions re 20-31 et seq.
See: TAXATION
TENANTS
Definition of "owner" to include tenants 1-2
TENNIS COURTS
Water shortages
Washing of tennis courts 22-39(e)
TENSE
Defined 1-2
THEATERS
Dogs in theaters to be muzzled, leashed, etc. 4-25
Supp. No. 33 2146
CODE INDEX
Section
WATERWORKS SYSTEM (Cont'd.)
Testing of meters
Liability for cost of testing, adjustment of bills 22-21
Vacant houses
No allowance to be made for unless water shut off 22-23
Water impact fees 22-28
Water service, charges for 22-27
Connections
Approval of plumbing prior to connection with water
system 22-35
When bills become delinquent 22-29
Connections
Approval of plumbing prior to connection with water
system 22-35
Connection charges; initial payment of minimum water
rental 22-16
Connection of private water systems to city systems pro-
hibited 22-32
Prohibited acts 22-33
Tapping of mains, etc., restricted to employees 22-15
Conservation of water during water shortages 22-39
Cross connection control
Cross connections; backflow devices 22-43
Definitions 22-42
Deposits
Temporary service 22-17
Utility deposits 22-27.1
Determination of type of service for each consumer 22-25
Easements
Granting necessary easements by consumer 22-18
Extensions of water mains 22-38
Fire protection
Private fire protection charge 22-30
Interruptions in service
Liability of city 22-36
Irrigation of lawns, flowers, etc.
Water shortages 22-39
Lawn watering, etc.
Water shortages 22-39
Meters
Access for purpose of reading meters 22-21
Basis for billing if meter fails to register 22-24
Re -read of meters, fee established for 22-22
Service to more than one property through same meter 22-34
Testing of meter; liability for cost of testing 22-21
Adjustment of bills 22-21
Mobile home parks and recreational vehicle parks
Requirements for city water 10-2(6)
Private water systems
Connection of to city system prohibited 22-32
Supp. No. 33 2155
ATLANTIC BEACH CODE
Section
WATERWORKS SYSTEM (Cont'd.)
Connection to public sewers; failure of system; cleaning
and filling 22-90
Written report required for failed private system 22-92
Prohibited acts 22-33
Restricting use of water
Right of city 22-36
Subdivisions
Application for water service and new subdivisions 22-37
Cost of pipes, etc., in subdivisions 22-37
Tapping
Prohibited acts 22-33
Tapping of mains, etc., restricted to city employees 21-17
Temporary service 22-17
Utility provisions generally. See: UTILITIES
Water shortages 22-39
Wells
Bacteriological tests for potable water 22-41
Permit required 22-40
WEEDS AND BRUSH
Accumulation of weeds
Action upon noncompliance 23-38
Height of growth 23-36
Notice to cut, destroy, etc. 23-37
Payment of charges, special assessment liens 23-40
Removal by city 23-39
Code enforcement board's jurisdiction re 2-146
See: CODE ENFORCEMENT BOARD
Nuisances enumerated. See also: NUISANCES
Allowing weeds to grow, etc 12-1(b)(3)
WEIGHT REQUIREMENTS
Commercial, recreational, etc., vehicles 21-22
WELLS
Abandoned wells, nuisance provisions 12-1(b)(6)
Abatement of nuisances, etc. See: NUISANCES
Waterworks system
Interfering with or molesting wells, etc. 22-33
Wellhead protection
Environmental and natural resource regulations 24-261 et seq.
See: ZONING, SUBDIVISION AND LAND DEVELOP-
MENT REGULATIONS
WILD FOWL
Hunting, shooting, etc 4-4
WINDOWS. See: DOORS AND WINDOWS
WITNESSES
Code enforcement board's power to subpoena witnesses 2-148
Supp. No. 33 2156
CODE INDEX
Section
Z
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS
Accessory uses and structures
Supplemental regulations 24-151
Adoption and authority 24-1
Amendments 24-4
Blocks
Subdivision design and construction standards 24-254
Boats and watercraft
Supplemental regulations 24-172
Central business district (CBD)
Establishment of districts 24-114
Centralized sewer and water services
Subdivision design and construction standards 24-259
Child care
Supplemental regulations 24-152
Churches
Supplemental regulations 24-153
Clearing and grading of rights-of-way
Subdivision design and construction standards 24-258
Commercial corridor development standards
Supplemental regulations 24-171
Commercial general districts (CG)
Establishment of districts 24-111
Commercial limited district (CL)
Establishment of districts 24-110
Commercial, professional and office (CPO)
Establishment of districts 24-109
Conservation districts (CON)
Establishment of districts 24-103
Display and sale of merchandise outside of an enclosed
building
Supplemental regulations 24-154
Dumpsters, garbage containers and refuse collection areas
and above -ground tanks
Supplemental regulations 24-160
Environmental and natural resource regulations
Wellhead protection
Authority and responsibilities of the city 24-268
Definitions 24-262
Establishing and mapping wellhead protection areas24-263
Investigations and monitoring 24-264
Notice of release or spill of contaminants in wellhead
protection areas 24-267
Prohibitions in wellhead protection areas 24-265
Purpose and intent 24-261
Requirements within wellhead protection areas 24-266
Supp. No. 33 2159
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Establishments offering dancing or live entertainment
Supplemental regulations 24-155
Easements
Subdivision design and construction standards 24-253
Fences
Commercial corridor development standards 24-171(f)
Supplemental regulations
Allowable height of fences and walls 24-157
Swimming pools 24-164(c)
Guardhouses and security buildings
Supplemental regulations 24-158
Home occupations
Supplemental regulations 24-159
Industrial, light and warehousing districts (ILW)
Establishment of districts 24-112
Installation of septic tanks, private wastewater, and on-site
sewage treatment and disposal systems
Subdivision design and construction standards 24-260
Jurisdiction 24-3
Land clearing, tree removal or damage to existing trees and
vegetation
Supplemental regulations 24-168
Landscaping and buffers
Commercial corridor development standards 24-171(g)
Language and definitions
Construction of language 24-16
Definitions 24-17
Legal statue and consistency with the comp hCLmbiVc Plan 24-5
Lights and lighting
Commercial corridor development standards 24-171(e)
Service stations 24-165(d)
Swimming pools 24-164(a)
Lots
Subdivision design and construction standards 24-255
Off -Street parking and loading
Supplemental regulations 24-161
Parking lots
Supplemental regulations 24-162
Purpose and intent 24-2
Residential development standards 24-173
Residential general, multi -family (RG -2 and RG -3)
Establishment of districts 24-107
Residential general, two-family districts (RG -1 and RG -1A)
Establishment of districts 24-106
Residential mobile home districts (RMH)
Establishment of districts 24-108
Residential, single-family districts (RS -1)
Establishment of districts 24-104
Supp. No. 33 2160
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Residential, single-family districts (RS -2)
Establishment of districts 24-105
Satellite dish antenna
Supplemental regulations 24-170
Service stations
Supplemental regulations 24-165
Signs
Commercial corridor development standards 24-171(d)
Supplemental regulations 24-166
Special purpose district (SP)
Establishment of districts 24-113
Streets
Subdivision design and construction standards 24-252
Subdivision regulations
Application procedure
Construction plans and building permits
Certification of permanent reference marker location 24-206(d)
Intent 24-206(a)
Issuance of a building permit 24-206(e)
Required submittals 24-206(b)
Sewer and water commitment 24-206(c)
Term and expiration of building permit 24-206(f)
Unlawful to construct without a building permit 24-206(g)
General requirements 24-201
Plat review and approval procedure 24-202
Stage 1 review: Concept plan and information required
for review
Information required for review 24-203(b)
Purpose and intent 24-203(a)
Review process 24-203(c)
Time limit 24-203(d)
Stage 2 review: Preliminary plat and information re-
quired for review
Information required for review 24-204(b)
Purpose and intent 24-204(a)
Review process 24-204(c)
Time limit 24-204(d)
Stage 3: Final subdivision plat review and approval
Information required for review 24-205(b)
Purpose and intent 24-205(a)
Assurance for completion and maintenance of improve-
ments
Commencement of construction 24-231
Inspections 24-234
Issuance of certificate of completion 24-235
Maintenance security 24-233
Performance security 24-232
Supp. No. 33 2161
ATLANTIC BEACH CODE
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Design and construction standards
Blocks 24-254
Centralized sewer and water services 24-259
Clearing and grading of rights-of-way 24-258
Easements 24-253
General requirements 24-251
Installation of septic tanks, private wastewater, and
on-site sewage treatment and disposal systems 24-260
Lots
Building restriction lines 24-255(f)
Dimensions 24-255(b)
Double frontage lots 24-255(e)
General 24-255(a)
Residential corner lots 24-255(c)
Street access 24-255(d)
Provision for required recreation 24-256
Required monumentation
Iron pipes 24-257(a)
Location and construction 24-257(c)
Lot corners 24-257(d)
Permanent reference markers 24-257(b)
Time of placement 24-257(e)
Streets 24-252
Exemptions from the requirement for approval and record-
ing of a final subdivision plat or replat 24-189
Multiple lots and parcels treated as a single development
parcel 24-190
Purpose and intent 24-186
Required improvements
Generally 24-221
Planned unit developments (PVDs) 24-222
Requirements for approval and recording of a final subdi-
vision plat or a replat 24-188
Subdivision and subdivision improvements defined
Improvements defined 24-187(b)
Subdivision defined 24-187(a)
Vacation of previously recorded subdivision plats 24-192
Waiver
Conditions of waiver 24-191(b)
General 24-191(a)
Swimming pools
Supplemental regulations 24-164
Utility structures
Supplemental regulations 24-169
Wellhead protection. See herein: Environmental And Natu-
ral Resource Regulations
Supp. No. 33 2162
CODE INDEX
Section
ZONING, SUBDIVISION AND LAND DEVELOPMENT REG-
ULATIONS (Cont'd.)
Zoning regulations
Administration
Appeals
Community development board, appeals of decisions
of the 24-50(2)
Community development director, appeals of admin-
istrative decisions of the 24-50(1)
Stay of work 24-50(3)
City commission 24-46
Community development board 24-49
Community development director 24-47
Local planning agency 24-48
Notice of public hearings 24-52
Vested rights
Appeals of vesting determinations 24-51(c)
Determination of vested rights 24-51(a)
Expiration of vested rights 24-51(b)
Supp. No. 33 2162.1