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AB Code Supplement 34SUPPLEMENT NO. 34 November 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. 80-07-74, adopted September 24, 2007. See the Code Comparative Table—Ordinances for further information. Included in the Charter is: Ordinance No. 33-07-13, adopted October 2, 2007. See the Charter Comparative Table for further information. Remove old pages Insert new pages ix—xiii ix—xiii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 3-6 3-6.1 11-14 11-14.1 91 91 159, 160 159-160.1 188.7-188.22 188.7-188.22.2 188.27-188.31 188.27-188.31 355-358 355-358 943-949 943-956 1279-1282 1279-1282 1295-1298.1 1295-1298.1 1403, 1404 1403-1404.1 1449-1452 1449-1452 1485-1492 1485-1492.2 1531 1531-1544 2003, 2004 2003, 2004 2053-2055 2053-2055 2101-2110 2101-2110.1 2114.1-2136 2115-2136.1 2141-2157 2141-2157 2159, 2160 2159-2160.1 2165-2168 2165-2169 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. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 3 Art. III. The City Manager 7 Art. IV. The City Clerk 9 Art. V. The City Attorney 10 Art. VI. Department of Public Safety 11 Art. VII. Budget 11 Art. VIII. Department of Finance 12 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. 34 ix ATLANTIC BEACH CODE Chapter Page Div. 4. Department of Finance 163 Div. 5. Department of Public Works 165 Div. 6. Department of Public Utilities 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Div. 3. Nuisance Control Board 170 Art. VI. Employee Benefits 172 Div. 1. Generally 172 Div. 2. Old -Age and Survivors Insurance 172 Div. 3. General Employee Retirement System 174 Div. 4. Police Officers' Retirement System 188.8 Art. VII. Finance 188.30 Div. 1, Generally 188.30 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 192.2 Div. 4. Service and User Charges 195 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 307 5. Beaches and Parks 353 Art. I. In General 353 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 6. Buildings and Building Regulations 407 Art, T Tn CrenPral 407 Art. II. Building Code 407 Art. III. Electrical Code 410.11 Art. IV. Plumbing Code 414 Art. V. Mechanical Code 416 Art. VI. Reserved 418 Art. VII. Numbering of Buildings 419 Art. VIII. Housing Code 421 Art. IX. Reserved 422 Art. X. Amusement Device Code 425 7. Fire Prevention and Protection 469 Art. I. In General 469 Art. II. Fire Prevention and Life Safety 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 526.1 Art. III. Flood Hazard Reduction Standards 530 9. Human Relations Art. I. In General Supp. No. 34 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 Art. I. Solid Waste Definitions and Procedures 943 Art. II. Franchise Agreements 951 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 Supp. No. 34 xi ATLANTIC BEACH CODE Chapter Page 22. Utilities 1275 Art. I. In General 1275 Art. II. Waterworks System 1277 Art. III. Wastewater System 1284 Div. 1. Generally 1284 Div. 2. Use of Public Sewers Required 1286 Div. 3. Private Wastewater Disposal 1286.2 Div. 4. Building Sewers and Connections 1288.1 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. W 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 Tliv 4 (;Pnera 1 Prnvi. nnc and Fxrpntions 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. W 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 Art. VL Concurrency Management System and Propor- tionate Fair -Share 1531 Div. 1. Concurrency Management System 1531 Div. 2. Proportionate Fair -Share Mitigation of De- velopment Impacts on Transportation Cor- ridors 1536 Supp. No. 34 xii TABLE OF CONTENTS—Cont'd. Page Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table—Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp. No. 34 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 105, 106 OC iii 32 107, 108 13 v, vi OC 155, 156 26 vii, viii 1 156.1 26 ix, x 34 157, 158 25 xi, xii 34 159, 160 34 xiii 34 160.1 34 1, 2 19 161, 162 32 3, 4 34 163, 164 25 5, 6 34 165, 166 32 6.1 34 167, 168 32 7, 8 14 169, 170 18 9, 10 14 171, 172 30 11, 12 34 173, 174 30 13, 14 34 175, 176 30 14.1 34 177, 178 30 15, 16 14 179, 180 30 17, 18 33 181, 182 30 18.1 33 183, 184 31, Rev. 19, 20 14 184.1 31, Rev. 21, 22 14 185, 186 30 79 5, Add. 187, 188 30 91 34 188.1, 188.2 30 103, 104 OC 188.3, 188.4 30 Supp. No. 34 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 188.5, 188.6 32 415, 416 27 188.7, 188.8 34 417, 418 27 188.9, 188.10 34 419, 420 27 188.11, 188.12 34 421, 422 27 188.13, 188.14 34 469, 470 20 188.15, 188.16 34 471, 472 20 188.17, 188.18 34 473, 474 20 188.19, 188.20 34 475, 476 20 188.21, 188.22 34 477, 478 21 188.22.1, 188.22.2 34 479, 480 20 188.23, 188.24 30 521, 522 6 188.25, 188.26 30 523, 524 28 188.27, 188.28 34 525, 526 28 188.29, 188.30 34 526.1 28 188.31 34 527, 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 78 7, 788 32 307, 308 28 789, 790 8 309, 310 33 791, 792 28 311 28 793, 794 30 353, 354 33 795, 796 32 355, 356 34 797 32 357, 358 34 839, 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 34 410.5, 410.6 30 945, 946 34 410.7, 410.8 30 947, 948 34 410.9, 410.10 30 949, 950 34 410.11 30 951, 952 34 411, 412 27 953, 954 34 413, 414 27 955, 956 34 Supp. No. 34 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 995, 996 26 1283, 1284 31 997, 998 26 1284.1, 1284.2 28 999, 1000 26 1284.3, 1284.4 28 1001, 1002 28 1284.5, 1284.6 28 1003, 1004 31 1285, 1286 OC 1005, 1006 31 1286.1, 1286.2 23 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 34 1059 15 1297, 1298 34 1107, 1108 31 1298.1 34 1109, 1110 31 1299, 1300 OC 1111, 1112 31 1301, 1302 11 1113, 1114 32 1303, 1304 11 1157, 1158 33 1305, 1306 11 1159, 1160 33 1307, 1308 26 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 1173, 1174 33 1361, 1362 28 1175, 1176 33 1363, 1364 28 1177, 1178 33 1365 28 1179, 1180 33 1403, 1404 34 1221, 1222 31 1404.1 34 1223, 1224 31 1405, 1406 29 1225, 1226 31 1407, 1408 29 1227, 1228 31 1409, 1410 29 1229, 1230 31 1411, 1412 29 1231 31 1413, 1414 29 1235, 1236 21 1415, 1416 29 1237, 1238 21 1417, 1418 32 1239, 1240 21 1418.1 32 1275, 1276 28 1419, 1420 29 1277, 1278 31 1421, 1422 29 1278.1 31 1423, 1424 32 1279, 1280 34 1425, 1426 32 1281, 1282 34 1427, 1428 32 1282.1, 1282.2 31 1428.1 32 Supp. No. 34 [3] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1429, 1430 29 1501, 1502 29 1431, 1432 29 1503, 1504 29 1433, 1434 29 1505, 1506 29 1435, 1436 29 1507, 1508 29 1437, 1438 29 1509, 1510 29 1439, 1440 29 1511, 1512 29 1441, 1442 29 1513, 1514 29 1443, 1444 29 1515, 1516 29 1445, 1446 29 1517, 1518 29 1447, 1448 32 1519, 1520 29 1448.1 32 1521, 1522 29 1449, 1450 34 1523, 1524 29 1451, 1452 34 1525, 1526 33 1453, 1454 32 1527, 1528 33 1455, 1456 32 1529, 1530 33 1456.1, 1456.2 32 1531, 1532 34 1457, 1458 29 1533, 1534 34 1459, 1460 29 1535, 1536 34 1461, 1462 29 1537, 1538 34 1463, 1464 29 1539, 1540 34 1465, 1466 33 1541, 1542 34 1467, 1468 33 1543, 1544 34 1468.1, 1468.2 33 1983, 1984 OC 1469, 1470 29 1985 OC 1471, 1472 29 1987, 1988 OC 1473, 1474 29 1989, 1990 OC 1475, 1476 29 1991, 1992 2 1477, 1478 29 1993, 1994 6 1479, 1480 31 1995, 1996 13 1481, 1482 31 1997, 1998 18 1482.1 31 1999, 2000 24 1483, 1484 29 2001, 2002 30 1485, 1486 34 2003, 2004 34 1487, 1488 34 2043 OC 1489, 1490 34 2053, 2054 34 1491, 1492 34 2055 34 1492.1, 1492.2 34 2081, 2082 14 1493, 1494 29 2083, 2084 14 1495, 1496 29 2085, 2086 33 1497, 1498 33 2087, 2088 14 1498.1, 1498.2 33 2101, 2102 34 1498.3, 1498.4 33 2103, 2104 34 1498.5 33 2105, 2106 34 1499, 1500 29 2107, 2108 34 Supp. No. 34 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2109, 2110 34 2110.1 34 2111, 2112 32 2113, 2114 33 2115, 2116 34 2117, 2118 34 2119, 2120 34 2121, 2122 34 2123, 2124 34 2125, 2126 34 2127, 2128 34 2129, 2130 34 2131, 2132 34 2133, 2134 34 2135, 2136 34 2136.1 34 2137, 2138 28 2139, 2140 32 2141, 2142 34 2143, 2144 34 2145, 2146 34 2147, 2148 34 2149, 2150 34 2151, 2152 34 2153, 2154 34 2155, 2156 34 2157 34 2159, 2160 34 2160.1 34 2161, 2162 33 2162.1 33 2163, 2164 29 2165, 2166 34 2167, 2168 34 2169 34 Supp. No. 34 [5] CHARTER § 5 Sec. 3. Form of government. The municipal government provided by this Charter shall be known as "Commission - Manager Government." Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of the city shall be vested in an elective commission, hereinafter referred to as "the city commission." (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 4. General powers. The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the provisions of F.S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes; which powers shall be limited only by the Federal Constitution, State Constitution, general and special law and any specific limitation in this Charter. The enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate, including all extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be construed liberally in favor of the city. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE II. THE COMMISSION Sec. 5. Number of commissioners; selection; term. The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications as defined in section 6 of this Charter, elected at large without regard for any designation of political party affiliation. The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor -commissioner. Seats 2 through 5 shall be designated as district commissioners, with each commissioner required to reside within the district from which he or she is elected. The four (4) districts shall be created using the precinct lines existing as of November, 2007, as a beginning point, shall be established by ordinance, shall be as equal in population as possible, and to the extent possible shall maintain the integrity of neighborhoods and communities of interest. The mayor -commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four years. Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor -commissioner shall not serve more than four (4) consecutive two-year terms; and any elected or appointed to commission seats 2 through 5 shall not serve more than two (2) consecutive four-year terms. Serving any part of a term shall be considered a full term. Nothing contained herein shall prevent anyone who has served as a city commissioner from being appointed or elected to the position of mayor -commissioner and then serving in that capacity four (4) consecutive two-year terms. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-12, § 1, 10-2-07) Supp. No. 34 3 § 6 ATLANTIC BEACH CODE Sec. 6. Qualifications and disqualifications. Members of the city commission shall have been full-time residents of the city for at least one year immediately prior to qualifying. They shall be electors in the city. Full-time residency shall be defined as the person's principal place of abode during the year. Members of the city commission shall not hold any other elective office. Any member of the city commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a resolution setting forth the fact of such excuse duly entered upon the minutes. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 7. Salary. The salary of the members of the city commission shall be set by ordinance. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 8. Presiding officer: Mayor. The mayor -commissioner shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes and by the governor for all purposes of military law. When directed to do so by the city commission the mayor - commissioner shall execute all instruments to which the city is a party, unless otherwise provided by the Charter or by ordinance. The mayor -commissioner shall have no regular administrative duties except as authorized in this Charter but may appoint, from time to time, srrrh special nr salPet rnmmittaps 9S in his {lisrretinn he deems desirable nr as =37 be rie.jr.d by the city commission, to expedite the handling of the business and affairs of the city. In the temporary absence or disability of the mayor -commissioner, all duties of the mayor - commissioner shall be performed by the mayor pro tempore who shall be appointed by the city commission from its members. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 9. Powers. Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have power to: (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebt- edness; (3) Establish official boards and elect the members thereof as recommended by the mayor; (4) Adopt and modify the official map of the city; Supp. No. 34 4 CHARTER § 10 (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days; (8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses, hospitals, airports, parks and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is a finding that public welfare no longer requires the operation of any such facility and in which are stated the terms of sale and after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 10. Appointment of city manager. The city commission shall appoint an administrative officer of the city, who shall have the title of city manager, who shall have the powers and perform the duties provided in this Charter and who shall be compensated at a rate set by the city commission. No member of the city commission shall receive such appointment during the term for which the person shall have been elected, nor within two years after the expiration of the person's term. In the event the City Manager is incapacitated and unable to appoint a substitute as required in Sec. [Section] 24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 34 5 § 11 ATLANTIC BEACH CODE Sec. 11. Appointment of deputy city manager or deputy city clerk. The city manager and city clerk may, if they deem it necessary, appoint a deputy city manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 12. Vacancies in the city commission. If any vacancy occurs in the city commission, the city commission shall elect, within fifteen (15) days of the vacancy, by the affirmative votes of not less than three members, an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the next general election. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 13. Creation of new departments or offices; change of duties. The city commission, by ordinance, may create, change or abolish offices, departments, authorities or agencies. The city commission may, by ordinance, assign additional functions or duties to the offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 14. Induction of city commission into office; meetings of the city commission. After each general election, the newly elected city commission shall assume the duties of office at the regularly scheduled meeting of the city commission held at 7:15 p.m. the second Monday in November. All other regular meetings of the city commission shall be fixed by ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commis- sion shall be open to the public. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07) Sec. 15. City commission to be judge of qualifications of its members. The city commission shall be the judge of the election and the qualifications of its members as set forth in Section 6 of this Charter. For these purposes, the city commission shall have the power to subpoena such witnesses and require the production and presentation of such records as may be deemed necessary. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 16. Rules of procedure; journal of minutes. The City Commission shall determine its own rules and order of business. It shall require a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to public inspection. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 34 6 CHARTER § 17 Sec. 17. Ordinances. In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance, every act of the City Commission establishing a fine or other penalty, a fee for service, appropriation of funds, the contracting of indebtedness, or the sale of real property Supp. No. 34 6.1 CHARTER § 34 (4) Furnishing opinions on questions of law relating to the powers and duties of city officers; and (5) Performing such other duties as may be required by ordinance or resolution of the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY Sec. 33. Appointments and responsibilities. The appointment, duties, functions and other responsibilities of the director of public safety, police department, police chief, fire department, fire chief and their respective staff members are found in the city code Chapter 2, Divisions 2 and 3. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE VII. BUDGET Sec. 34. Preparation and adoption. Each department head shall be responsible for presenting a budget request to the city manager by a date established by the city manager or his designee. The director of finance shall provide the city manager with a preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year. Upon receipt of all budget requests, estimated revenues and fund balances, the city manager shall make any modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city commission. The city commission shall review the budget as submitted by the city manager and make such revisions as deemed necessary. A public hearing will be set to approve the tentative budget and millage rates. A public hearing will be set for final passage of the budget and millage rates. Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the budget, as adopted, shall be filed with the city clerk. The city shall abide by the requirements established by the Truth in Millage (TRIM) Act. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 34 11 § 35 ATLANTIC BEACH CODE ARTICLE VIII. DEPARTMENT OF FINANCE Sec. 35. Director of finance. The director of finance shall be the head of the department of finance and shall be appointed and removed by the city manager. The qualifications, powers and duties of the director of finance are defined in the Code of Ordinances. (Ord. No. 28-93-3, § 1, 8-23-93) ARTICLE IX. ELECTIONS Sec. 36. Elections. The city commission shall, by ordinance, make all regulations which it considers necessary, not inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention of fraud therein. Inspectors and clerks of elections shall be appointed by the city commission. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 37. Nonpartisan elections. All elections for the office of commissioner and mayor -commissioner shall be conducted on a nonpartisan basis without any designation of political party affiliation. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 38. Electors; registration. Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an elector of this state, and who registers in the manner prescribed by k.S. Chapter 98 and ordinances of Atlantic Beach, shall be a qualified elector of the municipality. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 39. Nominations. Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section 6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A petition for this purpose shall be signed by not less than ten (10) qualified electors of the city. The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper shall have affixed a signed statement of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall provide his/her place of residence, including the street and number. The form of the nomination petition shall be substantially as follows: "We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence is for the office of Com - Supp. No. 34 12 CHARTER § 40 missioner, Seat No. to be voted for at the election to be held on the day of , A.D., and we individually certify that our names appear on the rolls of registered voters, and that we are qualified to vote for a candidate for the city commission. Name, street, and number address from which last date of registered (if different) signing. (Spaces for signatures and required date) STATEMENT OF CIRCULATOR The undersigned is the circulator of the foregoing paper containing _ signatures. Each signature appended thereto was made in my presence and is the genuine signature of the person whose name it purports to be. SIGNATURE OF CIRCULATOR ADDRESS: Any signature made earlier than the fifteenth of August next preceding the election shall be void. All nominating papers comprising a petition shall be filed as one instrument with the city clerk, no earlier than 12:00 noon on the first Tuesday of September, nor later than 12:00 noon on the second Tuesday of September, before the election. The city clerk shall make a record of the exact time at which each petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in substantially the following form: "ACCEPTANCE OF NOMINATION I hereby accept the nomination for Seat No. on the city commission and agree to serve if elected. SIGNATURE OF CANDIDATE Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, such a petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the city commission shall be preserved by the city clerk until the expiration of the term of office for which the candidate has been nominated. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07) Sec. 40. Elections: Primary. A primary election for the nomination of candidates for the office of city commissioner of the city shall be held every two (2) years on the first Tuesday in October, for each seat on the city Supp. No. 34 13 § 40 ATLANTIC BEACH CODE commission which shall become vacant, at 7:15 p.m. on the second Monday in November of the same year. The two candidates for each seat to be filled receiving the greatest number of votes in said primary shall be certified as candidates or nominees at the general election, provided, however, that should any candidate receive at such primary election a majority of all votes cast, he shall be declared regularly elected and shall not be required to enter the general election as hereinafter provided. However, should only one candidate be nominated for a particular seat, an election for that seat will not be required and the unopposed candidate shall be declared elected to the office of city commissioner. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07) Sec. 41. Elections: General. At a regular or general election of candidates or nominees to the office of city commissioner shall be held every two (2) years on the first Tuesday in November, unless all vacancies have been determined by the primary election in accordance with Section 40 of this Charter. The candidate or nominee receiving the majority of votes for each seat at such general election shall be declared elected. In the event of a tie between two candidates in the general election the candidates shall draw lots in accordance with F.S. 100.181 to determine the winner. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07) Sec. 42. Elections: Absentee voting. Except as herein specifically provided all elections and absentee voting in the city shall be conducted in accordance with the provisions of F.S. Chapter 101. (Ord. No. 28-93-3, § 1, 8-23-93) Sec. 43. Elections: Canvass of returns. The polls open at seven niclecl, a..:...,v. and shall close at vu.o'clock p.i. yr z3 otherwise provided by Florida Statutes. The result of the voting, when ascertained, shall be certified by return duplicate, signed by the clerk and a majority of the inspectors of the election. One copy shall be delivered by the election clerk to the mayor -commissioner and the other to the city clerk, both of whom shall transmit such returns to the city commission at its regular meeting on the second Monday in October for primary election and, if needed, the second Monday in November for general election. At such meeting, the city commission shall canvass the returns and the result as shown by such returns shall be declared by the city commission to be the result of the election. The city clerk shall, not later than noon on the second day after the canvass of said election, furnish a certificate of election to each person shown to have been elected. (Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07) ARTICLE X. INITIATIVE AND REFERENDUM Sec. 44. Power of initiative. The electors shall have the power to propose any ordinance, except an ordinance appropri- ating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such Supp. No. 34 14 CHARTER § 44 power being known as the initiative. Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the city equal in number to at least twenty-five per centum (25%) of the registered electors at the last regular municipal election. (Ord. No. 28-93-3, § 1, 8-23-93) Supp. No. 34 14.1 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 33-07-12 10- 2-07 1 5 33-07-13 10- 2-07 1 14, 39, 40, 41, 43 [The next page is 103] Supp. No. 34 91 ADMINISTRATION § 2-19 notice of the time and place of such meeting to all members of the city commission, the city clerk, city manager and other persons known to be interested in favor of, or opposed to, the particular matters proposed to be considered. (12) Rule 12. All reports of committees shall be in writing and shall be filed by the city clerk. All special reports shall state the facts substantially appearing before the committee. (13) Rule 13. Upon the reading of petitions and communications and upon introduction of bills and resolutions other than those appearing upon the official agenda, the presiding officer shall order same received or filed or referred to proper committees, and the order made shall prevail unless motion for other disposition of the matter in question shall be made and prevail. (14) Rule 14. Every petition or other paper shall, previous to presentation, be so endorsed as to clearly indicate the substance of the contents. Its reference or other disposition shall be endorsed on it by the city clerk. (15) Rule 15. Proposed ordinances may be introduced at any meeting of the city commis- sion, provided the same are prepared in written or printed form. Unless copies of the proposed ordinances shall have been previously delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the meeting at which they are introduced, no action on the passage of the same shall be taken at the meeting at which introduced except by unanimous consent of all members of the city commission present. The city manager, city clerk and city attorney shall, when requested by the mayor -commissioner or any member of the city commission, exert their best efforts to assist in the preparation of proposed ordinances and cause copies thereof to be delivered to the mayor -commissioner and each member of the city commission at least three (3) days prior to the next scheduled meeting of the city commission following the request. (16) Rule 16. In acting upon all proposed ordinances or resolutions, the yeas and nays shall be taken upon the disposition made at each reading thereof, and shall be entered upon the journal of the proceedings of the city commission. (17) Rule 17. Any proposed motion, resolution, ordinance or suggested amendment thereto may be withdrawn by the mover or the proposer at any time before amendment or putting it to a vote. (18) Rule 18. The city manager shall furnish each member of the city commission with a list of unfinished business of the preceding meetings, and a separate list of unfinished business generally, in the order of its introduction, and a separate list of new matters expected to be presented at the meeting, prior to every meeting. (19) Rule 19. The city manager shall submit regular written monthly reports to the city commission. (20) Rule 20. After the decision of any question, it shall be in order only for a member voting on the prevailing side to move a reconsideration at the same or next regular meeting. Supp. No. 34 159 § 2-19 ATLANTIC BEACH CODE If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested. (21) Rule 21. Any rule, except Rules 16 and 17, may be temporarily suspended for special reasons by a vote of the majority of the members of the city commission present. (22) Rule 22. In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of reference, and its rules, so far as they are applicable and not in conflict with the provisions of the city's Charter, this Code or other city ordinances, shall be the rules of the city commission. (23) Rule 23. The mayor pro tem shall exercise the duties and powers of the mayor - commissioner during his absence or disability. (24) Rule 24. It shall be the duty of the city clerk to attend all meetings of the city commission and to record and keep the minutes and records thereof. The minutes of such meetings shall be promptly recorded for public inspection as required by state law. It shall be the duty of the mayor -commissioner, and in his absence, the mayor pro tem, to see that the proceedings of every meeting are properly and promptly recorded by the city clerk, and the record of every meeting shall be signed, when approved, by the city clerk and the mayor -commissioner or the mayor pro tem who presided thereat. (25) Rule 25. Any city commissioner or charter officer may request that any motion be presented in writing. (26) Rule 26. The city commission may take action on a matter which, because of time constraints, has not been included on the agenda for their meeting, if such matter is declared to be an emergency by the affirmative votes of the majority of the members of the city l.onnuissi.Jil. The passage of orne gency ordinances .Ai d resolutions, ho W e ei, shall be in accordance with Section 18 of the city Charter. (Code 1970, § 2-5; Ord. No. 5-88-20, § 1, 12-12-88; Ord. No. 5-97-29, § 1, 2-24-97; Ord. No. 5-01-36, § 1, 11-12-01) Sec. 2-20. Salary of members. (a) The annual salary of the mayor and commissioners shall be made in twelve (12) equal monthly payments. (b) Effective August 1 each year the basic salary of the mayor -commissioner and city commissioners shall be reviewed and adjusted by the Consumer Price Index for All Urban Consumers (CPI -U) released in August. Adjustments, if any, shall not exceed the cost of living adjustment provided to general employees and shall be effective on October 1 of each year. A one-time reduction of ten (10) percent, effective October 1, 2007, shall be made to reduce the annual salary of the mayor to ten thousand thirty-four dollars and sixteen cents ($10,034.16) and to reduce the annual salary of the commissioners to six thousand one hundred seven dollars and four cents ($6,107.04) with the next pay adjustment under this section being on October 1, 2008, if appropriate. Supp. No. 34 160 ADMINISTRATION § 2-20 (c) This review and increase in basic salary does not negate an annual cost of living increase that might be awarded each year to all city employees. (Laws of Fla., Ch. 57-1126, § 7; Ord. No. 5-75-3, § 3, 12-22-75; Ord. No. 5-83-9, § 1, 11-14-83; Ord. No. 5-00-33, § 1, 8-28-00; Ord. No. 5-02-39, § 1, 10-14-02; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-06-45, § 1, 2-27-06; Ord. No. 5-07-47, § 1, 9-24-07) Supp. No. 34 160.1 ADMINISTRATION § 2-299 (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. If an employee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (d) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal Revenue Service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA; and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe), the distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99 ; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-05-30, § 1, 4-11-05; Ord. No. 58-06-31, § 1, 4-24-06) Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. Supp. No. 34 188.7 § 2-299 ATLANTIC BEACH CODE (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM* Sec. 2-300. Created, purpose. The police officers' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the police officers of the city and their dependents in accordance with chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this division. However, all benefits in existence under all previous retirement systems or plans effective after December 22, 1975 shall remain in effect and be included as a part of this retirement system. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-301. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. Beneficiary shall mean any person, designated in writing by a member who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. A member may revoke such designation by signing and filing with the board of trustees a new designation of beneficiary form at any time prior to retirement, however after retirement, such designation of beneficiary may only be changed twice. The board of trustees may request such evidence of the good health of a beneficiary that is being removed as it may require and the amount of the retirement income payable upon the designation of a new beneficiary be actuarially re- determined to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit, taking into account the ages and sex of the former beneficiary, the new beneficiary, and the member. Board of trustees or board shall mean the board of trustees provided for in this division. *Editor's note—Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as Division 4, §§ 2 -261A -2-310A. For purposes of clarity and at the editor's discretion, these provisions have been included herein as §§ 2-300-2-310.29. Supp. No. 34 188.8 ADMINISTRATION § 2-301 City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. Compensation shall mean the total cash remuneration paid a member for service rendered to the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and will also include incentive pay as defined in Chapter 943.22, Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one -sixtieth (V6o) of the aggregate amount of compensation paid a member during the period of sixty (60) months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed by the police department who is certified or required to be certified as a law enforcement officer in compliance with sections 185.02(11) and 943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement shall mean a police officer's separation from city employment as a police officer with immediate eligibility for receipt of benefits under the retirement system. Supp. No. 34 188.9 § 2-301 ATLANTIC BEACH CODE Retirement systems or system shall mean the city retirement plan created and established by this division. Service shall mean personal service rendered to the city by a police officer. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse, or child pursuant to any workers' compensation or similar law. Redemptions or settlements of workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-07-32, § 1, 9-10-07) Sec. 2-302. Benefit groups. (a) Benefit group police is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount and shall consist of all members who are also full time sworn police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in benefit group police. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-303. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system vested i the bn......1 of trustees. Such responsibilities..., 11 ,7..4ies 1. 111. 1 ViLtSa SLL\.a.iU i) Lfl SSA are V Y:,LJi.1,.t AAA LASL: SJtILLS tt iia LA It�.JI.\.t�i . I.J Ln., tAli duties shall )J\ conducted in such manner as to comply with the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with section 185.06 therein. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-304. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by its actuary and as required by state law (Chapters 112 and 185, F.S.) for the operation of the retirement system on a sound actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render all reports required by state (Chapter 185, F.S.) or federal law to appropriate agencies, with a copy to the city commission, on or before the first day of October of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Supp. No. 34 188.10 ADMINISTRATION § 2-308 Sec. 2-305. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the city commission, who may serve as trustees of other city boards including the general employees retirement system provided herein; (2) Two (2) police officers to be elected by the active police officers who are members of the retirement system; (3) One (1) trustee to be selected by the other four (4) members of the board of trustees, and appointed as a ministerial act by the city commission. The elections provided for in subsection (2) of this section shall be held in accordance with such rules, as the board of trustees shall from time to time adopt. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-306. Same—Term of office; oath of office. The regular term of office of a member of the board of trustees shall be two (2) years for resident appointees, and two (2) years for elected representatives, unless they terminate employment, whereupon a new election will be held by the member of the plan to fill the unexpired term of their trustee representatives. The term of office for the trustee selected by the other four (4) members of the board shall be two (2) years. Each trustee shall, before assuming the duties of trustees, qualify by taking an oath of office to be administered by the city clerk, whereupon a trustee's term of office shall begin. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-307. Same—Vacancy; filling of vacancy. (a) A vacancy shall occur on the board of trustees if any member resigns or any employee representative ceases to be employed by the city. (b) If a vacancy occurs on the board of trustees, the vacancy shall be filled within ninety (90) days for the unexpired term, in the same manner as the position was previously filled. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-308. Same—Meetings; quorum; voting; compensation. The board of trustees shall hold meetings regularly, at least one (1) in each calendar quarter, and shall designate the time and place of each meeting. All meetings of the board shall be open to the public. Notice of such meetings shall be posted on employee bulletin boards so that all members will be aware of the meeting. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. Three (3) trustees shall constitute a quorum at any meeting of the board, and at least three (3) concurring votes shall be necessary for a decision by the board. Each trustee shall be entitled to one (1) vote on each question before the board. Supp. No. 34 188.11 § 2-308 ATLANTIC BEACH CODE Trustees shall serve without compensation for their services as trustees, but shall be entitled to their expenses actually and necessarily incurred in attending meetings of the board and in performing required duties as trustees in accordance with Florida Law. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-309. Officers and employed services. The officers and employed services of the retirement system shall be as follows: (1) Chairperson: The board shall annually elect a chairperson from its members. (2) Secretary: The board shall annually elect a secretary of the board from its members, who shall sign the minutes of each meeting and shall perform such duties as required in Chapter 185 of the Florida Statutes. (3) Legal advisor: The board is empowered to employ independent legal counsel. (4) Actuary: The board is empowered to employ an independent actuary who shall be the technical advisor to the board regarding the operation of the retirement system on an actuarial basis, and who shall perform such services as are required in connection therewith. The term actuary as used in this division shall mean an "enrolled actuary" who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries of the American Academy of Actuaries. A partnership or corporation may be appointed actuary if the duties of the actuary are performed by or under the direct supervision of an enrolled actuary and the enrolled actuary signs and is responsible for all final documents submitted by the partnership or corporation. (5) Administrative manager: The board is empowered to employ or contract for the services of an individual, firm, or corporation, to be known as the "administrative manager", who shall, under the direction of the board or any appropriate committee thereof, be ministerially responsible to: (a) Administer the office or offices of the retirement system and of the board; (b) Coordinate and administer the accounting, bookkeeping, and clerical services; (c) Provide for the coordination of actuarial services furnished by the actuary; (d) Prepare (in cooperation or appropriate with the consulting actuary or other advisors) reports and other documents to be prepared, filed or disseminated by or on behalf of the retirement system in accordance with law; (e) Perform such other duties and furnish such other services as may be assigned, delegated, or directed or as may be contracted by or on behalf of the board. (6) Other services: The board is authorized and empowered to employ such professional, medical, technical, or other advisors as are required for the proper administration of Supp. No. 34 188.12 ADMINISTRATION § 2-310.1 the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board in accordance with Chapter 185 of the Florida Statutes. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310. Membership. (a) All persons who are city police officers, and all persons who become city police officers, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any police officer who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) The chief of the police department may opt not to become a member of the retirement system. Such option shall be made within sixty (60) days of appointment as police chief and shall be irrevocable; (3) Police officer positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (4) Temporary police officers; (5) Elected officials of the city. (c) An individual shall cease to be a member upon retirement, entry into DROP, termina- tion of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours or work in a year, or upon becoming employed in an excluded position. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.1. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of F.S. Chapter 185. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one (1) period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth (V 12) of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. A member may purchase up to five (5) years of credited service for service in the Armed Forces of the United States or service as a police officer for any law enforcement agency prior to employment as a police officer by the city, by depositing the full actuarial costs of such years of credited service that would have occurred had the police officer been employed by the city, for the number of years purchased. Such payment for said prior credited service may be made as a lump sum or in installments not to exceed the years of service purchased; however, must be paid in full prior to retirement. Installment payments shall require interest at the actuarial Supp. No. 34 188.13 § 2-310.1 ATLANTIC BEACH CODE rate of return for the years purchased. Such purchase of prior credited service shall take effect upon vesting. If a member terminates service prior to vesting and receives a refund of employee contributions, the amount paid for such prior credited service shall also be refunded. Subject to the following: (1) Prior credited service shall not be granted for service where the member is receiving or is entitled to receive a benefit from another governmental pension system. (2) Prior credited service under this section shall only be provided for service in the Armed Forces of the United States or service as a police officer for any law enforcement agency. (3) Actual prior service credit purchased shall be added to the years of service with the city. (4) Election to purchase prior credited service for prior service in the Armed Forces of the United States or with any law enforcement agency, not to exceed a combined total of five (5) years, shall be made in writing to the board of trustees. The cost of prior credited service purchased for such prior service shall be the full actuarial cost of all credited service purchased hereunder computed as a lump sum payment into the plan. Actual payment may, at the member's option, be extended over a period of time not to exceed the years purchased and shall be subject to interest at the assumed actuarial rate for the years purchased. Such payment may be by direct in service transfer from a participant's deferred compensation account (457 accounts) pursuant to Section 457(e)(17) of the Internal Revenue Code or any other qualified plan. Full payment of such purchased prior credited service must be completed prior to the member's actual retirement. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-07-32, § 1, 9-10-07) Sec. 2-310.2. Loss of credited service. A retirement system member's credited service shall be forfeited and no longer in force if the member terminates city employment with less than five (5) years of credited service. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.3. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under section 2-310.25(c) hereof, plus interest at the actuarially assumed rate, in accordance with terms established by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Supp. No. 34 188.14 ADMINISTRATION § 2-310.5 Sec. 2-310.4. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; (2) In no case shall more than the years of service provided for in USERRA or within FS 185 be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA, FS 185, and section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.5. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective. (2) The member terminates all his/her city employment normally requiring one thousand (1,000) hours of work per annum on or before the date retirement is to be effective. (3) The member has met the age and service requirements for retirement specified in subsection (b). Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-310.10 or section 2-310.11. (b) The age and service requirements for voluntary retirement are: (1) Normal retirement: the member has attained the age of fifty (50) or older and has twenty (20) years or more of credited service in force; or the member has obtained the age of fifty-five (55) years and has ten (10) or more years of credited service in force; or the member at any age has twenty-five (25) years of credited service in force; or the member has attained the age of sixty (60) years, and has five (5) years of credited service in force. (2) Early retirement: the member has attained the age of fifty (50) or older and has ten (10) of more years of credited service in force, shall be eligible for an early retirement. Supp. No. 34 188.15 § 2-310.5 ATLANTIC BEACH CODE (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reemployed by the city in a sworn police officer position normally requiring less than one thousand (1,000) hours of work per annum or in a position not covered by this pension plan and receive retirement benefits from his/her previous employment and compensation from his/her reemployment. (2) Any person who has retired as a member of this retirement system and is subsequently reemployed by the city in any position normally requiring one thousand (1,000) hours or more of work per annum in a position covered by this pension plan shall have his/her pension benefit suspended during the period of such reemployment and shall receive additional credited service from his/her reemployment. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.6. Normal retirement date and payment date. (a) The normal retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (b) The early retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (c) The monthly retirement income payable in the event of normal or early retirement shall be payable on the first day of each month. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.7. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment prior to satisfying the requirements for voluntary retirement under section 2-310.5 for a reason other than retirement or death, who has not received a refund of his/her member contributions, and who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaing the age and service requirements for voluntary retirement, as set forth in section 2-310.5. Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-310.10 as those subsections were in force at the time a member left city employment. Such benefit shall be paid as a standard benefit form (ten (10) year certain and life thereafter) as provided in section 2-310.11. (b) The credited service requirement for separation from city employment with entitlement to deferred retirement is five (5) years. Provided, that any member who attained five (5) or more years of service with the city and elected to leave his or her accrued contributions in the plan shall be entitled to a benefit under the provisions as set out in section 2-310.7(a) upon attaining normal retirement age. Supp. No. 34 188.16 ADMINISTRATION § 2-310.8 (c) A member of the retirement system who terminates city employment prior to satisfying the five (5) year requirement for deferred retirement under section 2-310.5 is entitled to a full refund of his/her contributions, plus interest as determined by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.8. Disability retirement—General conditions for eligibility. (a) If a member, prior to his normal retirement date, becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) the member shall be eligible for disability retirement. The minimum benefit for any member disabled in the line of duty shall be forty-two (42) percent of the final average salary, regardless of years of credited service. The minimum benefit for any member disabled not in the line of duty who has eight and one third (81/3) years of credited service shall be twenty-five (25) percent of the final average salary. (1) A permanent disability which is the result of or caused by tuberculosis, hepatitis, meningococcal meningitis, hypertension, heart disease, or hardening of the arteries shall be presumed to have been incurred in the line of duty unless the contrary is shown by competent evidence or unless a physical examination of the member conducted upon initial hiring by the city revealed the existence of such condition at that time, and provided that a member claiming disability due to tuberculosis or meningococcal meningitis provides the affidavit required by F.S. section 112.181(2). (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is totally and permanently prevented from rendering useful and efficient service as a city police officer and will be considered permanently disabled if, in the opinion of the board of trustees, he is likely to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (5) Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician, surgeon, or other medical or psychological professional to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician, surgeon, or other medical Supp. No. 34 188.17 § 2-310.8 ATLANTIC BEACH CODE or psychological professionals or board of physicians, surgeons, and other medical or psycho- logical professionals to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his/her normal retirement date, is the greater of the monthly income computed according to the applicable subsections of section 2-310.10 or the minimums established in section 2-310.8(a). Provided, that such benefits shall be paid in the standard form (ten (10) year certain and life thereafter). (f) The monthly retirement income as computed in section 2-310.10 to which a member is entitled in the event of his/her disability retirement shall be payable monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the member recovers from the disability prior to his normal retirement date, the last payment will be the payment due next preceding the date of such recovery. If the member dies without recovering from his disability or attains his/her normal retirement date while still disabled, the last payment will be the payment due next preceding his/her death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as a police officer employee of the city, regardless of whether the member is re-employed by the city. (h) If the member recovers from disability and reenters the service of the city as a police officer employee, his/her service will be deemed to have been continuous, but the period beginning with the first month for which he/she received disability retirement income payment and ending with the date he/she reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.9. Same—Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical or psychological examination if the disability retirant has not attained his or her normal retirement eligibility date. (b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the disability pension may be suspended by the board of trustees until the retirant submits to the examination. Supp. No. 34 188.18 ADMINISTRATION § 2-310.11 (c) A disability retirant who has been restored to employment with the city as provided in subsection 2-310.8(h) shall again become a member of the retirement system. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.10. Calculation of pension benefit. (a) Normal retirement benefit. Subject to section 2-310.14, the amount of level straight life pension shall be equal to the retiring member's credited service multiplied by three (3) percent of the retiring member's final average compensation. (b) Early retirement benefit. The amount of an early retirement benefit shall be calculated as provided in subsection 2-310.10(a) above taking into account credited service to the date of actual retirement and final average compensation as of such date. Such amount of retirement income shall be actuarially reduced to take into account the participant's younger age and earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three (3) percent for each year by which the member's age at retirement preceded the member's normal retirement age. (c) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-01-28, § 2, 10-8-01; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.11. Optional forms of pension payment. A member of the retirement plan may elect to be paid under one (1) of the following optional forms of payment in lieu of the standard normal or early retirement benefit form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. No member may change the elected optional form of payment after the date of cashing or depositing the first benefit payment. Unless otherwise elected, the standard normal benefit form shall be "Option A" below. Payment will be made under the standard normal retirement benefit form if a timely election of an optional form of payment is not made. The amount of pension under any option shall be the actuarial equivalent of the amount of pension under the standard normal retirement benefit form payment. (1) Option A: Ten (10) years certain and retirant's life thereafter: Under Option A, a retirant shall be paid a pension for life, however in the event the retirant dies after retirement but before receiving retirement benefits for a period of ten (10) years, the same monthly benefit will be paid for the balance of such ten-year period. Benefit payments shall be made to the retirant's designated beneficiary or estate for such period. Supp. No. 34 188.19 § 2-310.11 ATLANTIC BEACH CODE (2) Option B: Modified joint survivor pension: a. A retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, a benefit as designated by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (662/3) or fifty (50) percent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retirant shall have specified by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. b. A retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, a benefit as designated by the retirant of either, one hundred (100), seventy-five (75), sixty-six and two thirds (662/3) or fifty (50) percent of the reduced pension benefit shall be continued throughout the future lifetime of and paid to such person as the retirant shall have specified by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. However, in the event the person designated by the retirant predeceases the retirant, the monthly benefit shall increase to the amount payable under the standard normal form of payment for the remaining lifetime of the retirant. (3) Option C; Retirant's life only: Under option C, a retirant shall be paid a pension for his or her life only. All monthly payments shall cease on the death of the retirant. (4) Option D; Social security coordinated pension: Under Option D, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. (5) Other benefit form. Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (6) A deferred retirement option program (DROP), shall be established and administered by the board of trustees of the City of Atlantic Beach police officers' retirement system. Such DROP shall be a self-directed program. A police officer employee may enter the DROP as set forth herein. (a) Eligibility. A participant of the City of Atlantic Beach police officers' retirement system may enter into the DROP on the first day of the month following the attainment of age and service retirement requirements provided in the City of Atlantic Beach Code section 2-310.5(b). Participants who attained eligibility prior to the enactment of the DROP shall be afforded the option of participating immediately. (b) Written election. A participant electing to participate in the DROP must complete and execute the proper forms, which shall be supplied by the board of trustees. Election into the DROP is irrevocable once a participant enters the DROP. Supp. No. 34 188.20 ADMINISTRATION § 2-310.11 (c) Limitation / disqualification for other benefits. A participant may participate in the DROP only once. After commencement of participation in the DROP, the employee shall no longer earn or accrue additional vesting credits toward retirement benefits and shall not be eligible for disability or pre -retirement death benefits in the City of Atlantic Beach police officers' retirement system. (d) Cessation or reduction of contributions. Upon the effective date of a participant's commencement of participation in the DROP, the participant's contributions to the City of Atlantic Beach police officers' retirement system shall be discontinued. (e) Benefit calculation. For all City of Atlantic Beach police officers' retirement system purposes, the service and vesting credits of a participant participating in the DROP shall remain as they existed on the effective date of commencement of participation in the DROP. This shall include current and future cost of living adjustments (COLA) as provided in the City of Atlantic Beach Code of Ordi- nances. The participant shall not carn or be credited with any additional vesting credits after beginning DROP participation. Service thereafter shall not be recognized by the City of Atlantic Beach police officers' retirement system or used for the calculation or determination of any benefits payable by such retirement system. The final average compensation of the participant shall remain as it existed on the effective date of commencement of participation in the DROP. Payment for unused compensatory time shall be made when the participant enters the DROP and shall be utilized in determining the final average compen- sation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the participant actually terminates employment with the city. Earnings thereafter shall not be recognized by the retirement system or used for the calculation or determination of any benefits payable by the retirement system. (f) Payments to DROP account. The monthly retirement benefits, including any future cost of living increases, that would have been payable had the participant elected to cease employment and receive a normal retirement benefit shall be deposited into the participant's DROP account. (g) DROP account earnings. Earnings of each DROP account shall be in accordance with the self-directed options selected by the participant and shall continue for up to sixty (60) months at which time all deposits to the participant's account shall cease. Neither the city, the retirement system nor the system's board of trustees shall have any responsibility or liability for any of the self-directed options selected by the participant. (h) Maximum participation. A participant may participate in the DROP for a maximum of sixty (60) months. At the conclusion of the sixty (60) months, the participant's DROP account deposites shall cease. The participant may terminate DROP participation by terminating from covered city employment on a date prior to sixty (60) months from the date the participant entered the DROP. A participant that elects to participate in the DROP may participate for a Supp. No. 34 188.21 § 2-310.11 ATLANTIC BEACH CODE maximum of sixty (60) months. At the conclusion of the maximum time period, the participant's covered city employment must terminate pursuant to the resignation submitted by the participant as part of the DROP application. The participant may terminate DROP participation by terminating from covered city employment on a date prior to sixty (60) months from the date the participant entered the DROP. (i) Expenses. All administrative fees charged for the administration and operation of the participant's DROP account shall be in accordance with the self-directed options selected by the participant. (j) Payout. 1. Upon the termination of a participant's covered city employment (for any reason, whether by retirement, resignation, discharge or death), the retire- ment benefits payable to the participant or to the participant's designated beneficiary shall be paid to the participant, the participant's designated beneficiary or the participant's estate and shall no longer be deposited into the participant's DROP account. 2. Within thirty (30) days after the end of any calendar quarter following the termination of a participants's employment, the balance in the participant's DROP account shall be payable in accordance with the self-directed options selected by the participant. Regardless of the option selected by the participant, the board of trustees has the right to accelerate payments in order to comply with section 401(A)(9) of the internal revenue code and the right to defer payments to comply with section 415 , of the InLern Revenue Code. (k) Death. If a DROP participant dies before the account balance is paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the pay -out options set forth in paragraph (j) above, DROP payments to a beneficiary shall be in addition to any retirement death benefit payable to the participant. Participants who are or have been DROP participants are not eligible for pre -retirement death or disability benefits. (1) Forms. The forms and notices for use in administering the DROP shall be approved by the board of trustees. (m) Amendments. The city commission may amend the DROP at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans set forth in any applicable collective bargaining agreement and shall be binding upon all future DROP participants and upon all DROP participant's who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-07-32, § 1, 9-10-07) Supp. No. 34 188.22 ADMINISTRATION § 2-310.13 Sec. 2-310.12. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid designation -of -beneficiary in force, the beneficiary, if living, shall be paid a pension benefit computed according to section 2-310.10 in the same manner in all respects as if the member had elected option B at the one hundred (100) percent level provided in Section 2-310.11 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Provided, that if the member had at least five (5) years of credited service at the time of death, his or her beneficiary shall be entitled to all benefits otherwise payable to the member at early or normal retirement age paid in the standard benefit form (ten (10) year certain and life thereafter). Upon a member's retirement, entry into DROP, resignation, or termination as a city employee, eligibility for thedeath benefit payable under section 2-310.10 will automati- cally terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, shall be paid by the board of trustees to the estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding, and conclusive on all persons ever interested hereunder. Notwithstanding any other provision of law to the contrary, the surviving spouse of any member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.13. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this subsection or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-310.12, whichever are greater, shall be paid if a member of the retirement system has five (5) or more years of credited service and dies while in the employ of the city. The provisions of this section shall not apply in the case of death of a member who has a valid designation of beneficiary, other than the member's spouse or children as set forth below, in force pursuant to section 2-310.12. Supp. No. 34 188.22.1 § 2-310.13 ATLANTIC BEACH CODE (b) The person to whom the deceased member was married at the time of death shall be paid a pension equal to seventy-five (75) percent of the amount of Option C-Retirant's life only pension computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. A surviving spouse's pension shall terminate upon death. (c) The deceased member's unmarried children under the age of nineteen (19) years, or twenty-three (23) years if enrolled full-time as a student in an educational institution, shall each be paid an equal share of a retirant's life only pension benefit computed according to the applicable subsection of section 2-310.11, based on the deceased member's final average compensation and credited service. The percent shall be zero (0) percent during periods a pension is being paid in accordance with the provisions of subsection (b); fifty (50) percent during periods a pension is not being paid in accordance with the provisions of subsection (b). A surviving child's pension shall terminate upon attainment of age nineteen (19) years or, if over nineteen (19) years but less than twenty-three (23) years, upon no longer being enrolled as a full-time student in an educational institution, marriage, or death, and the pension of each remaining eligible child shall be recomputed. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.14. Maximum amount of pension. (a) The normal retirement pension payable to a member of the retirement plan who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his/her final average compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attribut- able to cost -of -living increases or adjustments. Supp. No. 34 188.22.2 ADMINISTRATION § 2-310.25 any benefit available under this retirement system shall be in violation of section 185.185 of the Florida Statutes. Any member convicted of such violation may, in the discretion of the board of trustees, be required to forfeit the right to receive any or all benefits he/she may be otherwise be entitled to under this retirement system. For purposes of this subsection, "conviction" shall mean a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (b) Any member who is convicted as provided in F.S. Section 112.3173 of a specified offense committed prior to retirement, or whose employment is terminated by reason of an admitted commission, aid, or abatement of a specified offense, shall forfeit all rights and benefits under this pension plan, except for return of accumulated contributions as of his/her date of termination. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.23. Response to claims and inquiries. All inquiries shall be answered promptly. The final decision for approval of benefits shall be made by the board of trustees. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.24. Denial of benefits. If any claim for benefits is denied, suspended or terminated, in whole or in part, then the claimant shall be furnished with a notice of denial, suspension, or termination no later than thirty (30) days after the final decision has been made. The notice shall be provided in writing, by certified mail, and shall set forth: (1) The specific reasons for the denial, suspension, or termination of benefits; (2) The specific references to the pertinent provisions of the pension plan upon which the action is based and a copy of the pension plan provisions shall be furnished with this notice; (3) A description of any additional material or information necessary for the claimant to perfect the claim, along with an explanation of why such material or information is necessary; and (4) An explanation of the claims review procedure. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.25. Claim review procedure. (a) Requests for review. If a claim for benefits is denied, suspended or terluinated, in whole or in part, then the claimant may appeal to the board of trustees for a full and fair review. In order to file an appeal, a written notice of appeal must be submitted within sixty (60) days after the notice of denial, suspension, or termination is received by the claimant (or such later time as the board of trustees deems reasonable). The notice of appeal shall briefly describe the grounds upon which the appeal is based on shall be signed by the claimant. The claimant shall Supp. No. 34 188.27 § 2-310.25 ATLANTIC BEACH CODE be allowed to review all pertinent documents during normal business hours, and shall be permitted to submit comments and a statement of issues for consideration by the board of trustees. (b) Representation. A claimant may designate an attorney or any other duly authorized person to act as his or her representative at any stage of the claims review procedure. Any rights provided to the claimant during the claims review procedure shall automatically extend to the representative designated by the claimant. A designation of representative shall be signed by the claimant and the representative, and shall be submitted in writing. (c) Claims review board. The board of trustees shall rule on all appeals brought under this section. A decision to grant or deny an appeal shall be based solely on the record before the board of trustees, unless the board of trustees determines, in its sole discretion, that a hearing is necessary for the proper resolution of the appeal. The board of trustees shall decide, by majority vote, to grant or deny an appeal. The final decision shall be made by the board of trustees, in writing, and shall be made no later than sixty (60) days after receipt of the notice of appeal, unless special circumstances (such as the need for a hearing) require an extension of time. In no event, however, should the decision of the board of trustees be made later than one hundred twenty (120) days after receipt of the notice of appeal. If an appeal is denied, in whole or in part, then the decision shall set forth the specific reasons for the action, with specific references to those pension plan provisions upon which the decision is based. The claimant shall be promptly provided with a copy of this decision. The decision of the board of trustees shall be final and binding. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.26. Exhaustion of claims review procedure. No action in law or in equity shall be brought to contest a denial, suspension, or termination of benefits until the claimant has complied with the procedures provided in section 2-310.25, unless the board of trustees fails to render a decision as provided in section 2-310.27(c). In no case, however, shall any action be brought unless instituted within one (1) year from the time the claimant received the notice of denial, suspension or termination provided in section 2-310.24. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-310.27. Member contributions. (a) Member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bargaining agreement shall be two and eight hundred fifteen thousandths (2.815) percent of salary. Effective on September 24, 2006, member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bargaining agree- ment shall be three and eight hundred fifteen thousandths (3.815) percent of salary. Supp. No. 34 188.28 ADMINISTRATION § 2-310.27 Effective on September 23, 2007, member contributions for benefit group police bargaining unit members covered by the current collective bargaining unit collective bargaining agree- ment shall be four and eight hundred fifteen thousandths percent (4.815) of salary. All contributions shall be deducted from the member's pay and paid over into the retirement system each pay period. (b) For member contributions for benefit group police that are noncollective bargaining unit members, the contribution rate shall be four and eight hundred fifteen thousandths (4.815) percent of salary. All contributions shall be deducted from the member's pay and paid over into the retirement system each pay period. (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years towards retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his/her contributions made to the city pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. Any such member may voluntarily leave his or her contributions in the fund for a period of five (5) years after leaving the employ of the police department pending the possibility of his or her being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. If he or she is not reemployed as a police officer with the same department within five (5) years, his or her contributions shall be returned to him or her. (d) If an employee who has been in the service of the city for at least five (5) years and has contributed to the pension trust fund as provided, elects to leave his/her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-310.5, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (e) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal Revenue Service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA, and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe). The distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-07-32, § 1, 9-10-07) Supp. No. 34 188.29 § 2-310.28 ATLANTIC BEACH CODE Sec. 2-310.28. Benefit limitations and required distributions. (a) Benefits paid under this city police officer employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-310.29. Reserved. Editor's note—Ord. No. 58-04-29, adopted March 8, 2004, repealed § 2-310.29, which pertained to benefit enhancements and derived from Ord. No. 58-99-26, § 2, 7-10-00. ARTICLE VII. FINANCE* DIVISION 1. GENERALLY Sec. 2-311. Fiscal year. The fiscal year of the city is hereby established to begin on October first of each year and end on September thirtieth of the following year. (Code 1970, § 8-1; Ord. No. 5-99-32, § 1, 12-14-99) State law reference—Mandate for fiscal year, F.S. §§ 166.241, 218.33. *Cross references—Any ordinance promising or guaranteeing payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or any obligation assumed by the city saved from repeal, § 1-5(1); any annual tax levy, appropriation or budget saved from repeal, § 1-5(2); department of finance, § 2-71 et seq.; taxation generally, Ch. 20. State law references—Municipal finance and taxation. F.S. § 166.201 et seq.; municipal borrowing, F.S. § 166.101 et seq.; financial matters pertaining to political subdivisions, F.S. Ch. 218. Supp. No. 34 188.30 ADMINISTRATION § 2-312 Sec. 2-312. Allotments, constitute basis of expenditures and are subject to revision. The city manager shall authorize all expenditures for the offices, departments and agencies to be made from the appropriation on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work program and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of such income. (Laws of Fla., Ch. 57-1126, § 65; Ord. No. 5-99-32, § 1, 12-14-99) Supp. No. 34 188.31 BEACHES AND PARKS § 5-31 (b) Before the chief of police or his designee gives permission for the owner of a sailboat, catamaran, or other vessel to be parked over seventy-two (72) hours on the beach, the owner must provide proof of ownership, description, serial number, hull number or other identifica- tion number, and the location desired for parking same. Permission to park, and the location requested, is at the sole discretion of the chief of police. The chief of police may develop additional rules to govern such parking to protect the public's safety. (c) Any person who parks a sailboat or catamaran or other vessel in violation of this section is subject to having such sailboat, catamaran, or other vessel towed at the owner's expense. (Ord. No. 95-03-83, § 1, 1-27-03) Secs. 5-9-5-15. Reserved. ARTICLE II. BEACH SAFETY ZONE Sec. 5-16. Use of vehicles. It shall be unlawful for any person to propel, operate or drive any motorized vehicle at any time on the ocean beach unless permission is approved in writing by the city manager or his designee. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-17. Animals. It shall be unlawful for any person to have or allow horses, mules, cows, cattle, chickens, poultry or goats on the ocean beach. (Ord. No. 95-03-83, § 1, 1-27-03) Secs. 5-18-5-30. Reserved. ARTICLE III. PUBLIC PARKS Sec. 5-31. Public parks' use prohibited after dark. It shall be unlawful for any person or groups of persons to congregate in or about or traverse through any public parks: (a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later, except as follows: (1) When using lighted public facilities in public parks, such as ball fields and tennis courts, provided such use shall never be later than 10:00 p.m.; (2) When an organized event has been approved by the parks and recreation department. Supp. No. 34 355 § 5-31 ATLANTIC BEACH CODE (b) When a park or parks have been officially closed by the city for maintenance, construction, repairs, and the like, and has been so posted. (Ord. No. 95-03-83, § 1, 1-27-03) Sec. 5-32. 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. (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. Supp. No. 34 356 BEACHES AND PARKS § 5-33 (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 free or reduced -price school lunches. (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. 95-03-82, § 1, 1-27-03; Ord. No. 95-05-89, § 1, 4-11-05; Ord. No. 95-07-93, § 1, 2-26-07) Sec. 5-33. Enforcement of park rules and regulations. All city employees shall have the authority to enforce the rules and regulations of the city's public parks. The primary enforcement agents shall be parks and recreation staff members and police officers. (a) First violation. First violations of park rules and regulations will result in the violator being verbally warned by the city employee. If the violator is a juvenile, then the employee will obtain parental/guardian information and contact the juvenile's parent/ guardian and inform the parent/guardian of the warning. All records of warnings will be purged after ninety (90) days unless there are subsequent violations. (b) Second violation within ninety (90) days of first offense. If the violator is a juvenile, then the parks and recreations staff will contact the juvenile's parent/guardian and contact the police to complete a trespass after warning (TAW) form for thirty (30) days. The juvenile information will be purged after ninety (90) days unless there are subsequent violations. If the violator is an adult, then parks and recreations staff will contact the police to complete a trespass after warning (TAW) form for thirty (30) days. (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. Supp. No. 34 357 § 5-33 ATLANTIC BEACH CODE (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) Supp. No. 34 358 [The next page is 407] Art. I. Art. II. Chapter 16 SOLID WASTE AND RECYCLING* Solid Waste Definitions and Procedures, §§ 16-1-16-11 Franchise Agreements, §§ 16-12-16-32 ARTICLE I. SOLID WASTE DEFINITIONS AND PROCEDURES Sec. 16-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Bulky waste shall mean large discarded items generated from residences and commercial businesses within the city, such as pallets, furniture, refrigerators, stoves and other household appliances, also called "white goods." City shall mean the City of Atlantic Beach, Duval County, Florida, a municipal corporation and its government and the city manager and/or his authorized or designated representative. Commission shall mean the city commission of the City of Atlantic Beach, Florida. Commercial rubbish and trash shall mean such combustibles as paper, wood, yard trimmings etc., and noncombustibles such as metal, glass, stone, dirt, etc. Commercial solid waste shall mean garbage, rubbish, and trash, etc., resulting from the normal activities of establishments utilizing containers of two (2) cubic yard capacity or more. Commercial unit shall mean any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit-making nature. Except where such place, building and/or enterprise constitutes a single-family residence or multiple dwelling. Those multiple dwellings now being serviced by commercial containers or which could be serviced in the future shall be considered as "commercial establishments". Within this classification are, by way of example, stores, shops, grocery stores, food stores, amusement houses, drug and sundry stores, dry goods and hard goods stores, package stores, filling stations, shopping centers and restaurants. Commercial (hand pickup) units shall mean any business, profession or occupation generating two (2) or less toters. Construction and demolition debris shall mean discarded materials generally considered not to be water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the *Editor's note—Ord. No. 55-07-31, adopted Mar. 26, 2007, repealed Ch. 16, §§ 16-1-16-16 and enacted provisions to read as herein set out. Former Ch. 16 pertained to similar subject matter and derived from Ord. No. 55-95-29, adopted May 8, 1995; and Ord. No. 55-97-30, adopted Aug. 25, 1997. Supp. No. 34 943 § 16-1 ATLANTIC BEACH CODE construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structure at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Curbside collection point shall be that area on or adjacent to the driveway within five (5) feet of, and in no case more than ten (10) feet from the street or roadway and not on the driving surface of the street or roadway or in the drainage gutter or drainage swale or ditch. Dumpster shall mean a container emptied by mechanical means, primarily used for commercial or multifamily garbage and trash collection. Electronic waste shall mean computer monitors, computer terminals, CPUs, keyboards, televisions, printers, scanners, stereo equipment, radios, VCRs, DVDs, camcorders, desk and mobile phones, pagers, power tools, small kitchen appliances (e.g. microwaves, toaster ovens) and health and beauty appliances. Franchisee shall mean the individual, partnership, or corporation who or which is awarded a franchise by the commission to perform the work or service, or to furnish materials or equipment or both, as set forth in this chapter and the franchise contract. Garbage shall include and mean all accumulations of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay, may serve as breeding or feeding material for flies and/or other germ -carrying insects; bottles, cans, or other food containers which, due to their ability to retain water, may serve as a breeding place for mosquitoes or other water -breeding insects, and does not include recyclables. Garbage container shall include dumpsters, toters, and roll -off containers. Containers for yard waste shall also include trashcans, plastic and paper bags (see yard waste receptacle). Garden trash or yard trash or trash shall mean all the organic refuse accumulated from the care of lawns, shrubbery, vines and trees. Gross revenue shall mean all revenues derived directly or indirectly by a franchisee, its affiliates, subsidiaries, parents, and any person in which a franchisee has a financial interest, exclusive of all taxes, from or in connection with the operation of a residential and commercial solid waste collection service in the city with no deductions whatsoever. Hazardous waste shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. Supp. No. 34 944 SOLID WASTE AND RECYCLING § 16-1 Household trash shall mean any and all accumulations of waste material from the operation of a home, which is not included within the definition of garbage. Household trash shall include all bulky wastes, yard toys, and building material waste from residential -type do-it-yourself projects, but does not include vegetative matter. Industrial waste shall mean waste and debris from manufacturing and fabrication plants, lumberyards and construction or demolition of buildings, debris and waste accumulation from land or lot clearing, excavating, building, rebuilding or altering of buildings, structures, roads, streets, alleys, driveways, parking areas, sidewalks or parkways, wooden crating, pallets, dirt, soil, excelsior or any waste materials which because of their volume and nature do not lend themselves to collection with ordinary solid waste and refuse. Multifamily and commercial solid waste, rubbish and refuse collection container shall mean any portable nonabsorbent, enclosed container with a close -fitting cover, or doors, which is used to store large volumes of refuse. These include dumpsters, compactors, and permanent - use open -top roll -offs. Other types of collection containers, capable of being serviced by mechanical equipment, may qualify as this type of container. Multifamily residential shall mean a group of more than four (4) housekeeping units where it is not feasible to have garbage picked up from each individual residence and where either a dumpster, compacting dumpster, or roll -off compaction dumpster is required for central pickup of garbage and trash. Pathological waste shall mean tissues, organs, animal bodies, body excretions, used bandages, medicines, drugs, hypodermic syringes or solid organic wastes from hospitals, laboratories, clinics, physicians' and dentist offices, animal hospitals or similar sources. Pathological waste container shall mean a disposable, waterproof container or bag, securely closed, not torn or ruptured. Such disposable container or bag shall be placed within an approved collection receptacle. Recyclables shall mean those items on the approved recycling list. Recyclable items shall include but not be limited to metal cans, glass bottles and jars, and plastic (including soft drink, milk, water, juice and detergent) bottles and jugs, fiber (newspaper, magazines, boxboard, brown paper bags, telephone books, catalogues, office paper, etc.), corrugated cardboard, and any other materials which are designated by the public works director. Recycling containers shall mean the receptacles purchased, leased and distributed or placed by or on behalf of the city to city residents or locations for the intended use as receptacles of recyclable materials. Refuse shall include and mean all garbage, dead animals, vegetative garden and yard trash, bulky wastes, household trash, commercial trash, and construction and demolition debris. Residential I commercial mechanical compacting dumpster shall mean any residence or commercial establishment where it is not feasible to pick up garbage, trash or recyclable items with a noncompacting dumpster. "FEL" refers to front-end loaded container. Supp. No. 34 945 § 16-1 ATLANTIC BEACH CODE Residential unit shall mean one (1) single-family dwelling or one (1) living unit in a multifamily dwelling of four (4) units or less as a mobile home in a park utilizing toter container collection. Roll -off container shall mean a container of varying bulk nature, either open -top or compacting type, picked up and transported by truck. Rubbish shall mean every accumulation of paper, excelsior, rags, wooden and paper boxes or containers, sweepings and all other accumulation of materials other than solid waste which are usual to housekeeping and to the operation of stores, offices and other business places, including bottles, cans, and containers. Small commercial garbage shall mean every accumulation of garbage from all commercial establishments not serviced by a multifamily or commercial dumpster container of two (2) cubic yards or more. Solid waste shall mean every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fowl, fruit or vegetable or any other putrecible matter, including animal feces and also including cans, containers or wrappers along with such material. This includes the solid portion of the waste stream including, but not limited to, garbage, refuse, rubbish, recyclable items and garden trash. Toter shall mean container with attached lid and wheels supplied by the city or the contractor provided for garbage pickup with automated or semi -automated service. Trash, unless specifically provided to the contrary, the term trash shall include and mean commercial trash, household trash, and garden and yard trash as defined below. Yard waste (or trash) shall mean every accumulation of leaves, grass cuttings, shrubbery, vines and trees, but not including dirt, soil or sod removed in the renovation or rebuilding of lawns and turfs and not including tree limb, shrubbery cuttings and the like which exceed six (6) inches in diameter or five (5) feet in length. Items exceeding these size limits or quantities greater than five (5) cubic yards may require a special pickup at an additional fee. Green waste produced by a landscape contractor or tree removal operation must be disposed of by the contractor and is not included within the requirements of the city's sanitation contractor's responsibility. Yard waste receptacle shall mean every receptacle equal to those specified above as residential and commercial solid waste, rubbish or refuse can container or plastic bags having a capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain their contents while being lifted and handled during collection. White goods shall mean appliances such as refrigerators, freezers, stoves, ovens, washing machines, dryers, water heaters, air conditioners, compressor units, microwave ovens, television sets and the like. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 946 SOLID WASTE AND RECYCLING § 16-3 Sec. 16-2. Solid waste collection. All solid waste accumulated in the city shall be collected, transported and disposed by the city or a contractor designated by the city manager. No person shall collect, transport through the streets or alleys of the city, or dump, incinerate, or in any other manner dispose of solid waste originating in the city except through written agreement with the city manager. Exceptions include entities licensed by the city to perform commercial recycling and/or construction and demolition debris removal. Each residence and commercial unit shall separate the solid waste it generates into garbage, yard trash and recyclables for collection. All garbage containers shall be emptied and the contents thereof shall be disposed of at least once each week in residential districts. Dumpsters in residential districts and in the business districts shall be collected as designated by the public works director but no less than one (1) time per week. Dumpsters from restaurants, food stores, clubs or other businesses that may reasonably be expected to contain garbage from food preparation, food containers or wrappers, etc. shall not be collected less than twice per week. All yard trash shall be picked up and disposed of at least once each week. All containers for recyclable items shall be emptied at least once each week. Businesses and multifamily residential units generating amounts in excess of two (2) toters shall require a commercial dumpster. (Ord. No. 55-07-31, 3-26-07) Sec. 16-3. Garbage and trash containers. (a) Containers. No garbage shall be collected unless it is placed in a closed garbage container. Such container shall be a "toter" issued by the contractor or the city to facilitate automated or semi -automated collection by the contractor. Garbage shall be placed in bags and deposited in toter, which is to be wheeled to the appropriate area for collection service. Nothing shall be picked up, collected or removed by the franchisee unless it is within a garbage container as defined herein. Household items normally set out with garbage, such as curtain rods and plumbing fixtures, weighing less than forty (40) pounds, may be placed next to garbage containers. Any items exceeding five (5) feet in length shall be folded or cut to meet the length requirement, when possible. Although toters remain the property of the contractor or the city, residents are allowed to neatly stencil house numbers onto the container for ease of identification. (b) Set out and storage. No person shall place a container or yard waste in front of a residential unit in which he does not reside. Nor shall containers or yard waste be placed in a city park or right-of-way adjoining a park or in a road median. Garbage containers set out for garbage collection shall be placed at the curb of the street from which garbage service is rendered except as otherwise provided herein. Garbage containers shall be set out no earlier than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage no later than 12:00 midnight on the day of collection. Garbage container blinds, which are in architectural harmony with the building, or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public right-of-way or public property. If garbage is stored under- ground or behind a garbage container blind that is not located at the curb, the garbage Supp. No. 34 947 § 16-3 ATLANTIC BEACH CODE container must be moved to the curb for pickup. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the franchisee for placement of containers for garbage service shall apply to the public works director or his designee, who shall thereupon determine the location at which garbage containers shall be placed. Garbage containers located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. Only toters supplied by the city may be used for household garbage. All containers used for yard trash shall be subject to inspection and approval or condemnation by the public works director. Appeals of his decisions may be made to the city manager. (d) Dumpsters required. All commercial units, other than commercial hand pickup, and multifamily residential units shall be required to have a commercial dumpster for disposal of garbage and trash. It shall be the duty of the public works director to determine the size dumpster required. Dumpsters shall not be filled past the maximum fill line. In cases where a commercial or multifamily unit is routinely overfilling the dumpster, the public works director may direct an increase in either frequency of collection or container size. Appeals of his decisions may be made to the city manager. The public works director will approve requests from multifamily residential units for mechanical compacting dumpsters. Rates for these services will be set by ordinance. Dumpster enclosures meeting design standards provided by the public works director are required for all new or redeveloped commercial and multifamily residential units. Owners and residents with dumpsters are required to keep installed gates closed at all times except when necessary for access. (Ord. No. 55-07-31, 3-26-07) Sec. 16-4. Leaves and grass clippings; tree trunks. Leaves and grass clippings shall be placed for collection at the curb in either a container meeting the standard for garbage collection or a disposable plastic or waterproof paper bag securely fastened at the opening. Tree trunks, stumps, limbs, trimmings or waste -building materials shall be collected; these items shall not exceed five (5) feet in length, six (6) inches in diameter nor shall any single item exceed a weight of forty (40) pounds. Each residence is allowed a cumulative amount of five (5) cubic yards weekly. (Ord. No. 55-07-31, 3-26-07) Sec. 16-5. Hazardous or electronic waste. The city holds a yearly hazardous waste collection event at city hall, which includes collection of electronic waste (e -waste). Otherwise, Duval County residents may recycle electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675 Commonwealth Ave. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m. The facility is closed on Sunday and Monday. For more information, call 387-8847. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 948 SOLID WASTE AND RECYCLING § 16-9 Sec. 16-6. Burial of solid waste. No solid waste shall be buried upon the premises of the person by whom the solid waste is accumulated. No solid waste shall be buried elsewhere in the city except upon written permission of the city manager. Composting shall not be considered burial or disposal. (Ord. No. 55-07-31, 3-26-07) Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, recyclable items or any other solid waste including old furniture, appliances, bedsprings, tires, building materials or auto parts upon any vacant or unoccupied premises of the city, or upon any street roadway or in the drainage gutter or drainage swale or ditch, alley, road median or park. (b) It shall be unlawful for any person to deposit yard trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street roadway or in the drainage gutter or drainage swale or ditch, plaza, alley, road median or park, or in any canal, waterway, lake or pool within the city. Yard trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Ord. No. 55-07-31, 3-26-07) State law reference—Florida Litter Law, F.S. § 403.413. Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease. Trash and debris caused from tree removal or trimmings or debris from lot clearing shall be removed by the owner. The owner or contractor performing the work shall remove contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the franchisee. (Ord. No. 55-07-31, 3-26-07) Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for removal. All residents, occupants and owners of residential premises, other than multifamily residential units receiving dumpster service for garbage, in the city who have not arranged for private disposal of white or bulk goods shall have such goods removed and disposed of by the franchisee of the city by placing such goods curbside on pickup day. For residential collection, the fee for pickup, other than special pickup of excess yard waste, shall be included in monthly sanitation fees. Cost of white goods pickup for businesses and multifamily residential units receiving dumpster service for garbage and for collection of excess yard waste shall be in accordance with the special pickup fee schedule approved by the city manager. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 949 § 16-10 ATLANTIC BEACH CODE Sec. 16-10. Fees for collection. All residents, occupants and owners of premises in the city shall have accumulations of solid waste removed and disposed of by the franchisee, and for the service of solid waste removal shall pay the city the sums as promulgated by ordinance shown below for each type of service: (1) Residential: Monthly payments shall be computed by multiplying the initial number of residential units in the service area times seventeen dollars and ten cents ($17.10) per household for garbage, recycling, and yard waste. (2) Multifamily residential (curbside, all residential services): Monthly payments shall be computed by multiplying the initial number of residential units in the service area times seventeen dollars and ten cents ($17.10) per household for garbage, recycling and yard waste. (3) Multifamily residential recycling using toters: Monthly recycling bill shall be computed by multiplying the number of toters times nine dollars and fifteen cents ($9.15) times four and thirty-three hundredths (4.33) in accordance with subsection (11) below. (4) Multifamily (containers emptied by mechanical means): Monthly payments shall be computed by multiplying the total monthly yardage based on container size by the rate of five dollars and thirty-seven cents ($5.37) per cubic yard. For users of two (2) cubic yard containers, monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of six dollars and forty-six cents ($6.46) per cubic yard for containerized garbage. (5) Commercial (curbside, all residential services): Monthly payments shall be computed bymult p •ring number f busing, s units. in the service,times seventeen �=..xx.,3p, s �..� the tiuZiiu..r is uuvxaa�.u.a units 1' ura v.c.� arca times seventeen, dollars and ten cents ($17.10) per business for garbage, yard waste and recycling. (6) Commercial (curbside, garbage only, twice a week collection): Monthly payments shall be computed by multiplying the number of commercial toters times seventeen dollars and ten cents ($17.10) for garbage. (7) Commercial (containers emptied by mechanical means): Monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of five dollars and thirty-seven cents ($5.37) per cubic yard for containerized garbage based on container size. For users of two (2) cubic yard containers, monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of six dollars and forty-six ($6.46) per cubic yard for containerized garbage. (8) Commercial (roll -off containers): Monthly payments shall be computed by multiplying the total number of roll -off pulls by thirty-one dollars ($31.00) per yard (based on container size other than C&D containers). For roll -off compactors, monthly payments shall be computed by multiplying the total number of roll -off pulls by sixteen dollars and eleven cents ($16.11) per yard multiplied by container size. Supp. No. 34 950 SOLID WASTE AND RECYCLING § 16-13 (9) VIP compactors (FEL): Monthly payments shall be computed by multiplying the total monthly commercial yardage collected based on container size by the rate of fifteen dollars and sixty-nine cents ($15.69) per cubic yard for compacted containerized waste. (10) Special pickups including extra service, excess yard waste and commercial bulk pickups: Special pickups shall be billed at the rate listed in the schedule of standard charges approved by the city commission. (11) [Standardized billing.] For billing standardization purposes, monthly payments will be calculated assuming four and thirty-three hundredths (4.33) weeks per month. (Ord. No. 55-07-31, 3-26-07) Sec. 16-11. Annual review of fees. A review of residential and commercial solid waste rates shall be conducted annually by the director of finance and may be adjusted by ordinance as franchise rates are negotiated between the city and franchisee in accordance with contractual requirements and any unforeseen future disposal fees. (Ord. No. 55-07-31, 3-26-07) ARTICLE II. FRANCHISE AGREEMENTS Sec. 16-12. Residential and commercial solid waste collection franchise. This article shall be known and may be cited as the "Atlantic Beach Residential and Commercial Solid Waste Collection Franchise Ordinance." (Ord. No. 55-07-31, 3-26-07) Sec. 16-13. Grant of authority. (a) This article herein sets forth the conditions for the grant of exclusive right, privilege and franchise to provide residential and commercial solid waste collection services within the city. (b) Any franchise granted under the provisions of this article shall include the right to operate collection vehicles on the public streets of the city and to conduct a residential and commercial solid waste collection business within the city. (c) This article grants no authority to operate a residential and commercial garbage collection business to any individual, partnership or corporation. Such a grant can only be made by the award of a city solid waste franchise contract to a specific applicant who has complied with the provisions of this article. (d) So long as a franchisee shall perform the services set forth herein no other private refuse collector shall be permitted by the city to provide residential and/or commercial solid waste collection services within the city, except for services not covered under the solid waste franchise contract. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 951 § 16-14 ATLANTIC BEACH CODE Sec. 16-14. Franchise award procedures. (a) The city may award a franchise as described herein by approval of a majority of the commission. The city, prior to award of a franchise, shall issue request for proposals or bids. (b) After award of the franchise the franchisee shall have thirty (30) calendar days, unless extended by the city, to acknowledge acceptance by notarized signature execution of the solid waste franchise contract. The effective date of the franchise shall be stated in the franchise contract. (c) All provisions of the solid waste franchise contract shall be incorporated by reference as part of this article. (Ord. No. 55-07-31, 3-26-07) Sec. 16-15. Term. (a) The term of any franchise granted under this article shall be as stated in the solid waste franchise contract; however, the city reserves the right to terminate the same at any time during the term hereof if the franchisee defaults in any one (1) of the terms and conditions set forth in the franchise contract. (b) The term of the franchise may be extended for additional terms, as provided for in the solid waste collection franchise contract. Provided, however, in no manner shall this clause be construed to vest in the franchisee any right or option to extend the term of this franchise beyond the termination date set forth in subsection (a) of this section. (Ord. No. 55-07-31, 3-26-07) Sec. 16-16. Franchise fees. Franchise fees may be enacted by the city commission by ordinance, and may be charged in accordance with the same or the provisions of the franchise contract. Franchise fees may be a percentage of the gross revenue for one (1) or more types of waste collection services provided within the city limits, whether or not service is provided under the franchise contract or by the contract franchisee. For any services required to be performed under this franchise, the charges by the city to the recipients of the solid waste collection services shall be as set forth by city ordinance. (Ord. No. 55-07-31, 3-26-07) Sec. 16-17. Noncompliance. The franchisee shall not be required to collect any garbage, recyclable items or yard trash that does not comply with this chapter. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 952 SOLID WASTE AND RECYCLING § 16-22 Sec. 16-18. Private refuse collectors; collection of commercial recycling and con- struction and demolition debris. All persons and organizations desiring to engage in the business or activity of collecting construction and demolition (C&D) materials or commercial recycling within the city shall, as a prerequisite to doing so, obtain a construction and demolition and/or recycling collection franchise permit from the city manager or his designee. No person or organization shall engage in such business or activity within the city without first having obtained such a permit. This service will be performed under a separate contract between the contractor and the user. The contractor will bill the user directly for delivery, rental, collection and disposal. The rates for this service shall be agreed upon in advance including per pull and delivery costs, and costs for disposal. Contractors will pay a 20 -percent franchise fee to the city and will submit the fee to the city quarterly. Contractors shall provide the city records identifying the address, volume of collection, and such other information as requested by the city on the first of each month. (Ord. No. 55-07-31, 3-26-07) Sec. 16-19. City's collection exempt from sections 16-10 through 16-18. The provisions of these sections shall not apply to refuse, C&D materials or recycling collection services performed by the city whether directly or indirectly or by contract. The city's franchise service provider is exempt from this article. (Ord. No. 55-07-31, 3-26-07) Sec. 16-20. Application; fee action by city commission. Persons other than the city's franchise contractor desiring construction and demolition or recycling collection permits shall complete and submit to the city manager or his designee a franchise application form, together with an application fee in the amount of two thousand five hundred dollars ($2,500.00). The form of application shall be prescribed by the city manager and furnished to applicants by the city manager or his designee. Sufficient information shall be provided to give the city reasonable assurance that proposed hauling activities will not create noise, dust, odor, litter or other noxious conditions, that materials collected will be properly disposed of at authorized facilities and that the applicant has sufficient resources to carry out the proposed hauling activities. Any permit granted by the city manager pursuant to this section shall not exceed one (1) year in term. (Ord. No. 55-07-31, 3-26-07) Sec. 16-21. Issuance of permit. The city manager or his designee shall issue franchise permits for construction and demolition or recycling collection subject to the following requirements. (Ord. No. 55-07-31, 3-26-07) Sec. 16-22. Permit requirements and rules. All franchise permit holders shall comply with the following requirements and rules: (a) Liability insurance. Each permit holder shall secure and maintain a public liability insurance policy in the amount of not less than one million dollars ($1,000,000.00) for Supp. No. 34 953 § 16-22 ATLANTIC BEACH CODE one (1) person injured, and two million dollars ($2,000,000.00) for more than one (1) person injured, and property damage liability insurance of not less than one million dollars ($1,000,000.00). In addition, each permit holder must secure a total umbrella insurance policy of not less than five million dollars ($5,000,000.00). All policies must have the city listed as additional insured. Evidence of such insurance shall be deposited with the city manager or his designee prior to issuance of the permit. Upon request by the city, the permittee shall produce evidence of such continued coverage during the term of the permit. (b) Equipment. Permit holders within the city limits shall use only packer -type equipment or appropriate trucks for safely hauling roll -off type containers. (c) Sanitary conditions. Each permit holder shall clean the trucks and all containers from which they collect refuse as needed, but in no event less than once each month. (d) Customers. Permit holders shall serve only those customers who have signed an agreement for services provided. Such agreement shall specify the fee to be charged and any extra charges that may occur as a result of services being provided. (e) Identification of equipment. Each permit holder shall place and maintain the name, telephone number and permit number in a conspicuous place and display the same in a conspicuous manner on each vehicle operated by the company and each container serviced by them within the city. (f) Inspection. The city shall have the right to inspect all equipment used and all containers serviced by permit holders within the city. In the event any such equipment or cotwT nrc are determined to be unsafe r a....umaosr�i the n.am2+ holder s.^..xl have twenty-four (24) hours after notice of the deficiency within which to correct the deficiency. The permit holder shall have the right to appeal the decision of the city's inspector to the city commission. The safety requirements referred to are not meant to suspend any other requirement of the city Code or state law. (g) Personnel. Each permit holder shall devote sufficient personnel, time and attention to his refuse operation to assure a sanitary and safe operation within the city. To this end, the permit holder shall employ competent and sober personnel within the city. The permit holder shall employ no person convicted of a felony crime within two (2) years. Each permittee will prepare a written policy as part of its application, addressing hiring and retention of its employees with regard to driving violations and random testing for use of illegal substances. (h) Compliance with laws. Each permit holder shall comply with all applicable state and federal laws and regulations and especially those relating to wages and hours, and all other applicable laws pertaining to employment and protection of employees, now or hereafter in effect. Supp. No. 34 954 SOLID WASTE AND RECYCLING § 16-27 (i) Disposal of construction and demolition materials and recyclables. Each permit holder shall dispose of all construction and demolition materials or recyclables collected within the city at an approved and licensed disposal site. An alternate site may be used if approved by the city manager or his designee. (Ord. No. 55-07-31, 3-26-07) Sec. 16-23. Revocation or suspension of permits. Permit holders violating any of the provisions of this article may have their permits suspended by the city manager. Failure of the city manager to suspend a permit shall not constitute a waiver. The city manager reserves the right to revoke permits issued pursuant to this article for violation of this article or for other good cause. (Ord. No. 55-07-31, 3-26-07) Sec. 16-24. Permits not transferable. Permits issued pursuant to this article shall not be assignable or otherwise transferable. Any attempt at assignment or transfer shall automatically render the permit null and void. (Ord. No. 55-07-31, 3-26-07) Sec. 16-25. Authority of permit holders. Permits are authorized under this article to aid the city in fulfilling its responsibility for providing an adequate, safe and sanitary system of collecting, transporting and disposing of refuse from buildings and establishments which are not covered by the city's solid waste collection service franchise. (Ord. No. 55-07-31, 3-26-07) Sec. 16-26. Ownership of recyclable materials. All recyclable materials, once placed at a collection location or in a recycling container at a collection location, become the exclusive property of the city and/or its collection contractor. Recovery of recyclable materials from any solid waste generated or brought within the city must occur prior to the placing in a recyclable container at a collection location, and such recovery shall be subject to state and local public health and safety laws. (Ord. No. 55-07-31, 3-26-07) Sec. 16-27. Restrictions on removal of deposited recyclables. No person, firm or corporation shall be permitted to collect, vandalize or remove either recycling containers or recyclable materials placed in or near the recycling containers, designated collection locations and commercial dumpster locations unless previously autho- rized by the city. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 955 § 16-28 ATLANTIC BEACH CODE Sec. 16-28. Prima facie evidence of production of garbage; duty of city to inspect premises. Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated on the premises. It shall be the duty of the proper representatives of the city to inspect and supervise the premises and remove all refuse and garbage found on the premises, provided the required fees as required by this chapter have been paid by the resident or occupant, or to notify the proper persons if the removal is not the duty of the city. (Ord. No. 55-07-31, 3-26-07) Sec. 16-29. Enforcement. The police department, the public works department, the commission, the city manager or his designee, the building official and the code enforcement officer, shall enforce this chapter. All parties herein referred to are hereby authorized to sign complaints for violation of this chapter. (Ord. No. 55-07-31, 3-26-07) Sec. 16-30. Violations and penalties. The violation of any provision of this chapter shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both fine and imprisonment. (Ord. No. 55-07-31, 3-26-07) Sec. 16-31. Conflict of provisions. That all ordinances or parts of ui uiiiaiices iii conflict with i iu c iapte ax e, w "Lice ext etli alai, the same may conflict, are hereby repealed. (Ord. No. 55-07-31, 3-26-07) Sec. 16-32. Effective date. This chapter shall take effect on June 1, 2007, and shall be recorded in a book kept and maintained by the clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with F.S. § 125.68. (Ord. No. 55-07-31, 3-26-07) Supp. No. 34 956 [The next page is 995] UTILITIES § 22-22 Sec. 22-20. Fees to establish service or reestablish 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 reconnect fee of twenty dollars ($20.00) shall be charged. (c) If water service is turned off because of delinquency of payment, a reconnect 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/s 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. 34 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 inay be ie(CSSay to 1.Yed5LLlb 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 table: Supp. No. 34 1280 UTILITIES § 22-27 Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Meter Size in inches Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 Residential Single-family residential and single-family individ- ually -metered mobile homes $7.41 per account $8.15 per account $8.97 per account Multifamily residential 5.56 per unit 6.11 per unit 6.73 per unit Master -metered mobile homes 5.56 per site 6.11 per site 6.73 per site Travel trailers 5.56 per site 6.11 per site 6.73 per site Hotel/motel 5.56 per room 6.11 per room 6.73 per room Hotel/motel with kitchen 5.56 per room 6.11 per room 6.73 per room Commercial Master -metered commer- cial 7.41 per unit 8.15 per unit 8.97 per unit Restaurants, laundries, and car wash connections Based on meter size phase in table below Based on meter size phase in table below Based on meter size phase in table below All other commercial cus- tomers Based on meter size phase in table below Based on meter size phase in table below Based on meter size phase in table below Irrigation All residential 7.41 per account 8.15 per account 8.97 per account All commercial Based on meter size phase in table below Based on meter size phase in table below 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 in inches Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 5/8 or 3/4 $7.41 $8.15 $8.97 1 9.27 10.20 11.22 11/2 18.54 20.39 22.43 2 29.63 32.59 35.85 3 59.28 65.21 71.73 4 92.63 101.89 112.08 6 185.26 203.79 224.17 8 296.42 326.06 358.67 (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 individually -metered mobile homes, per account, as follows: Block Upper Limit (Gallons per month) Rate per Thousand Gallons Effective October 1, 2008 Effective October 1, 2009 1 3,000 $0.25 $0.28 $0.31 2 8,000 2.02 2.22 2.44 3 13,000 2.38 2.62 2.88 4 18,000 3.56 3.92 4.31 5 Over 18,000 5.37 5.91 6.50 (b) Multiple units and commercial accounts. There is hereby established an inclining Supp. No. 34 block volume charge for all multiunit residential and multiunit commercial 1281 § 22-27 ATLANTIC BEACH CODE accounts as follows: Block Upper Limit (Gallons per month) Rate per Thousand Gallons Effective October 1, 2008 Effective October 1, 2009 1 2,000 $0.25 $0.28 $0.31 2 Over 2,000 2.02 2.22 2.44 (c) Single unit irrigation. There is hereby established an inclining block irrigation volume charge for all single-family residential and single-family individually - metered mobile homes, per account, as follows: Block Upper Limit (Gallons per month) Rate per Thousand Gallons Effective October 1, 2008 Effective October 1, 2009 1 13,000 $2.38 $2.62 $2.88 2 18,000 3.56 3.92 4.31 3 Over 18,000 5.37 5.91 6.50 (d) Multiple unit and commercial irrigation. There is hereby established an inclining block volume charge for all multiunit residential irrigation accounts and all commercial irrigation accounts as follows: Block Upper Limit (Gallons per month) Rate per Thousand Gallons Effective October 1, 2008 Effective October 1, 2009 1 3,000 $0.25 $0.28 $0.31 2 Over 3,000 2.02 2.22 2.44 (3) Commercial 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; Ord. No. 80-07-74, § 1, 9-24-07) 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. 34 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. 34 1295 § 22-166 ATLANTIC BEACH CODE flow to the waste stream, or equivalent to a residence serviced by a three -fourths -inch water meter. The ERU factor for the commercial classification is based upon meter size as follows: Meter Size in inches Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 Residential Single-family residen- tial and single-family in- dividually -metered mo- bile homes, per account $15.51 $17.06 $18.77 Multifamily residential, per unit 11.64 12.80 14.08 Master -metered mobile homes, per site 11.64 12.80 14.08 Travel trailers, per site 9.32 10.25 11.28 Hotel/motel, per room 7.77 8.55 9.41 Hotel/motel with kitchen, per room 9.32 10.25 11.28 Commercial Master -metered com- mercial, per unit 15.51 17.06 18.77 Restaurants, laundries, and car wash connec- tions 15.51 x ERU factor 17.06 x ERU factor 18.77 x ERU factor All other commercial customers 15.51 x ERU factor 17.06 x ERU factor 18.77 x ERU factor The ERU factor for the commercial classification is based upon meter size as follows: Meter Size in inches ERU factor /8X314 1.00 1 1.28 11/2 2.08 2 2.88 3 5.60 4 10.00 6 20.00 8 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; Ord. No. 80-07-74, § 1, 9-24-07) 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 individually -metered mobile homes, per account, as follows: Supp. No. 34 1296 UTILITIES § 22-170 Block Upper Limit (Gallons per month) Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 1 3,000 $0.52 $0.57 $0.63 2 13,000 4.30 4.73 5.20 3 Over 13,000 0.00 0.00 0.00 (2) Multiunit residential and all commercial units as follows: Block Upper Limit (Gallons per month) Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 1 3,000 $0.52 $0.57 $0.63 2 Over 3,000 4.30 4.73 5.20 (b) Customers outide 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; Ord. No. 80-07-74, § 1, 9-24-07) 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 Commercial: Office buildings, per 100 square feet 40.00 Supp. No. 34 1297 § 22-170 ATLANTIC BEACH CODE Groceries, per 100 square feet 20.00 Retail shops, per restroom 1,260.00 Theatres, per seat 16.00 Restaurants, per seat 160.00 Service stations, per restroom 3,150.00 Car wash, self-service, per stall 1,850.00 Car wash, roll-over 11,850.00 Car wash tunnel 17,750.00 Beauty shops/barber shops, per chair 630.00 Laundromats, per machine 790.00 Hotels/motels, per restroom 475.00 (Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-171. Payment of connection fees and impact fees. Payment of connection fees shall be due and payable prior to the issuance of a building permit. For new and existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, a release of lien shall be recorded. (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-172. Disposition of impact fees. All revenues collected by the city through sewer impact fees shall be held in a special account to be known as the wastewater system capital improvement account. The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be computed as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Supp. No. 34 1298 UTILITIES § 22-190 Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten (10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charge. If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96; Ord. No. 80-03-67, § 4, 9-22-03) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner. tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Secs. 22-176-22-180. Reserved. Editor's note—Ord. No. 80-04-69, § 2, adopted July 26, 2004, repealed §§ 22-176-22-180, which pertained to the city sewage system and derived from Ord. No. 80-85-28, adopted Nov. 11, 1985. Secs. 22-181-22-190. Reserved. Supp. No. 34 1298.1 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(III, B, 2)-2(III, B, 4), 2(III, C, 1)-2(III, C, 3), 2(III, V, 1), 2(III, E, 1)-2(III, E, 5), 2(III, F, 1), 2(III, F, 2), 2(III, G, 1), 2(III, H, 1)-2(III, H, 18), 2(IV, A, 1)-2(IV, A, 3), 2(IV, B, 1)-2(1V, B, 6), 2(IV, C, 1), 2(1V, C, 2), 2(IV, D, 1)-2(IV, D, 5), 2(IV, E, 1)-2(IV, E, 8); Ord. No. 90-82-72, 1-10-83, § 1; Ord. No. 96-82-76, 1-10-83, § 1; Ord. No. 90-83-80, 6-27-83, §§ I-V; Ord. No. 90-83-81, 7-11-83, § 1; Ord. No. 90-83-82, 12-12-83, § 1; Ord. No. 90-85-91, 7-8-85, § 1; Ord. No. 90-85-92, 7-8-85, § 1; Ord. No. 90-85-95, 10-14-85, §§ 1, 2; Ord. No. 90-85-96, 10-14-85, § 1; Ord. No. 90-85-97, 1-13-86, §§ 1, 2; Ord. No. 90-85-98, 1-13-86, § 1; Ord. No. 90-86-100, 2-24-86, §§ 1, 2; Ord. No. 90-86-104, 6-23-86, § 1; Ord. No. 90-86-102, 7-14-86, §§ 1, 2; Ord. No. 90-86-105, 7-14-86, §§ 1-3; Ord. No. 90-86-108, 9-8-86, § 1; Ord. No. 90-86-103, 11-10-86, § 1; Ord. No. 90-86-113, 1-12-87, §§ 1, 2; Ord. No. 90-87-117, 3-9-87, § 1; Ord. No. 90-87-119, 4-27-87, § 1; Ord. No. 90-87-124,10-12-87, § 1; Ord. No. 90-87-127,1-11-88, § 1; Ord. No. 90-88-128, 1-25-88, § 1; Ord. No. 90-88-132, 7-25-88, § 1; Ord. No. 90-88-134, 8-8-88, § 1; Ord. No. 90-88-136, 10-24-88, § 1; Ord. No. 90-88-138, 3-27-89, § 1; Ord. No. 90-89-141, 4-24-89, § 1; Ord. No. 95-89-146, 8-28-89, § 1; Ord. No. 90-90-151, 6-25-90, § 1; Ord. No. 90-90-153, 8-28-90, § 1; Ord. No. 90-90-155, 7-22-91, § 1; Ord. No. 90-92-157, 5-26-92, § 1; Ord. No. 95-95-65, 12-11-95, § 1; Ord. No. 45-97-12, 2-24-97, § 1; Ord. No. 90-99-168, 6-28-99, § 1; Ord. No. 90-01-170, 2-26-01, § 1. Cross references -Any ordinance amending the zoning map saved from repeal, § 1-5(9); buildings and building regulations, Ch. 6; flood hazard areas, Ch. 8; mobile homes and recreational vehicles, Ch 10; planning/zoning appeals, Ch. 14; signs and advertising struc- tures, Ch. 17; streets, sidewalks and other public places, Ch. 19. State law reference -Local Government Comprehensive Planning Act, F.S. § 163.3161 et seq. Supp. No. 34 1403 § 24-1 Art. IV. Art. V. Art. VI. ATLANTIC BEACH CODE 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 Environmental and Natural Resource Regulations, §§ 24-261-24-268 Div. 1. Wellhead Protection, §§ 24-261-24-268 Concurrency Management System and Proportionate Fair -Share, §§ 24- 269-24-284 Div. 1. Concurrency Management System, §§ 24-269-24-275 Div. 2. Proportionate Fair -Share Mitigation of Development Impacts on Trans- portation Corridors, §§ 24-276-24-284 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 property; to prevent the overcrowd- ing of land; to promote, protect and improve the health, safety, comfort, good order, appearance, convenience, morals and general welfare of the public; and to help accomplish the goals and objectives of the comprehensive plan. Further, (1) In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the community. (2) It is not intended by this chapter to interfere with or abrogate or 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 Supp. No. 34 1404 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-2 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. 34 1404.1 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-85 (b) Nonconforming lots of record. (1) Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located, but was a legally established and documented lot of record prior to the adoption of this Code or previous codes and applicable City of Atlantic Beach ordinances, such lot or parcel of land may be used for one (1) single-family dwelling in any residential zoning district, provided the minimum yard requirements for that residential zoning district are maintained, or provided that the owner of said lot has obtained a variance from the community development board, in accordance with the requirements of section 24-64 of this chapter. (2) In any residential zoning district, on a legally established and documented noncon- forming lot of record that existed prior to the initial effective date of these land development regulations, a structure may be expanded or enlarged provided such expansion or enlargement complies with other provisions of this chapter, including yard requirements or with the terms of a valid variance. (3) After the initial effective date of these land development regulations, no single-family, townhouse, two-family (duplex) or multi -family structure shall be allowed on a single-family residential lot or a combination of such lots unless the total lot area proposed for development complies with the regulations as set forth within this chapter and with the density limitations as set forth within the comprehensive plan, unless otherwise exempted in preceding paragraph (1) or in accordance with a valid unexpired vesting determination. (4) After the initial effective date of these land development regulations, no lot or parcel in any zoning district shall be divided to create a lot with area or width below the requirements of this chapter and the comprehensive plan. (c) Nonconforming structures. (1) No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including building setbacks, or unless a variance has been obtained from the community development board, in accordance with the requirements of section 24-64 of this chapter. (2) Any nonconforming structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building permits shall be required. (3) A nonconforming structure may be maintained, and repairs and alterations may be made subject to the provisions of this section. Building permits shall be required. (4) No additional structure not conforming to the requirements of this chapter shall be constructed in connection with the nonconforming use of land. (5) Any existing nonconforming structure that is encroaching into public right-of-way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. Supp. No. 34 1449 § 24-85 ATLANTIC BEACH CODE (6) Residential structures which were lawfully existing, but nonconforming with respect to required building setbacks may be reconstructed within the previously existing footprint, provided that where any exterior side wall is reconstructed, a minimum five-foot side yard setback shall be required. This provision shall apply only to reconstruction following damage that has occurred from an unintended act, including fire and weather-related events, and not from an intentional act of the property owner or occupant, in which case the required building setbacks of the particular zoning district shall be required. (d) Nonconforming uses. (1) Continuation of nonconforming uses. Uses of land which were lawfully created at the time such uses were established, but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan, may be continued so long as they remain otherwise lawful and in compliance with the provisions of this section. (2) Relocation or expansion of nonconforming uses. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located, nor shall a nonconforming use be expanded or enlarged. (3) Discontinuance of nonconforming uses. In the event that a nonconforming use of land is discontinued or abandoned for a period of six (6) months or longer, any subsequent use of such land shall conform to the applicable zoning district regulations as set forth within this chapter as well as applicable provisions of the comprehensive plan. (4) In the event that more than fifty (50) percent of the value of a nonconforming structure, which is occupied by a nonconforming use, is destroyed, the structure shall not be reoccupied by any nonconforming use and shall be reconstructed only in compliance with the provisions of this chapter. In determining the value of a nonconforming structure, either the assessed value or the appraised value may be considered, subject to approval of the building official. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-07-201, § 1(Exh. A), 8-13-07) Sec. 24-86. Special treatment of lawfully existing residential uses affected by future amendments to the official zoning map or amendments to the land development regulations. (a) Changes to the official zoning map. In the case where a change in zoning district classification is made to the official zoning map, any lawfully existing two-family (duplex) dwelling or townhouse, and any related accessory use, which has been constructed pursuant to properly issued building permits, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family (duplex) dwelling or townhouse and any related accessory use shall, for that particular use and structure(s), not be considered as a nonconforming use or structure such Supp. No. 34 1450 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-87 that it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. (b) Amendments to the land development regulations. Any lawfully existing two-family (duplex) dwelling or townhouse, and any related accessory use, which has been constructed pursuant to properly issued building permits prior to the initial effective date of these land development regulations, shall be deemed a vested development, and any two-family (duplex) dwelling or townhouse, and any related accessory use shall be considered a lawful permitted use within the lot containing the vested development. Furthermore, an existing two-family (duplex) dwelling or townhouse, and related accessory use shall, for that particular use and structure(s), not be considered as a nonconforming use or structure such that it may be fully replaceable in its existing footprint. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-87. Replacement of lawfully existing residential uses including those dam- aged or destroyed by fire, weather-related or other unintended acts. The following provisions clarify when a residential use, which may be a nonconforming use, can be replaced following an event which results in the loss of a dwelling or substantial damage to a dwelling such that replacement is desired by the property owner. These provisions shall apply only to damage occurring from an unintended act, including fire and weather- related events and not from an intentional act of the property owner or occupant. (a) Single-family dwellings. Any lawfully existing single-family residential use, which has been constructed pursuant to properly issued building permits, shall be deemed a vested use such that the residential use may be replaceable. (b) Two-family dwellings. Any lawfully existing two-family (duplex) dwelling or townhouse may be replaced in accordance with the provisions of preceding section 24-86. (c) Multifamily dwellings. Any lawfully existing multifamily residential use, which has been constructed pursuant to building permits properly issued prior to the December 13, 1990, effective date of Ordinance No. 95-90-48 adopting the original comprehensive plan for the City of Atlantic Beach, shall be deemed a vested use such that the multifamily dwellings may be replaceable. In no case shall the number of residential units be increased except in compliance with the applicable density limitation of the comprehensive plan, as may be amended. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-07-201, § 1(Exh. A), 8-13-07) Supp. No. 34 1451 § 24-88 ATLANTIC BEACH CODE Sec. 24-88. Garage apartments (as allowed in combination with private garages). In any residential zoning district, where a lot has a width of fifty (50) feet or more and extends from street to street (or street to ocean front in the case of ocean -front lots), a single garage apartment in combination with a private garage may be constructed on such double frontage lots (see section 24-84) subject to the following provisions. (1) The structure containing the private garage and the garage apartment shall not exceed twenty-five (25) feet in height. (2) The total floor area of the structure containing the private garage and the garage apartment shall not exceed seventy-five (75) percent of the heated and cooled area of the principal dwelling. (3) There shall be not less than twenty (20) feet between the principal dwelling and the structure containing the private garage and the garage apartment. (4) The use restrictions and the minimum yard requirements that apply to the principal dwelling shall also apply to the structure containing the private garage and the garage apartment. (5) A garage apartment shall not be leased or rented for less than ninety (90) consecutive days. (6) A structure containing a private garage and a garage apartment shall remain in joint ownership with the principal dwelling and shall not be subdivided from the lot on which the principal structure is located. (7) Any existing structure containing a private garage and garage apartment that is encroaching into the public right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such encroachment is removed from the right-of-way. A private garage and garage apartment, which does not encroach into the street right-of-way, may be rebuilt, remodeled or structurally altered within the existing footprint, or in compliance with applicable minimum yard requirements, provided that the maximum height of building shall not be exceeded and subject to applicable permitting requirements. (8) Development of garage apartments occurring after the initial effective date of these land development regulations shall be consistent with the density limitations as set forth within the adopted comprehensive plan, as may be amended. (Ord. No. 90-03-184, § 2, 12-8-03) Supp. No. 34 1452 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-158 Sec. 24-156. Exceptions to height limitations. Upon specific application, the city commission may make exceptions to the maximum height of buildings as set forth within this chapter only within nonresidential zoning districts and only in accordance with the following: (a) In no case shall approval be granted for any height of building within the city exceeding thirty-five (35) feet, except in accordance with section 59 of the City Charter. (b) Requests to exceed the maximum height of building for certain elements of a building may be considered and approved only within nonresidential land use categories and for nonresidential development. Further, any such nonresidential increase to the maxi- mum height of building shall be limited only to exterior architectural design elements, exterior decks or porches, and shall exclude signage, storage space or habitable space as defined by the Florida Building Code and shall be approved only upon demonstra- tion that the proposed height is compatible with existing surrounding development. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-07-200, § 1, 7-9-07) Sec. 24-157. Allowable height of fences and walls. (a) Within required front yards, the maximum height of any fence or wall shall be four (4) feet. (b) Within required side or rear yards, the maximum height of any fence or wall shall be six (6) feet. (c) On corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street, provided, however, that clear vehicular and pedestrian sight distance shall be maintained at any street intersection. (d) The height of fences and walls shall be measured from grade to the top of the fence or wall. Where a fence or wall is erected at the junction of properties with varying elevations, the height of the fence or wall shall be measured from the side with the lowest elevation. The use of dirt, sand, rocks or similar materials to elevate the height of a fence or wall on a mound is prohibited. (e) The maximum height of retaining walls on any lot is four (4) feet. A minimum of forty (40) feet shall separate retaining walls designed to add cumulative height or increase site elevation. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-158. Guardhouses and security buildings. (a) Guardhouse or security building shall mean any structure designed, built or used exclusively for the shelter and on -duty accommodation of persons engaged in the protection, guarding and security of persons and property. Supp. No. 34 1485 § 24-158 ATLANTIC BEACH CODE (b) Upon specific approval of an application for a building permit to install, construct or place guardhouse or security building and issuance of a building permit, a guardhouse or security building may be erected, installed, placed or constructed within any zoning district. (c) Any person or party desiring to erect, install, place or construct any guardhouse or security building shall apply to the building official. Such application shall meet all require- ments of applications for building permits and shall be accompanied by the building permit fee required by the city for commercial structures. (d) Upon receipt of the application and filing fee, the city shall, as soon as practical, either approve and authorize issuance of the permit, or deny the same. If the permit is authorized, the building official shall issue a building permit for the guardhouse or security building. (e) No guardhouse or security building shall be occupied until it has passed all building inspections and a certificate of occupancy has been issued for the building. (f) When any guardhouse or security building has ceased to be used for such purpose as defined in this section, and the guardhouse or security building does not meet all setback, square footage, electrical, plumbing or other requirements necessary for the issuance of a building permit as a principal use, accessory use or use -by -exception in the zoning district where the building is located, it shall be removed at the owner's expense unless the city authorizes a continued use. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-159. Home occupations. (a) Intent. Certain home occupations may be approved through the use -by -exception prnr'Prdiirt in nrr7or t� arlr�ress the rlosirn of people to con,l of 1 m'f-,..l m"1l ..a h.-. .,lll 1 .,^ .�.n .�<r :..�. vr�..- vN = tvvuz>tW of t{.3.vV Malta Uti holm; occupations within a personal residence. A home occupation shall not change the residential character or exterior appearance of a property, shall not increase traffic in residential neighborhoods and shall not create any adverse impacts to the surrounding residential neighborhood. (b) Home occupations shall be approved in accordance with section 24-63. The following provisions regulations shall also apply to all activities approved as a home occupation: (1) The address of the home occupation shall not be advertised as a business location. (2) No one other than immediate family members residing on the premises shall be involved in the home occupation. There shall be a limit of one (1) occupational license per person, and no more than two (2) licenses per household. Home occupations shall not be transferable from one (1) location to any other location. (3) All business activities conducted on the licensed premises shall be conducted entirely within the dwelling. There shall be no outside storage or outside use of equipment or materials and not more than one (1) vehicle, trailer or the like, which is associated with the business activity, shall be parked on the licensed premises. Supp. No. 34 1486 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-159 (4) No more than one (1) room of the dwelling shall be used to conduct the home occupation, provided the area of that room does not exceed twenty-five (25) percent of the total living area of the dwelling. (5) No external sign or evidence that the dwelling is being used for any purpose other than a residence shall be allowed. (6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare, fumes, odors or electrical interference as a result of the home occupation. Evidence of such shall result in revocation of the home occupation approval. (7) The city commission may attach additional provisions and conditions, as appropriate, to the approval of any home occupation. (c) The following are typical activities that may be acceptable as home occupations: recognized professional services with characteristics that exceed the definition of a home office, such as accountant, attorney, bookkeeper, insurance agent, consultant, real estate agent, secretarial services, architect; and artist, auctioneer, seamstress or tailor, music instructor, photographer, piano tuner, telephone answering service, hobby and crafts not involving equipment, and licensed massage therapist with no treatment of clients on premises. (Activities meeting the definition of a home office shall not require approval as a use -by - exception.) (d) The following occupations and activities shall be prohibited as home occupations: (1) Escort, modeling or introduction services. (2) Masseuse or massage therapy with treatment on premises. (3) Welding or any type of metal fabrication. (4) Repair, maintenance or detailing or sale of automobiles, boats, motorcycles, trailers or vehicle of any kind. (5) Cabinet or furniture making. (6) Upholstery or canvas work. (7) Building, or manufacture or repair of boats, surfboards and the like. (8) Fortune tellers, psychics and similar activities. (9) Beauty shops or barbers. (10) Antique or gift shops. (11) Tow truck service. (12) Grooming or boarding of animals. (13) Any other activity as determined by the city commission to be inappropriate as a home occupation. Supp. No. 34 1487 § 24-159 ATLANTIC BEACH CODE (e) Home occupations shall not be permitted in areas that are restricted by deed when such documents are recorded in the public records of Duval County and on file with the City Clerk of the City of Atlantic Beach. (f) All other business activities, not specifically approved as home occupations, shall be restricted to the appropriate commercial zoning districts. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above- ground tanks. (a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall be shielded from view except during time periods typically associated with refuse collection. Any structure, which serves the purpose to contain or shield such containers, shall not be located within rights-of-way and shall not create any interference with clear vehicular and pedestrian travel or sight distance. (b) Within commercial zoning districts, dumpsters, trash receptacles, above ground tanks and similar structures and containers shall be screened from view by fencing or landscaping, or shall be located so that these are not visible from adjacent properties or streets. Above ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon determination by the director of public safety that a threat to security and public safety may result from screening such tank(s) from view. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-Th1. oft -street parking and wading. (a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be provided at the time of the construction or expansion of any building for the uses listed in this section. Parking areas shall be arranged for convenient access and the safety of pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to prevent encroachment onto adjacent properties; and when lighted, lights shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct stormwater facilities, drainage swales or clear vehicular sight distance. Excess surface parking is discouraged, and in no case shall the number of extra surface parking spaces exceed ten (10) spaces or ten (10) percent, whichever is greater. Parking calculations demonstrating provision of required parking shall be provided with all building permit applications submitted for review. Required parking shall be maintained for the duration of the use it serves. (b) General requirements and limitations for parking areas. (1) Adequate drainage shall be provided, and parking areas shall be maintained in a dustproof condition kept free of litter and debris. Supp. No. 34 1488 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-161 (2) All parking areas shall be paved unless an alternative surface is approved by the director of public works. Any such alternative surface shall be maintained as installed, and shall be converted to a paved surface if a failure to maintain results in adverse drainage or aesthetic impacts. (3) Parking for residential uses shall be located within paved or stabilized driveways, private garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or landscaped portions of public rights-of-way adjacent to the lot. (4) There shall be no sales, service or business activity of any kind within any parking area. (5) Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor main- tenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (6) Applications to vary from the requirements of this section shall follow the procedures set forth in subsections 24-64 (a) and (b). The community development board may approve such application only upon finding that the intent of this section as set forth in preceding paragraph (a) is met. (c) Plans required. A composite site plan depicting the arrangement and dimensions of required parking and loading spaces, access aisles and driveways in relationship to the buildings or uses to be served shall be included on all plans submitted for review. (d) Measurement. Where floor area determines the amount of off-street parking and loading required, the floor area of a building shall be the sum of the horizontal area of every floor of the building. In places of public assembly in which occupants utilize benches, pews or similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet of floor area where no seating is provided, shall be considered one (1) seat. When computations result in requirement of a fractional space, a fraction equal to or more than one-half (1/2) shall require a full space. (e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this section shall be the same as required for the use most similar to the one sought, it being the intent of this section to require all uses to provide adequate off-street parking and loading. (f) Location of required off-street parking spaces. (1) Parking spaces for residential uses shall be located on the same property with principal building(s) to be served. (2) Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away, provided that required off-street parking shall in no case be separated from the use it serves by arterial streets or major Supp. No. 34 1489 § 24-161 ATLANTIC BEACH CODE collector streets, or other similar barriers to safe access between parking and the use. A shared parking agreement shall be required where off-site parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak -hour parking needs. (3) Off-street parking for all uses other than single and two-family residential shall be designed and constructed such that vehicles are not required to back into public rights-of-way. Parking spaces shall not extend across rights-of-way including any public or private sidewalk or other pedestrian thoroughfare. (4) Off-street parking spaces for any use shall not be located where, in the determination of the director of public safety, an obstruction to safe and clear vehicular sight distance would be created when vehicles are parked in such spaces. (g) Design requirements. (1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet, except that smaller dimensions may be provided for single-family residential lots, provided that adequate on-site parking is provided to accommodate two (2) vehicles. (2) Accessible parking spaces shall comply with the accessibility guidelines for buildings and facilities (ADAAG), and shall have a minimum width of twelve (12) feet. (3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12) feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet. (4) Parking lots containing more than five (5) rows of parking in any configuration shall provide a row identification system to assist patrons with the location of vehicles, and internal circulation shall be designed to minimize potential for conflicts between vehicles and pedestrians. (h) Parking space requirements. Where existing uses, which do not provide the required number of off-street parking spaces as set forth within this paragraph 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. (1) Auditoriums, theaters or other places of assembly: One (1) space for every four (4) seats or seating places. (2) Bowling alleys: Four (4) spaces for each alley. (3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for each four hundred (400) square feet of gross floor area. (4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating places. (5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater. Supp. No. 34 1490 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-161 (6) All residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (11/2) spaces for each hospital bed. (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof. (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area. (10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises. (11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area. (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees. (13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees. (14) Professional office uses: One (1) space for each four hundred (400) square feet of gross floor area. (15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where service occurs shall be included. (16) Rooming and boardinghouses: One (1) space for each guest bedroom. (17) Schools and educational uses. i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-off and pick-up area. (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area. (i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. Supp. No. 34 1491 § 24-161 ATLANTIC BEACH CODE (j) Additional requirements for multifamily residential uses. New multifamily residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multifamily development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach -going visitors. (k) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single-family and two-family residential uses, shall provide bicycle parking facilities on the same site, and such facilities shall be located as close to the building entrance as possible, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such bar=rier so to protect parked bicycles from damage by cars. (2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or components shall be provided. Bicycle parking shall be located in areas of high visibility that are well lighted. (1) Parking areas and tree protection. Where protected trees exist within a proposed parking area, and where more than ten (10) spaces are required, the city manager may reduce the number of required spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan shall be provided to and approved by the city manager. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-07-200, § 2(Exh. A), 7-9-07) Sec. 24-162. Parking lots. Off-4treet narking 1(ltG m',Py bo permissible use.. by exception all ',lenti.,l _. _xy � a �,�-z-„w�,t,.. E, w.,” ,.,y .,�iC..rs.,..�.> in cta non t�i.3ru�;1iL1Ctii zoning districts where such lots are within four hundred (400) feet of the property requiring off-street parking and provided such parking lots shall also conform to the following: (1) A wall, fencing, shrubbery or as otherwise required by the community development board and the city commission shall be erected along edges of portions of such parking. (2) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district. (3) There shall be no sales, service or business activity of any kind in any parking area. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. (1) The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight shall be prohibited in all residential zoning districts. Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle weight, recreational vehicles, and trailers of all types, Supp. No. 34 1492 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-163 including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle of less than twelve thousand five hundred (12,500) pounds shall be permitted any residential lot, and such commercial vehicle shall be parked a minimum of twenty (20) feet from the front lot line. Such commercial vehicle shall be used in association with the occupation of the resident. (2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products or other hazardous materials be permitted to be parked or stored either temporarily or permanently in any residential zoning district. (3) Commercial construction equipment or trailers containing construction equipment shall not be parked or stored on any residential lot except in conjunction with properly permitted, ongoing construction occurring on that lot. (b) Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions. (1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line. (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall not be parked or stored in any zoning district. Further, mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (d) No materials, supplies, appliances or equipment used or designed for use in commercial or industrial operations shall be stored in residential zoning districts, nor shall any home appliances or interior home furnishings be stored outdoors in any residential zoning district. Supp. No. 34 1492.1 § 24-163 ATLANTIC BEACH CODE (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connection with the construction of a building on the property, which has been approved in accordance with the terms of this chapter or to commercial or recreational vehicles parked within completely enclosed buildings. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-164. Swimming pools. Swimming pools and ornamental pools shall be located, designed, operated, and maintained so as to minimize interference with any adjoining residential properties, and shall be subject to the following provisions. (1) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be arranged so as not to directly illuminate adjoining properties. (2) Setbacks: The following setbacks shall be maintained for any swimming pool or ornamental pool: a. For swimming pools, the front setback shall be the same as required for a residence located on the parcel where the swimming pool is to be constructed, provided, that in no case shall the pool to be located closer to a front line than the principal building is located; except that a pool may be located in either yard on a double frontage lot along the Atlantic Ocean and provided that no pool on such lots is located closer than five (5) feet from any lot line. Supp. No. 34 1492.2 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-270 (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) ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM AND PROPORTIONATE FAIR -SHARE DIVISION 1. CONCURRENCY MANAGEMENT SYSTEM Sec. 24-269. Purpose and intent. (a) The purpose of a concurrency management system is to provide the necessary regula- tory mechanism for evaluating development orders to ensure that the level of service standards, as set forth within the adopted comprehensive plan of the City of Atlantic Beach, as may be amended, are maintained. The system consists of three (3) primary components: (1) An inventory of existing public facilities for which concurrency is to be determined; (2) A concurrency assessment of each application for a final development order; and (3) A schedule of improvements needed to correct any existing public facility deficiencies. (b) The intent of this system as expressed by the Florida Legislature is to: ensure that issuance of a development order is conditioned upon the availability of public facilities and services necessary to serve new development (Rule 9J-5.0055, F.A.C.). However, development orders may be conditioned such that needed public facility improvements will be in place concurrent with the impacts of the proposed development, except that transportation concur- rency requirements can be met through the proportionate fair -share program as set forth herein. (c) The terms "development order" and "development permit," including any building permit, zoning permit, subdivision approval, rezoning, special exception, variance, or other official action of the local government having the effect of permitting the development of land, may be used interchangeably within these land development regulations and shall have the meaning as set forth in section 24-17 of this chapter and within Florida Statutes. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-270. Administrative responsibility. (a) The city manager, or the city manager's designee, shall be responsible for the three (3) primary tasks required to implement the concurrency management system. These three (3) tasks are: (1) Maintaining an inventory of existing public facilities and capacities or deficiencies; Supp. No. 34 1531 § 24-270 ATLANTIC BEACH CODE (2) Providing advisory concurrency assessments and recommending conditions of ap- proval to the city commission for those applications for development orders which require city commission approval; and (3) Reporting the status of all public facilities covered under this system to the city commission during the annual budget process and to the department of community affairs, as may be required. (b) The city manager, or the city manager's designee, shall also collect and make available to the public information on those facilities listed in the capital improvements element of the comprehensive plan. This information shall be updated yearly and shall be available during the annual budget preparation process. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-271. Applicability. Prior to the approval and issuance of a development order, all applications shall be reviewed for concurrency consistent with the provisions and requirements of this concurrency manage- ment system. Development orders may be issued only upon a finding by the city that the public facilities addressed under the concurrency management system will be available concurrent with the impacts of the development, or as otherwise provided for within the transportation element of the comprehensive plan, as may be amended and in accordance with state statutes and rules relating to concurrency. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-272. Projects not requiring a concurrency certificate. (a) Development orders, including building permits issued for single-family and two-family residential development upon existing lots of record, and those issued solely for alteration, remodeling, reconstruction, or restoration of residential units provided that such permits do not authorize an increase in the number of dwelling units; and for nonresidential uses, those permits that do not authorize an increase in the square feet of the development shall be deemed "no impact" projects and shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify this provision in accordance with concurrency review procedures. (b) Applications for development orders for projects, which are deemed to have no impact upon public facilities and services as defined in the preceding paragraph or to have a de minimis transportation impact as defined by state law, or projects which have acquired statutory or common law vested rights, shall not require a concurrency certificate. It shall be the applicant's responsibility to demonstrate and certify consistency with this provision in accordance with concurrency review procedures. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-273. Application and review and approval requirements. (a) The city shall provide administrative procedures to implement the concurrency man- agement system. The provisions and requirements of the concurrency management system shall apply only to those facilities listed in the capital improvements element of the comprehensive plan. Supp. No. 34 1532 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-274 (b) All applicants for development orders shall be required to provide information as deemed necessary by the city so that the impacts of the proposed development may be accurately assessed. Development subject to transportation concurrency review shall at a minimum provide a traffic impact study identifying proposed uses, applicable ITE land use codes, building size and number of dwelling units, as applicable, using trip generation rates or equations contained in the most recent version of the ITE Trip Generation informational report. (c) The applicant shall submit, in writing, the methodology proposed to be used in the trip generation analysis and traffic impact study prior to conducting the study. Any transportation - related studies shall be performed by qualified professionals using currently accepted traffic engineering principles. The methodology shall be subject to review and approval by the city's director of public works or other transportation professionals as may be engaged and designated by the city manager for this purpose. The distribution and assignment of project traffic shall be made in accordance with the approved methodology and in conformity with accepted traffic engineering principles, such as those documented in NCHRP Report 187, "Quick -Response Urban Travel Estimation Techniques and Transferable Parameters - Users Guide". (d) Where a determination of available concurrency is made, a concurrency certificate shall be issued setting forth terms and conditions of the approval. In the case that a concurrency certificate is revoked, denied or expires, the capacity reserved for that project is released for use. (e) Once a concurrency certificate is issued, any change in land area, use, intensity, density or timing and phasing of the approved project which results in increased impacts to public facilities and services, shall require modification to the concurrency certificate in accordance with established procedures. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-274. Timing and completion of required public facility improvements. In order to ensure that all public facilities included within this concurrency management system are available concurrent with the impacts of development, concurrency shall be determined during the review and approval process as applicable for the proposed develop- ment and prior to the issuance of a final development order. All final development orders shall specify any needed improvements and a schedule for their implementation consistent with the requirements of this article. Thus, while some required improvements may not have to be completed until a certificate of occupancy is applied for, the requirements for the certificate of occupancy, or functional equivalent, shall have previously been established as a binding condition of approval of the original final development order. If a development proposal cannot meet the test for concurrency, then it may not proceed under any circumstances, and no development orders may be issued. Likewise, if a development fails to meet a condition of approval once it has commenced, then no additional development orders, permits, or certificate of occupancy shall be issued. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Supp. No. 34 1533 § 24-275 ATLANTIC BEACH CODE Sec. 24-275. Capacity and level of service inventory. The city manager, or the city manager's designee, shall collect and make available to the public as may be requested, information on capital facilities as identified within the capital improvements element of the adopted comprehensive plan. The information shall be available during the annual budget preparation process. The provisions and requirements of the concurrency management system shall apply only to those facilities as listed within the comprehensive plan. The following data shall be maintained and shall be used for the purpose of concurrency assessment of the impacts of new development. (a) Transportation and roadway facilities. (1) Design capacity of different roadway types. (2) The existing level of service measured by the average annual number of trips per day on a roadway link as reported by the Florida Department of Transportation or the city. (3) The adopted level of service standards for all roadway types. (4) The existing remaining capacities or deficiencies of the roadway network. "Deficient" shall be defined as any location where the existing or projected peak -hour traffic volume (existing traffic, plus vested development traffic, plus reserved development traffic, plus project traffic) exceeds one hundred (100) percent of the maximum service volume of the adopted level of service standard, or other calculated capacity as approved by the city. (5) The capacities reserved for approved but unbuilt development. (6) The projected capacities or deficiencies due to approved but unbuilt development. (7) The improvements to be made to the roadway network in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (8) The improvements to be made to the roadway network in the current fiscal year by the city, the City of Jacksonville, the State of Florida Department of Transportation, or other public agency and the impact of such improvements on the existing capacities or deficiencies. (9) Development that has de minimis impacts for concurrency (to ensure that the one hundred ten (110) percent criteria pursuant to state requirements are not exceeded). (b) Sanitary sewer. (1) The design capacity of the wastewater treatment facilities. (2) The existing level of service measured by the average number of gallons per day per unit based on the average flows experienced at the treatment plant and the total number of equivalent residential units within the service area. (3) The adopted level of service standard for average daily flow per equivalent residential unit. Supp. No. 34 1534 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-275 (4) The existing deficiencies of the system. (5) The capacities reserved for approved but unbuilt development within the service area of the system. (6) The projected capacities or deficiencies due to approved but unbuilt development within the city or the service area of the system. (7) The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (8) The improvements to be made to the facility in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (c) Potable water. (1) The design capacity of the city's potable water supply. (2) The existing level of service measured by the average daily flow in gallons per unit based on the total number of equivalent residential units within the service area. (3) The adopted level of service standards for the potable water system. (4) The existing capacities or deficiencies of the system. (5) The capacities reserved for approved but unbuilt development within the city and the service areas. (6) The improvements to be made to the facility in the current fiscal year by an approved development pursuant to previously issued development orders and the impact of such improvements on the existing capacities or deficiencies. (7) The improvements to be made to the facility in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (d) Solid waste disposal. (1) The design capacity of solid waste disposal facilities located in the city. (2) The existing level of service measured by the amount of solid waste collected and requiring disposal on a per capita basis. (3) The adopted level of service standard for solid waste. (4) The capacities required for approved but unbuilt development. (5) The projected restraining capacities or deficiencies due to approved but unbuilt development. (6) The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (7) The improvements to be made to the system in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. Supp. No. 34 1535 § 24-275 ATLANTIC BEACH CODE (e) Stormwater and drainage. (1) The existing level of service measured by storm events as determined by the city. (2) The adopted level of service standards for stormwater and drainage. (3) The improvements to be made to the system in the current fiscal year by any approved developments pursuant to previous development orders and the impact of such improvements on the existing capacities or deficiencies. (4) The improvements to be made to the system in the current fiscal year by the city and the impact of such improvements on the existing capacities or deficiencies. (5) The improvements scheduled by the city as part of the continuing implementation of the city's master stormwater plan, as may be updated. (f) Recreation and open space. (1) The existing supply of recreation and open space lands and the adequacy of recre- ational facilities as outlined in the recreation and open space element of the comprehensive plan. (2) The existing level of service measured by the total acreage and facilities available per the appropriate number of residents of the city based on a current inventory of acreage and facilities in the city, or serving the city and the population of the city. (3) The adopted level of service standards for park and open space lands and the acreage and individual recreation facilities as outlined in the recreation and open space element of the comprehensive plan. (4) The existing capacities or deficiencies of the recreational facilities system with considPrntien giwan to changing demngranhir5 orid changing recreatinnal trent q (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) DIVISION 2. PROPORTIONATE FAIR -SHARE MITIGATION OF DEVELOPMENT IMPACTS ON TRANSPORTATION CORRIDORS Sec. 24-276. Transportation concurrency defined. Transportation concurrency means that transportation facilities needed to serve new development shall be in place or under actual construction within three (3) years after the local government approves a development order, building permit or a functional equivalent that results in an increase in traffic generation. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-277. Applicability. Pursuant to the requirements of F.S. Chapter 163, and 2005 Senate Bill 360, this transportation proportionate fair -share program is adopted by the City of Atlantic Beach. This proportionate fair -share program shall apply to all development within the city that has been Supp. No. 34 1536 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-279 notified of a lack of capacity to satisfy transportation concurrency on a transportation facility identified within the city concurrency management system, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determina- tions. The proportionate fair -share program does not apply to developments of regional impact (DRIs) using proportionate fair -share under F.S. § 163.3180(12), or to development deemed, for the purpose of concurrency review to be no impact projects as set forth in section 24-264 of the concurrency management system or the comprehensive plan, or F.S. § 163.3180, regarding exceptions and de minimis impacts. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-278. Schedule of fees to determine proportionate fair -share mitigation. In addition to the established fees associated with the review and issuance of development orders and concurrency review, the following additional review fees shall apply to development seeking approval through the proportionate fair -share mitigation program. (a) For residential new buildings: Fifty dollars ($50.00) per dwelling unit. (b) For nonresidential new buildings: Fifty dollars ($50.00) per one thousand (1,000) square feet of enclosed area, or fraction thereof. (c) The city retains the right to utilize private consulting services to determine propor- tionate fair -share mitigation. In the event the city engages private consulting services, the actual cost of these services shall be the responsibility of the applicant. Actual costs include city staff time as well as consulting fees. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-279. General requirements. (a) An applicant may satisfy the transportation concurrency requirements of the city and the Florida Department of Transportation by making a proportionate fair -share contribution, pursuant to the following requirements: (1) The proposed development is consistent with the comprehensive plan and applicable land development regulations. (2) The five-year schedule of capital improvements, as included within the capital improvements element (CIE) city's comprehensive plan or the long-term schedule of transportation improvements within an adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the city's transportation concurrency management system. The provisions of following paragraph (b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government capital improve- ments element or an adopted long-term schedule of capital improvements. (b) An applicant may also satisfy transportation concurrency through the proportionate fair -share program by contributing to an improvement that, upon completion, will satisfy the requirements of the city's transportation concurrency management system, but which is not Supp. No. 34 1537 § 24-279 ATLANTIC BEACH CODE contained in the five-year schedule of capital improvements in the capital improvements element (CIE) of the comprehensive plan or a long-term schedule of capital improvements for an adopted long-term concurrency management system, where the following apply: (1) The city has adopted, by resolution or ordinance, a commitment to add the improve- ment to the five-year schedule of capital improvements in the capital improvements element or long-term schedule of capital improvements for an adopted long-term concurrency management system (no later than the next regularly scheduled update.) The proposed improvement(s) must be reviewed by the city and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1, consistent with the compre- hensive plan, and in compliance with the provisions of this proportionate fair -share program. "Financial feasibility" as used within this section shall mean that additional contri- butions, payments or funding sources are reasonably anticipated during a period not to exceed ten (10) years to fully mitigate impacts upon the transportation facilities. (2) If the funds allocated for the five-year schedule of capital improvements in the city's capital improvements element are insufficient to fully fund construction of a trans- portation improvement required by the concurrency management system, the city may, at its discretion, enter into a binding proportionate fair -share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair -share is calculated if the proportionate fair -share amount in such agreement is sufficient to pay for one (1) or more improvements which will, in the opinion of the city, or entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. (c) Any improvement project proposed to meet the applicant's proportionate fair -share obligation shall be designed and constructed in accordance with the standards of the city for locally maintained roadways, and those of the FDOT for the state highway system. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-280. Application process. (a) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair -share program pursuant to the provisions of preceding section 24-269. (b) Prior to submitting an application for a proportionate fair -share agreement, a preap- plication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the strategic intermodal system (SIS), the FDOT shall be notified and invited to participate in the preapplication meeting. If the impacted facility is within the City of Jacksonville or an adjacent municipality, the affected municipality shall be invited to participate in the preapplication meeting. Supp. No. 34 1538 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-280 (c) Eligible applicants shall submit an application to the city that includes the following: (1) Name, address and phone number of owner(s), developer and agent; (2) Property location, including parcel identification numbers; (3) Legal description and survey of property; (4) Project description, including type, intensity and amount of development; (5) Phasing schedule, if applicable; (6) Description of requested proportionate fair -share mitigation method(s); (7) Copy of concurrency application; and (8) Any other information deemed necessary by the city. (d) The city manager, or the city manager's designee shall review the application and certify that the application is sufficient and complete within five (5) working days of receipt. If the application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair -share program as indicated in section 24-269, general requirements, the applicant shall be notified in writing of such deficiencies within five (5) working days of said determination. If such deficiencies are not remedied by the applicant within ten (10) working days of receipt of the written notification, the application will be deemed abandoned. The city manager or community development director may, at their discretion, grant an extension of time not to exceed sixty (60) days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (e) Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair -share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. Accord- ingly, the city shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair -share agreement. (f) When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing, and a proposed proportionate fair -share obligation and binding agreement will be prepared by the city or the applicant with direction from the city and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair -share mitigation on a SIS facility, no later than thirty (30) days from the date at which the applicant received the notification of a sufficient application and no fewer than fifteen (15) working days prior to the city commission meeting when the agreement will be considered. (g) Proportionate fair -share agreements shall be reviewed by the city attorney and shall be approved by the city commission. The applicant shall be notified no later than fifteen (15) working days prior to the commission meeting. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Supp. No. 34 1539 § 24-281 ATLANTIC BEACH CODE Sec. 24-281. Determining proportionate fair -share obligation. (a) Proportionate fair -share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. (F.S. § 163.3180 (16)(c).) (b) A development shall not be required to pay more than its proportionate fair -share. The fair market value of the proportionate fair -share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. (F.S. § 163.3180 (16)(c).) (c) The methodology used to calculate an applicant's proportionate fair -share obligation shall be as provided for in F.S. § 163.3180(12), as follows: "The cumulative number of trips from the proposed Development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS." or Proportionate Fair -Share = E[[(Development Trips;)/(SV Increase)] x Costs] Where: Development Tripsi = Those trips from the stage or phase of Development under review that are assigned to roadway segment "i" and have triggered a deficiency per the Concurrency Management System; SV Increases = Service volume increase provided by the eligible improvement to roadway segment "i" per the definition of Transportation Concurrency; Costs = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical Development costs directly related associated with construction at the anticipated cost in the year it will be incurred. (d) For the purposes of determining proportionate fair -share obligations, the city shall determine improvement costs based upon the actual cost of the improvement as obtained from the capital improvements element, the First Coast Metropolitan Planning Organization (FCMPO) transportation improvement program (TIP) or the FDOT work program. Where such information is not available, improvement cost shall be determined using one (1) of the following methods: (1) An analysis by the city of costs by cross section type that incorporates data from recent similar roadway projects and is updated annually and approved by the city commission or their designee. In order to accommodate increases in construction material costs, project costs shall be adjusted by the application of an annual inflation factor, which has been agreed upon by the city, such as: Costas = Costo x (1 + Cost growth33,L)n Supp. No. 34 1540 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-281 Where: Cost„ = The cost of the improvements in year n; Costo = The cost of the improvement in the current year; Cost growth33,1. = The growth rate of costs over the last three years; n = The number of years until the improvement is constructed. The three-year growth rate is determined by the following formula: Cost__growth33T = [Cost growth_1 + Cost growth_2 + Cost,_growth_3]/3 Where: Cost._growth33,t. = The growth rate of costs over the last three years; Cost growth_1 = The growth rate of costs in the previous year; Cost.$rrowth_2 = The growth rate of costs two years prior; Cost_growth_3 = The growth rate of costs three years prior. or (2) The most recent issue of FDOT transportation costs, as adjusted based upon the type of cross section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT work program shall be determined using this method in coordination with the FDOT district. (e) If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one (1) of the methods provided in this section. (f) If the city has accepted right-of-way dedication for the proportionate fair -share payment, credit for the dedication of the non -site -related right-of-way shall be valued on the date of the dedication at fair market value established by an independent appraisal approved by the city and at no expense to the city, or based upon the most recent assessed value by the Duval County property appraiser. The applicant shall supply a survey and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair -share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair -share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Supp. No. 34 1541 § 24-282 ATLANTIC BEACH CODE Sec. 24-282. Proportionate share agreements. (a) Upon execution of a proportionate fair -share agreement (agreement) the applicant shall receive a city certificate of concurrency approval. Should the applicant fail to apply for a development order within twelve (12) months or a timeframe provided within the agreement, then the agreement shall be considered null and void, and the applicant shall be required to reapply. (b) Payment of the proportionate fair -share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than twelve (12) months from the date of execution of the agreement, then the proportionate fair -share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to section 24-273, determining proportionate fair -share obligation, and adjusted accordingly. (c) All developer improvements authorized under this article must be completed prior to issuance of a development order, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. (d) Dedication of necessary right-of-way for facility improvements pursuant to a propor- tionate fair -share agreement must be completed prior to issuance of the final development order or recording of the final plat. (e) Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair -share contributions to the extent the change would generate additional traffic that would require mitigation. (f) Applicants may submit a letter to withdraw from the proportionate fair -share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city shall be nonrefundable. (g) The city may enter into proportionate fair -share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-283. Appropriation of fair -share revenues. (a) Proportionate fair -share revenues shall be placed in the appropriate project budget account for funding of scheduled improvements in the city's capital improvements element, or as otherwise established in the terms of the proportionate fair -share agreement. At the discretion of the local government, proportionate fair -share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair -share revenues were derived. Proportionate fair -share revenues may also be used as the fifty (50) percent local match for funding under the FDOT transportation regional incentive program (TRIP). Supp. No. 34 1542 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-284 (b) In the event a scheduled facility improvement is removed from the capital improve- ments element, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 24-271, general require- ments. (c) Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair -share obligation, the city shall reimburse the excess contribution to the applicant in either of the following prescribed methods: (1) An account may be established for the applicant for the purpose of reimbursing the applicant for excess contribution with proportionate fair -share payments from future applicants on the facility. (2) The city may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the city and to the applicant. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) Sec. 24-284. Other provisions. (a) In the interest of intergovernmental coordination and to reflect the shared responsibil- ities for managing development and concurrency, the city may enter an agreement with one (1) or more adjacent local governments to address cross -jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the method- ology in this section to address the cross jurisdictional transportation impacts of development. (b) A development application submitted to the city subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: (1) Using its own concurrency analysis procedures, the city concludes that the additional traffic from the proposed development would impact a collector or arterial roadway on the city's concurrency management system; and (2) The impacted collector or arterial roadway is either currently operating below that facility's adopted level of service, or is projected to be operating below the level of service standard when the traffic from the proposed development is included into the concurrency management system. (c) Upon identification of an impacted collector or arterial roadway pursuant to subsection (a) and (b) above, the city shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair -share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility. (1) The adjacent local government shall have up to ninety (90) days in which to notify the city of a proposed specific proportionate fair -share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of F.S. § 163.3180(16). Should the adjacent local government decline Supp. No. 34 1543 § 24-284 ATLANTIC BEACH CODE proportionate fair -share mitigation under this section, then the provisions of this section shall not apply, and the applicant would be subject only to the proportionate fair -share requirements of the city. (2) If the subject application is subsequently approved by the city, the approval shall include a condition that the applicant shall provide, prior to the issuance of any development order covered by that application, evidence that the proportionate fair -share obligation to the adjacent local government has been satisfied. The city may require the adjacent local government to declare, by resolution, ordinance, or equiva- lent document, its intent for the use of the concurrency funds to be paid by the applicant. (Ord. No. 90-07-199, § 1(Exh. A), 4-23-07) [The next page is 1983] Supp. No. 34 1544 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. 34 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 55-07-31 3-26-07 Rpld 16-1-16-15 Added 16-1-16-32 90-07-199 4-23-07 1(Exh. A) Added 24-269-24-284 90-07-200 7- 9-07 1 24-156 2(Exh. A) 24-161 90-07-201 8-13-07 1(Exh. A) 24-85(c), 24-87 58-07-32 9-10-07 1 2-301, 2-310.1, 2-310.11, 2-310.27 5-07-47 9-24-07 1 2-20(b) 80-07-74 9-24-07 1 22-27, 22-166, 22-167 Supp. No. 34 2004 [The next page is 2043] STATUTORY REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. F.S. Section F.S. Section Section this Code Section this Code 1.01 1-2 162.09 2-149 13-201 Ch. 9(note) 162.10 2-150 23.011 Ch. 14(note) 162.11 2-151 60.05 2-168 Ch. 163 Char., § 59 2-169 14-1(a) Ch. 12(note) 21-302(15) Ch. 98 Char., § 38 24-17 98.211 Char., § 53 24-48 100.181 Char., § 41 24-277 100.361 Char., § 56 163.3161 Ch. 14(note) Ch. 101 Char., § 42 163.3164 24-17 Ch. 112 2-304 163.3174 14-22 Ch. 112, Pt. III Char., § 66 163.3178 6-27 112.061 Ch. 2, Art. VII, 163.3180 24-277 Div. 3(note) 163.3180(12) 24-277 112.181(2) 2-279 24-281 2-310.8 163.3180(16) 24-284 112.65 2-285 163.3180(16)(b) 24-279 112.311 Ch. 2, Art. II 163.3180(16)(c) 24-281 (note) 163.3184 24-5 112.3173 2-297 24-17 2-310.22 163.3184(15) 24-52(4) Ch. 119 Char., § 65 163.3194(1) 24-5 Ch. 2(note) 24-17 125.68 16-32 Ch. 166 Charter(note) Ch. 161 Ch. 5(note) Char., § 4 161.021 24-17 Char., § 57 161.041 6-20(b)(3) Char., § 59 161.053 6-20(b)(3) 21-302(9) 6-21(e), (r) Ch. 166, Pt. II Char., § 45 Ch. 162 Ch. 2, Art. V, Char., § 60 Div. 2(note) 166.031 Char., § 79 7-27 166.041 Char., § 18 20-54 24-52 162.02 2-146 24-132(b) 162.05 2-141 166.101 Ch. 2, Art. VII 2-142 (note) 162.05(4) 2-145 166.201 Ch. 2, Art. VII 162.06 2-147 (note) 162.07 2-143 Ch. 20(note) 2-144 166.231 Ch. 20, Art. II 2-147 (note) 162.08 2-148 166.241 2-311 Supp. No. 34 2053 ATLANTIC BEACH CODE F.S. Section F.S. Section Section this Code Section this Code 166.0425 Ch. 17(note) 205.053 20-54 166.0445 24-17 205.053(1) 20-53 Ch. 170 Ch. 19(note) 205.063 20-58 Ch. 175 2-272 205.196 20-59 2-290 Ch. 218 Ch. 2, Art. VII 175.101 20-77 (note) 2-288 218.33 2-311 175.121 2-288 Ch. 253 24-17 Ch. 177 24-17 253.12 Ch. 5(note) 24-204 286.011 Char., § 14 24-205 Ch. 2(note) Ch. 177, Pt. I 24-17 309.01 Ch. 5(note) 24-188 Ch. 316 Ch. 21(note) 24-204 21-1 24-205 316.008 Ch. 21(note) 177.27(15) 6-21(j) 177.041 24-205 316.008(1)(a) Ch. 21, Art. II 177.051 24-205 (note) 177.061 24-205 316.195 Ch. 21, Art. II 177.091 24-204 (note) 24-205 21-16 24-257 316.1945 Ch. 21(note) 177.101 24-192 21-17 Ch. 180 Ch. 19(note) 316.2045 19-1 Ch. 185 2-290 320.823 6-23 2-300 Ch. 327 Ch. 5(note) 2-303 335.075 Ch. 19(note) 2-304 Ch. 367 Ch. 22(note) 2-309 Ch. 369 Ch. 5(note) e i G-JiJ. i Ch. r+� i 72 � Ct. �t�itu,e) 2-310.4 Ch. 373 Ch. 8(note) 2-310.17 380.04 24-17 2-310.29 381.006 4-29 185.02(11) 2-301 381.031(1)(g)1 4-29 185.06 2-303 381.031(g)3 Ch. 6, Art. VI 2-310.16 (note) 185.08 20-76 381.261 Ch. 22(note) 185.16(3) 2-310.6 Ch. 386 Ch. 12(note) 185.121 2-288 402.311 24-152(4) 185.185 2-310.22 403.0893 21-302(9), (10) Ch. 192 Ch. 20(note) 403.413 5-4 193.116 Char., § 58 16-7 196.075 20-82 403.415 Ch. 11(note) Ch. 205 Char., § 58 413.08 Ch. 3, Art. II(note) Ch. 20, Art. III Ch. 469 Ch. 6, Art. IV (note) (note) 205.022 20-51 Ch. 479 Ch. 17(note) 205.042 20-52 20-59 205.043(2) 20-57 479.11 17-42 205.043(3) 20-57 Ch. 481, Pt. II 24-177(b) Supp. No. 34 2054 STATUTORY REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code Ch. 489 Ch. 6(note) 760.23 9-17 Ch. 496 18-4(g)(6) 760.24 9-18 20-59 760.25 9-22 496.01 Ch. 18(note) 760.29 9-23 Ch. 513 Ch. 10(note) 760.37 9-24 513.01 10-1 Ch. 767 Ch. 3, Ch. 514 Ch. 6, Art. VI Art. II(note) (note) 4-26 Ch. 538, Pt. I 21-61 767.12 4-12(1-4) 538.03(1)(a) 21-60 768.28 2-1(b)(1) Ch. 552 Ch. 7(note) 775.082 4-12(1-3) Ch. 553 Ch. 6(note) 775.083 4-12(1-3) 6-21(p) 775.084 4-12(3) 7-32 Ch. 790 15-22(g)(3) Ch. 553, Pt. I 6-16 790.15 13-3 553.01 Ch. 6, Art. IV(note) Ch. 791 Ch. 7(note) 553.15 Ch. 6, Art. III(note) 7-39 553.70 Ch. 6, Art. II(note) 791.01(4)(b),(c) 13-13 553.73 7-25 791.02(1) 13-13 Chs. 561-565 3-1 806.13 6-111 561.01 Ch. 3(note) 22-57 561.15 3-1 Ch. 823 Ch. 12(note) 562.14(1) 3-2 Ch. 828 4-5 562.45(2) 3-2 828.27 4-30 3-4-3-6 847.001 17-2 563.01 3-4 24-17 565.01 3-4 24-111(c) 590.12 Ch. 7(note) 24-114(c) Ch. 633 Ch. 7(note) 876.05 Char., § 68 7-32 893.03 13-4 633.35 2-263 13-5 633.121 Ch. 7(note) 893.138 2-161 633.171 7-27 893.147 13-5 Ch. 650 Ch. 2, Art. VI, 932.701 Ch. 15, Div. 2(note) Art. II(note) 2-241 943.13 2-262 650.02 2-241 943.14 2-262 650.05 Ch. 2, Art. VI, 2-301 Div. 2(note) 943.22 2-262 674.105 13-12(a)(4) 2-301 Ch. 679, Pt. V 21-63 943.25(8)(a) 15-1 Ch. 705 Ch. 15, Art. II(note) 21-24 705.16 Ch. 2, Art. II(note) Ch. 760 Ch. 9(note) 760.20 Ch. 9, Art. II(note) 760.22 9-16 [The next page is 2081] Supp. No. 34 2055 CODE INDEX Section A ABANDONMENT Nuisances enumerated Abandoned wells, basements, refrigerators, etc. 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Open storage of abandoned motor vehicles, refrigerators, etc 12-1(b)(7) Parking of abandoned property, vehicles, etc 21-24 et seq. See: TRAFFIC Signs and advertising structures Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 ADDRESSES, STREET. See: STREET ADDRESSES ADVERTISING Confiscated or lost property, disposition of Advertising sales of 15-18 Fair housing provisions Prohibited conduct, provisions re advertisement 9-17 Regulations for signs and advertising structures 17-1 et seq. See: SIGNS AND ADVERTISING STRUCTURES AIR RIFLES, MR PISTOLS, ETC. Discharging prohibited 13-3 ALARMS Fire prevention and life safety False silent alarms 7-41 ALCOHOLIC BEVERAGES Consumption and possession of open container upon public property 3-9 Consumption on licensee's premises 3-8 Consumption on vendor's premises 3-10 Definitions 3-1 Existing establishments and alcoholic beverage licenses pre- viously issued 3-6 Exposure of private parts in establishments serving alco- holic beverages 13-17 Hours of sale 3-2 Licenses Persons not holding license to sell 3-3 Lighting requirements on premises 3-7 Persons not holding license to sell 3-3 Premises where retail sales for off -premise consumption are permitted 3-4 Premises where sales for on -premise consumption are per- mitted 3-5 Restrictions on location of establishments 3-6 Supp. No. 34 2101 ATLANTIC BEACH CODE Section ALLEYS Abandoned, wrecked, junked, etc., vehicles Leaving unattended upon alley 21-25(a)(4), (5) Dogs and cats running at large 4-24 Nuisances enumerated Throwing, discharging, etc., garbage, filth, etc., into alleys 12-1(b)(2) Abatement of nuisances, etc. See: NUISANCES AMENDMENTS TO CODE Provisions re 1-9 AMPLIFIED SOUND Loud and raucous noises 11-2 AMUSEMENTS AND AMUSEMENT PLACES Amusement device code adopted 6-161 ANIMALS AND FOWL Animal shelter Breaking open fences, gates, etc.; letting loose animals; etc 4-3 Beach safety zone; animals on 5-17 Bird sanctuary City designated; shooting, molesting, etc., birds 4-4 Cats. See herein: Dogs and Cats Citations; penalties 4-30 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Cruelty to animals 4-5 Dogs and cats Damaging property 4-26 Dangerous dogs 4-10 Appeals 4-11 Attack or bite by dangerous dog; penalties; confiscation; destruction 4-12 Legislative findings 4-8 Certification of registration 4-11 Classification as dangerous 4-11 Confinement of animal 4-11 Exemption 4-11 Notice and hearing requirements 4-11 Police or service dog, bite by a; exemption from quaran- tine 4-13 Unlawful acts 4-11 Definitions 4-21 Disturbing the peace 4-27 Impoundment for unregistered dogs and cats 4-23 Leashing dogs 4-25 Muzzles Dogs to be muzzled 4-25 Rabies Dogs or cats suspected of having rabies 4-29 Supp. No. 34 2102 CODE INDEX Section ANIMALS AND FOWL (Cont'd.) Registration and tagging Impoundment of unregistered dogs or cats 4-23 Running at large 4-24 Enforcement 4-1 Hogs, keeping 4-7 Impounding officer Interfering with 4-2 Impounding vehicles Breaking open fastenings, etc.; letting loose animals; etc. 4-3 Impoundment for unregistered dogs and cats 4-23 Injuries caused by animals 4-9 Interfering with officers 4-2 Noise Dogs or cats disturbing the peace 4-27 Loud and raucous noises 11-2 Nuisances. See also that subject Allowing animal carcass to remain in place 12-1(b)(1) Birds constituting nuisance 4-4 Dogs or cats running at large, etc 4-24 Keeping, feeding, etc., hogs, horses, chickens, etc., which may be injurious to health and well-being of persons 12-1(b)(5) Public sewers Depositing animal excrement 22-71 Registration Dogs and cats. See herein that subject Removal of animals from animal shelter or impounding vehicles 4-3 Running at large Dogs and cats. See herein that subject Stables, maintaining 4-7 ANNEXATION Certain ordinances saved from repeal 1-5 APPROPRIATIONS. See: FINANCES ARRESTS Arsonists Reward for information leading to arrest and conviction . 7-2 ARSONISTS Reward for information leading to conviction of 7-2 ASSESSMENTS Additional court costs assessed for police training 15-1 Insurance premium taxes, assessment of 20-76, 20-77 Special assessment liens 23-40 ATTORNEY. See: CITY ATTORNEY Supp. No. 34 2103 ATLANTIC BEACH CODE AUDITS Uniform travel policy and procedure Auditing of travel expense reports or vouchers B BML BONDS Additional court costs assessed for police training Forfeited bail bonds Section 2-365 15-1 BARRICADES Building sewers and connections Barricading, restoring excavations 22-111 BASEMENTS Abandoned basements, nuisance provisions 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES BEACHES Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Animals Dogs and cats running at large 4-24 Dogs upon beaches to leashed, muzzled, etc. 4-25 Beach safety zone Animals 5-17 Use of vehicles 5-16 Closing during emergencies 5-1 Li eg a `US Lifeguard division Protecting safety and welfare of persons using beaches, etc. 2-6 Parking of sailboats not to obstruct lifeguard activities 5-6 Lighting of fires 5-3 Littering 5-4 Motorized apparatus Beach safety zone, use of vehicles 5-16 Operating within two hundred feet of beach 5-7 Parks, playgrounds and recreation. See also that subject Public parks; use prohibited after dark 5-31 Sailboats, catamarans, vessels Motorized apparatus. See herein that subject Parking 5-8 Sailboats parked not to obstruct lifeguard activities 5-6 Transporting by motorized vehicle 5-7 Sleeping on the beach 5-2 Surfboards 5-5 Vessels. See herein: Sailboats, Catamarans Vessels Supp. No. 34 2104 CODE INDEX Section BEAUTIFICATION Community development board Duties of board re beautification of city 14-20(7) BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds4-4 BITES Dog bites, etc BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY 2-29 BOATS Boat trailers. See: RECREATIONAL VEHICLES Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq. See: BEACHES BOND ISSUES Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BOOKS Obscene matter prohibited 13-6 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal Director of finance's duties re See also: FINANCES 1-5 2-76 BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 Boathouses, docks and gazebos on docks 6-2 Construction site management 6-18 Housing code Adoption 6-120 Supp. No. 34 2105 ATLANTIC BEACH CODE Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Nonhabitable major structures; residential dune crossover structures 6-24 Wastewater system, building sewers and connections Conformance with building code 22-106 Building official Flood hazard districts, enforcement of provisions 8-11 Numbering of buildings Duties of official 6-108 Building permits Fire prevention and life safety 7-32 Building sewers and connections 22-101 et seq. See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Community development board 14-16 et seq. See: PLANNING Electrical code 6-31 et seq. See: ELECTRICAL CODE Fire prevention and protection 7-1 et seq. See: FIRE PREVENTION AND PROTECTION Flood hazard districts 8-1 et seq. See: FLOOD HAZARD DISTRICTS Housing code Adoption 6-120 Loitering, sleeping, etc., in public buildings 13-2 Loud and raucous noises 11-2 Mechanical inspections 6-77 Nuisances. See also that subject Abandoned building rubbish, material, etc i2-i(b)('i) Permitting buildings to become dangerous, unsafe, etc.... 12-1(b)(8) Structurally unsound structures, etc 12-1(b)(6) Numbering of buildings Attachment of numbers to buildings 6-107 Building official Duties 6-108 Removing or defacing 6-111 Required 6-106 Street numbering districts designated 6-109 System of number 6-110 Permits. See herein: Building Permits Plumbing code 6-56 et seq. See: PLUMBING CODE Signs placed on public buildings and structures and within public parks 17-32 Wastewater system Sewer system extensions, construction 22-192, 22-195 Water service Temporary service for construction work 22-17 Supp. No. 34 2106 CODE INDEX Section BUILDINGS AND BUILDING REGULATIONS (Cont'd.) 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 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 Zoning, subdivision and land development regulations Concurrency management system and proportionate fair - share Projects not requiring a concurrency certificate 24-272 CESSPOOLS Constructing 22-73 CHARITABLE CONTRIBUTIONS City funds use for prohibited 2-2 CHARITABLE SOLICITATIONS. See: SOLICITORS, PED- DLERS, ETC. Supp. No. 34 2107 ATLANTIC BEACH CODE Section CHARTER Defined 1-2 CHICKENS. See also: ANIMALS AND FOWL Keeping chickens or poultry CHIEF OF FIRE DEPARTMENT. See: FIRE DEPARTMENT CHIEF OF POLICE. See: POLICE DEPARTMENT CHILDREN. See: MINORS 4-7 CHURCHES Alcoholic beverage establishments, location of 3-6 Loud and raucous noises 11-2 CIRCUSES Water service, temporary 22-17 CITY ATTORNEY Code enforcement board City attorney shall be counsel to board, etc 2-145 CITY COMMISSION Community development board Certification of plans and recommendations to commission 14-21 Duties re commission 14-20 Defined 1-2 Members appointed by 14-17 Mayor -commissioner Old -age and survivors insurance Execution of agreements by mayor -commissioner 2-242 Meetings Riles of et -mallet and nrnnad„ra at 9_10 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 Solid waste and recycling Franchise agreements Application; fee action by city commission 16-20 CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES CITY OF ATLANTIC BEACH Defined 1-2 CLOTHING Beaches. See also that subject Undressing or changing clothes COCAINE. See: DRUGS CODE ENFORCEMENT BOARD Appeals 2-151 Supp. No. 34 2108 CODE INDEX Section CODE ENFORCEMENT BOARD (Cont'd.) City attorney Counsel to board, etc. 2-145 Clerical and administrative personnel 2-144 Compensation of members 2-141 Created, composition 2-141 Hearings 2-147 Minutes of hearings 2-144 Power of board re hearings 2-148 Jurisdiction 2-146 Lien, penalties 2-149 Duration of lien 2-150 Meetings 2-143 Power of board to adopt rules for conduct of meetings 2-148 Membership 2-141 Minutes of hearings 2-144 Officers, election of 2-143 Penalties; lien 2-149 Duration of lien 2-150 Powers 2-148 Procedure; hearings 2-147 Quorum 2-143 Removal, filing vacancies 2-142 Terms of members 2-141 Vacancies, filling 2-142 CODE OF ORDINANCES* Amendments to code 1-9 Certain ordinances saved from repeal 1-5 Definitions and rules of construction 1-2 Effect of code on prior acts or rights 1-6 Effect of repeal of ordinances 1-7 General penalty; continuing violations 1-11 Headings and catchlines 1-3 History notes and references 1-4 How code designated and cited 1-1 Repeal Certain ordinances saved from repeal 1-5 Effect of repeal 1-7 Severability of parts of code 1-8 Supplementation of code 1-10 Violations General penalty; continuing violations 1-11 COMMERCIAL CORRIDOR DEVELOPMENT Commercial corridor development standards 24-171 *Note—The adoption, amendment, repeal, omissions, effective date, explana- tion of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 34 2109 ATLANTIC BEACH CODE COMMERCIAL VEHICLES Weight requirements for commercial, recreational, etc., ve- hicles Section 21-22 COMMISSION. See: CITY COMMISSION COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMMUNITY DEVELOPMENT BOARD Provisions re 14-16 et seq. See: PLANNING COMPREHENSIVE PLAN Provisions re 14-1 CONFISCATED PROPERTY Disposition of 15-16 et seq. See: POLICE DEPARTMENT CONSERVATION Tree protection regulations generally 23-15 et seq. See: TREES AND SHRUBBERY Waterworks system Water shortages, conservation 22-39 CONSTRUCTION Buildings and building regulations. See that subject Loud and raucous noises 11-2 Solid waste and recycling Franchise agreements Private refuse collectors; collection of commercial recy- cling and construction and demolition debris 16-18 Zoning, s,/hdi‘. i on and land rlavelrnment rag -illations 24-1et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS CONTRACTS AND AGREEMENTS Certain ordinances saved from repeal 1-5 Franchise agreements 16-12 et seq. See: SOLID WASTE AND RECYCLING When contracts and expenditures prohibited 2-314 Zoning, subdivision and land development regulations Concurrency management system and proportionate fair - share Mitigation of development impacts on transportation corridors Proportionate share agreements 24-282 CONTROLLED SUBSTANCES. See: DRUGS CORPORATIONS Definition of "person" to include corporation 1-2 COUNTY. See: DUVAL COUNTY Supp. No. 34 2110 CODE INDEX Section COURTS Confiscated or lost property Provisions re county court 15-16 et seq. Police training Additional court costs assessed for 15-1 COWS, CATTLE Maintaining stable 4-7 Supp. No. 34 2110.1 CODE INDEX Section EXCAVATIONS (Cont'd.) Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(1) Building sewers and connections Barricading, restoring excavations 22-111 Excavations, conformance with building and plumbing codes 22-106 Stopping, standing or parking vehicle alongside or opposite any street excavation 21-17(7) Streets, digging up prohibited 19-2 EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 F FAIR HOUSING (Discrimination because of race, color, sex, religion, national origin, etc.) Complaints 9-20 Definitions 9-16 Educational activities 9-19 Enforcement by civil action 9-24 Exemptions 9-23 Financing of houses, discrimination in 9-22 Interference, coercion or intimidation 9-24 Multiple listing services 9-18 Prohibited conduct 9-17 Remedies Use of remedies of provisions, other remedies 9-21 Violations 9-25 Complaints 9-20 Enforcement by civil action 9-24 Use of remedies 9-21 FAIRS Water service, temporary 22-19 FALSE ALARMS Fire prevention and life safety False silent alarms 7-41 FENCES, WALLS, HEDGES AND ENCLOSURES Animal shelter Breaking open fences, gates or enclosures of animal shel- ter 4-3 Nuisances enumerated Structurally unsound fences 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES FIDUCIARIES Definition of "person" to include fiduciaries 1-2 Supp. No. 34 2115 ATLANTIC BEACH CODE FILTH Nuisances enumerated Abatement of nuisances, etc. See: NUISANCES Section 12-1 FINANCES Allotments constitute basis of expenditures and are subject to revision 2-312 Appropriations Allotments constitute basis of expenditures and subject to revision 2-312 Certain ordinances saved from repeal 1-5 Lapse of appropriations 2-315 Transfer of appropriations 2-313 When contracts and expenditures prohibited 2-314 Certain ordinances saved from repeal 1-5 Charitable contributions prohibited 2-2 Contracts and agreements. See also that subject When contracts and expenditures prohibited 2-314 Department of finance Created 2-72 Director of finance Appointment 2-71 Assisting in preparation of budget; accepting other re- sponsibilities 2-76 Duties generally 2-74 Financial information 2-75 Investment of funds 2-73 Duties 2-78 Functions 2-77 Director of finance. See herein: Department of Finance Dishonored checks 2-317 Encumbrances 2-315 Fees paid to city government 2-316 Fiscal year 2-311 Purchasing 2-331 et seq. See: PURCHASES, PURCHASING Service and user charges Authorization 2-367 Fees and charges 2-368 Taxation 20-16 et seq. See: TAXATION Transfers of appropriations 2-313 Uniform travel policy and procedure 2-356 et seq. See: TRAVEL User charges. See herein: Service and User Charges FINANCING OF HOUSING Discrimination in See also: FAIR HOUSING Supp. No. 34 2116 9-22 CODE INDEX Section FINES, FORFEITURES AND PENALTIES. See also specific subjects General penalty; continuing violations 1-11 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FINGERPRINTING Charitable solicitation permit regulations re 18-2 FIRE DEPARTMENT Chief of fire department Appointment 2-61 Compensation 2-61 Duties and authority 2-62 Fire prevention code Appeals from actions of chief 7-19 Enforcement of code by chief 7-17 Modifications of code by chief 7-18 Director of public safety Supervision of fire department 2-41 Fire chief. See herein: Chief of Fire Department Life guard division 2-63 FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within fifteen feet of hydrant 21-25(a)(1) Fire prevention and life safety Fire hydrants and fire department connections 7-35 Stopping, standing or parking vehicle within fifteen feet of hydrant 21-17(4) Water shortages Permitting water to be used from fire hydrants 22-39(e)(4) FIRE PREVENTION AND PROTECTION Arsonists Reward for information leading to conviction of 7-2 Fire prevention and life safety Alarms False silent alarms 7-41 Appeals 7-25 Automatic fire sprinkler requirements 7-31 Building permits 7-32 Burning, open 7-36 Codes Adopted 7-18 Modifications 7-42 Compliance 7-23 Dangerous conditions Notice to eliminate 7-21 Compliance 7-23 Summary abatement 7-26 Supp. No. 34 2117 ATLANTIC BEACH CODE Section FIRE PREVENTION AND PROTECTION (Cont'd.) Definitions 7-17 Fees 7-30 False silent alarms 7-41 Fire hydrants and fire department connections 7-35 Fireworks 7-39 Hazardous materials identification and information 7-34 Inspection 7-19 Authority to require exposures or stop work 7-24 Appeals 7-25 Fees 7-30 Right of entry 7-20 Investigating fires, authority 7-28 Key vault security requirement 7-29 Modifications 7-42 Occupant load/overcrowding 7-40 Open burning 7-36 Permits and certificates 7-38 Building permits 7-32 Fees 7-30 Purpose and intent 7-16 Right of entry 7-20 Service of orders 7-22 Appeals 7-25 Compliance 7-23 Smoke detection power source 7-33 Stop work, authority to require 7-24 Appeals 7-25 Street address identification 7-37 Testing, fees 7-30 Violations Penalties and other remedies for violations 7-27 Service of orders to correct violations 7-22 Summary abatement 7-26 Reward for information leading to conviction of arsonists7-2 Title 7-1 Water service charges Private fire protection service 22-30 Zoning, subdivision and land development regulations Zoning regulations General provisions and exceptions Replacement of lawfully existing residential uses in- cluding those damaged or destroyed by fire, weath- er-related or other unintended acts 24-87 FIREARMS AND WEAPONS Discharging firearms, air guns, etc 13-3 Disposal of confiscated or lot firearms 15-22 Hunting, shooting, etc., birds or wild fowl 4-4 Supp. No. 34 2118 CODE INDEX Section FIREARMS AND WEAPONS (Cont'd.) Replica firearms Definitions 13-8 Possession and use regulated 13-9 FIRES Beaches, fires 5-3 Community development board Duties re board for redevelopment, reconstruction, etc., of areas damaged by fires, floods, etc 14-20(12) Nuisances Permitting buildings to become unsafe, dangerous, etc, because of fire 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES Water service, provisions re meters destroyed by fire Basis for billing if meter fails to register 22-24 FIREWORKS Fire prevention and life safety Provisions re fireworks 7-39 Noise provisions; exceptions 11-5 Regulation of fireworks 13-13 FIRMS Definition of "person" to include firms 1-2 FLAMMABLE OR EXPLOSIVE LIQUIDS, SOLIDS, ETC. Public sewers, use of Prohibited discharges 22-129 FLEA MARKETS Defined; prohibited 13-11 FLOOD HAZARD AREAS Abrogation and greater restrictions 8-9 Areas of special flood hazard, basis for establishing 8-7 Community development board 14-16 et seq. See: PLANNING Compliance 8-8 Definitions 8-5 Development permit Application procedures 8-24 Established 8-23 Findings of fact 8-2 Flood hazard reduction standards Areas of shallow flooding (AO Zones) 8-35 Generally 8-31 Specifically 8-32 Streams without established base flood elevations and/or floodways 8-33 Subdivision proposals 8-34 Interpretation 8-10 Lands to which this chapter applies 8-6 Supp. No. 34 2119 ATLANTIC BEACH CODE Section FLOOD HAZARD AREAS (Cont'd.) Objectives 8-4 Planning and development director Designated 8-21 Duties and responsibilities 8-22 Purpose 8-3 Statutory authorization 8-1 Variance procedures 8-25 Violations and penalties 8-12 Warning and disclaimer of liability 8-11 FLOODS Community development board Duties of board re reconstruction, replanning, etc., of areas damaged by flood 14-20(12) FOOD AND FOOD ESTABLISHMENTS Alcoholic beverage sales in restaurants, etc. 3-2 et seq. Loitering in restaurants, luncheonettes, etc 13-2 Uniform travel policy and procedure for city employees Schedule for meal allowance 2-360 Subsistence 2-361 FOWL. See: ANIMALS AND FOWL FRANCHISES Agreements, franchise 16-12 et seq. See: SOLID WASTE AND RECYCLING Certain ordinances saved from repeal 1-5 FRAUD City employees retirement system Protection against fraud 2-297 Uniform travel policy and procedure Fraudulent claims 2-366 G GARAGE SALES Flea markets by definition re; prohibited 13-11 GARBAGE AND REFUSE Beaches, leaving refuse on 5-4 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Nuisances. See also that subject Abandoned building material, building rubbish, etc. 12-1(b)(7) Abandoned debris, etc. 12-1(b)(6) Depositing garbage, etc 12-1(b)(2) Depositing rubbish 12-1(b)(3) Public sewers, use of Limitations on discharge concentrations or quantities 22-130 Prohibited discharges of unground garbage, etc 22-129(4) Supp. No. 34 2120 CODE INDEX Section GARBAGE AND REFUSE (Cont'd.) Recyclable materials. See also herein: Solid Waste Provi- sions Removal prohibited 13-10 Solid waste and recycling 16-1 et seq. See: SOLID WASTE AND RECYCLING GARDENS Waterworks system Water shortages; irrigation of flowers, foliage, etc. 22-39 GAS Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc. 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass, building material, etc. 12-1(b)(7) Public sewers, use of Prohibited discharges of metal, glass, etc. 22-129(4) GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings 22-129(4) Solid waste and recycling Leaves and grass clippings; tree trunks 16-4 GREASE. See: OILS, GREASE GUNS. See: FIREARMS AND WEAPONS H HASHISH. See: DRUGS HEALTH AND SANITATION Animal and fowl provisions Interfering with health officer 4-2 Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of community, etc 12-1 Supp. No. 34 2121 ATLANTIC BEACH CODE Section HEALTH AND SANITATION (Cont'd.) Signs and advertising structures Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water -source heat pumps Discharging water from heat pumps, nuisance provisions Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers Waterworks system Water shortages Watering lawns by heat pumps HEIGHT LIMITS Signs and advertising structures Calculation of permitted sign size Weeds, height of growth 22-108 12-1(b) 22-127 22-39(b) 17-63 23-36 HISTORIC TREE PRESERVATION Regulations 23-46 et seq. See: TREES AND SHRUBBERY HOGS Keeping hogs 4-7 HOMESTEAD ,` rvir £i N Taxation provisions 20-81 et seq. See: TAXATION HORNS Loud and raucous noises 11-2 HORSES Maintaining stables 4-7 HOTELS Dogs in hotels to be muzzled, leashed, etc 4-25 HOUSING Fair housing 9-16 et seq. See: FAIR HOUSING Housing code Adoption 6-120 Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Supp. No. 34 2122 CODE INDEX Section HOUSING (Cont'd.) Solid waste and recycling Franchise agreements Residential and commercial solid waste collection fran- chise 16-12 Zoning, subdivision and land development regulations Zoning regulations General provisions and exceptions Replacement of lawfully existing residential uses in- cluding those damaged or destroyed by fire, weath- er-related or other unintended acts 24-87 Supplemental regulations Off-street parking and loading Multifamily residential uses, additional require- ments for 24-161(j) HUMAN RELATIONS Fair housing 9-16 et seq. See: FAIR HOUSING HUNTING Hunting birds, wild fowl, etc. 4-4 HYDRANTS. See also: FIRE HYDRANTS Abandoned, wrecked, junked, etc., vehicles Left unattended within fifteen feet of fire hydrants 21-25(a)(1) Stopping, standing or parking vehicle within fifteen feet of fire hydrant 21-17(4) I IMPOUNDMENT Abandoned, wrecked, junked, etc., vehicles Removing and impounding 21-25 Towage and storage charges 21-26 animal provisions 4-2 et seq. See: ANIMALS AND FOWL IMPROVEMENTS Community development board List of recommended capital improvements 14-20(6) Recommending improvements for city 14-20(11) Subdivision regulations Required improvements 24-221 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Zoning, subdivision and land development regulations Concurrency management system and proportionate fair - share Timing and completion of required public facility im- provements 24-274 Supp. No. 34 2123 ATLANTIC BEACH CODE Section INDECENCY AND OBSCENITY Alcoholic beverage establishments Exposure of private parts in 13-17 Obscene matter prohibited 13-6 INSECTS, INSECT CONTROL Nuisances enumerated Allowing stagnant water to accumulate, prevention of the propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES INSURANCE Insurance premium taxes 20-76 et seq. See: TAXATION Old -age and survivors insurance 2-241 et seq. See: OFFICERS AND EMPLOYEES Wrecker service liability insurance 21-53 INTERSECTIONS Abandoned, wrecked, junked, etc., vehicles Leaving unattended within intersection 21-25(a)(1) Stopping, standing or parking vehicles within twenty feet of intersection 21-17(3) INTOXICATING LIQUOR. See: ALCOHOLIC BEVERAGES J JUNK Parking, storing or leaving of junked vehicles 21-24 et seq. See: TRAFFIC L LAKES. See: WATERCOURSES, WATERWAYS LAND DEVELOPMENT. See: ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS LANDSCAPING Zoning provisions re 24-176 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS LAWNS Waterworks system Water shortages; irrigation of lawns LEASHING DOGS Provisions re 22-39 4-25 LICENSES AND PERMITS Alcoholic beverages Persons not holding licenses to sell 3-3 Building sewers and connections, permits 22-102, 22-103 Supp. No. 34 2124 CODE INDEX Section LICENSES AND PERMITS (Cont'd.) 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 Franchise agreements 16-12 et seq. See: SOLID WASTE AND RECYCLING 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 2-6 Parking of sailboats on beaches not to obstruct lifeguard activities 5-6 Other regulations. See: BEACHES LIGHTS, LIGHTING Alcoholic beverage establishments Lighting requirements on premises 3-9 Mobile home parks and recreation vehicle parks Illuminating at night 10-2(2) Supp. No. 34 2125 ATLANTIC BEACH CODE Section 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 Solid waste and recycling Removal of lot clearing, contractors' debris; oil and grease 16-8 Vacant lots Dogs and cats running at large 4-24 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohib- ited; compost piles 16-7 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS L%U. LLJS ^u 4RS Alcoholic beverage establishments Playing of musical or noise -producing equipment outside of buildings M 3-10 MAGAZINES Obscene matter prohibited 13-6 MAIL Definition of "registered mail" 1-2 MAPS Community development board Recommending proposed changes in official map of city 14-20(3) Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS MARIJUANA. See: DRUGS MAYOR -COMMISSIONER. See: CITY COMMISSION Supp. No. 34 2126 CODE INDEX MECHANICAL CODE Adoption Inspection fee Section 6-76 6-77 METERS Water meters 22-19 et seq. See: WATERWORKS SYSTEM MILITARY City employees retirement system Military service credit 2-275 MINORS Definition of "person" to include children 1-2 Minors on streets and public places Curfew 13-153 Definitions 13-152 Owners of public places, responsibilities 13-154 Parents' responsibility 13-155 Procedures 13-157 Short title 13-151 Special functions 13-156 Violations; penalties 13-158 Nuisances Abandoned refrigerators, vehicles, etc., proving hazards for inquisitive minors 12-1(b)(6) Abatement of nuisances, etc. See: NUISANCES Sexual predators residency requirement 13-161 MISDEMEANORS State misdemeanors 13-1 MOBILE HOMES AND RECREATIONAL VEHICLES (Mobile homes, campers, travel trailers, boats, etc.) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Definitions 10-1 Minimum requirements for parks 10-2 Water shortages Washing of trailers, boats, etc. 22-39(e) Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Zoning regulations Residential mobile home districts (RMH) 24-108 MONTH Defined 1-2 MOSQUITOES Nuisances enumerated Preventing propagation of mosquitoes 12-1(b)(4) Abatement of nuisances, etc. See: NUISANCES Supp. No. 34 2127 ATLANTIC BEACH CODE Section MOTOR VEHICLES AND OTHER VEHICLES Beaches Operating motorized apparatus within two hundred feet of 5-7 Use of vehicle on beach safety zone 5-16 Impounding vehicles for animals Breaking open gate, etc., of vehicle 4-3 Loud and raucous noises 11-2 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Nuisances enumerated 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES Obstruction of passage of vehicle 13-2 Recreational vehicles 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Traffic regulations 21-1 et seq. See: TRAFFIC Water shortages Washing of vehicles 22-39(e) MULES Maintaining stable 4-7 MUZZLES Dogs 4-25 N NATIONAL ORIGIN Discrimination because of, fair housing 9-16 et seq. Sco: F," TR HflUSII`I! 4 NESTS OF BIRDS OR WILD FOWL Molesting, etc. 4-4 NEWSPAPERS Obscene matter prohibited 13-6 NIGHTTIME Mobile home parks and recreational vehicle parks Park or camp areas to be illuminated properly all night10-2(2) NOISE Animal or bird noises Dogs and cats disturbing the peace 4-27 Nuisances. See also that subject Keeping animals, chickens, etc., which create noise 12-1(b)(5) Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Exceptions 11-5 General prohibitions 11-1 Loud and raucous noises 11-2 Supp. No. 34 2128 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. 34 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 OBSCENITY. See: INDECENCY AND OBSCENITY Section 1-2 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 Nuisances. See also that subject Keeping of animals, chickens, etc., creating noxious odors Public sewers, use of Ll ui ,bons On discharge concentrations or quantities Waters or wastes containing odor -producing substances OFFENSES Miscellaneous offenses and regulations Specific penalties, remedies, etc. See specific offenses as indexed alphabetically according to subject 12-1(b)(5) 22-130(6) 13-1 et seq. 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 Chief of police 2-51 et seq. See: POLICE DEPARTMENT Compensation, salaries, etc. Certain ordinances saved from repeal 1-5 Supp. No. 34 2130 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Deaths Retirement system. See herein that subject Defense of civil actions against; payment of judgments or settlements 2-1 Definition 1-2 Director of finance 2-71 et seq. See: FINANCES Director of public safety 2-41 Disability retirement Retirement system. See herein that subject Electrical inspector 6-36 et seq. See: ELECTRICAL CODE Insurance Old -age and survivors insurance. See herein that subject Joint authority Defined 1-2 Life guard captain 2-63 Old -age and survivors insurance Appropriations and payment of contributions by city 2-244 Custodian of funds and withholding and reporting agent Designation of 2-248 Exclusions 2-246 Executive of agreements by mayor -commissioner 2-242 Records and reports 2-245 Social Security Act, acceptance of 2-247 Statement of policy 2-241 Withholdings from wages 2-243 Pensions Old -age and survivors insurance. See herein that subject Retirement system. See herein that subject Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Retirement system Assignments prohibited 2-295 Benefit groups 2-263 Benefit limitations and required distributions 2-299 Board of trustees Actuarial data; report to city commission 2-265 Compensation 2-269 Composition 2-266 Meetings, quorum, voting 2-269 Responsibilities and duties generally 2-264 Term of office; oath of office 2-267 Vacancy, filling 2-268 Voting 2-269 Chairperson, secretary, treasurer, etc 2-270 City contribution 2-288 Created, purpose 2-261 Supp. No. 34 2131 ATLANTIC BEACH CODE OFFICERS AND EMPLOYEES (Cont'd.) Credited service Loss of credited service Military service credit Reinstatement of credited service Death while in city employment Automatic pension to spouse and/or children Elective survivor pension Deferred retirement upon separation from employment (vesting) Definitions Disability retirement Continuation subject to re-examination; return to em- ployment General conditions for eligibility Errors Expenses of administering system Fraud, protection against Investment of retirement system assets Level straight life pension, amount of Member contributions Membership generally Method of making payments Military service credit Normal retirement date and payment date Officers and employed services Optional forms of pension payment Police officers' retirement system Alternate death while in city employment; pension to spouse and/or children Assignments prohibited Benefit groups Benefit limitations and required distributions Board of trustees Actuarial data; report to city commission Responsibilities and duties generally Composition Meetings; quorum; voting; compensation Term of office; oath of office Vacancy; filling of vacancy Calculation of pension benefit City contribution Claim review procedure Created, purpose Credited service Death while in city employment; elective survivor pen- sion Deferred retirement upon separation from employment (vesting) Definitions Supp. No. 34 2132 Section 2-272 2-273 2-275 2-274 2-283, 2-284 2-284 2-283 2-278 2-262 2-280 2-279 2-296 2-292 2-297 2-290 2-281 2-298 2-271 2-294 2-275 2-277 2-270 2-282 2-310.13 2-310.21 2-302 2-310.28 2-304 2-303 2-305 2-308 2-306 2-307 2-310.10 2-310.16 2-310.25 2-300 2-310.1 2-310.12 2-310.7 2-301 CODE INDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Denial of benefits 2-310.24 Disability retirement Continuation subject to re-examination; return to employment 2-310.9 General conditions for eligibility 2-310.8 Errors 2-310.21 Exhaustion of claims review procedure 2-310.26 Expenses 2-310.18 Investment of retirement system assets 2-310.17 Loss of credited service 2-310.2 Maximum amount of pension 2-310.14 Member contributions 2-310.27 Membership 2-310 Method of making payments 2-310.19 Military service credit 2-310.4 Normal retirement date and payment date 2-310.6 Officers and employed services 2-309 Optional forms of pension payment 2-310.11 Protection against fraud; forfeiture 2-310.22 Reinstatement of credited service 2-310.3 Response to claims and inquiries 2-310.23 Subrogation rights 2-310.15 Voluntary retirement conditions; employment after re- tirement 2-310.5 Subrogation rights 2-286 Voluntary retirement conditions 2-276 Social security Old -age and survivors insurance. See herein that subject Travel expenses Uniform travel policy and procedure 2-356 et seq. See: TRAVEL Waterworks system Right of access by city employees 22-19 Tapping of mains, etc., restricted to city employees 22-15 OFFICIAL MAP. See: MAPS OFF-STREET PARKING Zoning, subdivision and land development regulations See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS 24-1 et seq. OIL, GREASE, ETC. Public sewers, use of Grease, oil and sand interceptors 22-132 Limitations on discharge concentrations or quantities 22-130 Prohibited discharges 22-129 Solid waste and recycling Removal of lot clearing, contractors' debris; oil and grease 16-8 Supp. No. 34 2133 ATLANTIC BEACH CODE Section OPEN BURNING Fire prevention and life safety 7-36 ORDINANCES Code of ordinances 1-1 et seq. See: CODE OF ORDINANCES OWNER Defined 1-2 Solid waste and recycling Franchise agreements Ownership of recyclable materials 16-26 P PARADES AND PROCESSIONS Noise provisions; exceptions Permits required for 11-5 21-2 PARKING Beaches, regulations for 5-1 et seq. Parking of sailboats 5-6 Residential parking sticker program 21-27 Stopping, standing and parking of vehicles 21-16 et seq. See: TRAFFIC Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS PARKING LOTS Loitering in public places, etc. 13-2 Water shortages Washing of parking lots 22-39(e) PARKS, PLAYGROUNDS AND RECREATION Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Beaches, regulations for 5-1 et seq. Use of public parks prohibited after dark 5-31 Definition of "public place" to include parks 1-2 Dogs and cats running at large 4-24 Enforcement of park rules and regulations 5-33 Loitering in parks 13-2 Obstructing passage through parks, etc. 13-2 Sexual predators residency requirement 13-161 Signs placed on public buildings and structures and within public parks 17-32 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 User fees for parks and recreation facilities 5-32 Supp. No. 34 2134 CODE INDEX Section PARTNERSHIPS Definition of "person" to include partnerships 1-2 PEDDLERS. See: SOLICITORS, PEDDLERS, ETC. PEDESTRIANS Obstruction of passage of pedestrians 13-2 PENSIONS Retirement system for city employees 2-281 et seq. See: OFFICERS AND EMPLOYEES PERMITS. See: LICENSES AND PERMITS PERSON Defined 1-2 PICTURES Obscene matters prohibited 13-6 PLANNED UNIT DEVELOPMENT Zoning provisions re 24-126 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS PLANNING Community development board Appeals 14-24 Certification of board actions to the city manager 14-21 Composition 14-17 Cost 14-26 Created 14-16 Duties 14-20 Enforcement; penalties 14-27 Legal proceedings 14-28 Local planning agency 14-22 Officers 14-17 Petition of illegality 14-25 Powers 14-20 Proceedings of the board 14-23 Qualifications of members 14-17 Removal of members 14-19 Terms of office of members 14-18 Vacancies, filling 14-18 Comprehensive plan 14-1 Planning and development director Designated to implement flood hazard area provisions8-21 et seq. See: FLOOD HAZARD AREAS Zoning, subdivision and land development regulations Zoning regulations Supplemental regulations Off-street parking and loading Plans required 24-161(c) Supp. No. 34 2135 ATLANTIC BEACH CODE PLATS, PLATTING Code enforcement board's power to subpoena surveys, plats, etc. Section 2-148 PLUMBING CODE Building sewers and connections Conformance with plumbing code 22-106 Certificates of competency 6-57 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Mobile home parks and recreational vehicle parks Plumbing to comply with plumbing code 10-2(5) Permits Determination of ownership of secondhand fixtures prior to issuance 6-58 Fees 6-59 To whom issued 6-60 Water conservation regulations 6-61 Waterworks system Approval of plumbing prior to connection with water system 22-35 POISONOUS SOLIDS, LIQUIDS OR GASES Public sewers, use of Prohibited discharges 22-129 POLICE DEPARTMENT Additional court costs assessed for police training 15-1 Animal and fowl provisions Interfering with police officer 4-2 Police or service dog, bite by a; exemption from quarantine 4-13 Chief of police Appointment, compensation, removal 2-51 Confiscated or lost property, disposition of Duties of chief 15-16 et seq. Duties and authority 2-52 Powers and authority 2-53 Confiscated or lost property, disposition of Destruction 15-20 Firearms 15-22 Hours of sales 15-19 Notice of sales 15-18 Sale of confiscated property 15-16 Sale of lost and found property 15-17 Transfer of unclaimed or confiscated property Transfer for use by city or other governmental agency 15-21 Director of public safety Supervision of police department 2-41 Minors on streets and in public places, procedures 13-157 Powers and authority of deputies and chief 2-53 Supp. No. 34 2136 CODE INDEX Section POLICE DEPARTMENT (Cont'd.) Retirement system 2-300 et seq. See: OFFICERS AND EMPLOYEES Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage Supp. No. 34 2136.1 22-108 CODE INDEX SIGNS AND ADVERTISING STRUCTURES (Cont'd.) Removal of unsafe, damaged or poorly maintained, and abandoned signs Abandoned signs Damaged signs and poorly maintained signs Unsafe signs Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Community development board See: PLANNING Definitions and references to other chapters within this Code Intent "No Solicitation" sign, posting of Nonconforming signs and waiver to certain provisions Application Calculation of permitted sign size Fees Nonconforming signs Permit required Requests to waive certain terms of this chapter Residential parking permit signs, posting of Signs permitted Banner signs Exempt signs General provisions applying to all permitted signs Signs permitted within commercial and industrial zoning districts Signs permitted within residential zoning districts Signs placed on public buildings and structures and within public parks Signs within conservation (CON) zoning districts Signs within special purpose (SP) and planned unit devel- opment (PUD) zoning districts SLEEPING Loitering, sleeping, etc., in streets, parks, etc SMOKE DETECTORS Fire prevention and life safety Smoke detection power source SOCIAL SECURITY Old -age and survivors insurance See: OFFICERS AND EMPLOYEES SOLICITATION Aggressive solicitation prohibited SOLICITORS, PEDDLERS, ETC. Charitable solicitations Books and records, inspection of Definitions Supp. No. 34 2141 Section 17-41 17-41(c) 17-41(b) 17-41(a) 2-146 14-16 et seq. 17-2 17-1 18-5 17-62 17-63 17-64 17-51 17-61 17-52 21-27(d) 17-33 17-26 17-27 17-29 17-28 17-32 17-31 17-30 13-2 7-33 2-241 et seq. 13-12 18-6 18-1 ATLANTIC BEACH CODE Section SOLICITORS, PEDDLERS, ETC. (Cont'd.) Exceptions 18-8 "No Solicitation" sign, posting of 18-5 Permits Fees 18-3 Fingerprinting required 18-2 Registration required 18-2 Revocation 18-7 Prohibitions 18-4 Regulations generally 18-4 Violations and penalties 18-9 Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD SOLID WASTE AND RECYCLING Annual review of fees 16-11 Burial of solid waste 16-6 Definitions 16-1 Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Fees for collection 16-10 Franchise agreements Application; fee action by city commission 16-20 Authority of permit holders 16-25 City's collection exempt from sections 16-10 through 16-18 16-19 Conflict of provisions 16-31 Effective date 16-32 Enforcement 16-29 Franchise award procedures 16-14 Franchise fees 16-16 Grant of authority 16-1 Issuance of permit 16-21 Noncompliance 16-17 Ownership of recyclable materials 16-26 Permit requirements and rules 16-22 Permits not transferable 16-24 Prima facie evidence of production of garbage; duty of city to inspect premises 16-28 Private refuse collectors; collection of commercial recycling and construction and demolition debris 16-18 Residential and commercial solid waste collection fran- chise 16-12 Restrictions on removal of deposited recyclables 16-27 Revocation or suspension of permits 16-23 Terni 16-15 Violations and penalties 16-30 Garbage and trash containers 16-3 Hazardous or electronic waste 16-5 Leaves and grass clippings; tree trunks 16-4 Removal of lot clearing, contractors' debris; oil and grease16-8 Supp. No. 34 2142 CODE INDEX Section SOLID WASTE AND RECYCLING (Cont'd.) Solid waste collection 16-2 White goods, bulk items and special pickups, procedure and fees for removal 16-9 SPRINKLER SYSTEMS Fire prevention and life safety Automatic fire sprinkler requirements 7-31 STABLES Maintaining 4-7 STAGNANT WATER Nuisances. See also that subject Allowing or permitting stagnant water to accumulate 12-1(b)(4) STATE MISDEMEANORS Committing 13-1 STATE OF FLORIDA Definition 1-2 STATE TRAFFIC LAW Adoption of Florida Uniform Traffic Control Law 21-1 STOPPING OF VEHICLES Regulated 21-16 et seq. See: TRAFFIC STORAGE Abandoned, wrecked, junked, inoperative, etc., vehicles Parking, storing or leaving longer than seventy-two hours Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Towing and storage, charges for 21-51 See also: WRECKER SERVICE STORM DRAINAGE. See: DRAINAGE STORMWATER Discharging into sanitary sewers 22-127 Discharging into storm sewers or natural outlets 22-128 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS STORMWATER MANAGEMENT Billing 22-310 Collection 22-310 Comprehensive plan re 22-304 Customer base 22-308 Definitions 22-303 Directors 22-306 Enterprise fund 22-309 Findings of fact 22-302 Supp. No. 34 2143 ATLANTIC BEACH CODE Section STORMWATER MANAGEMENT (Cont'd.) Powers and duties 22-307 Rates and charges Appeal process 22-337 Definitions 22-333 Enforcement 22-336 Fee schedule 22-335 Findings of fact 22-332 Short title 22-331 Utility fee category 22-334 Violations and penalties 22-336 Short title 22-301 Utility established 22-305 STREAMS. See: WATERCOURSES, WATERWAYS STREET ADDRESSES Fire prevention and life safety Street address identification 7-37 Numbering of buildings, mobile homes, etc. Mobile home parks and recreational vehicle parks Requirements for 10-2(7) Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Abandoned, wrecked, junked, etc., vehicles Left unattended on sidewalks 21-25 Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc 22-111 Closing of streets for various events 19-3 Community development board 14-16 et seq. See: PLANNING Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed, muzzled, etc. 4-25 Dogs or cats running at large on public streets 4-24 Driveways Construction of driveways in rights-of-way 19-7 Excavations Abandoned, wrecked, junked, etc., vehicles Leaving unattended alongside or opposite street excava- tions 21-25(a)(2) Digging up streets prohibited; exception as to public util- ities; etc. 19-2 Stopping, standing or parking vehicles alongside or oppo- site any street excavation 21-17(7) Supp. No. 34 2144 CODE INDEX Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Historic tree preservation 23-46 et seq. See: TREES AND SHRUBBERY Intersections Sight distance requirements and safety zones 19-5 Loitering, obstructions, etc., in public places 13-2 Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Obstructions to streets Stopping, standing or parking vehicles alongside or oppo- site street excavation or obstruction 21-17(7) Opening, accepting, etc. Certain ordinances saved from repeal 1-5 Public place defined 1-2 Safety zones 19-5 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Special events 19-4 Closing of streets for various events 19-3 Stopping, standing or parking vehicle Alongside or opposite street excavation 21-17(6) On sidewalks 21-17(1) Subdivision regulations 24-186 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Traffic calming devices 19-6 Vacating Certain ordinances saved from repeal 1-5 Waterworks system Extensions of water mains in existing streets 22-38 SUBDIVISIONS. See: ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Supp. No. 34 2145 ATLANTIC BEACH CODE 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. 34 2146 CODE INDEX 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 Utility services to which applicable 20-16 When purchase deemed made within city 20-20 Telephone service. See herein: Public Service Tax TAXICABS Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TELEPHONE TAX Provisions re 20-31 et seq. See: TAXATION TENANTS Definition of "owner" to include tenants 1-2 TENNIS COURTS Water shortages Washing of tennis courts 22-39(e) TENSE Defined 1-2 THEATERS Dogs in theaters to be muzzled, leashed, etc. 4-25 Supp. No. 34 2147 ATLANTIC BEACH CODE TIME, COMPUTATION OF Defined Section 1-2 TITLE LOANS Definitions 21-60 Maximum interest rate 21-62 Motor vehicle title loan transactions 21-61 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transition period for regulations, restrictions and licensure provisions 21-66 Violations and penalties 21-65 TOILET FACILITIES Use of public sewers required Installation of toilet facilities 22-74 TOWING SERVICE. See: WRECKER SERVICE TOXIC SOLIDS, LIQUIDS OR GASES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(5) Prohibited discharges 22-129 TRAFFIC Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Beaches, regulations for 5-1 et seq. Operating motorized apparatus within two hundred feet of 5-7 Parking of sailboats on beaches not to obstruct lifeguard activities 5-6 Use of vehicle on beach safety zone 5-16 Certain ordinances saved from repeal 1-5 Florida Uniform Traffic Control Law; Manual on Uniform Traffic Control Devices Adoption 21-1 Motor Vehicle Title Loans Definitions 21-60 Maximum interest rate 21-62 Motor vehicle title loan transactions 21-61 Title loan lending license 21-64 Transaction satisfaction and default 21-63 Transition period for regulations, restrictions and licensure provisions 21-66 Violations and penalties 21-65 Parades and processions Permit required 21-2 Parking. See herein: Stopping, Standing and Parking Safety zones 19-5 Supp. No. 34 2148 CODE INDEX Section TRAFFIC (Cont'd.) Stopping, standing and parking Abandoned, wrecked, junked or inoperative property, etc Declared unlawful; exception; nuisance declared 21-24 Removing and impounding 21-25 Towage and storage charges 21-26 Commercial, recreational, etc., vehicles; weight require- ments 21-22 Compliance with signs prohibiting parking required 21-19 Enforcement Disposition of money collected as fines 21-40 Form of citations 21-37 Issuance of citations 21-36 Payment of parking fines 21-39 Presumption of motor vehicle ownership 21-41 Schedule of fines 21-38 Manner of parking 21-16 Obstructing traffic 21-18 Parking for certain purposes prohibited 21-21 Parking limitations 21-20 Parking more than seventy-two hours prohibited 21-23 Prohibited in specific areas 21-17 Traffic calming devices 19-6 Traffic -control signs, signals and devices Compliance with signs prohibiting parking 21-19 Manual on Uniform Traffic Control Devices adopted 21-1 Parking limitations where signs are erected 21-20 Wrecker service Charges for towing and storage 21-51 Establishment of rotating wrecker call list 21-50 Liability insurance 21-53 Repairing vehicles without authorization prohibited 21-54 Wreckers to be equipped at all times 21-52 TRAILERS. See: MOBILE HOMES AND RECREATIONAL VEHICLES TRANSPORTATION Concurrency management system and proportionate fair - share Mitigation of development impacts on transportation cor- ridors 24-276 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Uniform travel policy and procedure 2-632 TRAPPING Trapping birds, wild fowl, etc. 4-4 TRASH. See: GARBAGE AND REFUSE Supp. No. 34 2149 ATLANTIC BEACH CODE Section TRAVEL Uniform travel policy and procedure Auditing 2-365 Authority to incur travel and business expenses 2-357 Authorized travel 2-363 Definitions 2-356 Expense forms and regulations 2-359 Fraudulent claims 2-366 Funding 2-358 Reimbursable incidental expenses 2-364 Schedule for meal allowance and accommodations 2-360 Subsistence 2-361 Transportation 2-362 TRAVEL TRAILERS. See: MOBILE HOMES AND RECRE- ATIONAL VEHICLES TREES AND SHRUBBERY Code enforcement board's jurisdiction re 2-146 Historic tree preservation Historic preserve corridors Designated corridors 23-49 Designation, procedures 23-47 Effect of designation 23-48 Intent 23-46 Penalties for violation 23-50 Roadway safety zones; planting on 19-5 Solid waste and recycling Leaves and grass clippings; tree trunks 16-4 Tree conservation board Created; functions 23-19 Removal of members 23-20 Tree protection Applicability 23-17 Definitions 23-16 Development 23-17 Enforcement 23-17 Exceptions 23-25 Inspections 23-22 Intent 23-15 Mitigation 23-17 Permits 23-17 Removal of trees 23-17 Standards 23-17 Violations and penalties 23-17 Waterworks system Water shortages; irrigation of ornamentals, ferns, foliage, etc 22-39 Weight requirements for commercial, recreational, etc., ve- hicles 21-22 Supp. No. 34 2150 CODE INDEX Section TREES AND SHRUBBERY (Cont'd.) Zoning, subdivision and land development regulations Zoning regulations Supplemental regulations Off-street parking and loading Parking areas and tree protection 24-161(1) TRUCKS Weight requirements for commercial, recreational, etc., ve- hicles 21-22 TRUSTS Definition of "person" to include trusts 1-2 U UNDERGROUND WIRING Mobile home parks and recreational vehicle parks 10-2(4) UTILITIES Generally Accounts receivable write-offs 22-5 Authority to adjust or waive charges in appropriate cases 22-4 Combined sewer and water systems 22-1 Return investment policy for Buccaneer plant 22-2 Voluntary collection program to assist needy with utility bills 22-3 Public service tax 20-16 et seq. See: TAXATION Public utilities, department of Created 2-84 Other duties 2-87 Utility director Appointment, compensation 2-85 Duties 2-86 Stormwater management 22-301 et seq. See: STORMWATER MANAGEMENT Streets, sidewalks and public places Digging up streets, exceptions as to public utilities 19-2 Permit required of public utilities 19-2 Voluntary collection program to assist needy with utility bills 22-3 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM Waterworks system 22-14 et seq. See: WATERWORKS SYSTEM V VACANT HOUSES Water service Supp. No. 34 2151 ATLANTIC BEACH CODE VACANT HOUSES (Cont'd.) Liability of consumer for charges Allowance made for vacant houses Section 22-23 VACANT LOTS Dogs and cats running at large 4-24 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 VACANT PRIVATE PROPERTY Loitering on, etc. 13-2 VEGETATION Gardens. See that subject Tree protection regulations generally 23-15 et seq. See: TREES AND SHRUBBERY Water shortages Irrigation of ferns, flowers, ornamentals, etc. 22-39(c) Irrigation of lawns generally 22-39(b) Weeds and brush. See that subject VEHICLES. See: MOTOR VEHICLES AND OTHER VEHI- CLES VERMIN Nuisances Permitting buildings to become vermin infested 12-1(b)(8) Abatement of nuisances, etc. See: NUISANCES W �1C1AT.T.S Sae. FF.TTC'.FS MT T,T,G TTFTIlTFS AND FNC',T.fl- SURES WASTEWATER SYSTEM Bills Sewer user classification rates and charges. See herein that subject Building sewers and connections Barricading, restoring excavations 22-111 Building and plumbing codes, conformance with 22-106 Connections 22-109 Connection of roof downspouts, foundation drains, sur- face runoff, etc. 22-108 Conformance; making gastight and watertight; devia- tions 22-109 Inspections; supervision of connections 22-110 Costs and expenses; indemnification of city against loss, etc 22-101 Elevation 22-107 Excavations for building sewer installation Barricading, restoring 22-111 Supp. No. 34 2152 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees 22-169 Sewer user rates and charges. See herein that subject Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers . 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Supp. No. 34 2153 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Cont'd.) Sewer service without water service 22-193 Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Impact fees 22-170 Disposition of 22-172 Payment of 22-171 Monthly wastewater base facilities charges 22-166 Payment of connection fees and impact fees 22-171 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement S VL IiI.tUl es JUL00 1 el 4 GG-1J`t Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 Supp. No. 34 2154 CODE INDEX WATER -SOURCE HEAT PUMPS Discharging water from, nuisance provisions Abatement of nuisances, etc. See: NUISANCES Section 12-1(b) WATERWORKS SYSTEM Access to consumer's premises Right of access by city employees 22-19 Application for water service 22-14 New subdivisions 22-37 Approval of plumbing prior to connection with water system 22-35 Bills. See herein: Charges, Fees, Bills Charges, fees, bills Basis for billing if meter fails to register 22-24 Connection charges; initial payment of minimum water rental 22-16 Cost of pipes, etc., in subdivisions to be paid by developer 22-37 Deposits Temporary service 22-17 Utility deposits 22-27.1 Due dates 22-29 Establish service or re-establish service after cutoff or transfer 22-20 Fire protection service charge 22-30 Installation charges 22-28 Late fees 22-29 Liability of consumer for charges 22-23 Property owner responsible to city for water charges 22-26 Re -read of meters, fee established for 22-22 Service to more than one property through same meter 22-34 Testing of meters Liability for cost of testing, adjustment of bills 22-21 Vacant houses No allowance to be made for unless water shut off 22-23 Water impact fees 22-28 Water service, charges for 22-27 Connections Approval of plumbing prior to connection with water system 22-35 When bills become delinquent 22-29 Connections Approval of plumbing prior to connection with water system 22-35 Connection charges; initial payment of minimum water rental 22-16 Connection of private water systems to city systems pro- hibited 22-32 Prohibited acts 22-33 Tapping of mains, etc., restricted to employees 22-15 Conservation of water during water shortages 22-39 Supp. No. 34 2155 ATLANTIC BEACH CODE Section WATERWORKS SYSTEM (Cont'd.) 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) i l Y atc Tvv atcr sy stcnas Connection of to city system prohibited 22-32 Connection to public sewers; failure of system; cleaning and filling 22-90 Written report required for failed private system 22-92 Prohibited acts 22-33 Restricting use of water Right of city 22-36 Subdivisions Application for water service and new subdivisions 22-37 Cost of pipes, etc., in subdivisions 22-37 Tapping Prohibited acts 22-33 Tapping of mains, etc., restricted to city employees 21-17 Temporary service 22-17 Utility provisions generally. See: UTILITIES Water shortages 22-39 Wells Bacteriological tests for potable water 22-41 Permit required 22-40 Supp. No. 34 2156 CODE INDEX Section 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 WRECKER SERVICE Charges for towing and storage 21-51 Establishment of rotating wrecker call list 21-50 Liability insurance 21-53 Repairing vehicles without authorization 21-54 Wreckers to be equipped at all times 21-52 WRITING Defined Y 1-2 YARDS AND OPEN SPACES Definition of "public place" to include school yards or open spaces 1-2 Zoning, subdivision and land development regulations 24-1 et seq. See: ZONING, SUBDIVISION AND LAND DEVELOP- MENT REGULATIONS Supp. No. 34 2157 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 Concurrency management system and proportionate fair - share Administrative responsibility 24-270 Applicability 24-271 Application and review and approval requirements 24-273 Capacity and level of service inventory 24-275 Mitigation of development impacts on transportation cor- ridors Applicability 24-277 Application process 24-280 Appropriation of fair -share revenues 24-283 Determining proportionate fair -share obligation 24-281 General requirements 24-279 Other provisions 24-284 Proportionate share agreements 24-282 Schedule of fees to determine proportionate fair -share mitigation 24-278 Transportation concurrency defined 24-276 Projects not requiring a concurrency certificate 24-272 Purpose and intent 24-269 Supp. No. 34 2159 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Timing and completion of required public facility improve- ments 24-274 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 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(0 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 Supp. No. 34 2160 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Legal status and consistency with the comprehensive 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. 34 2160.1 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Uses -by -exception 24-108(c) Residential, single-family districts (RS -1) Building restrictions 24-104(0 Intent 24-104(a) Minimum lot size 24-104(d) Minimum yard requirements 24-104(e) Permitted uses 24-104(b) Uses -by -exception 24-104(c) Residential, single-family districts (RS -2) Building restrictions 24-105(0 Intent 24-105(a) Minimum lot size 24-105(d) Minimum yard requirements 24-105(e) Permitted uses 24-105(b) Uses -by -exception 24-105(c Residential, single-family—Large lot districts (RS -L) Building restrictions 24-103.5(0 Intent 24-103.5(a) Minimum lot size 24-103.5(d) Minimum yard requirements 24-103.5(e) Permitted uses 24-103.5(b) Uses -by -exception 24-103.5(c) Special purpose district (SP) Building restrictions 24-113(g) Existing savage yards 24-113(c) Intent 24-113(a) Minimum lot or site requirements 24-113(e) Minimum yard requirements 24-113(0 Permitted uses 24-113(b) Special requirements 24-113(h) Uses -by -exception 24-113(d) Zoning districts established 24-102 General provisions and exceptions Double frontage lots Generally 24-84(a) Special treatment of Ocean Boulevard lots with dou- ble frontage 24-84(c) Special treatment of ocean -front lots on Beach Avenue 24-84(b) Garage apartments (as allowed in combination with private garages) 24-88 General restrictions upon land, buildings and structures Density 24-82(e) Duplicates or externally similar dwellings 24-82(h) Flood protection 24-82(k) Height 24-82(c) Minimum floor area for residential dwelling units24-82(j) Number of buildings allowed on a single-family or two-family (duplex) lot 24-82(b) Supp. No. 34 2165 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Open space use limitation 24-82(0 Percentage of lot occupancy 24-82(d) Required lot and occupancy 24-82(g) Temporary residence 24-82(i) Use 24-82(a) Nonconforming lots, uses and structures Intent 24-85(a) Nonconforming lots of record 24-85(b) Nonconforming structures 24-85(c) Nonconforming uses 24-85(d) Replacement of lawfully existing residential uses includ- ing those damaged or destroyed by fire, weather- related or other unintended acts 24-87 Required yards and permitted projections into required yards Mechanical equipment 24-83(c) Required yards 24-83(a) Structural projections 24-83(b) Rules for determining boundaries 24-81 Special treatment of lawfully existing residential uses affected by future amendments to the official zoning map or amendments to the land development regu- lations Amendments to the land development regulations 24-86(b) Changes to the official zoning map 24-86(a) Landscaping Applicability; requirements; buffer design standards; maintenance, protection and. visibility Applicability 24-177(a) Buffers required between incompatible or different use classifications 24-177(e) Intersection visibility 24-177(h) Landscape design standards 24-177(0 Landscape plan required 24-177(b) Maintenance and protection of landscaping 24-177(g) Perimeter landscaping requirements 24-177(d) Vehicular use area interior landscaping requirements 24-177(c) Definitions 24-176 Permitted uses Central business district (CBD) 24-114(b) Commercial general districts (CG) 24-111(b) Commercial limited district (CL) 24-110(b) Commercial, professional and office (CPO) 24-109(b) Conservation districts (CON) 24-103(b) Industrial, light and warehousing districts (ILW) 24-112(b) Planned unit development (PUD) 24-129(a) Residential general, multifamily (RG -2 and RG -3) 24-107(b) Supp. No. 34 2166 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Residential general, two-family districts (RG -1 and RG - 1A) 24-106(b) Residential, single-family districts (RS -1) 24-104(b) Residential, single-family districts (RS -2) 24-105(b) Residential mobile home districts (RMH) 24-108(b) Special purpose district (SP) 24-113 Planned unit development (PUD) Adoption of ordinance creating a planned unit develop- ment Action by the city commission 24-132(a) Expiration of time limits provided in ordinance 24-132(d) Minor deviations 24-132(c) Procedure for adoption 24-132(b) Application and review procedures Action by the community development board 24-131(b) Review by community development director 24-131(a) Application for rezoning to planned unit development Information required 24-130(a) Materials to accompany applications 24-130(b) Community facilities 24-135 Development standards and criteria Access 24-134(e) Density of development 24-134(a) In -fill development 24-134(g) Open space 24-134(b) Privacy 24-134(0 Supporting legal documents for open space 24-134(d) Waiver of yard, type of dwelling unit, and building restrictions 24-134(c) Implementation of a planned unit development Approval of development plan 24-133(c) Development plan 24-133(a) Permits 24-133(d) Record plans 24-133(b) Intent 24-127 Permitted uses and site requirements Permitted uses 24-129(a) Site requirements 24-129(b) Purpose 24-126 Purpose and planned unit development defined 24-128 Requirements of this division 24-136 Scope 24-31 Supplemental regulations Accessory uses and structures Accessory uses by zoning district 24-151(b) Authorization 24-151(a) Allowable height of fences and walls 24-157 Child care 24-152 Supp. No. 34 2167 ATLANTIC BEACH CODE Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Churches 24-153 Commercial corridor development standards Building form and finish materials 24-171(c) Delineation of commercial corridors 24-171(b) Fences 24-171(f) Intent 24-171(a) Landscaping and required buffers 24-171(g) Lighting 24-171(e) Signs 24-171(d) Display and sale of merchandise outside of an enclosed building 24-154 Dumpsters, garbage containers and refuse collection areas and above -ground tanks 24-160 Establishments offering dancing or live entertainment24-155 Exceptions to height limitations 24-156 Guardhouses and security buildings 24-158 Home occupations 24-159 Land clearing, tree removal or damage to existing trees and vegetation 24-168 Off-street parking and loading 24-161 Bicycle parking 24-161(k) Design requirements 24-161(g) General requirements and limitations for parking areas 24-161(b) Location of required off-street parking spaces 24-161(D Measurement 24-161(d) Multifamily residential uses, additional requirements 24-161) ) Off-street loading spaces 24-161(i) Parking areas and tree protection 24-161(1) Parking space requirements 24-161(h) Plans required 24-161(c) Purpose and intent 24-161(a) Uses not specifically mentioned 24-161(e) Parking lots 24-162 Required buffers between residential and non-residen- tial uses 24-167 Satellite dish antenna 24-170 Service stations Access to site 24-165(b) Lighting 24-165(d) Location of pumps and structures 24-165(c) Lot dimensions 24-165(a) Signs 24-166 Storage and parking of commercial vehicles and recre- ational vehicles and equipment and repair of vehi- cles in residential zoning districts 24-163 Supp. No. 34 2168 CODE INDEX Section ZONING, SUBDIVISION AND LAND DEVELOPMENT REG- ULATIONS (Cont'd.) Swimming pools Fences 24-164(c) Lights 24-164(a) Setbacks 24-164(b) Utility structures 24-169 Supp. No. 34 2169